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RESOLUTION (ID # 3850) DOC ID: 3850 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Tony Frossard M/CC Meeting Date: 06/01/2015
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Cooperative Agreement No. 08-1607 with the State of California Department of
Transportation Authorizing Funding for a Traffic Signal at the Interstate 215/Waterman
Avenue On-Ramp. (#3850)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Caltrans is providing all funding for this project, therefore, there will be no impact to the
budget.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
On March 19, 2015, a letter was received from the California Department of
Transportation (Caltrans) District 8 requesting that the City execute Cooperative
Agreement No. 08-1607 (See attached Exhibit A). This Cooperative Agreement
provides that the City will design and construct a traffic signal at the Waterman Avenue
On-Ramp to the 1-215. See Attached Aerial Photo. This westbound on-ramp is located
immediately north of the 1-10 freeway, but, due to weaving concerns, it is designed to
prevent traffic from entering the 1-10 westbound. Traffic using the ramp must proceed
either north or south on the 1-215.
The on-ramp is currently unsignalized and the City has received complaints that, due to
the heavy traffic on southbound Waterman Avenue, it if difficult for northbound left
turning traffic to safely make the turn onto the ramp. It is anticipated that only the left
turning and the southbound movements need to be controlled. The northbound through
traffic on Waterman Avenue will continue to flow freely.
Caltrans has agreed to fund the Project up to the amount of $200,000 using State
Highway Operation and Protection (SHOPP) Minor B funds. The SHOPP program was
authorized under Government Code section 14526.5, Streets and Highways Code
section 164.6, and the strategies outlined in Caltrans Policies for Management of the
SHOPP. The SHOPP is a four-year program of projects for Fiscal Years (FYs) 2014-15
Updated: 5/27/2015 by Georgeann "Gigi" Hanna A I Packet Pg. 164
5.L
3850
through 2017-18, that has the purpose of collision reduction, restoring damaged
roadways, bridge preservation, roadway preservation, roadside preservation, mobility
enhancement, and preservation of other transportation facilities related to the state
highway system.
In order to obtain the funding, the City must commit, by executing Cooperative
Agreement No. 08-1607, to design and construct the signal in accordance with Caltrans
standards. Caltrans will provide Independent Quality Assurance (IQA) at no cost to the
City. The City will be able to invoice Caltrans for the $200,000 as soon as this
Cooperative Agreement is approved by both parties.
This is a relatively simple traffic signal and it is anticipated that the cost will not exceed
the $200,000 being allocated. If the City fails to complete the construction of the signal
the City will be required to refund the full amount of Caltrans' contribution.
City Attorney Review:
Supporting Documents:
RESO Caltrans Coop Agreement for Waterman On-Ramp to 1-215 (DOC)
agrmt 3850 (PDF)
Aerial Photo Waterman On-Ramp to 1-215 (JPG)
Updated: 5/27/2015 by Georgeann "Gigi" Hanna A Packet Pg. 165
RESOLUTION NO.
1 �
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. 08-1607
3 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 5
4 AUTHORIZING FUNDING FOR A TRAFFIC SIGNAL AT THE INTERSTATE v
215/WATERMAN AVENUE ON-RAMP.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: E
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7 SECTION 1. The City Manager is hereby authorized and directed to execute, on Q
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8 behalf of the City, Cooperative Agreement No. 08-1607 with the State of California 0
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Department of Transportation authorizing funding for a traffic signal at the Interstate Ln
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11 215/Waterman Avenue on-ramp, attached and incorporated herein as Exhibit"A".
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12 SECTION 2. The authorization to execute the above-referenced Agreement is
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13 rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this r
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. 08-1607
2 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION °
AUTHORIZING FUNDING FOR A TRAFFIC SIGNAL AT THE INTERSTATE _
3 215/WATERMAN AVENUE ON-RAMP.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 3
6 Common Council of the City of San Bernardino at a meeting E
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7 thereof, held on the day of , 2015,by the following vote, to wit: Q
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Council Members: AYES NAYS ABSTAIN ABSENT v
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10 MARQUEZ 0
11 BARRIOS o
12 VALDIVIA a�i
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SHORETT r
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15 NICKEL E
16 JOHNSON
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17 MULVIHILL o
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19 Georgeann Hanna, City Clerk 0
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The foregoing resolution is hereby approved this day of , 2015. aEi
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23 R. CAREY DAVIS, Mayor
City of San Bernardino =
24 Approved as to form:
GARY D. SAENZ, L)
25 City Attorney N
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By:
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EXHIBIT"A" 08-SBD-10-24.8
EA: I C480
Project Number: 0812000320
Agreement 08-1607
COOPERATIVE AGREEMENT
State SHOPP Minor Funds Contribution E
This Agreement,effective on..---__ __ _ _ ,is between the State of p
California,acting through its Department of Transportation,referred to as CALTRANS, and: r
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City of San Bernardino, a body politic and municipal corporation or chartered city of the 06
State of California,referred to hereinafter as CITY. Q
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RECITALS
1. PARTNERS are authorized to enter into a cooperative agreement for improvements to fQ
the state highway system(SHS)per the California Streets and Highways Code sections
114 and 130.
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2. This Agreement shall have no force or effect until CITY has obtained an encroachment
permit from CALTRANS.
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3. CITY intends to install traffic signals at Interstate 215/Waterman Avenue on-ramp in the
city of San Bernardino,within the SHS and is referred to herein as PROJECT. w
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4. CITY will follow the CALTRANS encroachment permit process in order to complete the
PROJECT. 3
5. CALTRANS will pay CITY in the amount of$200,000 from SHOPP Minor B funds E
required for PROJECT.
