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HomeMy WebLinkAboutState of California - 1990 Highway Maintenance Agreement 4-SCI-101-6.3 4334-124101 Dist. Agmt. No. 4-1254-C Document No. SCl-43- AGREEMENT THIS AGREEMENT, ENTERED INTO ON February 20, 1990 , is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as "STATE", and CITY OF GILROY, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS (1) STATE and CITY contemplate installing a traffic control signal and the addition of an approach lane ramp at the intersection of 10th Street with State Highway Route 101, re- ferred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, con- structed, financed and maintained. (2) It is anticipated that STATE and CITY will bear the cost of PROJECT as set forth herein. -1- Dist. Agmt. No. 4-1254-C SECTION I STATE AGREES: (1) To provide all necessary preliminary engineering, including plans and specifications, and all necessary con- struction engineering services for PROJECT and to bear STATE's . - share of the expense thereof, as shown on Exhibit A attached hereto and made a part of this Agreement. (2) To construct PROJECT by contract in accordance with plans and specifications of STATE. (3) To pay an amount equal to 75 percent of signal and related construction costs (and STATE's share of roadwork con- struction costs) as shown on Exhibit A. In no event shall STATE's total obligation for construction costs under this Agree- ment, excluding costs referred to in Section III, Article (9), exceed the amount of $198,000; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed statement of the portion of the engineering and construction costs to be borne by CITY, including resolution of any claims which may have been filed by STATE's contractor and to refund to CITY promptly after com- pletion of STATE's audit any amount of CITY's deposit(s) required in Section II, Article (1) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any addi- -2- Dist. Agmt. No. 4-1254-C tional amount required to complete CITY's financial obligation pursuant to this Agreement. (5) To maintain the entire traffic control signal(s) as installed and pay an amount equal to 75 percent of the total maintenance costs, including electrical energy costs. SECTION II CITY AGREES: (1) To deposit with State within 25 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the amount of $42,000, which figure represents CITY's estimated share of the expense of preliminary engineering, construction engineering and construction costs required to com- plete the PROJECT, as shown on Exhibit A. CITY's total obli- gation for said anticipated PROJECT costs, exclusive of claims and excluding costs referred to in Section III, Article (9), un- der this Agreement, shall not exceed the amount of $50,500~ pro- vided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY's share of the construction cost (estimated to be $34,000), shall be an amount equal to 25 percent of the total actual signal construction costs, including the cost of STATE furnished material, the cost of claims and the cost of -3- Dist. Agmt. No. 4-1254-C STATE defense of claims, if any, as determined after completion of work and upon final accounting of costs. (3) CITY's share of the expense of preliminary engi- neering (estimated to be $3,000) shall be an amount equal to 10 percent of the CITY's share of the actual construction cost. (4) CITY's share of the expense of construction engi- . - neering (estimated to be $5,000) shall be an amount equal to 15 percent of CITY's share of actual final construction cost. (5) To pay STATE upon completion of all work and within 20 days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY's financial obligation pursuant to this Agreement. (6) To reimburse STATE for CITY's proportionate share of the cost of maintenance of said traffic control signal(s) and safety lighting, such share to be an amount equal to 25 percent of the total maintenance costs, including electrical energy costs. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE 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 Commission. -4- Dist. Agmt. No. 4-1254-C (2) STATE shall not award a contract for the work un- til after receipt of CITY's deposit required in Section II, Arti- cle (1). (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other'provisions of this Agreement. (4) After opening of bids, CITY's estimate of cost will be revised based on actual bid prices. CITY's required de- posit under Section II, Article (1) above will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000, no refund or demand for additional deposit will be made until final accounting. (5) After opening bids for PROJECT and if bids indi- cate a cost overrun of no more than 20 percent of the estimate will occur, STATE may award the contract. (6) If, upon opening of bids, it is found that a cost overrun exceeding 20 percent of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. If, after 30 days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (8) of this Section III. (7) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice, provided that CITY pays STATE for all project related costs in- curred by STATE. -5- Dist. Agmt. No. 4-1254-C (8) If termination of this Agreement is by mutual con- sent, STATE will bear 75 percent and CITY will bear 25 percent of all PROJECT related costs incurred by STATE prior to termination, except that any utility relocation costs shall be