CC - Item 4E - Cooperative Agreement Between the City of Rosemead and Caltrans for the Mission Drive and Rosemead Boulevard Traffic Signal Modification Project S E_ M F
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TO: HONORABLE MAYOR
. AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANA9E17.4i...-7
DATE: APRIL 1, 1997
RE: COOPERATIVE AGREEMENT BETWEEN THE CITY OF
ROSEMEAD AND CALTRANS FOR THE MISSION DRIVE
AND ROSEMEAD BOULEVARD TRAFFIC SIGNAL
MODIFICATION PROJECT
Attached for the City Council's consideration is a cooperative agreement between the City
of Rosemead and Caltrans for the subject project. The traffic signal modification project
includes the installation of protected left turn phasing on both eastbound and westbound
Mission Drive, new conduits and conductors, and upgrades to comply with Federal
Standards.
The agreement specifies the terms and conditions under which the project will be
engineered, constructed, financed, and maintained. Under the terms of the agreement,
Caltrans will prepare the plans and specifications and provide the contract administration
and inspection services for the project. The maintenance of the traffic signal after
construction will be provided by Caltrans, the cost of which will be shared between both
agencies.
The City's share of the total cost of the project is estimated to be $71,982.00, which
includes design, construction, contract administration, and inspection services. As stated
in the agreement, if after opening of the construction bids a cost increase exceeding 10%
is anticipated, Caltrans is required to consult with the City prior to awarding the contract.
COUNCIL AGENDA
APR 0.81997
ITEM 'C�__;
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April 1, 1997
Page 2
RECOMMENDATION
It is recommended that the City Council approve the attached agreement between the City
of Rosemead and Caltrans for the Mission Drive and Rosemead Boulevard Traffic Signal
Modification Project.
Attachment
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District Agreement No. 07-4352
7-LA-164 KP10. 3835 P.M. 6. 452
Rosemead Boulevard at
Mission Drive
07351 4M1601
District Agreement No. 07-4352
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COOPERATIVE AGREEMENT
This AGREEMENT, entered into on , 1996, is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and .
CITY OF ROSEMEAD, a body
politic and a municipal
corporation of the State of
• California, referred to herein
as CITY.
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District Agreement No. 07-4352
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways
Code Sections 114 and 130, are authorized to enter into a
Cooperative Agreement for improvements to State highways
within CITY.
(2) STATE and CITY contemplate modifying traffic control
signal to provide left-turn phasing and performing roadwork on
Route 164 (Rosemead Boulevard) at Mission Drive referred to
herein as "PROJECT", and desire to specify the terms and
conditions under which PROJECT is to be engineered, constructed,
financed, operated and maintained.
SECTION I
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STATE AGREES:
(1) To provide all necessary preliminary engineering,
including plans and specifications, and utility identification
and location, and all necessary construction engineering
services for PROJECT and bear STATE' s share of the expense
thereof. Estimates of such costs are shown on Exhibit A,
attached and made a part of this Agreement.
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District Agreement No. 07-4352
(2) To submit to CITY for review the final plans,
specifications and estimate prior to project advertisement for
bids .
(3) To construct PROJECT by contract in accordance
with plans and specifications of STATE.
(4) To pay an amount equal to 50% of the actual
construction costs related to the installation of left-turn
phasing and STATE' s 50o share of the actual roadwork construction
cost, estimated to be $55, 800. In no event shall STATE' s total
obligation for construction costs under this Agreement, excluding
costs referred to in Section III, Article (9) , exceed the amount
of $61, 380; provided that STATE may, at its sole discretion, in
writing, authorize a greater amount.
(5) Upon completion of PROJECT and all work incidental
thereto, to furnish CITY with a detailed statement of the total
engineering and construction costs to be borne by CITY, including
resolution of any construction related claims which have been
allowed to the construction contractor. STATE thereafter shall
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District Agreement No. 07-4352
refund to CITY promptly after completion of STATE' s final
accounting of PROJECT cost, any amount of CITY' s deposit required
in Section II, Article (1) remaining after actual costs to be
borne by CITY have been deducted, or to bill CITY for any
additional amount required to complete CITY' s financial
obligations pursuant to this Agreement.
