HomeMy WebLinkAboutResolution 90-308 08/27/1990~~;
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resolution No. 90-308 N ~.5.
of the City of Petaluma, California
PASS RESOLUTION AUTHORIZING MAYOR: TO
SIGN COOPERATIVE AGREEMENT
COMMITTING TO 50 PERCENT. OF COSTS
OF ADDING PROTECTED LEFT TURNS
FROM EAST WASHINGTON STREST-
ONTO U.S. 101 NORTHBOUND
13 WHEREAS, the City of Petaluma has asked the State of
14 California, Department of Transportation to investigate the
15 warrants for adding protected left turn movements to the,
16 existing signal system at East Washington Street and U.S.
17 101 northbound on and off-ramps; and,
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19 .WHEREAS, CalTrans has reported to the City of Petaluma that
20 traffic signal warrants are justified for said protected
21 left turns; and,
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23 tdHEREAS, CalTrans has requested that~the City of Petaluma
24 participate equally with the State of California on funding
25 the design and installation of said signal improvements;
26 and.,
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28 WHEREAS; CalTrans has submitted to the City of Petaluma a
29 draft Cooperative Agreement.
90-308
Res. Nu . .............................. N.C.S.
1
2 ATOW, THgRSFORS, B$ IT R$SOLVSD;.that the City of Petaluma
3 agrees to participate in 50 percent of the cost for design,
4 inspection and construction of a proposed traffic signal
5 modification at U.S. 101 northbound off-ramps and East
6 Washington Street, and the City authorizes the Mayor to
7 sign the final Cooperative Agreement.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (~ meeting "dorm ~"
on the .....~7~~7......... day of ..................Al].~ix;~~......................., 19...~Q by the ~~.. ~-, ..
following vote:
~ ity Attorney
AYES: Balshw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayo
Hilligoss /~
.NOES: ~
ABSENT: ~ ~ ~-
r
ATTEST : ............... .. .. ..........................-.......................
City Clerk ~~'~'~'T~ ~ el~~c~i File ................-----•---.......... Mayor
cn io-a5 Hes. No......9..0.-.3.0.8.... N.cs.
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4-SON-101-PM 4.76
4334-126721
pRAFT Dist, Agmt;; No, 4-128.9°C
Zj27/90 Document No. SON-49
R~1S/1es'1e
AGREEMENT
THIS AGREEMENT, ENTERED .INTO ON ~ , is
between the STATE OF CALIFO-RNIA, acting by and through its Dew
partment of Transportation, referred to herein. as "STAT,E", and
CITY OF PETALUMA,
. a ~'b.ody politic and a municipal
corporation o.f the State of
Californ'a,. referred to 'herein as
"CITY".
(1) STATE and CITY contemplate modifying a traffic..
control signals and safety lighting at the intersections of East
Washington Street and the northbound Route 10.1 onjoff ramps and
East WashingtonStreet and McDowell Boulevard, in Petaluma re-
ferred to Herein as ":PROJECT", and desire tospecify the terms
and. conditions under which ;PROJECT i.s to be engineered, con-
strueted, financed and maintained. .
~:%HI~dT A
DRAFT
S~ECTI;ObT I
Dist. Agmt. No. 4-128.9=C
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.
(;?) To construct PROJECT by contract in accordance
with plans and specifications of STATE.
(3) To pay an amount equal to 5Q percent of PROJECT
construction costs as shown on Exhibit A. In no event shall
STATE's total obligation for PROJECT construction costs under
this Agreement, excluding costs referred to in Section III, Arti-
cle (9), exceed the amount of $40,O~OO, 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 required in
Section. II,~Artcle (1) remaining after actual costs to be borne
by CITY have been deducted, or to bill CITY f_or any additional
amount required to complete CITY's financial obligation. pursuant
to this Agreement.
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DRAFT Dist. Agmt. No. 4-12.89-C
(5) To mai-ntain and operate the entire traffic control
signals and safety lighting as modified and pay 'an amount equal
to 50 percent of the total maintenance and operation costs, n-
cluding electrical energy. costs.
(6) To furnish the traffic signal control equipment
fo;r PROJECT. This equipment shall consist of signal controller
unit and signal con rol cabi-net. The estimated cost of this
equipment is $10,000 and this amount shall be deducted from the
STATE's share of the PROJECT 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 $TATE's bid advertising date of a construction contract
for PROJECT), the amount of $45,000, which figure represents
CITY's estimated share of the expense of preliminary engineering,
construction engineering and construction costs required to com-
plete PROJECT; as shown on Exhibit'A. CITY's total obligation
. for said anticipated PROJECT costs, exclusive of claims and.ex-
cluding costs referred to in Section III, Article (9), under this
Agreement, shall .not exceed the amount of $54,000; provided that
CITY may, at its sole discretion, in writing, authorize ~a greater
amount.
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DRAFT
Dist. Agmt. No. 4-1.289-C
(2) CITY's share of the construction cost (estimated
to be $33,000), shall be an amount equal to 50 percent of the
total actual signal and lighting related. construction costs, in-
cluding the cost of claims, the cost of STATE defense of any
claims ,and the cost of_ STATE-.furnish material, as determined af-
ter completion of. work and upon final accounting of costs.
