HomeMy WebLinkAbout04- Public Works L ELOPMENT DEPARTMENT OF TK-Ift
CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
From: Roger G. Hardgrave, Dir. Subject: Authorization to Exe-
of Public Works/City Engr. cute Construction Co-
operative Agreement -
State of California -
Date: 7-20-93 Improvement of Highland
Ave. , from Denair Avenue
to Boulder Avenue
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Synopsis of Previous Commission/Council/Committee Action:
03-07-92 - An amount of $800 , 000 included on list of projects to be
financed from Tax Allocation Bond Funds (at Commission
Budget Priority Workshop) .
09-08-92 - Allocation of $800 , 000 , from bond proceeds, approved to
finance costs of improvements on Highland Avenue.
09-08-92 - Resolution adopted authorizing execution of Design Reim-
bursement Agreement.
11-04-92 - Resolution No. 92-455 adopted authorizing execution of
Development Agreement No. 91-02.
03-08-93 - Plans approved and authorization granted to advertise
for bids, for permanent traffic signals, and installa-
tion of temporary traffic signals .
03-22-93 - Payment of $13 , 333, as City' s and EDA' s share, approved.
05-10-93 - Plans approved and authorization granted to advertise
for bids .
06-07-93 - Resolution No. 5367 adopted authorizing execution of a
Design Cooperative Agreement with Caltrans.
07-19-93 - Resolution No. 5372 adopted awarding a contract to Bear
Valley Paving for the low bid price of $552, 832 .
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Recommended Motion:
Adopt resolution.
Roger 4ra4,C
fAP_W_
P.W. /C.E.
cc: K. Henderson &Aexq
Timothy 8teinh us , Agenc.7 Administrator
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Contact Person: Roger G. Hardgrave Phone: 5025
Project Area: None Ward(s) : 4
Supporting Data Attached: Staff Retort, Agreement & Resolution
Tax Allocation
FUNDING REQUIREMENTS: Amount: $ 800 , 000 Source: Bond Funds
Budget Authority: Acct. #650-0170
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Commission/Council Notes:
Agenda Item No. :
DEPARTMENT OF PUBLIC WORKS
STAFF REPORT
Construction Cooperative Agreement
Improvement of Highland Avenue,
from Denair Avenue to Boulder Avenue
The Development Agreement with the Wal-Mart Developer provides
that certain improvements will be installed on Highland Avenue by
the Citv. Since Highland Avenue will not be relinquished to the
City until sometime in November, 1993 , an Encroachment Permit
will need to be acquired from Caltrans.
The proposed Construction Cooperative Agreement has been prepared
by Caltrans, in accordance with their procedures and regulations .
The proposed Agreement provides , in general, that the City will
have the improvements installed, in accordance with the approved
plans and to the satisfaction of Caltrans. Also, that Caltrans
will issue the necessary Encroachment Permit at no cost to the
City.
An amount of $800 , 000 has been allocated from bond proceeds,
under Account No. 650-0170 , to finance the total cost that will
be incurred for these improvements .
We recommend that the Construction Cooperative Agreement be
approved.
7-20-93
1 RESOLUTION NO. _
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONSTRUC^1ION
3 COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA RELATING TO
RESPONSIBILITIES FOR STREET IMPROVEMENTS ON HIGHLAND AVENUE, FROM
4 DENAIR AVENUE TO BOULDER AVENUE.
5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION,
ACTING ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1 . The Chairman of the Community Development
8 Commission is hereby authorized to execute, in behalf of said
9 City, a Construction Cooperative Agreement, including any
10 amendments to the Agreement, between said City and the State of
11 California, acting by and through its Department of
12 Transportation, relating to the construction of street
13 improvements on Highland Avenue (State Route 30) , from Denair
14 Avenue to Boulder Avenue; a copy of which is attached hereto
15 marked Exhibit "A" and incorporated herein by reference as fully
16 as though set forth at length herein.
