HomeMy WebLinkAbout1980-017 f
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FEStOLUTION NO. i
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT RELATING TO
INSTALLATION OF TRAFFIC SIGNALS AT HIGHLAND AVENUE (STATE ROUTE 30)
3 AND ORANGE STREET, BETWEEN SAID CITY, COUNTY OF SAN BERNARDINO AND THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORT-- j
4 ATION.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION ONE: The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City on Agreement j
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relating to installation of traffic signals at Highland Avenue (State
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Route 30) and Orange Street, between said City, the County of San
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Bernardino and the State of California, acting by and through its
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Department of Transportation, a copy of which is attached hereto marked
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Exhibit "A" and incorporated herein by reference as fully as though f
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set forth at length herein. i
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
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by the Mayor and Common Council of the Cite of San Bernardino at a
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, sl meeting thereof held on the
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day of 1980, by the following vote, to-wit:
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AYE' COUNCILMEN
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NOES: _
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ABSENT:.._ ;' ,
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24 ,UNA CLARK, City Clerk
25 The'-,foregoi nr resolution is hereby approved thi s
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day of _ 1 0.
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•a r City of an Ber•nardino
�$ Appro d as to forri�: A
ty 1` orney
08-SBd-*D0-23.3-
VC- �,r,l - 224301
Pi-igh'land Ave at 01-ange St
District No .
THIS AGiMMN7, ENTERED INTO ON FEB 1 1 1980 -1 191 is
BE'r,4-EEEN
CITY OF SAN BER► ARDING,
a body politic and a municipa].
corporation of the State of
California, referred to nerein
as "CITY"
AND
COUNTY OF SAN BERNARDINO.,
a political subdivision of the
State of California, referred
to herein as "COTURN-TY"
AND
S'-PATE OF ,CALIFOF-NIA,
acting by and througr,, its
Department of 7ransporlClation,
referred to herein as "ST.,',.TE"
EXHIBIT "All
RECITALS
(1) STATE, CITY AND COUNTY contemplate installing
traffic control signal system and safety lighting at the
intersections of Orange Street with State Highway Route 30
(Highland Avenue) , referred to herein as ''PROJECT", and desire
to specify the terms and conditions under which such systems
are to be installed, financed and maintained as described in
the Estimate of Cost, titled EXHIBIT A, and as shown on the
Plan Sheet, titled EXHIBIT B, both of which are attached hereto
and made a part of this agreement .
(2) CITY proposes to perform subsurface construction
;cork within said State Highway and STATE requires that said work
be accomplished in accordance with STATE ' s "Policy on High and
Low Risk Underground Facilities Within Highway Rights of Way" .
SECTION I
CITY AGREES:
(1) To provide plans and specifications and all
necessary construction engineering services for the PROJECT and
to bear CITY's share of the expense thereof .
(2) To identify and locate all high and lot: risk
underground facilities within the project area and protect or
otherwise provide for such facilities, all in accordance with
STATE ' s "Policy on High and Lou, Risk Underground Facilities
Within Highway Rights of Way" . Costs of locating, identifying,
protecting or otherwise providing for suci) igh and low risk
*'?ciliti2s shall be distributed and borne in the same manner
as described in Section IV, Paragraph 15 . CITL'Y hereby acknowl-
e',:ge s the receipt of STATE' s "?c-'11cy on Hi,7h and --,-,ow Risk
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Underground Facilities Within Highway Rights of Way" and agrees
to construct the PROJECT in accordance with such Policy.
(3) To construct the PROJECT in accordance with plans
and specifications of CITY, to the satisfaction of and subject
to the approval of STATE and COUNTY.
(4) To pay approximately $41,000 for construction of
PROJECT; but in no event shall CITY's obligation for construction
costs under this agreement exceed the amount of $45,000; provided
that CITY may, at its sole discretion, in writing, authorize a
greater amount .
(5) To reimburse STATE for C ITV' s proportionate share
of the cost of maintenance and operation of said traffic control
signal systems and safety lighting, such share to be an amount
equal to 37 .53 of the total costs .
(b) To apply for necessary encroachment permits for
work within State Highway right of way, in accordance with
STATE' s standard permit procedures .
(7) To retain or cause `;o be retained for audit for
STATE or other government auditors for a period of three (3)
years from date of final payment all records and accounts
relating to construction of the IMPROVE WENTS .
