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. CITY OF SAN BERNARDINO
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- REQUEST FOR COUNCIL ACTION
File N--' 11.42. CUP 91-26
Authorization to Execute Coopera-
Subject: tive Agreement with Department
of Transportation -- Construction
of Temporary Connection from
Route 330 -- WAL-MART Development
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From:
ROGER G. HARDGRAVE
Dept:
Public Works
Date:
10-30-91
Synopsis of Previous Council action:
08-19-91 -- Authorization granted for Mayor to execute a Memorandum
of Understanding with Caltrans relative to adjustment
of construction schedule for Route 30/330 Freeway
project, in order to acconunodate the target opening
date for Wal-Mart.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Tim Steinhaus
Al Boughey
Contact person:
Roqer G. Hardqrave
Staff Report, Agreement
& Resolution
Phone:
5025
Supporting data attached:
Ward:
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FUNDING REQUIREMENTS:
Amount: $70.000 (Bond Proceeds)
Source: IAcct. No.) To be determined bv EDA
IAcct. DescriPtion)
Finance:
r~ fJr
Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BER'ORDINO - REQUEST ryR COUNCIL ACTION
Page 1 of 2
The Wal-Mart Development, at Highland Avenue and Boulder
Avenue, has a target opening date of April, 1992. Certain im-
provements will need to be done on Highland Avenue, in, order to
handle the additional traffic projected to be generated by this
development.
STAFF REPORT
Basic street improvements will be installed on Highland
Avenue (current State Route 30), under Caltrans' contractor for
the Route 30/330 Freeway project. These improvements will be
done as one of the last phases of work, after mountain traffic
has been diverted to the new freeway. According to the
contractor's schedule, the improvements to Highland Avenue will
not be done until 1993.
Interim improvements will be needed on Highland Avenue, in
the event that this development opens for business prior to the
improvements in Ca1trans' project having been constructed. These
interim improvements will have to be removed to allow Ca1trans'
contractor to do the items of work in their contract. This will
create additional costs.
At the Council meeting of 8-14-91, the Mayor was
authorized to execute a Memorandum of Understanding with
Caltrans, relative to adjustment of the construction schedule for
Route 30/330 Freeway project. The Memorandum of Understanding
provides that Ca1trans will amend their contract to provide for
the installation of interim improvements. These interim improve-
ments will shift traffic to the ultimate alignment of Highland
Avenue. This shift will allow the developer to install traffic
signals at Highland Avenue and Boulder Avenue, and install access
provisions in their final location.
One of the provisions of the Memorandum of Understanding
is that Caltrans would prepare a Cooperative Agreement to
formally define the roles and responsibilities of both parties.
The proposed Cooperative Agreement was prepared pursuant to this
provision.
Under the terms of the proposed Cooperative Agreement,
Caltrans will issue a contract change order to their contractor
on the Route 30/330 project for construction of a temporary
connection. Caltrans will submit a billing to the City for the
estimated cost of $70,000. This amount will have to be paid
within 30 days after receipt of billing.
An item is scheduled to be on the Community Development
Commission meeting of 11-4-91 to re-allocate the available
balance from the project for widening the South "E" Street
10-30-91
15-0264
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CITY OF SAN BER~RDINO - REQUEST L9R COUNCIL ACTION
STAFF REPORT
Page 2 of 2
Bridge, to finance the improvements for the Wal-Mart Development
at Highland Avenue and Boulder. The estimated cost of $70,000
for the temporary connection will also be financed from these
bond proceeds.
URGENCY CLAUSE
The Development Agreement with Wal-Mart is scheduled to be on the
Council Supplemental Agenda of 11-4-91, in order to meet the
developer I s time frame for this development. This Cooperative
Agreement also needs to be approved on this date in order to
avoid delaying this development.
10-30-91
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION RELATING TO CONSTRUCTION OF A
TEMPORARY CONNECTION FROM EXISTING ROUTE 330 TO THE FUTURE
HIGHLAND/BOULDER AVENUES INTERSECTION.
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, and any amendments(s) to thQ
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
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executed and no oral agreement relating thereto shall be implied
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obligated
hereunder
unless
until
and
the
is
fully
agreement
or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
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passage of this resolution.
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10-28-91
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DEPARTMENT OF TRANSPORTATION RELATING TO TEMPORARY
Cc:1ECTION FROM ROUTE 330 TO<:)GHLAND/BOULDER AVENUES.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
Bernardino at a
day of
, 1991, by the following vote, to-wit:
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
NAYS
ABSTAIN
ABSENT
AYES
11 POPE-LUDLAM
12 MILLER
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day of
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Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
, 1991.
W. R. Holcomb, Mayor
19 Ci ty of San Bernardino
Approved as to form
20 and legal content:
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James F. Penman
City Attorney
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OS-SBd-30-R26.7/R30.3
OS-SBd-330-R2S.7/R30.3
OS204 - 157903
state Routes 30/330
City of SBd Arden Ave and
5th street city of Highland
District Agreement No. S-762
COOPERATIVE AGREEMENT
THIS AGREEMENT ENTERED INTO ON 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 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
(4)
at said location at an earlier stage of construction than
specified in the contract Special Provisions.
STATE is agreeable to perform all engineering and
construction activities for PROJECT as part of CONTRACT.
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.
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.
(5)
(6)
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 3~. ::J
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.
(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 OF
Mayor
JAMES W. VAN LOBEN SELS
Director of Transportation
Attest:
City Clerk
By
Approved as to form
and legal content:
KEN STEELE, District Director
APPROVED AS TO FORM AND PROCEDURE:
James F. Penman
City Attorney
CERTIFIED AS TO FUNDS AND PROCEDURE:
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Attorney, Department of Transportation
District Accounting Administrator
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