17 SECTION 2 . The agreement shall not take effect until
18 fully signed and executed by all parties . The City shall not be
19 obligated hereunder unless and until the agreement is fully
20 executed and no oral agreement relating thereto shall be implied
21 or authorized.
22 SECTION 3 . The authorization to execute the above-
23 referenced agreement is rescinded if the parties to the agreement
24 fail to execute it within ninety (90) days of the passage of this
25 resolution.
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7-20-93
Lyv • AGREEMENT FOR IMPROVEMENTS ON HIGHLAND AVENUE.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Community Development Commission of the City of
3 San Bernardino at a meeting thereof, held on the
4 day of 1993 , by the following vote, to-wit:
5 Commission Members : AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 (OFFICE VACANT)
11 POPE-LUDLAM
12 MILLER
13
14
Secretary
15 The foregoing resolution is hereby approved this
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day of 1993 .
17
18 Tom Minor, Chairman
19 Community Development
Approved as to form Commission of
20 and legal content: City of San Bernardino
21
By
22 Agency Counsel
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08-SBd-30-29. 2/29. 6
Widening and Improvements
Between Denair Avenue and
South of Highland Avenue and
Boulder Avenue Intersection
District Agreement No. 8-868
08204 - 383201
CONSTRUCTION
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
COMMUNITY DEVELOPMENT COMMISSION OF
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) CITY desires to construct State highway improvements
consisting of widening Highland Avenue and Boulder Avenue,
signalization of Highland Avenue at Boulder Avenue and
Piedmont Drive intersections, landscaping of medians, and
construction of sewer and storm drains, on Route 30 in the
CITY of San Bernardino, referred to herein as PROJECT, and
is willing to fund one hundred percent (100%) of all capital
outlay and staffing costs, except that costs of STATE's
oversight of construction activities will be borne by STATE.
(3) CITY desires to prepare the contract documents and
advertise, award and administer the construction contract
for PROJECT in order to bring about the earliest possible
completion of PROJECT.
EXHIBIT "A'
�., 1
District Agreement No. 8-868
(4) STATE is agreeable to CITY's proposal to prepare the
contract documents and advertise, award and administer the
construction contract for PROJECT.
(5) The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be constructed,
financed and maintained.
(6) Project development responsibilities for PROJECT were
covered in a prior Cooperative Agreement executed by STATE
and CITY on June 7 , 1993 , (District Agreement No. 8-804,
Document No. 8847) .
SECTION I
CITY AGREES:
(1) To advertise, award and administer the construction contract
for PROJECT in accordance with requirements of the Local
Agency Public Construction Act and the California Labor
Code, including its prevailing wage provisions. Workers
employed in the performance of work contracted for by CITY,
and/or performed under Encroachment Permit, are covered by
provisions of the Labor Code in the same manner as are
workers employed by STATE's Contractors. CITY shall obtain
applicable wage rates from the State Department of
Industrial Relations and shall adhere to the applicable
provisions of the State Labor Code. Violations shall be
reported to the State Department of Industrial Relations.
(2) To apply for necessary Encroachment Permits for required
work within State highway rights of way, in accordance with
STATE's standard permit procedures, as more specifically
defined in Articles (2) , (3) , (4) , (5) and (6) of Section
III, of this Agreement.
(3) To require that the construction contractor furnish both a
payment and performance bond in CITY name, with both bonds
complying with the requirements set forth in Section 3-1.02
of STATE' s current Standard Specifications.
(4) To construct PROJECT in accordance with plans and
specifications of CITY to the satisfaction of and subject to
the approval of STATE.
(5) Contract Administration procedures shall conform to the
requirements set forth in STATE's Construction Manual, Local
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District Agreement No. 8-868
Programs Manual and the Encroachment Permit for construction
of PROJECT.
(6) Construction within the existing or ultimate STATE right of
way shall comply with the requirements in STATE's Standard
Specifications and PROJECT Special Provisions, and in
conformance with methods and practices specified in STATE's
Construction Manual.
