HomeMy WebLinkAbout1991-061
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RESOLUTION NO. 91-61
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION RELATING TO INSTALLATION OF TRAFFIC
CONTROL SIGNALS AT REDLANDS BOULEVARD AND EASTBOUND OFF-RAMP TO
WATERMAN AVENUE FROM ROUTE 1-10.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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 control signals at Redlands Boulevard and eastbound off-
ramp to Waterman Avenue from Route 1-10, a copy of which
agreement is attached hereto, marked Exhibit "A" 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This resolution is rescinded if the parties
RGH:rs
RESO: AUT?ORIZING EXECUTION OF COOPERATIVE AGREEMENT WITH
,'CAL'i,'RANS'RELATING TO INSTALLATION OF TRAFFIC SIGNALS'
AT EIB OFF-RAMP TO WATERMAN AVENUE via' REDtANDS BLVD.
1 I HEREBY CERTIFY that the foregoing resolution vlas duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting thereof, held on the
regular
4 18th day of February
1991, by the following vote, to-wit:
5 Council Members:
ABSTAIN
AYES NAYS
x
x
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x
x
x
x
x
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
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City Clerk
The foregoing resolution is hereby approved this 20th
February
, 1991.
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,- - (4. R/ Holq'omb, Mayor
C~ ty of Sah Bernardino
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Approved as to form
and legal content:
James F. Penman
City Attorney
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08-SBd-10-25.2
In the City of SBd
At the E/B off-ramp
to Waterman Ave via
Redlands Blvd
08212 - 333700
District Agreement No. 8-740
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COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON February 21, 1991
STATE OF CALIFORNIA, acting by and through its
Transportation, referred to herein as "STATE",
is between the
Department of
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 contemplate installing traffic
control sicrnals and safety lighting and performing roadwork at the
intersection of Redlands Boulevard with the eastbound exit ramp
of the State Highway Route 10, 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.
(2) If any work involving high/low risk underground
facilities or subsurface construction within said State highway
is needed, STATE requires that said work be accomplished in
accordance with STATE's "Manual on High and Low Risk Underground
Facilities within Highway Rights of Way".
(3) It is anticipated that Federal-aid Interstate/HB4N
Funds will be allocated for financing 100% of the construction
and construction engineering 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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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 the project.
EXHIBIT "A"
(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 protect or
otherwise provide for such facilities, all in accordance with
STATE's "Manual on High and Low Risk Underground Facilities
within Highway Rights of Way". Costs of locating, identifying,
protecting or otherwise providing for such high and low risk
facilities shall be distributed and borne in the same manner as
described in section III, Article (11). CITY hereby acknowledges
the receipt of STATE's "Manual on High and Low Risk Underground
Facilities within Highway Rights of Way" and agrees to construct
the PROJECT in accordance with such manual.
(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) That PROJECT will be advertised, awarded, and
administered in accordance with STATE's current Local Programs
Manual, Volume II.
(6) To construct the PROJECT in accordance with plans
and specifications of CITY, to the satisfaction of and subject to
the approval of STATE.
(7) Upon completion of PROJECT, to furnish STATE a
complete set of full-sized film positive reproducible "As-Built"
plans.
(8) To reimburse STATE for CITY's proportionate share
of the cost of maintenance of said traffic control signal and
safety lighting, such share to be an amount equal to 50% of the
total maintenance costs, including electrical energy costs.
(9) To retain or cause to be retained for audit for
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 the
PROJECT.
SECTION II
STATE AGREES:
(1) To deposit with CITY within 25 days of receipt of
billing therefore (which billing be forwarded immediately
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following CITY's bid advertising date of a construction contract
for PROJECT), the amount of $172,500; which figure represents
STATE's estimated share of the expense of 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 $185,800, excluding costs referred to in
section III, Article (11).
(2) STATE's share of the construction costs (estimated
to be $150,000), shall be an amount equal to 100% of construction
engineering as determined after completion of work and upon final
accounting of costs.
(3) STATE's share of the expense of construction
engineering shall be an amount equal to 100% of STATE's share of
the actual final construction cost, calculated prior to any
Federal-aid payment; however, STATE's cost will then be reduced
by STATE's share of Federal-aid payment.
(4) To pay CITY upon completion of all work within 20
days of receipt of a detailed statement made upon final
accounting of costs; therefore, 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 (11).
(5) To maintain the entire traffic control signal and
safety lighting as installed and pay any amount equal to 50% of
the total maintenance costs, including electrical energy costs.
(6) 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 $15,000 and the actual cost to STATE
shall be deducted from the STATE's share of the PROJECT costs.
(7) To issue, upon proper application by CITY and by
CITY Contractor, the necessary encroachment permits for required
work within the STATE highway rights of way.
(8) 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 CIT, in a timely manner.
(9) 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
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SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(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. 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.
(2) Should any portion of the 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.
(3) That construction by CITY of improvements referred
to herein which lie within STATE rights of way or affect STATE
facilities shall not be commenced until CITY's original contract
plans involving such work have been reviewed and approved by
signature of STATE's District Director of District 8, or his
delegated agent, and until an Encroachment Permit authorizing
such work has been issued by STATE therefor. Receipt by CITY of
CITY's contract plans signed by STATE shall constitute STATE's
acceptance of and official approval of said plans.
