HomeMy WebLinkAbout1994-162
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1 RESOLUTION NO. 94-162
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE
3 AGREEMENT BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING
BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO
4 THE INSTALLATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND
ROUTE 1-215 IC.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION ONE: The Mayor of the City of San Bernardino
8 is hereby authorized to execute, in behalf of said City, a
9 Cooperative Agreement (District Agreement No. 8--920), between
10 said City and the State of California, acting by and through
11 its Department of Transportation, relating to the installation
12 of traffic signals at University Parkway and Route 1-215 IC, a
13 copy of which is attached hereto marked Exhibit "A" and
14 incorporated herein by reference as fully as though set forth
15 at length herein.
16 SECTION TWO: The agreement shall not take effect until
17 fully signed and executed by all parties. The City shall not be
18 obligated hereunder unless and until the agreement is fully
19 executed and no oral agreement relating thereto shall be
20 implied or authorized.
21
SECTION THREE: The authorization to execute the above-
22 referenced agreement is rescinded if the parties to the
23 agreement fail to execute it within ninety (90) days of the
24 passage of this resolution.
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26 / / / /
27 / / / /
28 / / / /
6-08-94
RESO: AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR
UNIVERSITY PARKWAY AND 1-215.
94-162
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 20thday of June
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
regular
meeting thereof, held on the
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
X
x
x
X
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X
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X
x
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15
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r2 ~
Ra~ark, City Clerk
The foregoing resolution is hereby approved this 22nd___
June
, 1994.
day of
~'
l ffi~
om Minor, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By/J~~
c/
- 2 -
I..
94-162
9482
l
08-SBd-2l5-ll.6jll.8
Install Traffic Signals at
university Parkway IC
08204 - 319601
District Agreement No. 8-920
9482
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on q, is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF SAN BERNARDINO, a body
politic and a municipal corporation
of the State of California,
referred to herein as CITY.
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 desires State highway improvements, consisting of
installing traffic control signals and safety lighting,
including widening southbound ramps and other related
roadwork, to be constructed on Route 215 at university
Parkway IC, referred to herein as "PROJECT", and is willing
to fund 100% of all capital outlay and CITY staffing costs.
(3) In order to bring about the earliest possible completion of
PROJECT, STATE desires CITY to provide all construction
engineering services, advertise, award, administer, and
construct PROJECT, and STATE shall reimburse CITY for all
costs thereof.
1
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. 94-162
9482
District Agreement No. 8-920
SECTION I
CITY AGREES:
(1) To provide all necessary construction engineering services
for PROJECT and bear 0% of the actual expense thereof.
(2) To advertise, open and review bids, and award the PROJECT
construction contract.
(3) To construct PROJECT in accordance with plans and
specifications of STATE to the satisfaction of and subject
to the approval of STATE.
(4) To apply for necessary Encroachment Permits for required
work within State highway rights of way, in accordance with
STATE's standard permit procedures.
(5) PROJECT will be advertised, awarded, and administered in
accordance with STATE's current Local Programs Manual,
Volume II. Approval of PROJECT funding shall be assured
prior to advertising.
(6) Upon completion of PROJECT and all work incidental thereto,
to furnish STATE with a detailed statement of the total
engineering and construction costs to be borne by STATE,
including resolution of any construction related claims
which have been allowed to the construction contractor.
CITY thereafter shall refund to STATE (promptly after
completion of CITY's audit) any amount of STATE's deposit
required in section II, Article (4) remaining after actual
costs to be borne by STATE have been deducted, or to bill
STATE for any additional amount required to complete STATE's
financial obligation pursuant to this Agreement, subject to
the limitations of STATE's participation as stipulated in
said section II, Article (4).
(7) Upon completion of PROJECT, to furnish STATE a complete set
of full-sized film positive reproducible "As-Built" plans.
(8) To retain or cause to be retained for audit by STATE or
other government auditors for a period of three (3) years
from date of final payment, all records and accounts
relating to construction of PROJECT.
