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Home My WebLink About1990-276 ..._-~- I I 1 RESOLUTION NO. 90-276 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF COOPERATIVE 3 AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO MODIFICATION OF 4 TRAFFIC SIGNALS AT HIGHLAND AVENUE (STATE ROUTE 30) AND PALM AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION ONE: The Mayor of the City of San Bernardino 8 is hereby authorized to execute, in behalf of said City, the 9 Cooperative Agreement between said City and the State of 10 California, acting by and through its Department of Trans- 11 portation, relating to modification of traffic signals at 12 Highland Avenue (State Route 30) and Palm Avenue, a copy of 13 which is attached hereto marked Exhibit "A" and incorporated 14 herein by reference as fully as though set forth at length 15 herein. 16 SECTION TWO: The agreement shall not take effect until 17 fully signed and executed by all parties. The City shall not be 18 obligated hereunder unless and until the agreement is fully 19 executed and no oral agreement relating thereto shall be 20 implied or authorized. 21 SECTION THREE: The authorization to execute the above.- 22 referenced agreement is rescinded if the parties to the 23 agreement fail to execute it wi thin sixty (60) days of the 24 passage of this resolution. 25 / / / / 26 / / / / 27 / / / / 28 / / / / 06-07-90 RGH:rs 28 RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH DEPARTMENT OF TRANSPORTATION RELATING TO MODIFICATION OF TRAFFIC SIGNALS AT HIGHLAND AVENUE AND PALM AVENUE. 1 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 requldr meeting thereof, held on the 4 2nd day of Julv , 1990, by the following vote, to- 5 wit: 6 Council Members: AYES NAYS ABSTAIN 7 ESTRADA x 8 REILLY x 9 FLORES x 10 MAUDSLEY x 11 MINOR x ]2 POPE-LUDLAM 13 MILLER x 14 ]5 .A; /fk2~~ t:C~, A~ , Ci Y Clerk / The foregoing resolution is hereby approved this ~c~ ]6 17 /-~! / ' /~~~( /'~/ ///f< ~ , W~ R. Hol omb, Mayor Ci ty of San Bernardino day of .Jlll Y , 1990. ]8 19 20 21 Approved as to form and legal content: 22 James F. Penman 23 City Attorney 24 25 26 27 06-07-90 - 2 - \.,..r' 10 .p- 1 (p 08-SBd-30-28.8 At Palm Avenue Modification of Traffic Signals 08212 - 297101 DISTRICT AGREEMENT NO. 8-630 COOPERATIVE AGREEMBRT THIS AGREEMENT, ENTERED INTO ON .J' U L-'t s 19-90 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 1 "- "CITY". RECITALS (1) STATE and CITY contemplate modifications to the :> 0") ~ r- existing traffic control signal and safety lighting at the intersection of Palm Avenue with State Highway Route 30, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, and maintained. EXHIBIT WAR ~J" SECTIOR I STATE 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 and to bear STATE'S share of the expense thereof, as shown on ~xhibit A attached and made a part of this Agreement. (2) To construct the PROJECT by contract in accordance with the plans and specifications of STATE. (3) To pay an amount equal to 50% of the PROJECT construction costs, as shown on Exhibit A but in no event shall o ~ ~ i- STATE'S total obligation for PROJECT construction costs, under this Agreement, excluding costs referred to in Section III, Article (9), exceed the amount of $123,300; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of PROJECT and all work incidental thereto, to furnish CITY, with a detailed statement of the portion of the engineering and construction costs to be borne by CITY, including resolution of any claims which may be filed by STATE's contractor, and to refund to CITY promptly after completion of STATE's audit any amount of CITY's deposit required 2 " in section !I, Article (1) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. (5) To maintain and operate the entire traffic control signal system and safety lighting as installed and to pay 50% of the maintenance costs and 100% of the operating costs. (6) To pay 50% of the electrical energy costs for the traffic control signal system and safety lighting at the intersection. SECTION II ,-.., '-' ~ ~, i- CITY AGREES: (1) To deposit with STATE within 25 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the amount of $107,250, which figure represents CITY's estimated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete the PROJECT, as shown on Exhibit A. CITY's total 3 " obligation for said anticipated project costs, exclusive of claims and excluding costs referred to in Section III, Article (9), under this Agreement shall not exceed the amount of $123,300; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY's share of the construction cost (estimated to be $85,000), shall be an amount equal to 50% of the total actual construction cost, including the cost of claims, the cost of the STATE defense of any claims and the cost of STATE-furnished material, if any, as determined after completion of work and upon final accounting of costs. (3) CITY's share of the expense of preliminary engineering :> 0) ~ 1'" shall be an amount equal to 10% of CITY's share of the actual final construction cost. (4) CITY's share of the expense of construction engineering shall be an amount equal to 15% of the CITY's share of the actual final construction cost. (5) To pay STATE upon completion of all work and within 20 days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY's financial obligation pursuant to this agreement. 