HomeMy WebLinkAbout1991-451
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RESOLUTION NO. 91-451
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 CONSTRUCTION OF A
TEMPORARY CONNECTION FROM EXISTING ROUTE 330 TO THE FUTURE
4 HIGHLAND/BOULDER AVENUES INTERSECTION.
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 ~Iayor 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, and any amendments(s) to the
Agreement, relating to Construction of a Temporary Connection
from existing Route 330 to the future Highland/Boulder Avenues
Intersection, in the City of San Bernardino, 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
is
fully
agreement
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This resolution is rescinded if the parties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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10-28-91
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RESO:. AUTHORIZING EXECUTION OF COOPERATIVE:AGRE;EMENT WITH STATE
DEPARTMENT . OF . TRANSPORTATION RELATING'. TO' . TEMPORARY
CONNECTION FROM ROUTE 330 TO HIGHLAND/BOULDER AVENUES.
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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 regular
meeting thereof, held on the
4 4th day of November
, 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 x
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RaChel Krasney, City lerk
November
, 1991.
The foregoing resolution is hereby approved this 6t
day of
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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08-SBd-30-R26.7/R30.3
08-SBd-330-R28.7/R30.3
08204 - 157903
state Routes 30/330
city of SBd Arden Ave and
5th street city of Highland
District Agreement No. 8-762
Res. No. 91-451
COOPERATIVE AGREEMENT
THIS AGREEMENT ENTERED INTO ON No V e m he\' t,. J qq I is
between the STATE OF CALIFORNIA, acting by and 'through its
Department of Transportation, referred to herein as "STATE", and
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CITY OF SAN
politic and
corporation
California,
as "CITY"
BERNARDINO, a body
a municipal
of the STATE of
referred to herein
RECITALS
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(1) STATE and CITY, pursuant to Streets and Highways Code
section 130, are authorized to enter into a Cooperative
Agreement for improvements to State highways within CITY.
(2) STATE has a freeway construction project now in progress on
State Routes 30 and 330 between Arden Avenue in the City of
San Bernardino and 5th Street in the city of Highland,
including relocation of the existing Routes 30/330 at-grade
junction at Highland and Boulder Avenues to the Route 30
freeway alignment, referred to herein as "CONTRACT".
(3) CITY desires construction of a temporary connection from
existing Route 330 to the future (post construction)
Highland/Boulder Avenues intersection. Said temporary
connection will require STATE's contractor to perform work
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08-SBd-30-R26.7/R30.3
08-SBd-330-R28.7/R30.3
8-762
at said location at an earlier stage of construction than
specified in the contract Special Provisions.
(4) STATE is agreeable to perform all engineering and
construction activities for PROJECT as part of CONTRACT.
(5) STATE will benefit from PROJECT by improved traffic control
during the remainder of CONTRACT construction and until
relinquishment of this portion of Routes 30 and 330.
(6) Realignment of the Highland/Boulder Avenues intersection
will allow CITY to install traffic signals to provide better
access to CITY controlled commercial development north of
Highland Avenue approximately one year earlier than
originally planned.
(7) The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be constructed,
financed and maintained.
SECTION I
STATE AGREES:
(1) To provide all labor, materials, tools and equipment, all
necessary preliminary engineering, including plans and
specifications, and all necessary construction engineering
for PROJECT.
(2) To construct PROJECT by Contract Change Order to STATE
Construction Contract 08-157904.
(3) To establish separate PROJECT accounts to accumulate charges
for all costs to be paid by CITY pursuant to this Agreement.
(4) To submit an initial billing in the amount of $70,000
to CITY immediately following authorization of STATE's
Contract change Order. Said billing to represent CITY's
total estimated cost for PROJECT.