(6) To maintain the entire traffic control signal as
installed and pay an amount equal to 50% of the total maintenance
costs, including electrical energy costs .
(7) To operate the traffic control signal as installed and
pay one hundred percent (100%) of the operation cost.
SECTION II
CITY AGREES:
(1) To deposit with STATE within 25 days of receipt
of billing therefor (which billing will be forwarded 15 days
prior to STATE' S bid advertising date of a construction contract
for PROJECT) , the amount of $71, 982, which figure represents
CITY'-s estimated share of the expense of preliminary engineering,
construction engineering, and construction costs required to
complete PROJECT, as shown on Exhibit A. CITY' s total obligation
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District Agreement No. 07-4352
of said anticipated PROJECT costs, exclusive of claims and .
excluding costs referred to in Section III, Article (9) of this
Agreement, shall not exceed the amount of $77, 562, provided that
CITY may, at its sole discretion, in writing, authorize a greater
amount.
(2) CITY' s share of the construction cost (estimated
to be $55, 800) shall be an amount equal to 50% of the total
actual cost of the left-turn phase construction plus CITY' S 50%
share of the actual roadwork construction cost, and the cost of
STATE-furnished material, if any, as determined after completion
of work and upon final accounting of costs .
(3) CI.TY' s share of the expense of preliminary
engineering shall be an amount equal to 50% of STATE' s actual
costs for preliminary engineering for the entire PROJECT.
(4) CITY' s share of the expense of construction engineering
shall be an amount equal to 50% of STATE' s actual costs for
construction engineering for the entire PROJECT.
(5) To pay STATE upon completion of all work and within
thirty-five (35) 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 .
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District Agreement No . 07-4352
(6) To reimburse STATE for CITY' s proportionate share of
the cost of maintenance of traffic control signal and safety
lighting, such share to be an amount equal to 50% of the total
maintenance costs, including electrical energy costs .
SECTION III
IT IS MUTUALLY AGREED:
(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.
(2) STATE shall not award a contract to construct PROJECT
until after receipt of CITY' s deposit required in Section II,
Article (1) of this Agreement.
(3) Should any portion of PROJECT be financed with Federal
funds or STATE gas tax funds, all applicable laws, regulations
and policies relating to the use of such funds shall apply,
notwithstanding other provisions of this Agreement .
(4) After opening of bids for construction of
PROJECT, the estimate of CITY' s cost will be revised based on
actual bid prices . CITY' s required deposit under Section II,
Article (1) will be increased or decreased to match said revised
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District Agreement No. 07-4352
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 of construction of PROJECT,
and if bids indicate a cost overrun of no more than 10% of the
estimate will occur, STATE may award the contract.
(6) If upon opening of bids, it is found that a cost
overrun exceeding 10o of the estimate will occur, STATE and CITY
shall endeavor to agree upon an alternative course of action.
If, after twenty-five (25) 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 CITY pays STATE for all PROJECT-related costs incurred
by STATE prior to termination.
(8) If termination of this Agreement is by mutual consent,
STATE will bear 50o and CITY will bear 50% of all PROJECT-related
costs incurred by STATE prior to termination, except that any
utility relocation costs shall be prorated in accordance with
STATE' s/CITY' s responsibility for utility relocation costs .
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District Agreement No . 07-4352
(9) If existing public and/or private utility •
facilities conflict with PROJECT construction or violate
STATE' s encroachment policy, STATE shall make all necessary
arrangements with the owners of such facilities for their
protection, relocation or removal . STATE shall inspect the
protection, relocation or removal . If there are costs of such
protection, relocation or removal which STATE and CITY must
legally pay, STATE and CITY shall share in the cost of said
protection, relocation or removal, plus cost of engineering
overhead and inspection, in the amount of 50o STATE and 50%
CITY. If any protection, relocation, or removal of utilities is
required, such work shall be performed in accordance with STATE' s
policy and procedure for those facilities located within the
limits of work providing for improvement to the State highway and
in accordance with CITY' s policy for those facilities outside of
the limits of work providing for the improvement to the State
highway.