prorated in ac- cordance with STATE's/CITY's responsibility for utility relo- cation costs. (utilities proration may be different if state does 100 percent roadwork,' for 'example) (9) If existing public and/or private utilities con- flict with the construction of PROJECT, STATE will make all nec- essary arrangements with the owners of such utilities for their protection, relocation or removal. STATE will inspect the pro- tection, relocation or removal. If there are costs for such pro- tection, relocation or removal which STATE and/or CITY must legally pay, STATE and CITY will share in the cost of said pro- tection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 75 percent STATE and 25 percent CITY. Required protection, relocation or removal of utilities shall be performed in accordance with STATE policy and procedure. CITY will deposit with STATE within 20 days of receipt of bill- ing, CITY's share of the estimated cost of said protection, relo- cation or removal, engineering overhead and inspection. (10), Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances pertaining to the signals installed as a part of PROJECT will au- tomatically be vested in STATE and no further agreement will be necessary to transfer ownership to STATE. -6- Dist. Agmt. No. 4-1254-C (11) The cost of any engineering or maintenance re- ferred 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 ac- counting procedures. (12) In the construction of said work STATE, will fur- nish a representative to perform the functions of a Resident En- gineer, and CITY may, at no cost to STATE, furnish a representative, if it so desires and that said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's engineer shall prevail. (13) The execution of this Agreement by CITY grants to STATE the right to enter upon CITY-owned lands to construct the PROJECT referred to herein. (14) Neither STATE nor any of=icer 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 in connection with any work, authority 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 de- fined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. -7- Dist. Agmt. No. 4-1254-C (15) Neither CITY 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 STATE under or in connection with any work, authority or jurisdiction not de leg- ated to CITY under this Agreement. It is also agreed that, pur- suant to Government Code Section 895.4, 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 STATE under or in connection with any work, authority or jurisdiction not de- legated to CITY under this Agreement. -8- Dist. Agmt. No. 4-1254-C (16) This Agreement shall terminate upon completion and acceptance of the PROJECT construction contract by STATE or on September 30, 1994, whichever is earlier in time~ however, the ownership, maintenance and operation clauses shall remain in ef- fect until terminated or modified, in writing, by mutual agree- mente Should any claim arising out of the contract to construct this project be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional fund- ing, subject to the City Council's budgeting sufficient funds as required to cover CITY's proportionate share of costs, or execute a subsequent agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation ROBERT K. BEST Director of Transportation CITY OF GILROY By ;J~ At~1Hww/I0i City Clerk Deputy District Director APPROVED AS TO FOID1 AND PROCEDURE ATTORNEY Department of Transportation District Accounting Officer ~~~~: AS ;0 FORM AND '6t:.~/ (. I / I Attorney / I " tilJt/~ v CERTIFIED AS TO FUNDS AND PROCEDURE -9- Dist. Agmt. No. 4-1254-C 4-SCI-101-PM6.3 4356-124100 Dist. Agmt. No. 4-1254-C EXHIBIT A COST ESTIMATE BREAKDOWN Description Total STATE's Share CITY's Share Electrical work $105,000 $ 79,000 $26,000 Roadwork (including traf- fic control and signing) $ 61,000 Sub-Total $166,000 $ 59,000 $138,000 $ 27,000 $165,000 $ 2,000 $28,000 Contingencies $ 33,000 $ 6,000 Constr Cost Total $199,000 (STATE 75% CITY 25%) $34,000 Preliminary Engineering (10%) * $ 3,000 Construction Engineering (15%) * $ 5,000 Total CITY's Share $42,000 * STATE's share is accounted for in a statewide account and is not shown separately on each project's cost breakdown. Note: In the above table, some of the values may have been rounded off to simplify the presentation. Wherever percentages are shown, they shall prevail over the dollar amounts derived therefrom. -10- RESOLUTION NO. 90 - 11 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AGREEMENT NO. 4-1254-C FOR TRAFFIC SIGNALS IN THE CITY OF GILROY. BE IT RESOLVED by the City Council that Mayor ROBERTA H. HUGHAN and City Clerk SUSANNE E. STEINMETZ of the City of Gilroy be and they are hereby authorized to execute Agreement No. 4-1254-C with the State of California for installation of traffic signals at the southbound off-ramp of SR 101 and Tenth Street. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Department of Transportation. PASSED AND ADOPTED this 20th day of February, 1990, by the following vote: NOES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. COUNCILMEMBERS: None AYES: ABSENT; COUNCILMEMBERS: None APPROVED: /s/ ROBERTA H. HUGHAN Mayor ATTEST: /s/ SUSANNE E. STEINMETZ City Clerk RESOLUTION NO. 90 - 11 - I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 90-11 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of February 1990 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 22nd day of February 19 90. (Seal)