(7) If CITY uses own staff to perform surveys, such surveys
shall conform to the methods, procedures, and requirements
of STATE' s Surveys Manual.
(8) Material testing and quality control shall conform to the
State Construction Manual and the State Material Testing
Manual, and be performed, at CITY expense, by a certified
material tester acceptable to STATE. Independent assurance
testing, specialty testing, and off-site source inspection
and testing shall be performed by STATE, at no cost to CITY
except as noted herein. CITY shall reimburse STATE for any
additional travel expenses incurred by STATE for off-site
inspection and testing performed by STATE which is more than
300 airline miles from both Sacramento and Los Angeles.
Approval of the type of asphalt and concrete plants shall be
by STATE, at STATE expense.
(9) To furnish, at CITY expense and subject to approval of
STATE, a field site representative who is a licensed Civil
Engineer in the State of California, to perform the
functions of a Resident Engineer. If the PROJECT plans and
specifications were prepared by a private engineering
company, the Resident Engineer shall not be an employee of
that company. The Resident Engineer shall also be
independent of the construction contractor.
(10) To pay one hundred percent (100%) of the actual costs of
construction required for satisfactory completion of
PROJECT, including changes pursuant to contract change
orders concurred with by the STATE representative and any
"State-furnished material".
(11) At CITY expense, to furnish qualified support staff, subject
to approval of STATE, to assist the Resident Engineer in,
but not limited to, construction surveys, soils and
foundation tests, measurement and computation of quantities,
testing of construction materials, checking shop drawings,
preparation of estimates and reports, preparation of As-
Built drawings, and other inspection and staff services
necessary to assure that the construction is being performed_
in accordance with the plans and specifications. Said
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District Agreement No. 8-868
qualified support staff shall be independent of the design
engineering company and construction contractor, except that
the PROJECT designer may check the shop drawings, do soils
foundation tests, test construction materials, and do
construction surveys.
(12) To make progress payments to the contractor using CITY funds
and pay all costs for required staff services as described
in Articles (9) and (11) of this Section I. The STATE
representative shall review all contract progress pay
schedules. STATE does not assume responsibility for
accuracy of itemization on progress pay schedules.
(13) Within sixty (60) days following the completion and
acceptance of the PROJECT construction contract, to furnish
STATE a complete set of acceptable full-sized film positive
reproducible As-Built plans and all contract records,
including survey documents and microfilm copy of all
structure plans.
(14) Upon completion of work under this Agreement, CITY will
assume maintenance and the expense thereof for any part of
PROJECT located outside of current STATE right of way until
acceptance of any such part of PROJECT into the State
highway system by STATE, approval by the Federal Highway
Administration, if required, and conveyance of acceptable
title to STATE.
(15) If CITY terminates PROJECT prior to completion of the
construction contract for PROJECT, STATE may require CITY,
at CITY's expense, to return right of way to its original
condition or to a condition of acceptable permanent
operation. If CITY fails to do so, STATE reserves the right
to finish PROJECT or place PROJECT in satisfactory permanent
operation condition. STATE will bill CITY for all actual
expenses incurred and CITY agrees to pay said expenses
within thirty (30) days or STATE, acting through the State
Controller, may withhold an equal amount from future
apportionments due CITY from the Highway User Tax Fund.
SECTION II
STATE AGREES:
(1) To issue, at no cost to CITY and CITY's contractor, upon
proper application by CITY and by CITY 's contractor, the
necessary Encroachment Permits for required work within
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District Agreement No. 8-868
State highway right of way, as more specifically defined in
Articles (2) , (3) , (4) and (5) of Section III, of this
Agreement.
(2) To provide, at no cost to CITY, a qualified STATE
representative who shall have authority to accept or reject
work and materials or to order any actions needed for public
safety or the preservation of property and to assure
compliance with all provisions of the Encroachment Permit(s)
issued to CITY and CITY's contractor.
(3) To provide, at CITY expense, any "State-furnished material"
as shown on the plans for PROJECT and as provided in the
Special Provisions for PROJECT.
