HomeMy WebLinkAbout1989-147
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4/11/89
RESOLUTION NO. 89-147
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA RELATING
TO THE INSTALLATION OF EXIT AND ENTRANCE RAMPS ON ROUTE 1-10 AT
CARNEGIE DRIVE AND HOSPITALITY LANE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINQ AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an agreement with the State of California relating to the
installation of exit and entrance ramps on Route 1-10 at Carnegie
Drive and Hospitality Lane, 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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 15th
day of
, 1989, by the following vote, to-wit:
May
AYES:
Council Members
Estrada, Flores, Maudslev,
Minor. Pope Ludlam
NAYS:
None
ABSENT:
Council Members Reillv. Miller
~E7,7/,1/~~/
/ City Clerk
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE
OF CALIFORNIA RELATING TO RAMPS ON 1-10 AT CARNEGIE
DRIVE AND HOSPITALITY LANE.
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The foregoing
! it" day of May
.
resolution is hereby approved this
, 1989.
1:" -.J 14 t1~1J"
Ev yn Wilcox, Mayo
City of San Bernardino
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08-SBd-10-24.7/26.3
204 - 202101
At Waterman Ave Interchange
Revise and Construct WB
Ramps & Add Auxiliary Lane
District Agreement No. 8-640
COOPERATIVE AGREEMENT
This AGREEMENT ENTERED INTO ON ~ \ 'S" , 19 <i2L is
between the STATE OF CALIFORNIA, acting by and 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 section
130, are authorized to enter into a Cooperative Agreement for
improvements to State highways within the CITY.
(2) CITY desires State highway improvements consisting of
constructing new westbound entrance and exit ramps at carnegie
Drive, removing existing Waterman Avenue westbound exit ramp,
constructing an auxiliary lane on Route 10 from Tippecanoe
Avenue westbound entrance ramp to the new carnegie Drive exit
ramp and improvement of the existing Waterman Avenue entrance
ramp (Area of responsibility shown on Exhibit "ll".) , all
referred to herein as "PROJECT".
(3) This Agreement supersedes the "Memorandum of Understanding
(MOU)" dated March 3, 1987; initiated by STATE and concurred
with by CITY.
(4) CITY desires to assist STATE in the acquisition of Right of
Way, to prepare plans, specifications and estimates (PS&E) and
to partially fund construction costs for PROJECT in order to
bring about the earliest possible construction of PROJECT.
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EXHIBIT -A-
08-SBd-10-24.7/26.3
Page 2
(5) The parties hereto desire to define herein the terms and
conditions under. which said PROJECT is to be developed,
designed, and constructed.
SECTION I
STATE AGREES:
(1) To provide CITY with necessary regulations, policies,
procedures, manuals, standard plans and specifications, and
other standards required to prepare the PS&E for PROJECT.
(2) To work with CITY to assure that required State and Federal
procedures are followed.
(3) To provide prompt reviews and approvals, as appropriate, of
submittals by CITY and to cooperate in timely processing of
PROJECT.
(4) To provide, at STATE expense, oversight of all right of way
activities undertaken by CITY, or its designee, pursuant to
this Agreement.
(5) To issue, upon proper application, an encroachment permit to
CITY authorizing entry by CITY's staff and consultant(s) onto
STATE's right of way to perform survey and other investigation
activities required for preparation of the PS&E.
(6) To fund actual construction costs for the Carnegie Drive
Entrance Ramp. This includes the following:
(b)
Construction of a structure over the San Timoteo Creek
Channel.
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(a)
Widening of the Route 10 Waterman Avenue undercrossing
structure on the north side.
(c) Expenses, if any, for the relocation of affected public
utilities.
(7) To acquire necessary right of way westerly of San Timoteo
Creek for the Carnegie Drive westbound entrance ramp.
(8) To handle the arrangements for the relocation and/or
protection of all public utilities affected by PROJECT.
Financial responsibility for utility relocation is set forth
in section I, Article 6 and Section II, Article 15.
08-SBd-10-24.7/26.3
Page 3
(9) To accept title to right of way provided by CITY following
review by STATE to insure CITY has conformed to Federal
Highway Administration (FHWA) regulations in the acquisition
of said right of way.
(10) To fund actual construction costs for widening of the existing
westbound Waterman Avenue entrance ramp and channelization to
Route 215 north and south.
(11) To advertise, award, and administer the construction contract
for PROJECT, fund all actual construction engineering costs
for PROJECT, and provide construction permits for PROJECT.
(12) After opening of bids, STATE shall provide a Schedule of
Projected Monthly Reimbursable Expenditures for construction
costs of CITY's portion of PROJECT.
(13) To provide CITY quarterly reports of actual expenditures
compared to the estimates (basis for scheduled deposits) and
updated planned reimbursement schedules. The cash deposit
amounts may be revised based on the updated planned
expenditure schedules. STATE will monitor the actual versus
the planned expenditures monthly to assure that CITY's advance
deposits, pursuant to Section II, Article 17 will always be
sufficient.
(14) To submit to CITY a final report of expenditures for portions
of PROJECT that is CITY responsibility within thirty (30) days
after completion and acceptance of the construction contract
for PROJECT.
