HomeMy WebLinkAboutRESO 5769• • ORIGINAL
RESOLUTION NO. 5769
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AUTHORIZING THE FILING OF AN APPLICATION WITH THE
METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCA-
TION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR
FISCAL YEAR 1979-80
WHEREAS, the Transportation Development Act of 1971 provides for
the disbursement of funds from the Local Transportation Fund of the
County of Santa Clara for use by eligible claima~ts for the p~rpose
of providing pedestrian and bicycle facilities; and
WHEREAS, pursuant to the rules and regulations that have been
adopted by the Secretary of the Business and Transoortation Agency of
the State of California in accordance with the provisions of the
aforementioned legislation, as an eligible claimant wishing to re-
ceive ~n allocation from the Local Transportation Fund, Palo Alto did
file an application with the Metropolitan Transportation Commission
for said funds; and
WHEREAS, the Metropolitan Transportation Conunission has approved
Palo Alto's TDA Claim for fiscal year 1979-80 for $97,000 for construc-
tion of a two-way bicycle path project along Arastradero Road; and,
WHEREAS, this project is in accordance with policJ to promote
bicycle use contained in the Palo Alto Comprehensive Plan.
NOW, 'rHEREFQRE, the Council of the City of Palo Alto does RESOLVE
as follows:
SECTION 1. The Council hereby approves, and authorizes the City
Manager or his appointee to execute and file for allocation of funds
against this claim pursuant to the terms of the Transportation
Development Act of 1971, as aniended, and pursuant to applicable rules
and regulations promulgated thereunder, together with all necessary
supporting documents, with the Metropolitan Transportation Commission,
for fiscal year 1979-80 Transportation Development Act moneys.
SECTION 2. The City Clerk is hereby directed to transmit a copy
of this resolution to the Metropolitan Transportation Commission; and
the Metropolitan Transportation commission be requested to concur in
these findings and grant the allocation of funds as specified herein.
SECTION 3. The Council finds that the adoption of this resolution
does not constitute a project as defined by the California Environmental
Quality Act.
U~l'RODUCED AND PASSED: Febl'Uart 49 1980
AYE3 t arennar, £,yarly, Fazztno, fletcher, Hende.rs'On, Levy, Renze1
NOES: None
ABSENT: None
ABSTENTIONS: Not p•rticipatt.ng -Sher, Wttharspoon
APPROVED:
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AGlmEMEWr
• 04-SCl-82 PM 22.8/22.9
04220 -403231
Dist. Agmt. No. 4-0771-C
Document No. SCl-43-----
THIS AGREEMENT, ENTERED INTO ON~~~~~---~~~-' 1980,
IS BE'l'WEEN
AND
CITY OF PALO Af_,TO,
~ a body politic and a municipal
corporation of the State of
California, referred to
herein as flCITYK
STATE OF CALIFOfu~IA,
acting by and through its
Department of Transportation,
referred to herein as "STATE".
RECITALS
(1) STATE and CITY contemplate L:lstalling traffic
control signal system, safety lighting and cnannelization at the
intersection of State Highway Route 82 (El Camino Real) with
Maybell Avenue and El Camino .way, in Palo Alto, referred to herein
as "PROJECT".
preliminary engineering, constructiJn engineering and the portion
of the construction cost not borne by CI~.
(4) This Agreement sets forth the terms and
car.di tions under which the PROJECT is to be installed, financed
and maintaifled.
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SECTION I
STATE AGREES:
(1) To provide plans and specifications and all
necessary construction engineering services for the PROJECT, all
at STATE's sole expense~
(2) To construct the PROJECT by contract in
accordance with plans and specifications of STATE.
(3) To furnish and install, by STATE 1 s forces and
at STATEts sole expense, all the traffic striping, pavement
marking and traffic signa (except for mi\st arm mounted signs)
that are required for the PROJECT. Mas~ arm mounted signs shall
be furnished by STATE but shall be installed. by STATE'S contractor
as part of the electrical wox.k.
(4) To pay all construction costs of PROJECT
which exceed $87,0001 but in no event shall STATE's total
obligation for construction cost under this Agreement exceed the
amount of $50,000~ provided that STATE may, in its sol~ discretio
in writing, authorize a greater amount.
(5) If, after comp1~ion ef "WOrk and final
accounting of costs, it is found that the construction cost is
less th~~ $87,000, STATE shall refund the remainder to CITY.
(6) To maintain and operate the entire traffic
control signal system and safety lighting as installed and pay
an amount equal to 50 percent of the total maintenance and
operation costs.
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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 lump sum amount of
$87,000, which figure represents CITY's total participation
towards the construction cost of the PROJECT. In no event shall
CITYes total obligation for construction cost undeL this
Agreement exceed the amount of $87,000,
(2) To reimburse STATE for CITY's proportionate
share of the cost of maintenance and operation of said traffic
control signal system and safety lighting, such share to be an
amount equal to 50 percen~ of the total maintenance and operation
cost ..
( 3) The cons·truction cost referred to herein
shall include the cost of STATE-furnished traffic control
equipment and the cost of all other STATE-furnished materials,
if any ..
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
{l) All obligations of STATE under the terms of
this Agreement are subject to the allocation of resources by the
Legislature and the California Transportation Commission.
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(2) STATE shall not award a contract for the
work nntil after receipt of CITY 1 s deposit required in
Section II(l).
(3) Neither STATE nor any officer or employee ,.
thereof shall be responsible for any damage or 'liability
occurring by reason ~f anything done or omitted to be done by
CITY under or in connec~ion with any work, authority o~
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 omi.tted to be done by
CITY under or in connection with any work, author~ty or
jurisdiction delegated to CITY under this Agreement.
(4) 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 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
delegated to CITY under this Agreement.
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(5) Should any portion of the PROJECT b~ 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.
(6) Thi cost of any engineering or maintenance
referred to herein shall include all direct and indiFect costs
(functional and administrative overhead assessment) attributable
to such work, applied in accordance with STATE's standard
accounting procedures.
(7) P~lor to advertising for bids for the
PROJECT, CITY may terminate this Agreement in writing, provided
that CITY pdys STATE for all costs incurred by STATE.
(8) In the construction of said work, STATE will
furnish a representative to perform lbe usual functions of a
Resident Engineer, and CITY may, at no cost to STATE, furnish a
represent~tive, if it so desires; said representative and
Resident Engineer will cooperate and consult with each other, but
the decisions of STATE's engineer shall prevail.
(9) The execution of this Agreement by CITY grants
Lo STATE the right to enter CITY-owned lands to construct the
PROJECT referred to herein.
(10) Upon completion of all work under this
Agreement, ownership and title to all materials, equipment and
appurtenances installed will be vested in the STATE and no
further Agreement will be necessary to transfer ownership to the
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STATE. -,
(11} If existing public and private utilities
conflict with the construction of the PROJECT, STATE will make
all necessary arrangements with the owners of such utilities for
their removal or relocation. STATE 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 owners of the utilitiesv STATE will bear the cost of any
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removal or relocation.
( 12) CITY is hereby designat~d as the Lead Agency
for PROJECT: and STATE is hereby designated as the Responsible
Agency for PROJECT~
STATE OF CALIFORNIA
Department of Transportation
ADRIANA GIANTURCO
Director of Transportation
Transportation District 4
T. R. LAMMERS
District Director
By~~...,._---,,,,,,_~_.._,....--=...-~-,-Depu ty District Director
CITY OF PALO ALTO
By ~ikrJ~,
Attest:d;J~
APPROVED AS TO FORM
7-:r~EDIJRE1 1 ~l.~ OtfAttorne
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