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) Construction by CITY of improvements referred to herein
which lie within STATE highway rights of way or affect STATE
facilities, shall not be commenced until CITY's original
contract plans involving such work and plan for utility
relocations have been reviewed and approved by signature of
STATE' s District Director of Transportation, or the District
Director' s delegated agent, and until an Encroachment Permit
to CITY authorizing such work has been issued by STATE.
(3) CITY shall obtain aforesaid Encroachment Permit through the
office of State District Permit Engineer and CITY's
application shall be accompanied by five (5) * sets of
reduced construction plans of aforesaid STATE approved
contract plans. Receipt by CITY of the approved
Encroachment Permit shall constitute CITY's authorization
from STATE to proceed with work to be performed by CITY or
CITY's representatives within proposed STATE rights of way
or which affects STATE facilities, pursuant to work covered
by this Agreement. CITY's authorization to proceed with
said work shall be contingent upon CITY's compliance with
all provisions set forth in this Agreement and said
Encroachment Permit.
5
District Agreement No. 8-868
(4) CITY's construction contractor shall also be required to
obtain an Encroachment Permit from STATE prior to commencing
any work within STATE rights of way or which affects STATE
facilities. The application by CITY's contractor for said
Encroachment Permit shall be made through the office of
State District Permit Engineer and shall include proof said
contractor has payment and performance surety bonds covering
construction of PROJECT.
(5) CITY shall provide a right of way certification prior to the
granting of said Encroachment Permit by STATE, to certify
that legal and physical control of rights of way were
acquired in accordance with applicable State and Federal
laws and regulations.
(6) CITY shall not advertise for bids to construct PROJECT until
after an Encroachment Permit has been issued to CITY by
STATE.
(7) CITY' s construction contractor shall maintain in force,
until completion and acceptance of the PROJECT construction
contract, a policy of Contractual Liability Insurance,
including coverage of Bodily Injury Liability and Property
Damage Liability in accordance with Section 7-1. 12 of State
Standard Specifications. Such policy shall contain an
additional insured endorsement naming STATE, its officers,
agents and employees as additional insureds. Coverage shall
be evidenced by a Certificate of Insurance in a form
satisfactory to STATE which shall be delivered to STATE
before the issuance of an Encroachment Permit to CITY
contractor.
(8) Prior to award of the construction contract for PROJECT,
CITY may terminate this Agreement by written notice.
(9) In construction of said PROJECT, representatives of CITY and
STATE will cooperate and consult, and all work pursuant to
PROJECT shall be accomplished according to approved plans,
specifications and applicable STATE standards. Satisfaction
of these requirements shall be verified by the STATE
representative. The STATE representative is authorized to
enter CITY's property during construction for the purpose of
monitoring and coordinating construction activities.
(10) Changes to PROJECT plans and specifications shall be
implemented by contract change orders reviewed and concurred
with by the STATE representative. All changes affecting
public safety or public convenience, all design and
specification changes, and all major changes as defined in
STATE's Construction Manual shall be approved by STATE in
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District Agreement No. 8-868
advance of performing the work. Unless otherwise directed
by the STATE representative, changes authorized as provided
herein will not require an Encroachment Permit rider. All
changes shall be shown on the As-Built plans referred to in
Section I, Article (13) of this Agreement.
(11) CITY shall provide a claims process acceptable to STATE and
shall process any and all claims through CITY's claim
process. The STATE representative will be made available to
CITY to provide advice and technical input in any claim
process.
(12) If any existing public and/or private utility facilities
conflict with PROJECT construction or violate STATE's
encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their
protection, relocation or removal in accordance with STATE
policy and procedure for those facilities located within the
limits -of work providing for the improvement of the State
highway and in accordance with CITY policy for those
facilities located outside of the limits of work for the
State highway. Total costs of such protection, relocation
or removal shall be determined in accordance with STATE
policy and procedure. CITY shall require any utility owner
and/or its contractors performing relocation work in STATE's
right of way to obtain a STATE Encroachment Permit prior to
the performance of said relocation work. Any relocated or
new facilities shall be correctly shown and identified on
the As-Built plans referred to in Section I, Article (13) ,
of this Agreement.
