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HomeMy WebLinkAboutContracts & Agreements_4-1981_CCv0001.pdf 08_SBd-I0-29.3 08351 -- 224601 At Alabama Street Ramps District Agreement No . 8 - 397 THIS AGREEMENT, ENTERED INTO 01Y , 19 IS Bti.1`tTEEN CITY OF REDLANDSS a body politic and a municipal corporation of the State of California, referred to herein as "CITY" AND COUNTY OF SAN BERNARDINO a political subdivision of the State of California, referred to herein as "COUNTY" AND STATE{ OF CALIFORNIA acting by and through its Department of Transportation, re''erred to herein as "STATE" RECITALS (1) STATE, CITY, and COUNTY contemplate installing traffic control signal systems and safety lighting at the inter- sections of the Route 10 ramps with Alabama Street, referred to herein as ''PROJECT", and desire to specify the terms and condi- tions under which such systems are to be installed , financed and maintained . (2) It is anticipated that Federal-Aid Interstate Funds (FAI) will be allocated for financing 100% of the construction, construction engineering and design engineering costs which are eligible for Federal-Aid participation, and STATE, CITY, and COUNTY will bear the remainder of the costs as set forth herein, and as shown in EXHIBIT A attached and hereby made a part of this agreement . SECTION I STATE AGREES: (1) To provide plans and specifications and all necessary construction engineering services for the PROJECT and to bear STATE'S 50% share of the expense thereof, as shown in EXHIBIT A . (2) To construct the PROJECT by contract in accordance with the plans and specifications of STATE . (3) To pay an amount equal to 50% of construction costs, as shown on EXHIBIT A; but in no event shall STATE'S total obligation for construction costs under this agreement exceed the amount of $2,0003 provided that STATE may, at its sole discretion, in writing, authorize a greater amount . -2- (4) To maintain and operate the entire traffic control signal system and safety light inZ, as installed and pay an amount equal to 50% of the total costs . SECTION II CITY AGREES: (1) To deposit with STATE, prior to award of a construe- tion contract for PROJECT, the amount of $4,200 which figure represents CITY'S estimated share of the expense of design engineering, construction engineering and functional and administrative overhead assessments as described in Section IV, paragraph 11 and as shown in EXHIBIT A . CITY'S share shall be 25% of said costs after FAI payment is made . (2) To pay 25% of construction costs (if any) after FAI payment is made, but in no event shall CITY'S total obliga- tion for construction costs under this agreement exceed the amount of $1,000, including costs of protection, relocation or removal of any utilities charged to CITY as set forth in Section IV, paragraph 10, hereof; provided that CITY may at its sole discretion, in writing, authorize a greater amount . (3) To reimburse STATE for CITY'S proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be an amount equal to 25% of the total cost . SECTION III COU',T.PY AGREES: (1) To deposit with STATE, prior to award of a construction contract for PROJECT, the amount of $4,200 which figure represents COUNTY'S estimated share of the expense of design engineering, construction engineering and functional and administrative overhead assessments as described in Section IV, paragraph 11 and as shown in EXHIBIT A . COUNTY'S share shall be 25% of said costs after FAI payment is made . (2) To pay 25% of construction costs (ifany) after FAI payment, is made, but in no event shall COUNTY'S total obliga- tion for construction costs under this agreement exceed the amount of $1,000, including coats of protection, relocation or removal of any utilities charged to COUNTY as set forth in Section IV, paragraph 10, hereof; p I rovided that COUNTY may at its sole discretion, in writing, authorize a greater amount-. T (3) To reimburse STATE for COUNTY'S proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be an amount I equal to 25% of the total cost . SECTION IV IT IS MUTUALLY AGREED AS FOLLO`.