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6. PARTNERS hereby set forth the terms, covenants, and conditions for CALTRANS' o
contribution toward the PROJECT. °
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7. CITY is responsible for completing all work for the PROJECT. co
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8. At no cost to CITY, CALTRANS will provide IQA to assure CITY'S work is performed
in accordance with CALTRANS' current policies,procedures,standards, and practices.
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INVOICE &PAYMENT
9. CITY will invoice CALTRANS for a lump sum amount of$200,000 thirty(30)working
days after award of PROJECT.
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Agreement 08-1607
10. PARTNERS agree that the total amount of SHOPP Minor B funds paid out to CITY will
not exceed$200,000.
11. CALTRANS will pay CITY within forty-five(45)calendar days of receipt of invoices.
GENERAL CONDITIONS o
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12. All obligations of CALTRANS under the terms of this Agreement are subject to the N
appropriation of resources by the Legislature,the State Budget Act authority, and the °;
Agreement 08-1607
22. Neither CITY nor any officer or employee thereof is responsible for any injury,damage
or liability occurring by reason of anything done or omitted to be done by CALTRANS,
its contractors, sub-contractors, and/or its agents under or in connection with any work,
authority,or jurisdiction conferred upon CALTRANS under this Agreement. It is
understood and agreed that CALTRANS,to the extent permitted by law,will defend,
indemnify, and save harmless CITY and all of its officers and employees from all claims,
suits,or actions of every name,kind,and description brought forth under,but not limited o
to,tortious, contractual, inverse condemnation,or other theories and assertions of liability N
occurring by reason of anything done or omitted to be done by CALTRANS,its
contractors, sub-contractors,and/or its agents under this Agreement. °>
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23. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage,or liability occurring by reason of anything done or omitted to be done by CITY,
its contractors, sub-contractors,and/or its agents under or in connection with any work,
authority, or jurisdiction conferred upon CITY under this Agreement. It is understood
and agreed that CITY,to the extent permitted by law,will defend, indemnify,and save
harmless CALTRANS and all of its officers and employees from all claims, suits, or
actions of every name, kind, and description brought forth under, but not limited to, rn
tortious, contractual,inverse condemnation,or other theories and assertions of liability
occurring by reason of anything done or omitted to be done by CITY,its contractors, sub-
contractors,and/or its agents under this Agreement. o
24. If the work performed on this Project is done under contract and falls within the Labor L
Code section 1720 a 1 definition of"public works"in that it is)( } u z o construction alteration
demolition, installation,or repair; or maintenance work under Labor Code section 1771 v
CITY must conform to the provisions of Labor Code sections 1720 through 1815,and all
applicable provisions of California Code of Regulations found in Title 8,Chapter 8,
Subchapter 3,Articles 1-7. CITY agrees to include prevailing wage requirements in its
contracts for public work. Work performed by City's own forces is exempt from the d
Labor Code's Prevailing Wage requirements. C
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CITY shall require its contractors to include prevailing wage requirements in all $
subcontracts funded by this Agreement when the work to be performed by the
subcontractor is "public works" as defined in Labor Code Section 1720(a)(1)and Labor
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Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth °M°
in CITY contracts. o
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25. This Agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding pertaining to PROJECT.
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26. Unless otherwise documented in a maintenance agreement, CITY will maintain all
PROJECT improvements. _
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27. This Agreement will terminate upon CALTRANS' acceptance of the PROJECT. Q
However, all indemnification and maintenance articles of this Agreement will remain in
effect until terminated or modified in writing by mutual agreement.
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Agreement 08-1607
DEFINITIONS
IQA(Independent Quality Assurance)—CALTRANS' efforts to ensure that another a
PARTNER's quality assurance activities are in accordance with the applicable standards and the M
PROJECT's Quality Management Plan(QMP). When CALTRANS performs IQA it does not
develop,produce,validate,verify, re-check,or quality control another PARTNER's work o
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products. N
HM-1—Hazardous material(including,but not limited to,hazardous waste)that may require 0�1 6
removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. a
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HM-2—Hazardous material (including,but not limited to,hazardous waste)that may require
removal and disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES—Management activities related to either HM-1 or HM-2
including,without limitation,any necessary manifest requirements and disposal facility
designations. co
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PARTNERS--The term that collectively references all of the signatory agencies to this
Agreement. This term only describes the relationship between these agencies to work together to 0
achieve a mutually beneficial goal.It is not used in the traditional legal sense in which one y
PARTNER's individual actions legally bind the other parties. L
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Agreement 08-1607
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTNER to
this Agreement.PARTNERS will notify each other in writing of any personnel or location changes. E
Contact information changes do not require an amendment to this Agreement.
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The primary Agreement contact person for CALTRANS is: o
Mustapha Iaali,Project Manager r
464 West 4th Street,6th Floor,MS 1229 N
San Bernardino,CA 92401-1400 06
Office Phone: (909)3835908 Q
Email:mustapha—iadi@dot.ca.gov
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The primary Agreement contact person for CITY is:
Mr.Mark Raab
Acting City Engineer
300 North D Street
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San Bernardino,CA
Office Phone: (909)384-5166
Email:raab m bcit .or ro
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Agreement 08-1607
SIGNA'TU RES
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PARTNERS declare that:
1. Each PARTNER is an authorized legal entity under California state law.
2. Each PARTNER has the authority to enter into this Agreement. o
3. The people signing this Agreement have the authority to do so on behalf of their public N
agencies.
STATE OF CALIFORNIA CITY OF SAN BERNARDINO
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DEPARTMENT OF TRANSPORTATION E
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John Bulinski AIlen Parker
Interim District 8 Director City Manager W
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CERTIFIED AS TO FUNDS: APPROVED AS TO FORM: N
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Lisa Pacheco Clary i;Saenz
District Budget Manager City Attomey
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