HomeMy WebLinkAboutContracts & Agreements_34-1987_CCv0001.pdf 08252 - 303901/304001
At University Avenue and
At Judson Street
District Agreement No. 8-594
CO00PEYRATIVE_ AGREEMIENT
THIS AGREEMENT ENTER INTO ON is between the
STATE OF CALIFORNIA, acting hy and through its Department of Trans-
portation, referred to herein as "STATE" , and
CITY OF REDLANDS
a
body politic and a municipal
corporation of the State of
California , referred to herein.
C s "CITY ''
RECITALS
(1) STATE and CITY contemplate installing traffic control sig-
nals , safety lighting and performing roadwork at t inrersecticns
of judscn Street with State Highway Route 38 and at University
Street with State Highway Route 38 , referred to herein as "PROOECT" ,
and desire to specify the terms and conditions under which PRO ECT
is to be engineered, constructed , financed, operated and maintained .
(2) If any work involving hi h, risk underground facilities
or subsurface construction within said State highway is needed ,
STATE requires that said work he accomplished in accordance with
STATE ' s "Manual on High and Low Risk Underground Facilities Within
Highway Rights of Way" .
SECTION T
ZL
CITY AGREES :
(1 ) To provide all necessary preliminary engineering, including
plans and specifications and utility identification and location ,
and all necessary construction engineering services for the PROJECT
and to bear CITY ' s share of the expense thereof , as shown on Exhi-
bits A and B, attached and made a part of this Agreement .
( 2) To acquire and furnish the necessary rights of way , if any ,
required outside of the State highway rights of way ,
( 3) To comply with the requirements of 49 Code of Federal Eegu-
lations Part 25 when acquiring rights of way .
(4 ) To identify and locate all high and low risk underground
facilities within the PROJECT area and protect or otherwise proviie
for such facilities , all in accordance with STkTE ' s "Manual on high
and Low Risk Underground Facilities within Highway Fights of Way. "
Costs of locating, identifying, protecting or otherwise providing
for such high and low risk facilities shall be distributed and borne
in the same manner as described in Section !I! , krtic'e (11) . CITY
hereby acknowledges the receipt of STkTE ' s "Manual on High and Low
Risk Underground Facilities Within Highway Rights cf Way" and agrecs
to construct the PROJECT in accordance with such Nanual .
( 5) To apply for necessary encroachmenn pernits for required
work within State Highway rights of way , in accordance with ST TE
standard permit procedures .
W That PROJECT willbe advertised , awarded , and administered
in accordance with STATE ' s current Local Programs Manual , Volume ji .
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(7 ) To construct t PROjECT in accordance with plans and
spEcifications of CITYtc the satisfaction of and subject to the
approval of STATE .
( 8) To pay an amount equal to 50% of signal-related construc-
tion costs and CITY ' s sharp of roadwork construction costs , as shown
on Exhibits A and B. in no event shall CITY ' s obligation for con-
struction costs under this kgrems:merit , excluding costs referred to in
Section III , Article UP , exceed the amount of $133 , 6007 provided
that CITY may, at its sole discretion , in writing, authorize a
greater amount.
(9) Upon completion cf PROjECT and all work incidental thereto ,
to furnish STATE with a detailed statement of the total engineering
and construction costs tc be borne by STATE , including resolution of
any construction related claims which may have been filed by
CITY ' s contractor . and to refund 7o STATE (prorptly after completion,
of CITY' s audit) any amount V STATE ' s deposit required in Section
M . Article (1 ) remaining after actual costs to be borne by STATE
have been deducted or to bill STATE for any additional anount
required to complete S'ATE financial obligation pursuant to this
Agreement , subject to the limitations of STATE ' s participation as
stipulated in said Section M , Article ( 1) .
( 10) Upon completion cf PROjECT. to furnish STATE a complete set
of full sized film positive reproducKle as-built plans .
(11) To reimburse STATE for CITY ' s proportionate share of the
cost of maintenance of said traffic control signal and safety light-
ing, such share to be an amount equal to 50% of the total mainte-
nance costs , including electrical energy costs .
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00 ; To retain or cause to ic retained for audit for STATE or
the government auditors for a period of three ( 3) years from ME
of final payment , all records and accounts relating to construction
c,f the PROJECT.
SECTION' Ii
SMTE AGREES :
(1) To deposit with CITY within 25 days of receipt of billing
therefcr (which billing ray be forwarded immediately following
CITY ' s bid advertising date of a construction contract for PROjECT)
the amount of $130 , 000 , which figure represents STATE' s estimated
share of the expense of preliminary engineering , construction engi-
neering, and construction costs required to complete PROJECT, as
shown on Exhibits A and B . TAT ' s total obligation for said antici-
pated project costs under this Agreement shall not exceed the amount
of S149 , 500 , excluding costs referred to in Section 111 , Article
UP .
(2) STAT ' s share cf the construction costs (estimated to be
$11E , 175) shall be an amount equal to 50% of the total actual signal
and lighting-related construction costs plus STATE ' s share of the
actual roadwork construction costs , including the costof construc-
tion-related claims and the cost of CITY defense of any of those
claims , as determined after completion of work and upon final
accounting of costs .