�11*3: (1) All obligations of STATE under the terms of the Agreement are subject to the appropriation of resources by the Ler7islatur_- and the allocation of resources by the California Transportation Commission . -4- (2) STATE shall not ailard a contract for the work until after receipt, of CITY'S and COU�JrIPYIS deposit required in Sections II(l) and III(l) , respectively . (3) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY or COUNTY under or in connection with any work, authority or jurisdiction delegated to CITY or COUNTY under this Agreement . It is also agreed that, pursuant to Government Code Section 895.4 CITY and COUNTY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY or COUNTY under or in connection with any work, authority or jurisdiction delegated to CITY or COUNTY under this Agreement . (4) Neither CITY or COUNTY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY or COUNTY under this Agreement . It is also agreed that, pursuant to Goverment Code Section 895 .4, STATE shall fully indemnify and hold CITY or COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810 .8) occurring by reason of anything done or omitted to be done by STATE under or in connect-loin ,,,,Ith any work, authority or jurisdiction not delegated 'L--lo CITY or COUNTY under this Agreement . -5- (5) Should any portion of the PROJECT be financed w *th Federal funds or State gas tax funds, all applicable - _L procedures and policies relating to the use of such funds shall apply notwithstanding other pro%, isions of this agreement . (6) The costs referred to herein are based on the assumption that Federal-Aid Interstate Funds will be allocated for financing 100% of the costs . In the event that Federal-Aid participation is not secured this agreement may be terminated by any party at any time prior to the award of a construction contract, or alternatively, each party's participation may be renegotiated to "make up" for the loss of Federal funds . CD (7) Prior to advertising for bids for the PROJECT either CITY or COUNTY may terminate this agreement in writing, provided that terminator pays STATE for all costs incurred by STATE prior to termination . (8) If termination of this agreement is by mutual agreement, STATE will bear 50%, CITY will bear 25%, and COUNTY will bear 25% of all costs incurred prior to termination . (9) Upon completion of all work under this agreement, ownership and title to all materials, equipment and appurtenances installed will be jointly shared in the ratio of 50% STATE, 25% CITY, and 25% COUNTY. (10) If existing public and private utilities conflict with the construction of the PROJECT, STATE will make all necessary arrangements with the o1sners of such utilities for the-L.'r- protection, relocation or -removal . STATE will inspect the removal or relocation of such W-JI-lities . If there are costs for -6- such protection, relocation oi, removal which STATE and/or CITY andllo-o COUNTY must legally pay, STATE, CITY, and COUNTY will share in said cost of protection, relocation or removal in the amount of 50% STATE, 25i,/ CITY, and 2559 COUNTY, subject to the limits of Sections II and III . (11) The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE 'S standard accounting procedures . (12) STATE'S obligation under this agreement shall terminate upon completion and acceptance of PROJECT by STATE, CITY, and COUNTY or on January 1, 1983, whichever is earlier in time ; however, the ownership an: maintenance clauses shall remain in effect until terminated in writing by mutual agreement . STATE OF CALIFORNIA CITY OF REDLANDS,_--,._, Department of Transportation B- x Mayor ADRIANA GIANTURCO Director of Transportation Attest: k By District Director COUNTY OF SAN BERNARDINO By Chairman, Board of Supervisors Attest : U­lerk­of the Board of Supervisors -7- EXIIT, BIT A 1� ESTIP,IATEE OF COST COUNTYtS, CITY'S STATE'S TOTAL SHARE SHARE SHARE DESCRIPTION COST FAI (25%) (25%) (50%) Construction $198,000 $108,000 Pi,el . Eng . (Nonlabor) 4,554 4,554 2 .3% of Construction Cost Prel . Eng . (Labor Only) 19,206 19,2006 9.7% of Construction Cost Pref . Eng. (overhead 9,900 Non-partic- 2,475 2,475 4,950 Assessment) ipating 51 -54% of Labor only (51 -54% of 9.7%=5.0% of constr . ) Constr . Eng . (Nonlabor) 6,336 6,336 3 .2% of Construction Cost Constr . Eng. (Labor Only) 14,652 14,652 -- -- 7 .4% of Construction Cost Constr . Eng. (Overhead 6,732 ! on-partic- 1,683 1,683 . 3,366 Assessment) ipating 45 -94% of Labor only (45 .94% Of 7 .4%6=3.4% of Constr . ) TOTALS $259,380 $242,748 $4,158 $4,158 $8,316 *Use $259,400 $24-D,700 $8,300 $4,200 $4,200 Possible Construction 4,000 Non-partic- $1,000 $1,000 $2,000 Costs for which there ipating CD is no FAI participation *Estimates rounded to nearest `100 for Agreement purposes .