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HomeMy WebLinkAbout1999-129 ~ \ , 1 2 RESOLUTION NO. lQQQ 129 RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING 3 AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE CITY OF COLTON AND THE RIALTO UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF A 4 TRAFFIC SIGNAL AT THE INTERSECTION OF PEPPER AVENUE AND RANDALL AVENUE. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION L THAT THE MAYOR is authorized to execute the agreement with the 9 City of Colton and the Rialto Unified School District for the installation of a traffic signal at 10 11 12 the intersection of Pepper Avenue and Randall Avenue. A contract is entered into with said agencies for the total amount of $35,333.33, but such agreement shall be effective only upon being fully executed by all parties. The Mayor is hereby authorized and directed to execute 13 14 15 Exhibit A and incorporated herein by reference as fully as though set forth at length. said agreement on behalf of the City; a copy of the agreement and proposal is attached as SECTION 2. This agreement and any amendment or modifications thereto shall not 16 17 take effect or become operative until fully signed and executed by the parties and no party shall 18 19 20 21 22 23 be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of the resolution. 24 III 25 26 27 III 28 . ,1999-129 . 1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON AND THE RIALTO UNIFIED SCHOOL DISTRICT FOR 2 INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF PEPPER 3 A VENUE AND RANDALL AVENUE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 joint regular 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7thday 7 of Jun<;, 1999, by the following vote, to wit: 8 Council Members: 9 ESTRADA 10 LIEN 11 12 MCGINNIS 13 SCHNETZ 14 DEVLIN AYES NAYS ABSTAIN ABSENT x x ~ x x 15 ANDERSON 16 17 18 x MILLER x C~ ~. C:~/J,--- The foregoing ordinance is hereby approved this 91h day of June 19 20 21 22 23 24 Approved as to 25 form and legal content: ,1999. 26 JAMES F. PENMAN, 27 City Attorney 28 ~ 1 Pf.--.. /' i r 1999-129 Exhibit "A" AGREEMENT TO CONSTRUCT TRAFFIC SIGNAL Between THE CITY OF SAN BERNARDINO, THE CITY OF COLTON AND THE RIALTO UNIFIED SCHOOL DISTRICT AGREEMENT This Agreement is made and entered into this * day of ~ , 1999, by and between the CITY OF SAN BERNARDINO, herein re~ as "SAN BERNARDINO", the CITY OF COLTON, herein referred to as "COLTON" and the RIALTO UNIFIED SCHOOL DISTRICT, herein referred to as "DISTRICT". RECITALS 1) To improve the safety of Jehue Middle School students and community residents, SAN BERNARDINO and COLTON contemplate installing traffic control signals with safety lighting and a handicap ramp east of Jehue Middle School at the intersection of Pepper Avenue and Randall A venue, herein referred to as "PROJECT". 2) SAN BERNARDINO, COLTON and DISTRICT desire to specify the terms of participation in the costs to engineer and construct the PROJECT. SECTION I SAN BERNARDINO agrees: I) To provide all necessary preliminary engineering, including plans, specifications and utility identification and location and all necessary construction engineering services and to bear SAN BERNARDINO'S share of the expense thereof, as shown on Exhibit "A", Proiect Cost Estimate, to be amended following PROJECT final cost accounting; attached and made a part of this Agreement; 2) To be responsible to collect COLTON and DISTRICT'S share of the costs; 3) To pay an amount equal to 33-1/3% of the design, construction engineering and construction costs, as shown on Exhibit" A-I", Proiect Cost Estimate, to be amended following final cost accounting; but in no event shall SAN BERNARDINO'S share of the costs for design, construction and construction engineering required to complete PROJECT, exceed the amount of $35,333.33; provided that SAN BERNARDINO may, at its sole discretion, in writing, authorize a greater amount; ( 1999-129 4) Promptly upon completion of PROJECT and all work incidental thereto, to furnish COLTON and DISTRICT with a copy of SAN BERNARDINO'S report of completion containing a detailed statement of the total design, construction engineering and construction costs to be borne by COLTON and DISTRICT, including resolution of any construction-related claims which may have been filed by SAN BERNARDINO'S contractor; 5) To retain or cause to be retained for audit by COLTON or DISTRICT or other government auditors for a period of three (3) years from the date of [mal payment, all records and accounts relating to construction of the PROJECT. SECTION II COLTON agrees: I) To pay COLTON'S share of costs within 10 days of receipt