(8) To furnish the necessary right of way unless other-
wise provided for .
(9) To certify to STATE and COUNTY that the right of
way is owned by CITY or that CITY had Right of Entry to do work
orior to execution of a contract to construct PROJECT .
(10) CITY's share cf construction costs shall be 37.5%
of the cost of traffic signals and safet,v lighting plus all the
cost of roadwork: north of the end of the northerly curb returns
plus the cost of roadwork lying east of the centerline of Orange
Street and south of the end of the southeast curb return,
as indicated on Exhibits A and B, attached hereto and made a
part of this agreement .
SECTION II
STATE AGREES:
(1) To deposit with CITY prior to award of a construc-
tion contract for PROJECT the amount of $138,000, which figure
represents STATE ' s estimated share of the expense of preparation
of plans and specifications, construction engineering, and
construction costs required to complete PROJECT as shown on
attached Exhibits A and B. in no event shall STATE 's total
obligation for said costs under this contract exceed the amount
Of $152,000; provided that STATE may, at its sole discretion,
in writing, authorize a gre ter amount .
(2) To furnish the traffic control equipment for
this project .
(3) STATE's share of the construction costs shall be
100% of the roadwork to the end of curb returns plus 50% of the
traffic signals and safety lighting, estimated to be approximately
$125,500. Actual cost shall be determined after completion of
work and upon final accounting of costs .
(4) STATE'S share of the expense of preparing plans
and specifications shall be an amount equal to 5% of STATE'S
share of the actual final consl[. G o:. cost .
(5) STATE 'S share of the expense of construction
engineering shall be an amount equal to 5% of STATE 'S share of
the actual final construction cost .
(6) To maintain and operate the entire traffic control
signal systems and safety lighting as installed and pay an
amount equal to 50% of the total costs .
SECTION III
COUNTY AGREES:
(1) To deposit with CITY prior to award of a construction
contract for PROJECT the amount of $14, 000, which figure
represents COUNTY's estimated snare of the expense of preparation
of plans and specifications , construction engineering, and
construction costs required to complete PROJECT. In no event
shall COUNTY's total obligation for said costs under this
contract exceed the amount of $15,000; provided that COUNTY may,
at its sole discretion, in writing, authorize a greater amount .
(2) COUNTY's share of the conszruction costs, estimated
to be $13,000, shall be 12 .5% of traffic signals and safety
lighting plus all costs of roadwork lying west of the centerline
of Orange Street and south of t he end of the southwest curb
return, as indicated on Exilibits A and B, attached hereto and
made a part of this agreement . Actual cost shall be as determined
after completion of work and upon final accounting of costs .
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(3) COUNTY's share of the expense of preparing plans
and specifications shall be an amount equal to 5% of C0TUTINTY I s
share of the actual final construction. cost .
(4) COUNTY' s share of the expense of construction
engineering shall be an amount equal to 5% of COUNITY's share
of the actual final construction cost .
(5) To reimburse STATE for COUNTY's proportional share
of the cost of maintenance and operation of said traffic control
signal systems and safety lighting, such share to be an amount .
equal to 12.5% of the total costs ®
SECTION N
IT ILS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this
Agreement are subject to the allocation of resources by the
Legislature and the California Transportation Commission.
(2) That CI'T'Y shall not award a contract for the work
until after receipt of STATE 's deposit required in Section II
(1) and COUNTY's deposit required ir: Section III (1) .
(3) Neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
reason cf anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction not
delegated to STATE under th-;s Agree-1--t- ? , .s 4.lso ago eed
that, pursuant to ("r('<verr -:::! t Code S C'-^tin -0412 .4 t�T-PV Sn I � _,,1 j'
s.
ir.demnif and hold STATE h r ' e - fr y ]-la-b-4 ' ;{-y
y S AT• T"7� Sa _ �, i an,, -L imposed Cr
injury (as defined by Go�--ernme-nt �odo Sect icj: biu .n) occurring
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by reason of an�,thJng done or omitted to be done by CITY under
c.r in connection with any work, authority- or jurisdiction not
relegated to STATE under this Agreement .
(4) Neither COUNTY 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
-ire connection with any work, authority or jurisdiction not
delegated to STATE under this Agreement . It is also agreed
that, pursuant to Government Code Section 895 .4 CITY shall fully
indemnify and hold COUNTY 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 not delegated to COUNTY under this Agreement .
