HomeMy WebLinkAbout1993-088
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RESOLUTION NO.
93-88
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
3 DEPARTMENT OF TRANSPORTATION RELATING TO THE INSTALLATION OF
TRAFFIC SIGNALS AT INTERSTATE ROUTE I-2l5 AND ORANGE SHOW
4 ROAD/AUTO PLAZA DRIVE; AND RESCINDING RESOLUTION NO. 91-222.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
hereby
authorized
and
directed
to execute,
on behalf of said
City, a Cooperative Agreement with the State of California
Department of Transportation relating to the installation of
traffic signals at Interstate Route I-2l5 and Orange Show
Road/Auto Plaza Drive, a copy of which agreement is attached
hereto, marked Exhibit n An and incorporated herein by reference
as fully as though set forth at length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
SECTION 4. Resolution No. 91-222 is hereby rescinded.
RES 93-88
,
RESO': AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT WITH STATE
'OF CALH'ORNIA RELATING TO TRAFFIC SIGNALS ON ROUTE I-215
AND ORANGE SHOW ROAD/AUTO PLAZA DRIVE.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and
Common Council of the
Ci ty of San
Bernardino at a
reqular
meeting thereof,
held on the
5th day of
April
, 1993, by the following vote, to-wit:
5 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
6 ESTRADA
x
7 REILLY
x
8 HERNANDEZ
x
9 MAUDSLEY
x
10 MINOR
x
11 POPE-LUDLAN
x
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12 MILLER
x
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~~r~Clerk
The foregoing resolution is hereby approved this l ~,
day of
April
, 1993.
Holcomb, Mayor
19 of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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08-SBd-215-5.02
08204 - 321201
1-215 and Orange Show Road
District Agreement
No. 8-824
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on ~~(~, /99~ , is between
the STATE OF CALIFORNIA, acting by 'a d 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 and CITY contemplate installing traffic control
signals and safety lighting and performing roadwork on Route
215 at the Orange Show Road ramp terminals referred to
herein as "PROJECT", and desire to specify the terms and
conditions under which PROJECT is to be engineered,
constructed, financed, operated and maintained.
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(3) It is anticipated that Federal-aid funds will be allocated
for financing 100% of the PROJECT costs which are eligible
for Federal-aid participation and STATE and CITY will bear
the remainder of the costs as set forth herein.
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RES 93-88
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District Agreement No. 8-824
SECTION I
CITY AGREES:
(1) To provide all necessary preliminary engineering, including
plans and specifications and utility identification and
location, and all necessary construction engineering
services for PROJECT and bear CITY's share of the expense
thereof, as shown on Exhibit A, attached and made a part of
this Agreement.
(2) If a consultant is used to prepare plans and specifications
and administer a construction contract for PROJECT, to
follow the Consultant Selection Procedures for Federally-
funded Highway Projects specified in Volume I, section II of
STATE's current Local Programs Manual.
(3) To identify and locate all high and low risk underground
facilities within the PROJECT area and to protect or
otherwise provide for such facilities, all in accordance
with STATE's "Manual on Hiqh and Low Risk Underqround
Facilities within Hiqhwav Riqhts of Wav". CITY hereby
acknowledges receipt of STATE's "Manual on Hiqh and Low Risk
Underqround Facilities within Hiqhwav Riqhts of Wav".
(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) To construct PROJECT in accordance with plans and
specifications of CITY to the satisfaction of and sUbject to
the approval of STATE.
(7) To pay an amount equal to 0% of the actual PROJECT
construction costs, estimated to be $ 0, but in no event
shall CITY's obligation for PROJECT construction costs under
this Agreement, excluding costs referred to in section III,
Article (12), exceed the amount of $ 0, provided that CITY
may, at its sole discretion, in writing, authorize a greater
amount.
(8) Upon completion of PROJECT and all work incidental thereto,
to furnish STATE with a detailed statement of the total
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,RES 93-88
District Agreement No. 8-824
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 (1) 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 (1).
(9) Upon completion of PROJECT, to furnish STATE a complete set
of full-sized film positive reproducible "As-Built" plans.
(10) To reimburse STATE for CITY's proportionate share of the
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.
(11) 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 FHWA payment of final voucher, or four (4)
years from date of final payment under the contract,
whichever is longer, all records and accounts relating to
construction of PROJECT.
SECTION II
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STATE AGREES:
(1) To deposit with CITY within twenty-five (25) days of receipt
of billing therefor (which billing will be forwarded
immediately following CITY's bid advertising date of a
construction contract for PROJECT), the amount of $209,500
which figure represents STATE's estimated share of the
expense of preliminary engineering, construction
engineering, and construction costs required to complete
PROJECT, as shown on Exhibit A. STATE's total obligation
for said anticipated PROJECT costs under this Agreement
shall not exceed the amount of $240,900, excluding costs
referred to in section III, Article (13) of this Agreement.
(2) STATE's share of the construction cost (estimated to be
$167,600) shall be an amount equal to 100% of the total
actual construction cost, including the cost of construction
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:RES 93-88
District Agreement No. 8-824
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.
(3) STATE's share of the expense of preliminary engineering
shall be an amount equal to 100% of CITY's actual costs
for preliminary engineering for the entire PROJECT
calculated prior to any Federal-aid payment; however,
STATE's cost will be reduced by STATE's share of
Federal-aid payment.