4 i " (6) To enter into an Agreement with the STATE whereby CITY will pay 50% of the electrical energy costs and 50% of the total maintenance costs for the traffic control signal and safety lighting at the intersection. SECTION III 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 California Legislature and the allocation of resources by the California Transportation Commission. (2) STATE shall not award a contract for the work until after receipt of CITY's deposit required in section II, Article (1) . (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (4) That construction by STATE of improvements referred to herein which lie within CITY rights of way or affect CITY facilities, shall not be commenced until an Encroachment Permit authorizing such work has been issued by CITY therefor. 5 i.:.::J ::-- ~ 1'" ~ ~ ~ 1- ',- (5) After opening of bids CITY's estimate of cost will be revised based on actual bid prices. CITY'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. (6) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than 15% of the estimate will occur, STATE may award the contract. (7) If, upon opening of bids, it is found that a cost o en ~ i- 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 (9) of this Section III. (8) Prior to award of the construction contract for the PROJECT, CITY may terminate this Agreement by written notice, provided that CITY pays STATE for all costs incurred by STATE. (9) If termination of this Agreement is by mutual consent, STATE will bear 50% and CITY will bear 50% of all costs incurred 6 , , prior to termination, except that any utility relocation costs shall be prgrated in accordance with STATE's and CITY's respon- sibility for utility relocation costs. (10) If existing public and/or private utilities conflict with the construction of the PROJECT, STATE 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 the 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 50% STATE and 50% CITY. Required protection relocation or removal of utilities shall be ~ performed in accordance with STATE policy and procedure. CITY en ~ will pay its share at the time of final billing based on actual 1'" costs. (11) upon completion of all work under this Agreement, ownership and title to all signal, materials, equipment and appurtenances installed will be jointly shared in the ratio of 50% STATE and 50% CITY. (12) 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 7 work, applied in accordance with STATE's standard accounting procedures._ (13) 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 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. ~ ~ ~ 1'" (14) 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 not delegated to CITY 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 not delegated to CITY under this agreement. 8 (15) That, in the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a representative, if it so desires, and that said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's representative shall prevail on work within STATE's right of way. (16) 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 ~ O':J hereto. ~ 1'" (17) That this Agreement shall terminate upon completion and acceptance of the PROJECT construction contract by STATE or on January 1, 1992, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. Should any claim arising out of this project be asserted against STATE, CITY agrees to extend the termination date of this Agreement and 9 , provide additional funding as required to cover CITY's proportiona;e share of costs or execute a subsequent agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation CITY OF SAN BERNARDINO ~<,L istrict Director B~ Mayor, CI ,f..:S/9'o Attest: .Ar rJ~ ftLMf.. ~ city Clerk ~ ~ ~ I.'" ROBERT K. BEST Director of Transportation By Approved as to form and procedure /f 07 ransportation Certified as to funds and procedure 00 ~~~. Distr~ct counting Officer 10 - 08-SBd-30-28.8 At Palm Avenue Modification of Signals 08212 - 297101 -~~i ,~:~7 ~;,_.DISTRICT AGREEMENT NO. 8-630 EXHIBIT A ESTIMATE OF COST TOTAL COSTS CITY SHARE STATE SHARE Construction Cost $170,000 $85,000 $85,000 *Preliminary Engineering (10%) 17,000 8,500 8,500 *Construction Engineering (15%) 25,500 12,750 12,750 utilities 2.000 1.000 1. 000 TOTALS $214,500 $107,250 $107,250 o en ~ 1'" *FIXED ENGINEERING CHARGES According to Policy & Procedure No. P-77-37 PRELIMINARY ENGINEERING CONSTRUCTION COST (Thousands) CONSTRUCTION ENGINEERING 22 o - 50 % 22 % 17 50 - 75 20 15 75 - 100 18 13 100 - 150 16 10 150 - 250 15 11