(13) If any unforeseen potential hazardous waste sites are
encountered during construction of PROJECT, STATE and CITY
shall meet and confer on a course of action. The
responsibilities and costs for any action shall be covered
by amendment to this Agreement.
(14) Pursuant to the authority contained in Section 591 of the
Vehicle Code, STATE has determined that within such areas as
are within the limits of PROJECT and are open to public
traffic, CITY shall comply with all of the requirements set
forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle
Code. CITY shall take all necessary precautions for safe
operation of CITY ' s vehicles, the construction contractor's
equipment and vehicles and/or vehicles of personnel retained
by CITY and for the protection of the traveling public from
injury and damage from such vehicles or equipment.
(15) Upon completion and acceptance of the PROJECT construction
contract by CITY to the satisfaction of the STATE
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District Agreement No. 8-868
representative and subsequent to the execution of a
maintenance agreement, STATE will accept control and
maintain, at its own cost and expense, those portions of
PROJECT lying within STATE's right of way, except local
roads delegated to CITY for maintenance.
(16) CITY will accept control and maintain, at its own cost and
expense, the portions of PROJECT lying outside STATE's
right of way. Also, CITY will maintain, at CITY expense,
local roads within STATE'S right of way delegated to CITY
for maintenance.
(17) CITY will maintain the traffic control signal system and
safety lighting as installed and pay an amount equal to 100$
of the total maintenance costs, including electrical energy
costs.
(18) STATE will operate the traffic control signal (s) as
installed and pay one hundred percent (100%) of the
operation cost.
(19) Upon completion of all work under this Agreement, ownership
and title to materials, equipment and appurtenances
installed within STATE's right of way will automatically be
vested in STATE, and materials, equipment and appurtenances
installed outside of STATE's right of way will automatically
be vested in CITY. No further agreement will be necessary
to transfer ownership as hereinabove stated.
(20) Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties
not parties to this Agreement or affect the legal liability
of either party to the Agreement by imposing any standard of
care with respect to the maintenance of State highways
different from the standard of care imposed by law.
(21) Neither STATE nor any officer or employee thereof is
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 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
connection with any work, authority or jurisdiction
delegated to CITY under this Agreement.
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District Agreement No. 8-868
(22) Neither CITY nor any officer or employee thereof is
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
delegated to STATE under this Agreement. It is understood
and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully 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 reason 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.
(23) 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.
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District Agreement No. 8-868
(24) Those portions of this Agreement pertaining to the
construction of PROJECT shall terminate upon completion and
acceptance of the construction contract for PROJECT by CITY
with concurrence of STATE, or on February 25, 1998,
whichever is earlier in time; however, the ownership,
operation, maintenance, liability, and claims clauses shall
remain in effect until terminated or modified in writing by
mutual agreement.
STATE'-OF CALIFORNIA COMMUNITY DEVELOPMENT
Department of Transportation COMMISSION OF CITY OF
JAMES W. VAN LOBEN SELS SAN BERNARDINO
Director of Transportation
By
Chairman, Community
By
Development Commission
KEN STEELE, District Director
Attest:
APPROVED AS TO FORM AND PROCEDURE:
Approved as to form
and legal content:
Attorney, Department of Transportation By
Agency Counsel
CERTIFIED AS TO FUNDS AND PROCEDURE:
District Accounting Administrator
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I STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Community
Development Commission of the City of San Bernardino, DO HEREBY
4 CERTIFY that the foregoing and attached copy of Community
Development Commission of the City of San Bernardino Resolution
5 No. is a full, true and correct copy of that now on
file in this office.
6
IN WITNESS WHEREOF, I have hereunto set my hand and
7 affixed the official seal of the Community Development Commission
of the City of San Bernardino this day of
8 , 1993.
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10 Secretary of the
Community Development Commission
11 of the City of San Bernardino
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