(4) 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 calculated
prior to any Federal-aid payment; however, STATE's cost will
be reduced by STATE's share of Federal-aid payment.
(5) 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 amount as
stipulated in Article (1) of this section II, exclusive of
utilities referred to in section III, Article (13) of this
Agreement.
(6) To maintain the entire traffic control signals and safety
lighting as installed and pay an amount equal to 50% of the
total maintenance costs, including electrical energy costs.
(7) To operate the traffic control signals as installed and pay
one hundred percent (100%) of the operation cost.
(8) To furnish the traffic signal control equipment for PROJECT.
This equipment shall consist of signal controller unit and
signal control cabinet. The estimated cost of this STATE
furnished equipment is $14,000 and the actual cost to STATE
shall be deducted from STATE's share of PROJECT costs.
(9) . To issue, at no cost to CITY and to 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.
(10) 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.
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RES 93-88
District Agreement No. 8-824
(11) To provide a state Project Coordinator to coordinate and
promptly review the work of CITY and its consultants, if
any, during the preparation of PS&E for PROJECT.
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.
(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) Construction by CITY of improvements referred to herein
which lie within STATE highway rights of way or affect STATE
facilities shall not be commenced until CITY's original
contract plans involving such work and plans for utility
relocations have been reviewed and approved by signature of
STATE's District Director of Transportation, or the District
Director's delegated agent, and until an Encroachment Permit
to CITY authorizing such work has been issued by STATE.
Receipt by CITY of CITY's contract plans signed by STATE
shall constitute STATE's acceptance and official approval of
said plans.
(5) CITY shall obtain aforesaid Encroachment Permit at no cost
through the office of State District Permit Engineer and
CITY's application shall be accompanied by six (6) 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
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RES: 93-88
District Agreement No. 8-824
provisions set forth in this Agreement and said Encroachment
Permit.
(6) CITY's construction contractor shall also be required to
obtain an Encroachment Permit at no cost to 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 payment and
performance surety bonds covering construction PROJECT.
(7) CITY shall not advertise for bids to construct PROJECT until
after an Encroachment Permit has been issued at no cost 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 (1) of this Agreement.
(8) 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 (1) 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.
(9) 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.
(10) 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
of action is not agreed upon, this Agreement shall be deemed
to be terminated by mutual consent pursuant to Article (12)
of this section III.
(11) Prior to award of the construction contract for PROJECT,
STATE may terminate this Agreement by written notice,
provided that STATE pays CITY for all PROJECT-related costs
incurred by CITY prior to termination and such cost are not
to exceed expenditures of $16,700.
(12) If termination of this Agreement is by mutual agreement,
STATE will bear 100% and CITY will bear 0% of all costs
incurred prior to termination, with total costs not to
exceed $16,700.
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RES. 93-88
District Agreement No. 8-824
(13) If any existing public and/or private utilities conflict
with PROJECT construction or violate STATE's encroachment
policy, CITY 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 (9) of this
Agreement.
(14) Upon completion of all work under this Agreement, ownership
and title to all materials, equipment and appurtenances
installed will automatically be vested in STATE and no
further agreement will be necessary to transfer ownership to
STATE.
(15) 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.
(16) 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. 00
(17) 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
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.
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RES 93-88
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District Agreement No. 8-824
(18) 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.
(19) 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.
(20) The costs referred to herein cover only "matching funds"
based on the assumption that Federal-aid funds will be
allocated for financing approximately 100% of the costs as
shown on Exhibit A. In the event that Federal-aid
participation is not secured, this Agreement may be
terminated by either party at any time prior to award of the
construction contract for PROJECT, or alternatively, each
party's participation may be renegotiated to "make up" for
the loss of Federal funds. If termination occurs, costs
shall be limited to the sums set in Articles (11) or (12) of
this section III.
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RES '93-88
District Agreement No. 8-824
(21) 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 February 18, 1994 ,
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.
Director of Transportation
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By
REN STEEL , District Director
CITY OF SAN BERNARD
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STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS
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By?t::
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Mayor
Attest: ~~ ~
cit Clerk
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APPROVED AS TO FORM AND PROCEDURE:
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Attor~e~~part~~~nsportation
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APPROVED AS TO FORM AND PROCEDURE
AND LEGAL CONTENT:
James F. Penman
CitLAttorney ,
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CERTIFIED AS TO FUNDS AND PROCEDURE:
,{ (]()@~
(~!District ccounting Administrator
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RES; 93-88
District Agreement No. 8-824
EXHIBIT A
Estimate of Cost
Description Total state Citv
Signals (Bid) $145,748.00 $145,748.00 $ 0
Contingency (15%) $ 21,862.20 $ 21,862.20 $ 0
Construction Cost $167,610.20 $167,610.20 $ 0
*preliminary
Engineering (10%) $ 16,761.02 $ 16,761.02 $ 0
*Construction
Engineering (15%) $ 25,141.53 $ 25,141.53 $ 0
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TOTAL $209,512.75 $209,512.75 $ 0 ~
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*FIXED ENGINEERING CHARGES
According to Policy & Procedure No. P-77-37
PRELIMINARY
ENGINEERING
CONSTRUCTION COST
(Thousands)
CONSTRUCTION
ENGINEERING
%
%
22
o - 50
22
17
50 - 75
20
15
75 - 100
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13
100 - 150
16
10
150 - 250
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Please note: Not included in the above estimate of costs is the State
Furnished Control equipment. Value $14,000.00
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