HomeMy WebLinkAbout3593_CCv0001.pdf RESOLUTION NO. 3593
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA,
AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF REDLANDS AND THE STATE OF CALIFORNIA FOR THE INSTALLATION
AND 14AINTENANCE OF A TRAFFIC SIGNAL AT THE INTERSECTION OF ORANGE
STREET AND BROCKTON AVENUE
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Redlands as follows :
1 . That the City of Redlands enter into an agreement with the
State of California for the installation and maintenance
of a traffic signal system and safety lighting at the inter-
section of Orange street and Brockton Avenue: and
2. That the Mayor of the City of Redlands is hereby authorized
and directed to execute said agreement on behalf of the
City of Redlands, and the City Clerk of the City of
Redlands is hereby authorized and directed to attest the
signature of the Mayor and to impress the official seal
of the City of Redlands on said agreement; and
3 . A true copy of the agreement is attached hereto and made a
part thereof.
ADOPTED, SIGNED AND APPROVED this 3rd day of July, 1979.
ATTEST: 17_dybr of 4tAle City" of Red,1��
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I, Peggy A. Moseley, City Clerk, City of Redlands, California, do
hereby certify that the foregoing resolution was adopted by the
City Council at a regular meeting thereof held on the 3rd day of
July, 1979, by the following vote:
AYES: Councilmem.bers Knudsen, DeMirjyn, Elliott, Riordan;
��ayor Martinez
NOES : None
ABSENT: None
Cit�y(- k
6
08351
Oranze Street a -1�r�CktoP P.vcf nuc
District nree ert l:o.
THIS' 19 TS
BET" ,EN
CITY OF REIDLANDS
a body pciIt-c and a unlcipal
corporat ` cin of Mhe State ok"
Cad if orn-La , referred to !: erein
as "CITY"
AND
STATE OF CA:t TFORNTA
acting by and throurrh its
Department of i:°ansporta tion,
referred to ^ere in as "STATE"
RECITALS
(1 ) STATE and CITY contemplate i stallanf� traffic
control signal .; stem and safety li!7ht1r,,F, at the intercecti.on
of Brockton A,;eMte i�rith State High-way Route 33 (Oram-e Street ,
referred to herein as "PROJE"CT", and desire to specify the teras
and conditions under which such systems are to be installed ,
financed and -maintained .
(2) It Is anticipated that Federal-Aid Urban Funds
will be allocated for financing: 100"' of the construction, and
construction engineering costs which are eligible for Federal-Aid
participation, and STATE and CITY will bear the remainder of fare
costs as set forth herein .
SECTION I
CITY AGREES:
(1) To provide plans and sp ci,fi_cat3 ons for the PROJECT'
and to bear CITY'S share of the expense thereof .
(2) To pay the functional and ad-mini strati =e overhead
assessments attributable to 50% of the construction: enEineering
costs as described in Section III, paragraph 8. STATE will bill
CITY after final accounting of all construction engineering
chanes have been made . Cost shall be determined per the then
current overhead assessment rate .
(3) To identify and locate all high and low risk under-
ground facilities within the project area and protect or of .er-
wise provide for such facilities, all in accordance with STATE 'S
"Polley on High and Law Risk underground Facilities 'e.1thin
Highway Rights of Way" . Costs of locating, identifying,
i
protecting or otherwise provldinF for such high and low risk
facilities shall be distributed and borne in the same manner as
described in Section III, paragraPh 7 . CITY hereby acknowledges,
the receipt of STATE 'S "Policy on High and Low Risk Underground
Facilities Within Highway Rights of Way" and agrees to construct
the PROJECT in accordance with such Policy.
(4) To certify to STATE that the right of way is owned
by CITY or that CITY had RiSht of Entry to do work prior to
advertising .
(5) To reimburse STATE for CITY'S proportionate share
of the cost of maintenance and operation of said traffic control
signal systems and safety lightinE, such share to be an amount
equal to 50% of the total costs .
SECTION II
STATE AGREES:
(1) To construct the PROJECT by contract in accordance
with the plans and specifications of CITY.
(2) To pay the amount of $3,000, which figure represents
STATE'S estimated share of the expense of preparation of plans
and specifications . In no event shall STATE 'S total obligation
for said costs under this contract exceed the amount of $3,000;
provided that STATE may, at its sole discretion, in writing
authorize a greater amount .
- (3) STATE 'S share of the expense of preparing plans
and specifications shall be an amount equal to 50% of the actual
costs of preparing plans and speciflcatlons ,
(4) To maintain and operate the entire traffic control
signal systems and safety lightinE as Installed and pay an
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amount equal to 50',o' of the tonal costs .
SFCTIC�-'7 III
IT IS AS vO'122. '"'S
(1) All oblIgaticns of STATE under the terms of this
Agreement are s7.,b -lect to the allocation of resources by the
Legislature and the California r-'Flransporta t ion Commission .
(2) Neither STAT' 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 under or
01
In connection with any work-, autilor-ity or jurisdiction delegated
to CITY under this Agreement . It is also agreed that, pursuant
to Government Code Section 895 .4, CITY 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 under or in connection
with any work, authority or jurisdiction delegated to CITY under
this Agreement .
(3) Neither CITY 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 under this Agreement'. It is also agreed that, pursuant
to Government Code Section 805 .4, STATE shall fully indemnify and
hold CITY 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 STAT.,-;' under or In connection
with any work, authority or jurisdiction riot delegated to CITY
under this Agreement .
(4) S ,ould any portion of the PROJECT be Financed with
Federal funds or State was tax funds all applicable procedures
and policies relatin[r, to the use of such fundsshall appll-.,- not'-
withstanding ether provisions of this Agreement .
(5) The costs referred to herein are based on the
assumption that Federal-Aid Urban Funds will be allocated for
financing 100% of the costs . In the event that Federal-Aid
participation is not secured , this agreement may be ter-minated
by either party. at any time prior to the award of a construction
contract, or alternatively, each party ' s participation may be
rene-ot.iated to "make up" for the loss of Federal funds .
this agreement is by mutual
(6) If' termination of 'Ll
agreement, STATE will bean 50%j and CITY aill bear 50% of all
costs Incurred prior to termination .
(7) 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 and
50%, C ITY.
(8) If existing public and private utilities conflict
with the construction of the PROJECT, CITY will make all
necessary arrangements with the owners of such utilities for
their removal or relocation . CITY will Inspect the removal or
relocation of such utilities . If there are no existing provisions
for removal or relocation of utilities between CITY and/or STATE
and the o,.�;ners of the utilities, STATE and CITY will share in
the cost of removal or relocation in the amount of 50%, SPATE and
50% CITY.
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(9) The cost of any en-;
ineerine- or maintenanCe referred
C
to herein shall include all direct and Indirect costs
(functional
and administrative overhead assess gent attributable to such
work, applied in accordance with SKATE 'S standard accounting
Procedures . However, STATES snare is accounted ror in a state-
wide account and is not shown separately on each projectfs cost
breakdown.
STATE OF CALIFORNIA CITY OF REDLANDS
Department of -Transportation JJ
ADRIANA B GIANTUI
R1 C 0 y
Director of Transportation {tray r)
By, Attest-
District Director r
y Cle ,
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