(3) STATE ' s share of the expense of preliminary engineering
shall he an amount equal to 50% of the CITY ' s actual costs for pre-
liminary engineering for the entire PRO jECT.
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lv ,� STA E' s share of tho expanse of constriction engineering
shall le an amount equal to 50% of the CITY ' s actual costs for r.`
in egin ecring for the entire PROjECT.
( E ) To pay CITY upon corpletion of all work and within 20 days
of receipt of a detailed statement made upon final accounting of
costs therefore , any anount ever and abcvc the aforesaid advance
deposit required to complete STATE ' s financial obligation pursuant
to this Agreement , provided the STME ' s total obligation does not
exceed the amount as stipulated in Article (1 ) of this Section 11 ,
Mclusivc of utilities referred to in Section W! , Article (11 ) .
NO To maintain the entire traffic control signal and safety
lighting as installed and pay an amount Equal to 50% of the total
maintenance costs , including electrical energy costs .
( 7 ) To operate the traffic ccntrol signal as installed and
pay 100% of the operation cost .
Q ) To furnish the traffic signal cont c! equiprent for
PROjECT. This equipment shall consist M signal controller unit and
signal control cabinet . The eszimated cost of this STATE-furnished
equipnt is S12 , 000 and the actual cost to STATE shall be deducted
fro_ the STATE ' s share of the PROjECT costs .
(9 ) To issue, upon proper application by CITY, and by CITY
contractor , the necessary encroachment permits for required work
within the State Highway rights of way .
( 1 `i To prepare a "Project Report" justifying the need for
PROjECT, to prepare all necessary Environmental evaluation and
clearanCE documents and to furnish copies of these documents to
CITY in a timely manner .
(11) To provide a State Project Coordinator to coordinate and
promptly review the work ofCITY and its consuitanzs , if any, during
the preparation of PSM for PROjECT
S
EC TT 10 IN I I I
IT IS EUTUALLY KGREED M FOLLOWS :
( 1 ) All obligations of STME under the terms of this Agreement
are subject to the appropriation of resources by the Legislature and
the allocation of resources by the California Transportation Comnis-
sion . Should CITY award a contract fcr PROJECT prior to the alloca-
tion of resources by the California Transportation Commission , thert
is no guarantee of TME ' s participation and CITY shall assume all.
risks thereof .
(2) Should any portion of the PROjECT he financed with Federal
funds of State gas tax funds , all applicahle laws , regulations and
policies relating to the use of such funds shall apply notwithstand-
ing other provisions of this kgreement .
( 3) That construction by CITY of improvements referred to
herein which lie within STkTE rigkts of way cr affect STATE facili-
ties , shall not be ccmmenced until CITY' s original contract plans
invclving such work, have been reviewed an6 approved by signature of
SMTE ' s District Director of District 08 , or his delegated agent ,
and until an Encroachmc_it Permit authorizing such work has heens
issued by STATE therefor . Receipt by CITY of CITY ' s contractplans
signed by STATE shall constitute STME ' s acceptance of and official
approval of said plans .
M That CITY will obtain tKa aforesaid Encroachment Permit
through the office of STATE ' s District 08 Permit Engineer and that
CITY ' s application therefor Phail be accompanied by rejar oducibic
tracingE of aforesaid STATE approved contract plans . Receipt there-
after by CITY of the approved Encroachment Permit shall constitutE
CI authorization fron STATE to proceed with work which lies
within STATE rights of way or which affects STATE facilities , pursu-
ant to work covered by this Agreenent . CITY' s authorization to pro-
ceed with said work shall , however , be contingent upon CITY' s com-
pliance with all provisions set forth in said Encroachment Permit .
( 5) CITY shall not advcrtise for bids to construct PROjECT
until after an Encroachment Permit has been issued to CITY by STATE ,
nor shall CITY award a contract to construct PROOECT until after
receipt of STATE ' s deposit required in Section 11 , krticle (1) .
(6 ) After opening of bids , ST. TE ' s estinate of cost will be
revised based on actual bid pricas . STATE ' s required deposit under
Section 11 , Article (1 ) abcvc will he increased or decreased tc
match said revised estimate . it deposit increase or decrease is
less than S1 . 000 , no refund or demand for additional deposit will be
made until final accounting.
(7 ) After opening bids for the PROJECT and if bids indicate a
cost ovErrun of no more than 15% of the estimate will occur , CITY
may award the contract ,
( 8 ) if , upon opening bids , it is found that a cost vverrun
exceeding 15% of the estimate will occur . STATE and CITY shall
endeavor to agree upon an altErnative course of action. if , after
30 dams . an alternative course of action is not agreed upon, this
Agreement shall be deemed to be terminated by mutual consent pursu-
ant to Article (10) of this Section !I! ,
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Prior to award of the construction contract for the
PRGjE:T , STATE may terminate this Agreement by written notice , prc-
vided that STWE pays CITY for all costs incuired by CITY not to
exceed expenditures of $7 , 500 .