(15) To return any remaining CITY funds deposited with STATE,
pursuant to Section II, Article 17, within thirty (30) days
after completion and acceptance of the construction contract
for PROJECT and delivery of acceptable title to the rights of
way in accordance with Section II, Article 11.
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(16) To operate the traffic control signal for the intersection of
Hospitality Lane and carnegie Drive as installed and pay 100%
of the operation cost.
(17) To maintain the entire traffic control signal and safety
lighting for the intersection of Hospitality Lane and carnegie
Drive and pay an amount equal to 25% of the total maintenance
costs, including electrical energy costs.
08-SBd-10-24.7/26.3
Page 4
SECTION II
CITY AGREES:
(1) To prepare the PS&E for said PROJECT with CITY Consultant
forces. The PS&E is to be prepared in accordance with STATE's
laws, rules, regulations, policies, procedures, manuals,
standard plans, specifications, and other standards as
provided by the STATE in accordance with Section I, Article
1 of this Agreement. Said PS&E is to be subject to an ongoing
review, formal draft, final review and approval by STATE.
The CITY Consultant or its subconsultant shall not incorporate
in the design any materials or equipment of single or sole
source origin without the written approval of STATE.
Proprietary names of material or equipment shall not be used
on the plans or in the specifications.
(2) To fund one hundred (100) percent of all preliminary
engineering costs for PROJECT.
(3) To have detailed Plans, Specifications and Estimate (PS&E)
prepared at no cost to STATE and to submit each to STATE for
review and approval at appropriate stages of development.
Final plans shall be signed by a civil Engineer registered in
the State of California.
(4) To permit STATE to participate in the selection of consultants
if consultants will perform right of way activities. CITY
also agrees, if requested by STATE, to discontinue the
services of any consultant considered by STATE to be
unqualified, on the basis of credentials, professional
expertise, and failure to perform.
(5) CITY and/or consultants will be available to STATE through
completion of construction of PROJECT to discuss problems
which may arise during construction or to make design
revisions for contract change orders.
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(6) Not to use Federal aid funds for design of PROJECT.
(7) To make formal application to STATE for necessary encroachment
permits authorizing entry onto STATE's right of way to perform
surveying and other investigative activities required for
preparation of PS&E.
(8) To perform all right of way activities, including acquisition
of all permits and rights necessary for the construction,
operation, and maintenance of the improvements crossing San
08-SBd-l0-24.7/26.3
Page 5
Timoteo Creek (except as noted in section I, Articles 6 and
7 and excluding contractor's permits), at no cost to STATE,
in accordance with procedures acceptable to STATE, and in
compliance with all applicable State and Federal laws and
regulations, subject to STATE oversight, to assure that the
completed work is acceptable for incorporation into the State
Highway System.
(9) If outside right of way consultants are employed,
administration of the consultant contract shall be performed
by qualified public agency employees.
(10) To certify legal and physical control of rights of way ready
for construction, excluding that referred to in Section I,
Article 7, and that all rights of way were acquired in
accordance with applicable State and Federal laws and
regulations subject to review and concurrence by STATE prior
to the advertisement for bids for construction of PROJECT.
(11) To deliver to STATE legal title to the right of way, free and
clear of all liens and encumbrances detrimental to STATE's
present and future uses not later than the date of acceptance
by STATE of maintenance and operation of the highway facility,
excluding that referred to in section I, Article 7.
Acceptance of said title by STATE is subject to a review of
a policy of Title Insurance in STATE's name to be provided and
paid for by CITY. Final right of way maps shall be signed by
a civil Engineer registered in the State of California.
(12) To furnish to STATE as soon as available reproducible project
plans and utility conflict maps adequate for utility
relocation planning purposes to permit STATE to proceed with
its obligation pursuant to Section I, Article 8.
(13) To furnish to STATE, final reproducible right of way maps,
prepared to State standards, prior to STATE's commencement of
appraisals for STATE acquired right of way.
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(14) To provide STATE, records of the acquisition of rights of way,
including, but not limited to, correspondence, agreements,
deeds, contracts, notices and summaries.
(15) To pay expenses, if any, for the relocation of affected public
utilities for the project, excluding STATE's utility
obligation set forth in Section I, Article 6. Liability for
utility relocations and/or protection shall be in accordance
with appropriate Master Contracts and prior rights of the
affected utility Companies and will be handled in accordance
08-SBd-10-24.7/26.3
Page 6
wi th STATE's customary relocation procedures. Relocation
billing, if any, when received by STATE from utility companies
shall be forwarded to CITY for payment.
(16) certification by CITY's responsible fiscal officer that funds
of $1,015,000, which is CITY's estimated share of construction
cost, are budgeted and available for payment to STATE shall
be made part of this Agreement. These funds shall be
deposited to STATE in payments as specified in section II,
Article 17.
