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HomeMy WebLinkAbout1991-161 , . . .' 1 RESOLUTION NO. 91-161 2 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 MODIFICATION OF TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND KENDALL DRIVE (ROUTE 206). 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, a Cooperative Agreement with the State of California 9 Department of Transportation relating to modification of traffic 10 signals at University Parkway and Kendall Drive, in the City of 11 San Bernardino, a copy of which agreement is attached hereto, 12 marked Exhibit "A" and incorporated herein by reference as fully 13 as though set forth at length. 14 The agreement shall not take effect until SECTION 2. 15 fully signed and executed by both parties. The City shall not be 16 obligated hereunder unless and until the agreement is fully 17 executed and no oral agreement relating thereto shall be implied 18 or authorized. 19 20 21 22 23 24 25 26 27 28 This resolution is rescinded if the parties SECTION 3. to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 4-18-91 RESO: A.UTHOEIZING EXF,CUTION Q.F COOPERATIVE. AGREEME;.NT ..NITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO TRAFFIC SIGNALS AT UNIVERSITY PARKWAY AND KENDALL DRIVE. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Cornmon Council of the Ci ty of San 3 Bernardino at a regular meeting thereof, held on the 4 ~day of May 5 Council Members: 6 ESTRADA 7 REILLY 8 FLORES 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 1991, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~~,~ . City C erk 15 16 17 18 19 The foregoing resolution is hereby approved this 9th / /7 /'/.~/. /" f/ /'./ / Ho comb, Mayor San Bernardino day of May , 1991. W. Ci tyof Approved as to form 20 and legal content: 21 James F. Penman ~ ::'~~'o'neY9h ~ ./~ 24 25 26 27 28 - 2 - t..t . '!'.. Res. 91-161 08-SBd-206-4.2 In the City of SBd Rte 206 at University Pkwy Modify Traffic Signal 08212-363600 Dist. Agreement No. 8-726 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON STATE OF CALIFORNIA, acting by and Transportation, referred to herein May 9, 1991 thr.ough its 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" I~ r- RECITALS (1) STATE and CITY contemplate modifying traffic control signal and safety lighting at the intersection of University Parkway with State Highway Route 206, 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 I~ with STATE's "Manual on High and Low Risk Underground Facilities r- within Highway Rights of Way". 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 and to bear CITY's share of the expense thereof. (2) 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 . I.. .". "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 (12). 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. (3) To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures. (4) That PROJECT will be advertised, awarded, and administered in accordance with STATE's current Local Programs Manual, Volume II. (5) To construct the PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (6) Upon completion of PROJECT, to furnish STATE a complete set of full-sized film positive reproducible "As-Built" plans. (7) To maintain the entire traffic control signal(s) and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. (8) 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 final payment, 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 therefor the amount of $27,000.00; which figure represents STATE's agreed share of the expense of preliminary engineering, construction engineering, 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 $27,000.00. (2) 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. (3) To prepare a "Project Report" justifying the need for PROJECT, to prepare all necessary environmental evaluation and 2 . ,., "," clearance documents and to furnish copies of these documents to CITY in a timely manner. (4) 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 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. ~ ~ {~ i~ (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 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 and official approval of said plans. to of (4) That CITY will obtain the aforesaid Encroachment Permit through the office of STATE's District 8 Permit Engineer and that CITY's application therefor 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 the permit shall be issued free of charge by STATE. 3 ,.1.. ,9. (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 (1). (7) 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 CITY must legally pay, STATE and CITY will bear entire cost of said protection, relocation or removal, plus cost of engineering overhead and inspection. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. CITY will bear the cost pay its share at the time of final billing based on actual costs. (8) Upon completion of all work under this Agreement, ownership of all signal and lighting equipment shall be vested in STATE and roadwork shall be based on the respective rights of way the STATE and CITY. (9) The cost of any engineering or maintenance referred 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. the ~ of '~ T'- {..... to (10) Neither STATE 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 CITY under or in connection{~ with any work, authority or jurisdiction delegated to STATE under i~ this Agreement. It is also agreed that, pursuant to 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. (11) 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 delegated to STATE under this Agreement. 4 ...