of billing therefor, i.e. an amount equal to 33-1/3% of the design, construction engineering and construction costs. COLTON'S total obligation for said anticipated project costs exclusive of claims shall not exceed the amount of $35,333.33; provided that COLTON may, at its sole discretion, in writing, authorize a greater amount; 2) After opening of bids for the PROJECT, and if bids indicate that a cost overrun of no more than fifteen percent (15%) of the estimate will occur, SAN BERNARDINO may award the contract; 3) If, upon opening of the bids, it is found that a cost overrun exceeding fifteen percent (15%) of the estimate will occur, SAN BERNARDINO, COLTON and DISTRICT shall endeavor to agree upon an alternative course of action. If, after 30 days after bid opening, an alternative course of action is not agreed upon by all three parties, this Agreement shall be deemed to be terminated by mutual consent; 4) Prior to award of the construction contract for the PROJECT, and in sufficient time to allow SAN BERNARDINO to reject all construction bids therefor, COLTON may terminate this Agreement in writing, provided that COLTON pays SAN BERNARDINO for all costs incurred by SAN BERNARDINO under this Agreement prior to termination; 5) If termination of this Agreement is by mutual consent, COLTON will bear 33-1/3 % of all costs incurred prior to termination. : : 1999-129 SECTION III DISTRICT agrees: 1) To pay DISTRICT'S share of costs within 10 days of receipt of billing therefor, i.e. an amount equal to 33-1/3% of the design, construction engineering and construction costs. DISTRICT'S total obligation for said anticipated project costs exclusive of claims shall not exceed the amount of $35,333.33; provided that DISTRICT may, at its sole discretion, in writing, authorize a greater amount; 2) After opening of bids for the PROJECT, and if bids indicate that a cost overrun of no more than fifteen percent (15 %) of the estimate will occur, SAN BERNARDINO may award the contract; 3) If, upon opening of the bids, it is found that a cost overrun exceeding fifteen percent (15%) of the estimate will occur, SAN BERNARDINO, COLTON and DISTRICT shall endeavor to agree upon an alternative course of action. If, after 30 days after bid opening, an alternative course of action is not agreed upon by all three parties, this Agreement shall be deemed to be terminated by mutual consent; 4) Prior to award of the construction contract for the PROJECT, and in sufficient time to allow SAN BERNARDINO to reject all construction bids therefor, DISTRICT may terminate this Agreement in writing, provided that DISTRICT pays SAN BERNARDINO for all costs incurred by SAN BERNARDINO under this Agreement prior to termination; 5) If termination of this Agreement is by mutual consent, DISTRICT will bear 33-1/3 % of all costs incurred prior to termination. SECTION IV It is mutually agreed: 1) This Agreement will be construed and enforced under the laws of the State of California; 2) This Agreement may be executed in counter parts, each of which will be deemed to be an original for all purposes but all of which will constitute one in the same Agreement. 1999-'129 IN WITNESS WHEREOF, said parties have caused this instrument to be officially executed and attested by their duly constituted officers. :::::i~~;Dk~^TTFST A, ~~ h ' Rialto Unifie School District'tlerk of the Board APPROVED AS TO FORM: CITY OF COLTON ATTEST: 11: a :. ,.p ~~v...<--- City Clerk APPROVED: APPROVED AS TO FORM: ~{€t f ~/~ City Attorney, City of Colton ATTEST: _. IJ~ hel Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: . . .1999~1.29 EXIllBIT "A-I" PROJECT COST ESTIMATE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF. PEPPER A VENUE AND RANDALL AVENUE TOTAL DESCRIPTION COST SAN BERNARDINO COLTON DISTRICT Design, Construction & Construction Engineering $106,000 $35,333.33 $35,333.33 $35,333.33 1999-1'29 .\ IRENE M. NEWTON Superintendent BOARD OF EDUCATION 'Ih~er 0 Car:er r'{:liam G. Je~:..e Jann R. KazaJul'1a5. :<:.0 Denr.is W. Mo~ey e'cnaid D. vlmser DA'/ID CA?ELOU:O Ass:s:ant Suoerlntencem :3l,;slness Sen.-Ices EXHIBIT "B" RIALTO UNIFIED SCHOOL DISTRICT 182 Easr Wa:r:u: .J.ienUe Telephone (909) 820.7712 FAX 873.2489 Ria1to, California 92376.3598 " .:.: October 23. 1997 C;l}' of San Bernardino Traffic Engineering 300 North D Street San Bernardino, CA 92402 SL'BJECT: Vlillia."'n G. Jehue Middle Scheol . road im?rovemen~ &: traffic safety surrounding school site Construction is currently underway on the William G. Jehue ~liddle School located on Eucalyptus Avenue in Colton. The site is surrounded by Pepper Avenue to the east, Randall Avenue to the north. and Eucalyptus Avenue to the west Traffic on all three roadways. especially Pepper Avenue, is extremely heavy and will only increase when the new school opens in September, 1998. Due to constraints within the State School Building Program, the District will only be able to provide street improvements on Eucalyptus and Randall. Therefore, the followi.