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.' ~... . ri Fil.e _.1.475
CITY OF 8AN;~1tO ~""'ST I!bR COUNCIL ACTION
From: ROGER G. HARDGRAVE
""H" _ .~"",,,...._. Authorization to Execute Co-.
.,-'" J. "'~.".-II.....t. operative Aqreement with Caltrans
Public Works/Engineerincj?7'n jil': l ~ In () 27 -: MOdlifJ.@'Ca!-ionOfTraffic
~- ,"'.' ~ . S1gna s H1ghland Avenue
(State Route 30) & Palm Avenue
06-07~90
Dept:
Date:
Synopsis of Pnvious CouncillCtion:
June, 1986
June, 1989
Allocation of $38,800 approved to finance the
City's share.
Allocation of $12,200 in supplemental funds
approved to finance the City's share of the
revised cost estimate, (to increase total
allocation for City's share to $50,000).
RecomllllRded motion:
Adopt resolution.
cc: Marshall Julian
Andy Green
Jim Penman
ContllCt penon:
Supporting cIlIUI.lr...hed:
Roaer G. Bardarave
Staff Report, Agreement
and REsolution
Phons:
5025
v ..~
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WIII'd: 4
Amount: $107,250 'IDe, OO~ . A "..i\_\olt \"1,.,15")--
3(,~ {SJ,OOO ,s. STATe AIJ"ry
Soul'Cll: (Acct. No.1 242-i%-57475
FUNDING REQUIREMENTS:
(Acct. Descriotionl
Signals - Highland
FinlllC8: ~ JQ /'
& Palm
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Council Notes:
75-0262
Agenda Item No
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CI~ OF SAN ....&.u.r.o - R....ST -.. COUNCIL ACTION
STAFF REPORT
The existing traffic signals at Highland Avenue (State
Route 30' and Palm Avenue have left-turn phases only for traffic
on Highland Avenue. A considerable delay is often experienced
by drivers on Palm Avenue desiring to make a left turn, parti-
cularly for northbound traffic. .
Discussions have been held with Caltrans staff for some
time relative to modifying these traffic signals to provide left
turn phases for vehicles on Palm Avenue. The proposed
Cooperative Agreement is the product of those discussions. In
addition to providing left turn phases for all four approaches,
two left-turn lanes will be installed for northbound traffic on
Palm Avenue. Handicap ramps will also be constructed, which
will require some modifications to the drainage facilities in
the northeast corner. A transition for two lanes to one lane
will be provided for southbound traffic.
The proposed Agreement provides, in general, that the
State will perform the preliminary and construction engineering,
and have the modifications done by contract. Also, that the
State will pay their proportionate share (50%' of the total
project cost, up to $123,300. Maintenance and operation of the
traffic signals will be done by Caltrans, and they will pay
their share (50%' of these costs.
In accordance with terms of the Agreement, the City will
deposi t the amount of $107,250 with Caltrans, when the project
is advertised for bids. This amount represents the City's share
(50%' of the total estimated cost of $214,500, and includes 10%
for preliminary engineering. The Agreement also provides that
the City will pay Caltrans 50% of the maintenance and operation
costs.
Cal trans anticipates having the plans ready to go to
contract some time in the fall of this year.
An amount of $50,000 has been allocated, under Account
No. 242-362-57475, "Signals - Highland & Palm," to finance the
City's share of the cost for this project. Supplemental funds
in the amount of $6,000 have been included in the proposed
1990/91 Street Construction Fund Budget, and $51,250 in the
Traffic Systems Fee Budget, to fully finance the City's share of
the total project cost.
We recommend that the Cooperative Agreement be approved.
06-07-90
75--0264
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1 RESOLUTION NO.
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 within sixty (60) days of the
24 passage of this resolution.
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26 IIII
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28 I I I I
06-07-90
RGH:rs
,.
RESO:
AUTHORIZING EXECUTION OF AGREEMEN~ITH DEPARTMENT
OF TftSPORTATION RELATING TO FICATION OF TRAFFIC
SIGNAMf AT HIGHLAND AVENUE AND P 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
meeting thereof, held on the
4
day of
, 1990, by the following vote, to-
5 wit:
6
Council Members:
AYES
NAYS
ABSTAIN
7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
I
11 MINOR
12 POPE-LUDLAM
D MILLER
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15
16.
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18
19
20
21
22
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
Approved as to form
and legal content:
w. R. Holcomb, Mayor
City of San Bernardino
James F. Penman
23 City Attorney
24
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By . /t'! '1.,,,,",",,
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06-07-90
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08-SBd-30-28.8
At Palm Avenue
Modification of Traffic
signals
08212 - 297101
DISTRICT AGREEMENT NO. 8-630
caa.....lJI~ ..........."
THIS AGREEMENT, ENTERED INTO ON
is between the
STATE OF CALIFORNIA, acting by and through its Departaent 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".
RBCr_T.JI
(1) STATE and CITY contemplate modifications to the
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.
EXBIBI'1' "A"
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STATR &mtWWtll:
(1) To provide all nece..ary preliminary engineering,
including plans and specifications and utility identification and
location and all nece..ary construction engineering .ervices for
the PROJECT and to bear STATE'S .hare of the expense thereof, as
shown on Exhibit A attached and made a part of this Aqre_ent.
