HomeMy WebLinkAbout1988-106
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1 RESOLUTION NO. 88-106
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA RELATING
3 TO THE INSTALLATION OF TRAFFIC SIGNALS AT SECOND STREET AND ROUTE
1-215 FREEWAY RAMPS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, District Agreement No. 8-603 with the State of California
9 relating to the installation of Traffic Signals at Second Street
10 and Route 1-215 Freeway Ramps.
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SECTION 2. The aqreement shall not take effect until
12 fully signed Rnd executed by both parties. The City shall not be
13 obl igatcd hereunder unless and until the agreement is fully
14 executed and no oral agreement relating thereto shall be implied
15 or authorized.
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SECTION 3. Resolution No. 88-74 is hereby rescinded.
I HEREBY CERTIFY that the foregoing resolution was
18 duly adopted by the Mayor and Common Council of the City of San
19 Berna rd i no a t a _~ular
meeting thereof, held on the 4th
20 day of April , 1988, by the follovJinf) vote, to-wit:
21 AYES: Council Members Estrada, Reilly, Flores,
22 Maudsley, Mi_nor ,~ClQ?-Ludlam, Miller
23 NAYS: None
24 ABSENT: None
25
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27 -~~~
/ ity Clerk
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3/22/88
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Resolu.t.ion 'Authorizing the Execution of an Agreement'.... Rela,ting
to the Installation of Traffic Signals at Second Street and Route
1-215 Freeway Ramps.
The foregoing resolution is hereby approved this &(1 day
of
, 1988.
.~ril
liiJ~l~l/~ .~ ~.r/.
E yn 1 cox, ayo
City of San Bernardino
Approved as to form and legal content:
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en Attorney
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3/23/88
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08-S8d~ 5-6.7
08252 - 303701
Construct Traffic
Signals at Second St.
Ramp Terminals
District Agreement No.8-603
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on ~ lo
19~, 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 114, are authorized to enter into a cooperative
agreement for improvements to ~tate highways within CITY.
(2) STATE is prepared to authorize CITY to assist in the design
of traffic control signals and safety lighting at the
intersections of the interchnnge ramp terMin~ls of Interstate
Route 215 with Second Street, referred to herein as
"PROJECT".
(3) CITY desires to prepare plans, specifications, and estiMates
(PS&E) for PROJECT in order to bring about the earliest
possible construction of PPOJECT.
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(4) CITY will benefit from early construction of PROJECT due to
the expected reduction in congestion of traffic between
Interstate Route 215 and the Central City Mall.
(5) STATE and CITY do mutually desire to cooperate in the design
of the PROJECT and desire to specify herein the terms and
conditions under which PROJECT is to be designed.
(6) 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 any remainder of the costs as set forth
herein.
SECTION I
STATE AGREES:
(1) To provide CITY with necessary regulations, policies,
procedures, manuals, standard plans and specifications, and
other standards required for the preparation of PS&E for
PROJECT.
(2) To work with CITY to assure that required St~te and Federal
procedures are followed.
(3) To provide prompt reviews and approvals as appropriate of
submittals by CITY, and to cooperate in ti~ely processing of
PS& E.
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(4) To deposit with CITY within 30 d~ys of execution of this
Agr~ement, the sum of $2,000.00 which represents 50% of the
estimated costs for the total PS&E work to be done on PROJECT
by CITY forces and to reimburse CITY for the remainder within
30 days after the receipt of the completed PS~E and receipt
of billing, for all non-salary expenses, and actual and
direct labor costs plus fringe bp.nefits and overhead.
(5) To provide necessary encroachment permits, and all rights of
entry and permits to enter, related to PROJECT including but
not limited to those required for design investigations and
surveys.
(6) To award and administer a contract to construct PROJECT in
conformance to plans prepared by CITY.
(7) To operate the traffic control signal as installed and pay
100% of the operation cost.
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SECTION II
CITY AGREES:
(1) To prepare PS&E for PROJECT with CITY forces. The PS&E are
to be prepared in accordance with STATE's laws, rules,
regulations, policies, procedures, manuals, standard plans
and specifications, and other standards including compliance
with Federal Highway Administration (FHWA) requirements, as
provided by STATE in accordance with Section I, Article 1 of
this Agreement. Final approval of the PS&E shall be by STATE
and FHWA. The CITY shall not incorporate in "the design any
materials or equipment of single or sole source origin
without the written approval of the STATE.
(2) To acquire and furnish the necessary rights of way, if any,
required outside of the State Highway rights of way.
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(3) To comply with the requirements of Volume 7, Federal-Aid
Highway Program Manual when acquiring rights of way.
(4) To identify and locate all high and low risk underground
facilities within the PROJECT area in accordance with STATE's
"Manual on High and Low Risk Underground Facilities within
Highway Rights of Way." Costs of locating, and identifying,
such high and low risk facilities on the plans shall be
included in costs paid to CITY for the preparation of
preliminary engineering. CITY hereby acknowledges the
receipt of STATE's "Manual on High and Low Risk Underground
Facilities within ijighway Rights of Way."
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(5) To furnish STATE, prior to commencing work on the PROJECT, a
proposed time schedule to complete the PS&E for this
PROJECT.