(5) Upon completion of PROJECT and all work thereto, to furnish
CITY with a detailed statement of the total actual cost of
construction, preliminary and construction engineering and
any utility protection, relocation or removal costs which
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08-SBd-30-R26.7/R30.3
08-SBd-330-R28.7/R30.3
8-762
may be incurred during construction of PROJECT, including
the costs of any contract claims which may have been allowed
to the construction contractor. STATE, thereafter, shall
refund to CITY (promptly after STATE's audit) any amount of
CITY's deposit required in section II, Article 1 remaining
after actual costs to be borne by CITY have been deducted,
or bill CITY for any additional amount required to complete
CITY's financial obligations pursuant to this Agreement.
SECTION II
CITY AGREES:
(1) To deposit with STATE within 30 days after receipt of
billing therefor, the amount of $70,000, which figure
represents CITY's estimated expense for construction,
preliminary and constructing engineering, utility
protection, relocation and/or removal and contractor's
claims required to complete PROJECT.
(2) Upon completion of PROJECT, to install a traffic signal
system at the relocated Highland/Boulder Avenues
intersection. Said traffic signal system to include a Type
170 Controller with an interconnect provision for
synchronization with the future STATE installed signal
system at the Route 330/Highland Avenue interchange ramps
and to pay one hundred percent (100%) of all costs therefore
as a separate project under Encroachment Permit.
(3) To pay State upon completion of all work and within 25
working days of receipt of a detailed statement made upon
final accounting of costs therefor, any amount over and
above the aforementioned deposits and payments required to
complete CITY's financial obligations pursuant to this
Agreement.
(4) STATE's Construction Contract claims process will be used in
consultation with CITY. CITY shall abide by the outcome of
said process.
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08-SBd-30-R26.7/R30.3
08-SBd-330-R28.7/R30.3
8-762
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 any portion of PROJECT be financed with Federal funds
or State gas tax funds, all applicable laws, rules and
policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(3) Prior to execution of the Contract Change Order for PROJECT,
CITY may terminate this Agreement, in writing, provided that
CITY pays STATE for all PROJECT related costs incurred by
STATE, under terms of this Agreement.
(4) STATE shall terminate this Agreement prior to execution of
the Contract Change Order if STATE's contractor cannot
accomplish PROJECT without adversely affecting current
CONTRACT schedules or costs.
(5) If termination of this Agreement is by mutual consent, CITY
will bear one hundred percent (100%) of all PROJECT related
costs incurred by STATE pursuant to this Agreement.
(6) In the construction of PROJECT, CITY may, at no cost to
STATE, furnish a representative, if it so desires. Said
representative and STATE's Engineer will cooperate and
consult with each other, but the decisions of STATE's
Resident Engineer shall prevail as final, binding and
conclusive in all matters concerning PROJECT construction
contract.
(7) Upon completion and acceptance of PROJECT construction by
STATE, STATE will maintain the temporary connection.
(8) 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 CITY 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
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COOPERATIVE AGREEMENT: CONSTRUCTION OF TEMPORARY CONNECTION 'FROM
EXISTING ROUTE 330.
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08-SBd-30-R26.7/R30.3
08-SBd-330-R28.7/R30.3
8-762
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 delegated to CITY under this Agreement.
(9) No alteration or variation of the terms of this Agreement
shall be valid unless made in writing and signed by the
parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
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(10) Except as otherwise provided in Articles (3) and (4) of this
section III, those portions of Agreement pertaining to the
construction of PROJECT shall terminate upon completion and
acceptance of the PROJECT construction contract by STATE, or
on completion of STATE's construction contract, whichever is
earlier in time.
STATE OF CALIFORNIA
Department of Transportation
CITY
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NO/ G" 1991
JAMES W. VAN LOBEN SELS
Director of Transportation
\LL~
KEN STEELE, District Director
Attest: C?~~~
ci'ty Clerk
By
Approved as to form
and legal content:
APPROVED AS TO FORM AND PROCEDURE:
James F. Penman
City Attorney
of Transportation
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CERTIFIED AS TO FUNDS AND PROCEDURE:
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District Accounting Administrator
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