(4) That CITY will obtain the aforesaid Encroachment
Permit through the office of STATE's District 8 Permit Engineer
and that CITY's application therefore shall be accompanied by
reproducible tracings of aforesaid STATE-approved contract plans.
Receipt thereafter by CITY of the approved Encroachment Permit
shall constitute CITY's authorization from STATE to proceed with
work which lies within STATE rights of way or which affects STATE
facilities, pursuant to work covered by this Agreement. CITY's
authorization to proceed with said work shall, however, be
contingent upon CITY's compliance with all provisions set forth
in said Encroachment Permit.
(5) That CITY's contractor will also be required to
obtain an Encroachment Permit from STATE prior to commencing any
work which lies within STATE rights of way or which affects STATE
facilities. The application for said Encroachment Permit shall
be made through the office of STATE's District Permit Engineer
and shall include a Surety Bond in an amount of $25,000 and the
permit shall be issued free of charge by STATE.
(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
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PROJECT until after receipt of STATE's deposit required in
section II, Article (1).
(7) After opening of bids, STATE's estimate of cost
will be revised based on actual bid prices. STATE's required
deposit under section II, Article (1) above 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) If, upon opening of bids, it is found that a cost
overrun exceeding 15% of the estimate will occur, STATE and CITY
shall endeavor to agree upon an alternative course of action.
If, after 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 (10) of this section III.
(9) If termination of this Agreement is by mutual
agreement, STATE will bear 100% and CITY will bear 50% of all
costs incurred prior to termination, with total costs not to
exceed $187.500 (excluding preliminary engeering costs).
(10) If existing public and/or private utilities
conflict with the construction of the PROJECT, CITY will make all
necessary arrangements with the owners of such utilities for
their protection, relocation or removal. CITY will inspect the
protection, relocation or removal, which if there are costs of
such protection, relocation or removal which STATE and CITY must
legally pay, STATE and CITY will share in the cost of said
protection, relocation or removal, plus cost of engineering
overhead and inspection, in the amount of 50% STATE and 50% CITY.
If any protection, relocation or removal of utilities is
required, such work shall be performed in accordance with State
policy and procedure. STATE will pay its share at the time of
final billing based on actual costs.
111\ Upon completion of all work under this Agreement,
ownership of all signal and lighting equipment shall be vested in
the STATE and roadwork shall be based on the respective rights of
way of the STATE and CITY.
(12) The cost of any engineering or maintenance
referred to herein 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.
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(13) Neither STATE nor any officer or employee the~eof
shall be responsible for any damage or liability 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
STATE under this Agreement. It is also agreed that, pursuant to
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Government Code section 895.4, CITY shall fully indemnify and
hold STATE harmless from any liability imposed for injury (as
defined by 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 not delegated
to STATE under this Agreement.
(14) Neither CITY nor any officer or employee thereof
shall be 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 also 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 810.8) occurring by reason of
anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction not delegated
to CITY under this Agreement.
(15) That, 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, and that said representative
and resident engineer will cooperate and consult with each other,
but the decisions of STATE's representative shall prevail on work
within STATE's right of way.
(17) That the costs referred to herein are only
"matching funds" based on the assumption that Federal-aid
Interstate/Urban 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, or is less
than 100% of the cost, this Agreement may be terminated mutually
by either party at any time prior to the award of a construction
contract, 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 (9) or (10) of this section III.
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Traffic'Signals at ~/B Off-ramp - Waterman Avenue via Redlands Blvd.
(18) That those portions of this Agreement pertaining
to the construction of PROJECT shall terminate upon completion ~
and acceptance of the PROJECT construction contract by CITY or on ~
January 1, 1993, whichever is earlier in time; however, the L~
ownership, operation and maintenance clauses shall remain in i~
effect until terminated or modified in writing by mutual
agreement.
STATE OF CALIFORNIA
Department of Transportation
CITY OF
ROBERT K. BEST
Director of Transportation
BY~~
Dlstrict Director
Attest:
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(A ~AR.-L -,' f"J.-.u_"-!-.
(city Clerk) , j
Approved as to form
and legal content:
Approved as to form and procedure
Attor
of Transportation
James F. Penman
City Attorney
certified as to funds and procedure
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Distric~ounting Officer
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08-SBd-10-25.2
In the city of SBd
At the E/B off-ramp
to Waterman Ave via
Redlands Blvd
08212 - 333700
District Agreement No. 8-740
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EXHIBIT A
ESTIMATE OF COST
Description Total State city
Construction $150,000 $150,000 $ 0
*Preliminary
Engineering (10%) 15,000 0 15,000
*Construction
Engineering (15%) 22,500 22,500 0
Total $187,500 $172,500 $15,000
*FIXED ENGINEERING CHARGES
According to Policy & Procedure No. P-77-37
PRELIMINARY
ENGINEERING
CONSTRUCTION COST
(Thousands)
CONSTRUCTION
ENGINEERING
s-
o
%
22
o - 50
22
17
50 - 75
20
15
75 - 100
18
13
100 - 150
16
10
150 - 250
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