(17) Before commencement of construction activities, CITY shall
deposit with STATE the amount of $200,000, said amount
represents two (2) months estimated costs of construction on
CITY portion. Thereafter CITY will provide STATE with advance
cash deposits ten (10) working days preceding the beginning
of the month of planned expenditures. Such deposits will be
based on a planned expenditure schedule to be provided by
STATE according to Section I, Article 12. CITY further agrees
to make additional advance deposits if costs of construction
on CITY portion are expected to exceed the original deposits.
In the event CITY fails to make said deposits within thirty
(30) days of the scheduled due date, STATE will direct the
State Controller to withhold an equal amount from future
payments due CITY from the Highway Users Account and transfer
said amount to STATE.
(18) To fund actual construction costs of the westbound exit ramp
to carnegie Drive and auxiliary lane on Route 10 from
Tippecanoe Avenue westbound entrance ramp to the new exit
ramp.
(19) To fund actual construction costs for signalization and
lighting of the intersection of Hospitality Lane and carnegie
Drive.
(20) To reimburse STATE for CITY's proportionate share of the cost
of maintenance of the traffic control signal and safety
lighting, such share to be an amount equal to 75% of the total
maintenance costs, inCluding electrical energy costs.
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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
08-SBd-10-24.7/26.3
Page 7
and the allocation of resources by the California
Transportation Commission.
(2) The estimated CITY's and STATE's share of construction and
right of way costs for the proposed Waterman Avenue ramp
improvements and auxiliary lane are shown in Table I. CITY's
right of way acquisition cost is an approximate value of the
land it is to receive, at no cost, for the construction of the
new westbound off-ramp and auxiliary lane. (The land donation
was confirmed in a letter from CITY dated April 29, 1988.)
(3) Should any claim arising out of PROJECT be asserted against
STATE, CITY agrees to extend the termination date of this
Agreement and provide additional funding as required to cover
CITY's share of costs or execute a subsequent agreement to
cover those eventualities. CITY's share of costs will be
the percentage of the CITY's portion of the actual
construction cost to the total actual project construction
cost.
(4) The CITY shall designate a project Coordinator and the STATE
shall designate a Contract Administrator through whom all
communications between the two agencies shall be channeled.
The Project Coordinator and Contract Administrator shall
review the work of the CITY Consultant during performances of
the PROJECT PS&E work.
(5)
Upon completion of all work under this Agreement, ownership
and title to all engineering reports, documents, plans,
specifications, and estimates including the resident engineer
memorandums, and estimate backups produced as part of this
PROJECT shall automatically be vested in the STATE and no
further Agreement will be necessary to transfer ownership to
the STATE.
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(6) It is understood and agreed that 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
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
08-SBd-10-24.7/26.3
Page 8
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement.
(7) It is understood and agreed that neither CITY 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 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 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 in Government Code Section 810.8) occurring by reasons
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.
(8) Prior to award of a construction contract, CITY may terminate
the PROJECT and this Agreement in writing, provided the CITY
reimburses STATE for all PROJECT costs incurred prior to
termination.
(9) If, upon opening of bids, it is found that a cost overrun 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 8 of this Section III.
(10) That upon completion of all work under this Agreement,
ownership and title to materials, equipment and appurtenances
which are installed within STATE's right of way will
automatically be vested in STATE, and materials, equipment and
appurtenances installed outside of STATE's rights of way will
automatically be vested in CITY. No further agreement will
be necessary to transfer ownership as hereinabove stated.
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(11) Except as otherwise provided in Article (8) above of this
section III, this Agreement shall terminate upon completion
and acceptance of the construction contract for PROJECT or on
January 1, 1992, whichever is earlier in time; however, the
ownership, operation, maintenance and claims clauses shall
remain in effect until terminated or modified in writing by
mutual agreement. Any STATE refunds due CITY shall be
determined after final accounting of costs. Should any claim
arising out of this project be asserted against STATE, CITY
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08-SBd-10-24.7/26.3
Page 9
agrees to extend the termination date of this Agreement and
provide additional funding as required to cover CITY's share
of costs or execute a subsequent agreement to cover those
eventualities.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their respective officers, duly authorized, the
provisions of which Agreement are effective as of the day, month,
and year first hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SAN BERNARDINO
BYG;.itt.J J4~~
Evlyn W cox,'Mayor
ATTEST: ~;Wj/~#
, city Clerk
J//[/rr
ROBERT K. BEST
Director of Transportation
BY~~
District Director
APPROVED AS TO FORM AND
PROCEDURE'
APPROVED AS TO LEGAL FORM: AND
CONTENT:
{L7,~
~ City Attorney
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District Accounting Officer il~C-
I hereby certify upon my
own personal knowledge that
budgeted funds are ~
available for the period ~
and purpose of payment to C''-
STATE as stipulated in this ~
Agreement.
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city Fiscal Officer
CERTIFIED AS TO FUNDS AND PROCEDURE:
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Table I
08-SBd-10-24.7/26.3
Page 10
Waterman Avenue at Route 10
Estimated Interchange Improvement Costs
Construction
Exit Ramp and
Signalization
CITY $1,015,000
Entrance Ramp and
Freeway Channelization
STATE 1.255.000
TOTAL $2,270,000
Riaht of Way
$2,894,000
216.000
$3,110,000
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