~g street improvements and safety issues need to be addressed: ::J Completion of street improvements at Pepper A venue ::J Installation of new signage and striping at Pepper A venue ::J Installation of traffic signals at Pepper A venue ::J Establish a crosswalk at Randall and Pepper and mid Randall between Pepper and Eucalyptus ::J Establish a crossing guard at the comer of Eucalyptus and Randall It is our understanding that the City of San Bernardino shares in the traffic circulation at the intersections of Randall and Pepper Avenues as this is the southern boundary for your city. The District is requesting that a meeting be held with all agencies involved and that a traffic smdy be conducted to alleviate the current safety conditions surrounding the school site. San Bernardino residents anending this school living northeast of Pepper A venue will be required to cross Pepper A"'cn;,;,~ en a daBy ba5is to attend the schooL It i$ i...llperath"~ that t;,~~ aoo\e noted issue:; ue: n::;vtvt;:u prior to the start of classes next fall. Any assistance you can provide to ensure that these improvements are7d would be greatly appreciated. . _. Smcerel). ..-'""'""\ / /' / /' //(Q:' - - ' Davig,~~~Jo~" '? Fa~i1hies Planner cc: Irene ~I Newton. Superintendent Dd,.id Capelouto. Assistalll SuperIntendenl. Bu,iness Services Jerry Vincent. Director of Facilities Planning + Youth: Our Most Valuable Resource + 1.999-129 / /' EXHIBIT "C" September 2, 1998 Mr. Gene Klatt Assistant Director of Public Works City of San Bemardino 300 N. D Street San Bemardino, CA. 92401 Dear Mr. Klatt: Thank you for your assistance and the City of San Bemardino's willingness to accept the role of lead agency in the proposed traffic signal and striping improvements at Pepper and Randall A venues. As I understand it there is to be an Agreement to Construct a Traffic Signal between the Rialto Unified School District, and the Cities of San Bemardino and Colton, which divides the funding responsibilities for this project equally between the three agencies. The Rialto Unified School District provided my office with an example of such an agreement that was developed for an earlier project that involved the District and the City of Rialto. Since the City of San Bemardino has assumed the role of lead agency for this project, it appears natural that San Bemardino should draft the aforementioned agreement to its satisfaction. For your convenience, I have provided you with the example provided to me by the Rialto Unified School District along with some preliminary comments from our City Attomey. Once drafted, please forward the agreement to my office so I can calendar it for our City Council's approval. Also, for your information the City of Colton will move forward with the design for the street improvements on the West Side of Pepper Avenue just south of Randall Avenue. As we preViously discussed, the City of Colton understands that the street improvements south of Randall Avenue do not involve the City of San Bemardino. Please feel free to contact me at (909) 370-5071, with any questions you have regarding this matter Daryl Parrish Assistant City Manager Attachment CC' Honorable Mayor ai"C .:"uncd Members :-'enry T. Garc:a, C~:' Vanager ~onn Hutton, PUblic Ncrxs Director Tm IMlson, Cory E~;:r~er (GTS & ASSOCiates) Jerry Vincer.t. RUS: =acrlitles Planning Director DaVid Stevenson, R'.S:J ~acli~ies Analyst COLJON _ I ;fce IrJ IfF .-, CITY COUNCIL I(~E.Gayla'l """" w..:.lillid3...,!.it:Is Distnctl JoMC Hutlon 0=ct2 KettJ Chastain District] SeltyL Co:liI. Utstnc14. Ma-pPro -:'"am Deirdre."I 6lmefl Oistricl5 James GnITtSby CMlt'C1o CITY MANAGER HenryTG~ ::'jlCC,,'j;n ~n:.AC"\CENA:<,'.: ::)L,ON. :.J.L;FCl<r",:. ~:::;::~ ~;r.r;;) JiO-5l,"W <:> , , 1999-129 EXHIBIT "D" INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF PEPPERAVENUE AND RANDALLAVENUE ~t~oz ~I ~l" ~I' A vi 0J 1lJj)i 6 W ! I RIAL TO i!j ii, '29"ih 270: " " ~ I ~lg&] ~'I .,'~!., ~ rl" :> =<~~ ?<~i '~.~, ~~,. ~i i>, \ <C ~ 1'- " " ,<: lJj.J Vl' Sf lWCPl~5';' LWf . I _ ....~_~ w ATCHr~ BONNIE VIEW DR ...~ I lX i'" ~co 51 ;~':I'j: ~('_. E: ;::;"vr ST WILS~ ST~ ~ It '. ':ti't:~J- .~'~' ~ ~j~~;o. ~t;; QUTli 'j: :: !i' ~Iol ....l":fPLAA ~; >c; = A.V I I LJ I I~ ::.~.. j_!~ ~I' \It ; ;;0: i:oI;~! iii l\A'l(II.~": '";. ~ <:~ I .. 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