~. .. MODIFICATION OF TRAFFIC SIGNALS AT UNIVERSITY PA~KWAY AND KENDALL DRIVE. (12) 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. (13) 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 6-30-92 , whichever is earlier in time; however, the ownership, operation and maintenance clause shall remain in effect until terminated or modified in writing by mutual agreement. I<,,'{ li fj 'j~jj / STATE OF CALIFORNIA Department of Transportation CITY OF SAN ROBERT K. BEST Director of Transportation BY~~ District Director ~ Attest: ~ ~ City Cler ~ James F. Penman City Attorney ~ C\l {'- {,- Approved as to form and p\;J:L Atto~~ Department of Transportation Approved as to form and legal content: BY~ ~ as to funds and Officer 5 Res. 91-161 RECE1V~:,L011 Y~LtG '91 ,JUt -9 P,1l :33 08-SBd-206-4.2 In the city of SBd Rte 206 at University Pkwy Modify Traffic Signal 08212-363600 Dist, Agreement No. 8-726 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON STATE OF CALIFORNIA, acting by and Transportation, referred to herein Hay 9, 1991 through its as "STATE", is between the Department of and y J1A- (\t~~~ ,h~/ \.' \. V01'~r;. ~ ,,,J- ~ : '\ ,\t--'''0 ~~ ' . . Ii. ~\-i.L. cv~~/ }/) (y'X;~~~ 'r0\J~~~ .~ )>~~~ ~V\~ .Y ~ J..;rpzv- l"<) .l..L auz n~~.. 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". .. CITY AGREES: CITY OF SAN BERNARDINO a body politic and a municipal corporation of the State of California, referred to herein "CITY" as RECITALS :TY contemplate modifying'traffic control at the intersection of University Parkway )6, referred to herein as "PROJECT", and . and conditions under which PROJECT is to , financed, operated and maintained. SECTION I (1) To provide all necessary preliminary engineering, including plans and specifications, and utility identification and location, and all necessary construction engineering services ror the PROJECT and to bear CITY's share of the expense thereof. (2) To identify and loca't:e 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 ',>.'.t,--. ; ~,'~;'F;:;;<<:'-~ ;/. >'. ::,':";;:~',,:~'.:.'" '!'~,..~, .:.,.:;~~~.." ~:; ":,\-::,,~,, j';"->:;..,:;'0't'.;;~~~~;,t=,;,.~~~i:_~:~~~:-~~~f;Z~-~6 "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 (12). 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. (3) To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures. (4) That PROJECT will be advertised, awarded, and administered in accordance with STATE's current Local Programs Manual, Volume II. (5) To construct the PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (6) Upon completion of PROJECT, to furnish STATE a complete set of fulh"sized film positive reproducible "As-Built" plans. r (7) To maintain the entire traffic control signal(s) and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. "(8) 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 final payment, 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 therefor the amount of $27,000.00; which figure represents STATE's agreed share of the expense of preliminary engineering, construct~on engineering, 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 $27,000.00. (2) 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. (3) To prepare a "Project Report" justifying the need for PROJECT, to prepare all necessary environmental evaluation and 2 clearance documents and to furnish copies of these documents to CITY in a timely manner. (4) 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 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 ~esources 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 notwithstapding 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 therefor 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 tQ 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 the permit shall be issued free of charge by STATE. 3 , , ,:: ~ ~:,.-:-;,;~" i"';"~';';:';:"_'-'~~::'::-l.g;.:';:;jl';' _'.. '~,o;';:)\";';;-"~:~_~, ,- '( (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 (1). (7) 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 CITY must legally pay, STATE and CITY will bear entire cost of said protection, relocation or removal, plus cost of engineering overhead and inspection. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. CITY will bear the cost pay its share at the time of final billing based on actual costs. (8) 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. (9) 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. (10) Neither STATE 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 CITY 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 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. (11) 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 unde~ 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 delegated to STATE under this Agreement. 4 _.. .~,.~ ,;::,,,,,:-;".<:i;-;:~~":'}'t~:::~._,,'.,-.';:;';;;f,"~:_""~~:~-~~;y-di~~~i+;~;~;l~~:~~Z~t.~Nn:~~:i~r~~'~.~ DRIVE. .' (12) 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. = (13) 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 6-30-92 , whichever is earlier in time; however, the ownership, operation and maintenance clause shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation CITY OF SAN BERNARDINO // ~ /7-Y- BY---;?;:~;;;">'2/~_/// . -, 1/"" 00 .,,, Mayor ",I U \J j~jl \ ROBERT K. BEST Director of Transportation BY~~ District Director Attest: ~ ~~..-?uv-- '--' City ClerTc- v Approved as to form and procedure Approved as to form and legal content: James F. Penman City Attorney Attorney Department of Transportation BY~ J as to funds and Officer \Ci ::0 en ~ n en L -< c::: ., r-- ;; 5 I 'D ') .- <: ~ ) ~ W ;Tl -r, J:>. "': i.<:""I\:;j,i:, ;:;:~;i,~'r:,;_~;:i';::~~~;*.~i:l~~,t~:?E~~_;.j,~-,-~~~}~\:~~':.2'~~,~~_~~~~~~#~;;~i~:.~fA~~~;';'~I~:;,c::.c:'~t:;;-":.