( 10 ) if termination of this Agreement is by mutual agreement ,
STATE will bear 50% and CITY will bear 50% of all costs incurred
prior to termination. with total costs not to exceed S15 , 000 .
( 11 ) if existing public and/or private utilities conflict with
the construction of the PROJECT, CITY willmake all necessary
arrangements with the owners of such utilities for their protection ,
rElWatiOn or removal . CITY will inspect the protection, relocation
or rencval . which if there are costs of such protection, relocation
or removal , which STATE and CITY must legally pay , STATE and CITY
will share in the cost of said protection, relocation or removal ,
plus cost of engineering overhead and inspection , in the amount of
50% STATE and 50% CITY. If any protection . relocation or removal of
utilities is required , such work shall be performed in accordance
with STATE policy and procedure . STATE will pay its share at thc
time of final billing based an actual costs .
112) Upon completion of all work under this Agreement , ownership
and title to all signals , materials , equipment and appurtenances
installed will be jointly shared in the ratio of 50% STATE and 505
C
YT-
AN 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
apylied in accordance with STATE ' s standard accounting procedures .
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(14 ) Nothing in the provisions of this Agreenent is intended to
create duties or obligations to or rights in third parties not
parties to this Agreement or affect the legal liability of eithEr
party to the Agreerent by imposing any standard of are respecting
the naintenance of State highways different from the standard of
care imposed by law.
(15) It is understood and agreed that neither STATE nor any
officer or employee thereof is responsible for any damage or liab-
ility occurring by reasons of anything done or omitted to done by
CITY under or in connection with any work , authority or Jurisdmotion
delegated to CITY under this kgreement . it is understood and agreed
that , pursuant to Gcvcrnnent Code Section 895 4 , CITY shall fully
defend, indemnify and save harmless the State of California , all
officers and employees from all clains , suits or actions of every
name , kind and description brought for or on account of injuries to
or death of any person or damage to property resulting from anything
done or omitted to be done by the CITY under or in connection with
any work , authority o, jurisdicticn dclegated to the CITY under this
Agreement .
(1 6 ) it is understood and agreed that neither CITY nor any officer
or employee thereof is responsdble for any damage or liability
occurring by reasons of anything done or cmittud T be done by STATE
under or in connection with any work , authority or jurisdicticn
delegated to STATE under this Agreement . it is understood and agreed
that , pursuant to Government Code Section 895 . 4 . STWE shall defend ,
indemnify and save harriess the CITY fror all claims , suits or
actions of every name , kind and description brought for or on
account of injuries to or death of any person or damage to property
resulting from anything done or omitted to he dons by STATE under or
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in cOnnes tion With any wor?_
1 -Y or Jurisdict-ion + C',
a
the STA-1L7,E under this Agreerent
( 1711 That those portions cf this g to the
construction of PROJECT shall ter!7,inate upon cOmPletion and arcep-
tance of the PROJECT construction COntraCt -T-y or on
1995 , c hexer is earlier in time , however , the ownership, cper-
atior. and maintenance clauses sha'L7re.main in ElEfect until terl- i-
nated Or rriodified, in writing , bYMutual agrecnment . Sh-ould any con-
struction related claire ari; _--'Lng out of this project be assert-, ,
against CITY, STATE agreEs to Extend t1he date OIL th-is
kgreenment and provide additional -funding as required to cc)vel-
STATE ' s proportionate share of cost s 01,
c-xec'dtc-- a subsequent afire c-
to cover those eventualities .
STATE OF CkLT FORNIA
1-1 CITY OF REDLANDS
Department of Transportation
LEC, VT. TRO11BATORE
Director Of` Transportation
BY Distriict Directol- BY
test -
Cler-M
i,pprcved as to form, and procedure
kttorney , Department of Transportation
Certified as to funds and procedure
E i S�tr i c�t _k c�co u,nti n g�Officer���
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08252 - 303901
kt University Avenue
Dist . Agreement No . &-594
EXHIBIT k
ESTIMkTF OF COST
TOTAL COSTS CITY SHkKE STATE SH RE
Construction
Cost
Signals $ 82 , 600 $41 , 200 $41 , 200
Roadwork $ 33 , 800 06 , 960 $16 , 900
$116 , 200 VSMO $58000
Preliminary
Engineering
$ 8 , 000 $ 4 , 000 $ 4 , 000
Construction
Engineering
$ 6 , 250 S 3 , 125 3 , 125
utilities $ 0 $ 0 $ 0
TOTALS $130 , 450 $65 , 225 $65, 225
08-SEd-38-1 . 4
08252' - 304001
kt Judson Street
Dist . Agreement No. 8- 59L-
EXHIBIT B
ESTIMATE OF COST
TOT.LL COSTS CITY SH--'RE STATE SHARE
Cost:
Simi alls S 82 , 400
4 1 , 2 0 0
F o a d S 33 , 80`. $16 , 900
C116 , 2C)c $58 , 100 C58 , 100
En g ine E r i.-Q
$ 8 , 000 4 , 000 S 4 , 000
Engine&ri.-g
IZ,
6 , 250 3 , 125 S 3 , 125
0 0
TOTkLI-z $130, 45C, $65, 225 $65, 225
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