(6) To have the final design documents and drawings of
structural, mechanical, electrical, civil, architectural, or
other engineering features of the PROJECT prepared by or
under the direction of engineers or architects registered and
licensed in the applicable professional field in the State of
California. Any reports, the specifications; and each sheet
of plans shall bear the professional seal, certificate
number, registration classification, expiration date of
certificate, and signature of the professional engineer
responsible for their preparation.
and other evidence pertaining to costs incurred, and make
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(7) To retain all books, documents, papers, accounting records,
such materials available at the respective offices of the
CITY for three years from the date of final payment under the
contract. The STATE, FHWA, or any duly authorized
representative of the Federal Government shall have access to
any books, records, and documents of CITY that are pertinent
to the contract for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if
requested.
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(8) To reimburse STATE for CITY's proportionate share of the cost
of maintenance of said traffic control signal and safety
lighting, such share to be an amount equal to 50% of the
total maintenance costs, including electrical energy costs at
the Easterly ramp terminals and 67% of the total maintenance
costs, including electrical energy costs at the Westerly ramp
terminal.
(9) That the total cost to STATE for CITY preparation of PS&E
including all non-salary expenses, and actual and direct
labor cost plus fringe benefits and overhead and including
all other requirements contained in this SECTION II shall not
exceed the sum of $5,000.00.
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SECTION ILI
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement
are contingent upon the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
(2) The total cost reimbursement payable by STATE to CITY under
this Agreement will be subject to audit verification as to
all elements of costs and fees charged. The total may be
increased by amendment to this Agreement.
(3) Actual cost reimbursed, dir~ct and indirect, shall be in
conformance with procedures set forth in STATE's Cost
Principles and Procedures, Chapter 1, Part 31, CFR 48. CITY
also agrees to comply with Federal Procedures in accordance
with Office of Management and Budget Circular A-102, Uniform
local Government.
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Administrative Requirements for Grants-in-Aid to STATE and
(4) STATE shall designate a State Project Coordinator and CrTY
shall designate a representative through whom all
communications between the two agencies shall be channeled.
The State Project Coordinator shall review the work of CITY,
during performance of PROJECT work.
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(5) Upon completion of all work unde~ this Agreement, ownership
and. title to all engineering reports, documents, plans,
specifications, and estimates including resident engineer
memos and estimates backups produced as part of this PROJECT
will automatically be vested in the STATE and no further
agreement will be necessary to transfer ownership to the
STATE. CrTY will furnish STATE all necessary copies of
plans, specifications, and estimates to complete review and
approval process, and upon completion of PS&E will transfer
all PROJECT documents to STATE.
(6) 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 of such utilities. If
there are costs of such protection, relocation or removal
which the STATE and CITY must legally pay, STATE and CITY
will share in the cost of said protection, relocation or
removal in the amount of 50~ STATE and 50~ CITY.
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(7) 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
injuries to or death of any person or damage to property
resulting from anything done or omitted to be done by the
CITY under or in connection with any work, authority or
jurisdiction delegated to the CITY under this Agreement.
(8) 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
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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 the CITY from all claims, suits, or actions
of every name, kind and description brought for or on account
of injuries to or death of any person or damage to property
resulting from anything done or omitted to be done by STATE
under or in connection with any work, authority or
jurisdiction delegated to the STATE under this Agreement.
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(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) STATE reserves the right to terminate this Agreement upon
written notice to CITY. At the time of termination, CITY
will be paid for work accomplished and delivered in
accordance with the terms of this Agreement. All engineering
documents, including raw data and draft plans,
specifications, and estimates, prepared up to the time of
termination shall become property of the STATE.
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(11) This Agreement shall terminate upon completion and acceptance
of the PROJECT construction contract by STATE, or on
January 1, 1991, whichever is earlier in time, unless all
parties agree to an extension of time.
STATE OF CALIFORNIA CITY OF SAN BERNARDINO
Departme.nt of Transportation U
~~~:~~m Li)i~:~~~~ of TransportationBy ~&{~ _'1-V ;II ,Jf~/
Ma yor
By 1[f;&{tL'--Q~(c:J
Dist~ict irector
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ATT EST:
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City Clerk
TO FORM AND
APPROVED AS TO FORM:
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CERTIFIED AS TO FUNDS AND
PROCEDURE:
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Dlstrict Accounting Officer
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8-SBd-215-6.7
08252-303701
At Second Street
Ramp Terminals
EXHIBIT ~
ESTIMATE OF COST
T ota 1 City State Federal
$133,000 ($ 66,500) ($ 66,500) $133,000
39,000 ( 19,500) ( 19,500) 39,000
172,000 86,000) 86,000) 172,000
Description
Construction
Signals
Roadwork
Subtotal
Preliminary
Engineering
City Estimate
(not to exceed
$5,000)
$ 4,000
Construction $ 25,800
Engineering
(15~)
State Furnished
Materials $ 15,000
Utilities
TOTALS
$216,800
$ 2,000
$ 2,000
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-0- ($ 25,800) $ 25,800 ~
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($ 7,500) ($ 7,500) $ 15,000
(*50~) (*50~) 100~
($108,400) ($108,000) $212,800
$ 2,000 $ 2,000
( ) = City and State shares before Feder~l-Aid p3yment.
.See SECTION III, Item (6) - costs of protection, relocation or removal of
utilities is eligible for Fpderal-Aid participation if required under
construction contract.
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