(5) 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 or COUNTY under
or in connection with any work, authority or jurisdiction dele-
gated to STATE or COUNTY under this Agreement . It is also
agreed that, pursuant to Government Code Section 895 .4, STATE
and COUNTY 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 or COUNTY under or in connection with any
work, authority, or jurisdiction delegated to STATE or COUNTY
and,,ar,. ;;his Agreement .
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(6) 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 .
(7) If upon opening of bids, it is found the amount
deposited by STATE and/or COUNTY is in excess of the cost of
the work on the basis of bid prices plus contingency items,
expense of preparation of plans and specifications, construction
engineering, administration and overhead costs, the balance
remaining shall be promptly refunded by CITY to STATE and/or
COUNTY. If however, the cost of the work exceeds the amount
deposited by STATE and/or COUNTY, STATE and/or COUNTY will
promptly, upon receipt of claim therefor, pay its portion of
the amount of said excess to CITY. If the excess in either case
is less than one thousand dollars (,1,000) , no refund or demand
for additional deposit will be made until final accounting.
(8) If, upon opening bids, it is found that a cost
over:-.an of no acre than 10% of tke stimate will occur, CITY
may award the contract,
(9) If, upon opening bads , it is found that a cost
overrun exceeding 10% of the estimare will occur, STATE,
COUNTY AND CITY shall endeavor to agree upon an alternative
course of action .
(10) Prior to advertising for bids for the PROJECT,
STATE may tel'tTl i'iaLC t:I� µo1 �. ,,,. _. - -'vii pr ovia-- .Z Lnat
STATE pays CITY for all costs in U—'"f-ed 'Y C--TL Y.
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(11) Prior 'to advertising for bids for the PROJECT,
COUNTY may terminate this agreement in writing, provided that
COUNTY pays CITY and STATE fol^ all costs incurred by CITY and
STATE.
(12) If termination of this agreement is by mutual
agreement, STATE will bear 50%, CITY will bear 37.5% and COUNTY
wall. bear 1.2 .5; of all costs incurred prior to termination.
(13) Upon completion of all work under this agreement,
ownership and title to all signal and lighting materials,
equipment and appurtenances installed will be jointly shared
in the ratio of 50% STATE, 37 .5% CITY and 12 .5% COUNTY.
(14) Upon completion of all work under this agreement,
ownership and title to all other materials, equipment and
appurtenances installed within STATE 's right of way will auto-
matically be vested in the STATE, and all materials, equipment
and appurtenances installed outside of STATE 's right of way
will automatically be vested in the CITY and COUNTY, and no
further agreement will be necessary to transfer ownership as
hereirabove stated .
(15) If existing public and private utilities conflict
with the construction of the PROJECT, CITY will make all
necessary arrangements with the owners of such utilities for
their removal or relocation . CITY will inspect the .removal or
relocation: of such utilities . If there are no existing provi-
sions for removal or relocation of utilities between L TTv and
C01PN 'Y and/or STATE and the owners of such utilities, STATE,
r,IIIPY and C0tP14'1'Y 'will share in the cost of said removal or
z'e�luca-ion in the amount of 50� STATE, 37 .5% CITY and 12 .5
COlf N TY.
(lb) The cost of any maintenance referred to herein
shall include all direct and indirect costs (functional and
administrative overhead assessment) attributable to such work,
applied in accordance with STATE 's standard accounting
procedures .
STATE OF CALIFORNIA CITY OF SAN BERNAR
Department of Transportation
ADRIANA OIA1 L'URCO ..
Director of Transportation ?01� go,
By Attest:
City Clerk
COUNTY OF SAN BERNARDINO cw,ty counsel
Apprcved / cj
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Deputy
By
Chairman; Board o upervisors
Attest:
Dep* Clerk of the Board of-
Supervisors
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EXHIBIT A
CONSTRUCTION COST ESTIMATE BREA'KDOWN
Costs are to be shared as heretofore described and as shown
on Exhibit B
Roadwork Total State County City
$ 98,244.00 $ 86,839.00 $ 3,41o.00 $ 7,994.oo
Traffic Signal and
Lighting Total
$ 775000.00 383500.00 93625.00 28,875.00
Engineering and
inspection Total
$ 17,52'4.00 12,534.00 1,3o4.00 33687.00
Total
$192,768.00 $137,873.00 $14,339.00 $40,556.00
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