(3) CITY's share of the expense of preliminary engi-
neering (estimated to be .$5,,500) shall be an amount equal to 17
percent. of CITY's share of the actual final construction cost.
(4) CITY's share of the expense of construction engi-
neering (estimated to be $6,500) shall be an amount .equal to 20
percent of CITY's share of the 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 and operation of said traffic control
signals and safety lighting., such share to be an amount equal to
50 percent of the total maintenance and operation costs, includ-
ing electrical energy costs.
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.~ DRAFT Dist. Agmt. No. 4-1?.89-C
SECTION ,III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) A1T obligations of STATE under the terms of this
Agreement are subject to the appropriation of resources. by the
Legislature and the alloca ion of resources by the California
Transportation Commission.
(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 PROJECT be financed with
Federal funds or State gas tax funds, all applicable procedures
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 prie,es. CITY's required de-
posit under Section II, Article (1) above will be inureased 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-
cafe a -cost overrun of no more than 20 percent of the estimate
will occur, STATE may-award the contract...
(6) If, upon opening o:f bids,:. it is found. that a cost
overrun exceeding 20 percent of tYe,estmate will occur, STATE
and CITY shall endeavor to agree upon an alternative. course of
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DRAFT
Dist. Agmt. No. 4-1?_89-C
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.
(8) Tf termination of this Agreement is by mutual con-
sent, STATE will. bear 50 percent and CITY.wil1 bear 50 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.
(9) If existi-ng 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 50 percent STATE and 50 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- 2O .days of receipt of bill-
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.~ ~ DRAFT Dist: Agmt. No. 4-12.89-C
ing;; CITY`=s share. of the estimated cost of s"aid protection, redo-
cation or removal, :engineering overhead' and inspection.
(i0) Upon completion of all work under this Agreement,
ownership and title to all 'signals-,.'materials, equipment and
appurtenances -ris'talled will automatically be vested in the STATE
and no further agreement will be necessary to transfer ownership
to STATE.
(11) The cost of any engineering or maintenance re-
ferred to.hereiri shall include all direct and indirect costs
(functiona-1 and administrative overhead assessment) attributable
to such work, applied in ac.cordanc°e with STATE's standard ac-
counting procedures:
('12) Neither STATE nor any o.ffcer.or employee thereof
s-hall 'be responsible for any damage ;or liability occurring by
reason of anything done or omit=ted 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 89'5.4, 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-
necton~ with any work, authority or jurisdiction delegated to
CITY under. 'this Agreement.
(13) Neither CITY nor any off"icer or employee thereof,
shall be responsib e for any damage or .liability occurring by
reason of anything done or omitted to be done by STATE under or
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• DRAFT Dist. Agmt. No. 4-1289-C
in connection with any work, authority or ,jurisdiction not deleg-
ated to CITY under this Agreement. It is also agreed that, pur-
suant to Government Code .Sec€on 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..
(14) That, in the construction of said work, STATE
will furnish a representative to perform-the. functions of a Resi-
dent Engineer, and CITY may, at no coat to STATE, furnish a rep-
resentative, 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.
(15) That this Agreement shall terminate upon com-
pletion and acceptance o'f the PROJECT construction contract by
STATE or on September 30, 1995, whichever is earlier in time;
however, the ownership, maintenance and operation clauses shall
remain in effect until terminated or modified, in writing, by mu-
tual agreement. Should any claim arising out of the .contract to
construct this project be asserted against STATE, CITY agrees to
extend the
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°~_ DRAFT Dist. Agmt. No. 4-1?.89-C
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 subsequen agreement to cover those eventualiti
STATE OF CALIFORNIA 1 CITY O~~PE A MA _ _ ~ _~
Department o.f Transportation
ROBERT K. BEST By /G ~
Director of Transportation ~-
By
Deputy District brector
~~.
~ ~CEDURE
_~
'on
~_~
CERTIFIED AS TO FUNDS AND PROCEDURE
District Accounting Officer
Attest:
City .Clerk
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~~ DRAFT Dist. Agmt. No. 4-1289-C ~
4-S'ON-10'.1-PM 4.76 ~
4352-126720
Dist. Agmt. No. 4-1289-C EXHIBIT A
COST ESTIMATE BREAKDOWN
STATE's CITY's
Description TOTAL Share Share
Electrical Work $ 50,000 $ 25,000 $ 25,000
(Includes Model 170
Controller)
(STATE 50°s CITY 5O o)
Traffic Control and
signing
(STATE 50o CITY 50 a) 5,000 2,500 2.,500
Sub-Total $ 55,000 $ 27,500 $ 27,500
Contingencies: 2.0~ +/- 11,000 5,500 5,500
Constr Cost Total- $ 66,000
(STATE 50~ CITY 50$)
Preliminary Engineering (17g)
Construction Enginee-ring (200)
$ 33,000 $ 33,000
i
* 5,500 f
* 6,500
Total CITY's Share $ 45,000
* 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 preval.over the dollar amounts derived
therefrom.
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