(10) Upon completion of all work under this Agreement,
ownership and title to all materials, equipment and appurtenances
installed within STATE' s right of way will automatically be
vested in STATE and materials, equipment and appurtenances
installed outside of STATE' s right of way will automatically be
vested in CITY. No further agreement will be necessary to
transfer ownership as hereinabove stated.
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District Agreement No. 07-4352
(11) The cost of any engineering or maintenance referred to
herein this Agreement shall include all direct and indirect
(functional and administrative overhead assessment) attributable
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to such work, applied in accordance with STATE' s standard
accounting procedures .
(12) Nothing in the provisions of this Agreement 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 Agreement by imposing any
standard of care with respect to the maintenance of State
highways different from the standard of care imposed by law.
(13) Neither STATE not any officer or employee thereof is
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 understood and agreed that,
pursuant to Government Code Section 895. 4, CITY shall fully
defend, indemnify and save harmless the State of California, all
officers and employees from all claims, suits or actions of every
name, kind and description brought for or on account or injury
(as defined in 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 .
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District Agreement No. 07-4352
(14) 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 delegated to .
STATE under this Agreement. It is understood and agreed that,
pursuant to Government Code Section 895 . 4, STATE shall fully
defend, indemnify and save harmless CITY, all officers and
employees from all claims, suits or actions of every name, kind
and description brought for or on account of injury (as defined
in 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 delegated to STATE under this
Agreement.
• (15) In the construction of said work, STATE will
furnish a representative to perform the functions of a Resident
Engineer, and CITY may, at no cost to STATE, furnish a
representative, if it so desires, to ensure conformance of work
to STATE' s standards . Said representative and Resident Engineer
will cooperate and consult with each other, but the decisions of
STATE' s Resident Engineer shall prevail .
(16) Execution of this Agreement by CITY grants to STATE
the right to enter upon CITY owned lands to construct
PROJECT.
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District Agreement No . 07-4352
(17) Those portions of this Agreement pertaining to the
construction of . PROJECT shall terminate upon completion and
acceptance of the construction contract for PROJECT by STATE, or
on, July 1, 2002, whichever is earlier in time; however, the
ownership, operation, maintenance, liability and claims clauses
shall remain in effect until terminated or modified in writing by
mutual agreement. Should any construction-related claim arising
out of PROJECT be asserted against STATE, CITY agrees to extend
the termination date of this Agreement and provide additional
funding as required to cover CITY' s proportion share of PROJECT
costs or execute a subsequent Agreement to cover those
eventualities .
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District Agreement No. 07-4352
STATE OF CALIFORNIA CITY OF ROSEMEAD
Department of Transportation
JAMES W. VAN LOBEN SELS By:
Director of Transportation JOE VASQUEZ
Mayor
By: Attest:
BRENT FELKER NANCY VALDERRAMA
District Director City Clerk
Approved as to form and procedure: Approved as to form:
By: By:
Attorney City Attorney
Department of Transportation
Certified as to funds :
District Budget Manager
Approved as to procedure
Accounting Administrator
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District Agreement No. 07-4352
EXHIBIT A
ESTIMATE OF COST
STATE CITY TOTAL
DESCRIPTION SHARE SHARE ESTIMATE
Construction Costs
Electrical • $42,500 $42,500 $ 85,000
Signing and Delineation $ 1,000 $ 1,000 $2,000
Roadwork(includes traffic control) $3,000 $3,000 $ 6,000
Subtotal $46,500 $46,500 $ 93,000
Contingency(20%) $ 9,300 $ 9,300 $18,600
Construction Subtotal $55,800 $55,800 $111,600
Engineering Costs
Preliminary Engineering
Non-labor (1.80%)* $1,004 $1,004 $2,008
Labor (7.50%)* $4,185 $4,185 $8,370
Overhead (3.70%)* $2,065 $2,065 $4,130
Subtotal $7,254 $7,254 $14,508
Construction Engineering
Non-labor (3.60%)* $2,009 $2,009 $4,018
Labor (8.30% )* $4,631 $4,631 $9,262
• Overhead (4.1 0%)* $2,288 $2,288 $4,576
Subtotal $8,928 $8,928 $17,856
Engineering Subtotal $16,182 $16,182 $32,364
(Preliminary and Construction)
Total Costs $71,982 $71,982 $143,964
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* Percentage of Total Construction Costs