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94-162
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District Agreement No. 8-920
(9) To reimburse STATE annually for CITY's proportionate share
of the future 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 II
STATE AGREES:
(1) To prepare a "Project Report" justifying the need for
PROJECT, to prepare all necessary environmental evaluation
and clearance documents and to furnish copies of these
documents to CITY in a timely manner.
(2) To provide all necessary preliminary engineering, including
plans and specifications and utility identification and
location for PROJECT and bear one hundred percent (100%) of
the costs thereof.
(3) To furnish the signal poles and traffic signal control
equipment for PROJECT, including signal controller unit and
signal control cabinet.
(4) To deposit with CITY within twenty-five (25) days of receipt
of billing therefor (which billing will be forwarded fifteen
(15) days prior to CITY's bid advertising date of a
construction contract for PROJECT), the amount of $342,000,
which figure represents the estimated expense of
construction engineering (From 232 Contracting-Out Funds)
and construction costs required to complete PROJECT.
STATE's total obligation for said anticipated PROJECT costs
under this Agreement shall not exceed the amount of $45,000
for construction engineering and $345,000 for construction
costs, excluding costs referred to in section III, Article
(11) .
(5) To issue at no cost to CITY and CITY's contractor, upon
proper application by CITY and by CITY's contractor, the
necessary Encroachment Permits for required work within the
state highway right of way.
(6) To provide, at no cost to CITY, a qualified STATE
representative who shall have authority to accept or reject
work and materials or to order any actions needed for public
safety or the preservation of property and to assure
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94-162
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District Agreement No. 8-920
compliance with all provisions of the encroachment permit(s)
issued to CITY and contractor.
(7) To operate the traffic control signals as installed.
(8) To maintain the entire traffic control signals and safety
lighting as installed and pay an amount equal to 50% of the
future total maintenance costs, including electrical energy
costs.
(9) STATE's share of the construction cost (estimated to be
$300,000) shall be an amount equal to 100% of the total
actual signal and lighting related construction costs, plus
the actual roadwork construction costs, including the cost
of construction related claims and the cost of CITY defense
of any of those claims, as determined after completion of
work and upon final accounting of costs.
(10) STATE's share of the expense of construction engineering
shall be an amount equal to 100% of CITY's actual costs for
construction engineering for the entire PROJECT.
(11) To pay CITY upon completion of all work and within twenty
(20) 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 STATE's
financial obligation pursuant to this Agreement, provided
that STATE's total obligation does not exceed the amounts as
stipulated in Article (4) of this section II, excluding
costs referred to in section III, Article (11).
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) Should CITY award a contract for PROJECT prior to the
allocation of resources by the California Transportation
Commission, there is no guarantee of STATE's participation
and CITY shall assume all risks thereof.
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9482
District Agreement No. 8-920
(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) CITY shall obtain the STATE's Encroachment Permit through
the office of State District Permit Engineer and CITY's
application shall be accompanied by five (5) sets of reduced
construction plans of aforesaid STATE approved contract
plans. Receipt by CITY of the approved Encroachment Permit
shall constitute CITY authorization from STATE to proceed
with work to be performed by CITY or CITY representatives
within proposed STATE right of way or which affects STATE
facilities, pursuant to work covered by this Agreement.
CITY's authorization to proceed with said work shall be
contingent upon CITY's compliance with all provisions set
forth in this Agreement and said Encroachment Permit.
(5) CITY's construction contractor shall also be required to
obtain an Encroachment Permit from STATE prior to commencing
any work within STATE rights of way or which affects STATE
facilities. The application by CITY's contractor for said
Encroachment Permit shall be made through the office of
State District Permit Engineer and shall include proof said
contractor has acceptable payment and performance surety
bonds covering construction PROJECT.
(6) CITY shall not advertise for bids to construct PROJECT until
after an Encroachment Permit has been issued to CITY by
STATE, nor shall CITY award a contract to construct PROJECT
until after receipt of STATE's deposit required in section
II, Article (4) of this Agreement.
