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CONTRACT 1480 OtherIa KO 07-Lid-1 25.8 07351 - 904062 Sepulveda Boulevard At Walnut Avenue T-4361 District Agreement No. 3317 THIS AGREEMENT# MADE AND ENTERED INTO THIS DAY OF 19 BY AND BETWEEN CITY OF EL SEGUNDO, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY'' STATE OF CALIFORNIA# acting by and through its Business and Transportation ,Agency, Department of Transportation, hereinafter referred to as "STATES` WHEREAS, STATE and CITY contemplate installation of traffic control signal system and safety lighting at the intersection of Walnut Avenue with State highway Route 1 (Sepulveda Boulevard), all of which is situated within the City of El Segundo, and desire to specify herein the terms and conditions under which said system is to be installed, financed and maintained. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows$ SECTION I STATE AGREES: (1) To install the traffic control signal system and safety lighting hereinbefore mentioned, through construc- tion by contract with a construction contractor licensed by the State of California, said contract to be carried -out in accordance with provisions of the State Contract Act. Chapter 3, Part 5, Division 3, Title 2 of the Government Code, and work completed in conformity with plans and specifications of STATE. (2) To bear the entire expense of preparation of plans and specifications, and advertising. -2- control signal To deposit with STATE within 30 days of of billing therefor (which billing will be forwarded immedi- ately following State's bid advertising date of a construction contract for the aforesaid installation),, the amount of $500000# which figure represents CITY'S estimated share of construction engineering costs and construction costs required to complete the installation referred to herein. The actual amountof CITY'Sshareof construction engineering costs(including all direct!indirectf ((functional and administrative attributable to such worka, and construction costs will be determined after completion of work and a financial settlement made upon final accounting of costs. RreimbSTATE ursefor proportionatz sham ofthe costo maintenanceIt operation safetycontrol signal system and lightingv such share to be tetermined the mannerprovided that Agreement Maintenance of State highways within the CITY which is in effect at the time said costs are - • or if no such agreement exists# such share to be a sum bearing the same proportion to the total cost of maintenance and operation of said traffic control signal system and safety lighting the numberof e • .. of highways!!jurisdictionbV intersection.f the CITY bears to the total number of legs of highway at such It is mutually understood and agreedt obligations ofunderterms of Agreement are subject to the allocation of funds by the California Highway Commission. ,,2) That neither STATE nor anyofficer or fib # thereof shall be • *' r damage or occurring by reason of anything done or omitted to be done bCITY underor •'r y •:'.' wn with any workv authorityor jurisdiction delegated to CITY under this Agreement, It is alsounderstoodand agreedthats,pursuant toGoverment•• Section 895.4 CITY shall fully indemnify and hold STATE harmless •9, any liabilityaA•r s defined ME M: Government • de Section • s occurring anything •' done or omitted be ! ! by 1 f A r in connection with any work# authority or jurisdiction delegated to CITY under n Agreement, (3) That neither CITY nor any officer or employee thereofv 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 workv authority or jurisdictiox, not delegated to CITY under this Agreement* It in also understood and 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,S) occurring by reason of anything done or omitted to be a • e l... STATE underor 1 connection with any workv authority or jurisdiction.not delegated to CITY under this Agreement. • • R () That, should any portion of the 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. IN WITNESS ,,O,- partiesY have caused this Agreement to be executed by their respective officersp 5;M duly authorized# the provisions of which Agreement arri� effective as of the days,month and year first hereinabove STATE OF CALIFORNIA CITY OF EL SEGUNDO Department of Transportation BY SIDNEY C MC CAUSLANb or'; Director of Transportation ATTEST. D Cify Merk (SEA L) APPR(Wtb AS To _-CITY Al"'7"tlq#q''Y'._, -6- CERTIFIED COPY OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTED AT AN ADJOURNED REGULAR MEETING OF SAID BODY HELD ON THE 1ST DAY OF MARCH, 1976. "RESOLVED, that that certain form of Agreement between the City of El Segundo and the State of California for certain services in connection with a traffic signal system, presented to this Council on this date, be and the same is hereby approved, and after execution by each of the above -named parties, a copy of said Agree- ment be placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the Mayor pro tempore of said City be and he is hereby authorized to execute said Agreement for and on behalf of said City and the City Clerk to attest the same. " . STATE OF CALIFORNIA ) SS COUNTY OF LOS ANGELES ) I, Valerie A. Burrowes, City Clem: oaf the City of El- Segundo, California, do hereby certify that the foregoing resolution was adopted at the adjourned regular meeting of the City Council of said City on the 1st day of March, 1976, and that as of this date, said resolution has not in any way been amended or repealed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of the City of E1 Segundo, California, this 5th day of March, 1976. City clerk onhei-ty of E1 Segundo, California 07-LA-1 25.8 Sepulveda Boulevard At Walnut Avenue THIS 4/0111111/ DAY OF BY AND BETWEEN UM CITY OF D: a body politicand a municipal corporation of the of referredCalifornial, hereinafter to STATE OF CALIFORNIAj, acting by and.through Business MTransportation Agencyo Departx,,ientof Transportation, hereinafter referred to as "STATEN No, d by on ' r providing fo lightingthe installation of traffic control signal system and safety at the intersection Highway Route 1 (Sepulveda Boulevard),, and WHEREAS, Agreement No, 3317 did not provide that CITY'would pay N 0 % ofthe costs1constructions d • tion and construction engineeringcosts be paid for by construed as changing any provision of Agreement No. 3317v IN WITNESS WHEREOP6, the parties hereto have causep"r written.this Agreement to be executed by their respective officers# duly authorizedr the provisions of which Agreement are effective as of the day# month and year first hereinabove STATE OF CALIFORNIA CITY OF EL SEGUNDO Department of Transportation By Mayor Valerie A. Burrowes city ,Ierk - CERTIFIED COPY OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTED AT A REGULAR MEETING OF SAID BODY HELD ON THE 15TH DAY OF JUNE, 1976. "RESOLVED, that that certain form of Agreement between the City of E1 Segundo and the State of California for a traffic signal system at Sepulveda Boulevard and Walnut Avenue, presented to this Council on this date, be and the same is hereby approved, and after execution by each of the above -named parties, a copy of said Agree- ment be placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the Mayor of said City be and he is hereby authorized to execute said Agreement for and on behalf of said City and the City Clerk to attest the same. " STATE OF CALIFORNIA ) SS COUNTY OF LOS ANGELES) I, Valerie A. Burrowes, City Clerk of the City of Ei Segundo, California, do hereby certify that the foregoing resolution was adopted at the regular meeting of the City Council of said City on the 15th day of June, 1976, and that as of this date, said resolution has not in any way been amended or repealed. IN WITNESS WHEREOF, I have :hereunto subscribed my name and affixed the official seal of the City of El Segundo, C-alifornia, this 21st day of June, 1976.. ..it�Clerk of the amity of E1 Segundo, California (SEAL)