(2) To construct the PROJECT by contract in accordance with
the plans and specifications of STATE.
(3) To pay an amount equal to 50t of the PROJECT
construction costs, as shown on Exhibit A but in no event shall
STATE'S total obligation for PROJECT construction costs, under
this Agre_ent, excludil'lgcosts 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 stat_ent 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
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in Section ;1, 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 Aqreement.
(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.
SIlC!'l'J:OR J:J:
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
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obligation for said anticipated project costs, exclusive of
clai.s 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, a~ 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
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 aqreement.
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(6) To enter into an Agre_ent with the STATE whereby CITY .
will pay sot of the electrical energy costs and sot of the total
maintenance costs for the traffic control signal and safety
lighting at the intersection.
..e'I'%OII rJ::r
IT 1:S MUTUALLY AGUJ:D AS POT.r.nws:
(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.
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(5) After openinq of bids CITY's estimate of cost will be
revised ba.ed on actual bid price.. CITY'S required deposit
under section II, Article (1) above ~ill be increa.ed or decreased
to match said revised estimate. If deposit increase or decrease
is les. 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 bid., it is found that a cost
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
upo~, this Agre_ent 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 Aqre_ent is by mutual consent,
STATE will bear 50' and CITY will bear 50' of all costs incurred
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prior to termination, except that any utility relocation co.t.
shall be pr9rated in accordanc. with STATE's and CITY'. respon-
sibility for utility r.location co.ts.
(10) If exi.ting public and/or private utiliti.. conflict
with the con.truction of the PROJECT, STATE will make all
neces.ary arrangem.nt. with the own.rs 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 sot STATE and sot CITY.
Required protection relocation or removal of utilities shall be
performed in accordance with STATE policy and procedure. CITY
.
. will pay its share at the time of final billing based on actual
costs.
(11) Upon completion of all work under ~his Agreement,
ownership and title to all .igna1, materials, equipment and
appurtenances in.talled will be jointly shared in the ratio of
sot STATE and sot CITY.
(12) Th. cost of any engineering or maintenance referred to
her.in shall include all dir.ct and indirect costs (functional
and admini.trative overh.ad a.....m.nt) attributable to such
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work, applied in accordance with STATE's standard accountinq
procedures. _
(13) Neither STATE nor any officer or employee thereof
shall be responsible for any damaqe or liability occurrinq by
reason of anythinq done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction deleqated to
CITY under this aqreement. It is also aqreed 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) occurrinq by reason of anythinq
done or omitted to be done by CITY under or in connection with
any work, authority or jurisdiction deleqated to CITY under this
Aqreement.
(14) Neither CITY nor any officer or employee thereof shall
be responsible for any damaqe or liability occurrinq by reason of
anythinq done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction not deleqated
to CITY under this Aqreement. It is also aqreed 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) occurrinq by reason of
anythinq done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction not deleqated
to CITY under this aqreement.
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(15) That, in th. con.truction of .aid work, STATE will
furni.h a repr...ntativ. to p.rform th. functions of a R..id.nt
Engin..r, and CITY may, at no cost to STATE, furnish a
r.pr.s.ntativ., if it so d.sires, and that said r.presentative
and R..ident Engineer will coop.rate and consult with each other,
but th. d.cision. of STATE'. r.pr...ntative shall prevail on work
within STATE's right of way.
(16) No alteration or variation of the terms of this
Agr....nt shall be valid unless made in writing and .iqned by the
partie. hereto and no oral understanding or aqr....nt not
incorporated herein shall be binding on any of the parties
hereto.
(17) That this Agre..ent shall terminate upon completion and
acceptance of the PROJECT construction contract by STATE or
on January 1, 1992, whichever is earlier in time; how.ver, 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
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provide additional fundinq a. required to cover CITY'.
proportiona~ ehar. of co.t. or execute a subsequent aqr....nt to
cov.r tho.e eventualities.
STATE or CALIFORNIA
Deparblent of Transportation
CITY or SAN BERNARDINO
ROBERT K. BEST
Director of Transportation
By
District birector
By
Mayor, CITY OF SAN BERNARDINO
Att.st:
City Clerk
Approved a. to form and procedure
Attorn.y, Deparblent of Transportation
Certified a. to fund. and procedure
District Accountinq Officer
Approved as to form
and leqal content:
Jame's F. Penman
City Attorney
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08-SBd-30-28.8
At Pal. Avenue
Modification of Signals
08212 - 297101
DISTJQ:CT AGREEMENT NO. 8-630
.mn:.J:~ A
B":EOD O. CO.'1'
TOTAL COSTS CITY SHARE
construction
Cost $170,000 $85,000
* Preliminary
Engineering (lOt) 17,000 8,500
*Construction
Engineering (15t) 25,500 12,750
Utilities 2..000 1.000
TOTAIS $214,500 $107,250
STATE SHARE
$85,000
.8,500
12,750
1.000
$107,250
*.:EDD mtCIDlDlUJICI ".-B.
According to Policy . Procedure No. P-77-37
PRELIMINARY
ENGINEERING
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22
CONSTRUCTION COST
(Thousands)
o - 50
CONSTRUCTION
ENGINEERING
"
22
17
50 - 75
20
15
75 - 100
18
16
15
13
10
100 - 150
150 - 250
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