(7) After opening of bids for construction of PROJECT, STATE's
estimate of cost will be revised based on actual bid prices.
STATE's required deposit under section II, Article (4) of
the Agreement will be increased or decreased to match said
revised estimate. If deposit increase or decrease is less
than $1,000, no refund or demand for additional deposit will
be made until final accounting.
(8) After opening bids for construction of PROJECT, and if bids
indicate a cost overrun of no more than 15% of the estimate
will occur, CITY may award the contract.
(9) If, upon opening bids, it is found that a cost overrun
exceeding 15% of the estimate will occur, CITY and STATE
shall endeavor to agree upon an alternative course of
action. If, after thirty (30) days, an alternative course
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94-162
9482
District Agreement No. 8-920
of action is not agreed upon, this Agreement shall be deemed
to be terminated by mutual consent pursuant to Article (10)
of this section III.
(10) If termination of this Agreement is by mutual agreement,
each agency will bear costs it has incurred prior to
termination.
(11) If any 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 utilities for their
protection, relocation or removal in accordance with STATE
policy and procedure for those utilities located within the
limits of work providing for the improvement to the State
highway and in accordance with CITY policy for those
facilities located outside of the limits of work for the
State highway. Total costs of such protection, relocation
or removal shall be in accordance with STATE policy and
procedure. Any relocated or new facilities shall be
correctly shown and identified on the As-Built plans
referred to in section I, Article (7) of this Agreement.
(12) Upon completion of all work under this Agreement, ownership
and title to 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.
(13) The cost of any engineering or maintenance referred to
herein in this Agreement shall include all direct and
indirect costs (functional and administrative overhead
assessment) attributable to such work, applied in accordance
with STATE's standard accounting procedures.
(14) 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.
(15) Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reasons
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 also
6
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9482
District Agreement No. 8-920
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 of 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.
(16) 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
from all claims, suits or actions of every name, kind and
description brought for or on account of 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
delegated to STATE under this Agreement.
(17) In the construction of said work, CITY will furnish a
representative to perform the functions of a Resident
Engineer and STATE may, at no cost to CITY, furnish a
representative, if it so desires, to ensure conformance of
work to STATE's standards. Said representatives of CITY and
STATE will cooperate and consult with each other, but all
work within STATE's right of way shall be accomplished to
the satisfaction of STATE's representative.
7
94-162
9482
District Agreement No. 8-920
(18) Those portions of this Agreement pertaining to the
construction of PROJECT shall terminate upon completion and
acceptance of the construction contract for PROJECT by CITY
with concurrence of STATE, or on June 1, 1996, 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 CITY, STATE agrees to
extend the termination date of this Agreement and provide
additional funding as required to cover STATE's
proportionate share of costs or execute a subsequent
Agreement to cover those eventualities.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SAN BERNARDINO
JAMES W. VAN LOBEN SELS
Director of Transportation
.----7/ ~
By ,/ r'PL . :tt~
Mayor
~~L
KEN STEELE, District
By
Director
Attest: ~~..e.. ~
ci Clerk
APPROVED AS TO FORM AND PROCEDURE:
ortation
Approved as to form
and legal content:
Vv CERTIFIED AS TO FUNDS AND PROCEDURE:
JAMES F. PENMAN
City Attorney
Dis
F:!'
Ad inistrator
.~~
8
94-162
~ ," .
9482
District Agreement No. 8-920
EXHIBIT A
Estimate of Cost
Total Costs
CITY
Share
STATE
Share
CONSTRUCTION COSTS
Signals, Lighting,
and Roadwork
$ 300,000
$ 0
$ 300,000
ENGINEERING COSTS
Preliminary
Engineering
$ 24,000
$ 0
$ 24,000
Construction
Engineering *
$ 42,000
$ 0
$ 42,000
TOTALS: $ 366,000
$0-
$ 366,000
* will be financed using State 232 Contracting-Out funds
9