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Home My WebLink AboutCA DEPT TRANSPORTATION 16 - 2001 ~.}ll(.' , 12-0RA-55 KP 12.26/20.44 Dyer Road to Fairhaven Avenue N-2001 ~018 02- 015.001. TRAFFIC SIGNAL TIMING MODIFICATIONS & TRAFFIC CONTROL OFFICERS 12241-095611 District Agreement No. 12-431 COOPERATIVE AGREEMENT This AGREEMENT, ENTERED INTO ON march , , 2001, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITI OF SANTA ANA, a body politic and a municipal Corporation of the State of Califomia, referred to herein as "CITI". District Agreement Number 12-431 RECITALS 1. STATE and CI1Y, pursuant to Street and Highways Code Sections 94 and 114 are authorized to enter into a Cooperative Agreement to implement a Traffic Management Plan as part of a freeway construction project on Route 55 that will affect CI1Y streets, as required by the approved 'Traffic Management Plan (TMP] for Rehabilitation Project of State Route 55", dated December II, 2000. 2. STATE's impending highway improvements on SR-55 referred to herein as "PROJECT', will require modification and monitoring of traffic signal timing of the SR-55 on and off ramps and local CI1Y intersections and will require traffic control officers provided by the CI1Y until construction is complete. 3. STATE and CI1Y desire to enter into a Cooperative Agreement to provide funding for the signal timing modifications, referred herein as 'TRAFFIC SIGNAL TIMING MODIFICATIONS" and for police enforcement referred to herein as 'TRAFFIC CONTROL OFFICERS" for said PROJECT. 4. According to the Traffic Management Plan, the cost to support TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS to the CI1Y is estimated to be $3,750. SECTION I STATE AGREES: District Agreement Number 12-431 1. To pay CI1Y 100% of the actual cost of TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS covered under this Agreement not to exceed $3.750. 2. To pay CI1Y within 30 days of receipt of billing invoice for TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS. the amount of the invoice. and to continue making such deposits until the end of the TRAFFIC SIGNAL TIMING and TRAFFIC CONTROL OFFICERS services. SECTION II CI1Y AGREES: 1. To administer the contract to perform TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS for PROJECT. 2. To submit a signed itemized invoice within 60 days of completion of TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS. in triplicate. with specific details of all costs incurred. Invoice will meet format and content requirements specified by STATE. Invoice shall be submitted to the STATE representative for approval and forwarded to the appropriate STATE Accounting Office for payment. An additional copy of invoice shall be submitted to STATE Account Payable Office. 3. The estimated total cost of TRAFFIC SIGNAL TIMING MODIFICATIONS and to supply TRAFFIC CONTROL OFFICERS is $3.750 and such total cost shall not be exceeded unless additional funds are approved by STATE by written amendment to this Agreement. District Agreement Number 12-431 SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the Legislature. and the encumbrance of funds under this Agreement. 2. The total cost payable by STATE to CI1Y for TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS under this Agreement will be subject to audit verification as to all elements of costs and fees charged. Any STATE funds remaining on deposit with CI1Y shall be returned to STATE within 30 days after termination of the last TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS service. 3. CI1Y shall designate a CI1Y Project Coordinator and STATE shall designate a representative through whom all communications between the two agencies shall be channeled. 4. Nothing in the provision of this Agreement is intended to create duties or obligation 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 respecting the maintenance of State highways different from the standard of care imposed by law. District Agreement Number 12-431 understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 6. Neither STATE 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 CI1Y under or in connection with any work. authority or jurisdiction delegated to CI1Y under this Agreement. It is understood and agreed that. pursuant to Government Code Section 895.4. CI1Y shall fully defend. indemnify and save harmless STATE, 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 810.0) occurring by reason of anything done or omitted to be done by CI1Y under or in connection with any work authority or jurisdiction delegated to CI1Y under this Agreement. 7. Neither CI1Y 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 CI1Y, 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 810.0) 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. i. . District Agreement Number 12-431 8. STATE reserves the right to terminate this Agreement upon a thirty-(30) days-advanced written notice to CI1Y. At the time of termination. CI1Y will be paid for costs related to termination of any TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS. 9. This Agreement shall terminate upon completion of construction of TRAFFIC SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS service or on December 31. 2002. whichever is earlier in time. unless both parties agree to an extension of time in writing. . . District Agreement Number 12-431 JEFF MORALES Director of Transportation BY~ ity Manager City of Santa Ana Art", ~ a ~ 1cJ? C' Clerk ;j City of Santa Ana - o ... CI1 '"'" o ;.~ STATE OF CALIFORNIA Department of Transportation CITY OF SANTA ANA By: ~aMar ~ -fWK eth G. N~lson District Division Chief, Design APPROVED AS TO FORM AND PROCEDURE BY'~ Atto ey Dep ent of Transportation APPROVED AS TO FORM By Jr1j, ~L/L Ue?<>~ Attorney City of Santa Ana CE FlED AS TO FUNDS CERTIFIED AS TO FINANCIAL TERMS AND POLICIES nPY: ~~ ~~\ r Acco ling Administrator