HomeMy WebLinkAbout1991-222
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RESOLUTION NO. 91-222
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 THE INSTALLATION OF
TRAFFIC SIGNALS AT INTERSTATE ROUTE 1-215 AND ORANGE SHOW
4 ROAD/AUTO PLAZA DRIVE.
5 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
Cooperative Agreement with
State
of
California
City,
the
a
Department of Transportation relating to the installation of
1-215
Orange
Show
traffic
signals
and
Route
at
Interstate
Road/Auto Plaza Drive, 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This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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5-10-91
. .. RESO: .AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT WITH STATE
OF CALIFORNIA RELATING TO TRAFFIC SIGNALS 9N. ROUT,E 1-215
AND ORANGE SHOW ROAD/AUTO PLAZA DRIVE.
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Cornmon Council of the City of San
3 Bernardino at a regular meeting thereof, held on the
4 3r day of June , 1991, 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-LUDLAM x
12 MILLER
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day of
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x
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.. City C erk
The foregoing resolution is hereby approved this 4th
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, 1991.
June
~{"/I
W. . Ho ,comb, Mayor
19 Ci ty" of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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By L__ 71
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Res. 91-222
08-SBd-215-5.02
08212 - 321200
Interstate 215 & Orange Show Rd
District Agreement No. 8-731
COOPERATIVE AGREEMENT
THI S AGREEMENT, ENTERED INTO ON J u () e. 4 J '1 '1 ,
STATE OF CALIFORNIA, acting by and through its
Transportation, referred to herein as "STATE",
is between the
Department of
and
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CITY OF SAN BERNARDINO
a body politic and a municipal
corporation of the State of
California, referred to herein as
"CITY"
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RECITALS
(1) STATE and CITY contemplate installing traffic
control signals and safety lighting at the intersections of
Orange Show Road with State Highway Route 215 northbound and
southbound ramps, 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
Funds will be allocated for financing 100% of the construction,
construction engineering, and preliminary engineering costs which
are eligible for Federal-aid participation, and STATE and CITY
will bear the remainder of the costs as set forth herein.
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.
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(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 (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.
(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) To construct the PROJECT in accordance with plans
and specifications of CITY, to the satisfaction of and subject to
the approval of STATE.
(6) To reimburse STATE for CITY's proportionate share
of the cost of maintenance of said traffic control signals and
safety lighting, such share to be an amount equal to 50% of the
total maintenance costs, including electrical energy costs.
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(7) 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 therefor which billing be forwarded immediately following
CITY's bid advertising date of a construction contract for
PROJECT, the amount of $312,500; 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 $312,500, excluding
costs referred to in section III, Article (12).
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(2) STATE's share of the construction cost estimated
to be $250,000, shall be an amount equal to 100% the total actual
signal and lighting related construction costs, 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 the CITY's actual
costs for preliminary engineering for the entire PROJECT.
(4) STATE's share of the expense of construction
engineering shall be an amount equal to 100% of the CITY's actual
costs for construction engineering for the entire PROJECT.
(5) 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.
(6) To operate the traffic control signals and pay
100% of the operation cost.
(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. {,-
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SECTION III 1.'-
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.
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(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.
(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) 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.
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(8) After opening bids for the 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 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 (11) of this Section III.
(10) Prior to award of the construction contract for
the PROJECT, STATE may terminate this Agreement by written
notice, provided that STATE pays CITY for all costs incurred by
CITY prior to CITY's receipt of said notice, such costs not to
exceed expenditures of $25,000.
(11) 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 $25,000.
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(12) 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. STATE 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 0% STATE and 100% CITY.
If any protection, relocation or removal of utilities is
required, such work shall be performed in accordance with STATE
policy and procedure. CITY will pay its share at the time of
final billing based on actual costs.
(13) Upon completion of all work under this Agreement,
ownership and title to all signals, materials, equipment and
appurtenances installed will automatically be vested in the STATE
and no further agreement will be necessary to transfer ownership
to the STATE.
(14) 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.
(15) 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.
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(16) 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.
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INSTALLAT'ION OF TRAFFIC SIGNALS AT STATE ROUTE 1-215 hND ORANGE
SHOW ROAD/AUTO PLAZA DRIVE.
(17) That the costs referred to herein are only
"matching funds" based on the assumption that Federal-aid
Interstate 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 (10) or (11) of this Section III.
(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
6-30-92 , whichever is earlier in time; however, the
ownership, operation and maintenance clauses shall remain in
effect until terminated or modified in writing by mutual
agreement.
ROBERT K. BEST
Director of Transportation
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BY // /
JUN
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STATE OF CALIFORNIA
Department of Transportation
CITY OF SAN
Holcomb
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Byk~~
District D1rector
Attest: a. u-U ~H'u2-~
~ City Clerk 0
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Approved as to form and procedure
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Approved as to form
and legal content:
I
Transportation
James F. Penman
City Attorney
Cert fie~~,t~nds and procedure
~ ;e;;:t?;a G. 2~9f
~District Accounting Officer
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Res. 91-222
08-SBd-215-5.02
In the City of SBd
At Orange Show Rd
District Agreement No. 8-731
EXHIBIT A
ESTIMATE OF COST
Construction TOTAL COSTS CITY SHARE STATE SHARE
Cost
Signals $ 250.000 $ 0 $ 250.000
*preliminary
Engineering 10% $ 25.000 $ 0 $ 25.000
*Construction
Engineering 15% $ 37.500 $ 0 $ 37.500
TOTALS $ 312.500 $ 0 $ 312.500
*FIXED ENGINEERING CHARGES
According to Policy & Procedure No. P-77-37
PRELIMINARY
ENGINEERING
CONSTRUCTION COST
(Thousands)
CONSTRUCTION
ENGINEERING
22
o - 50
22
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%
%
17
50 - 75
20
15
75 - 100
18
13
100 - 150
16
10
150 - 250
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**See Section III (12)
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