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'.CIYV'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Fi'R Uo. 1.7089
From:
ROGER'G. HARDGRAVE
Subject:
Authorization to Execute Co-
operative AgreeMent with County
of San Bernardino - Improvenent
of State College Parkway Grade
Crossing No. 2-76.6
Dept:
Public Works
Date:
3-25-97
O,91GINAl
Synopsis of Previous Council action:
10-21-96 - Transfer of $75,000, from Account No. 129-367-5504-7064
to Account No. 129-367-5504-7089 approved, to provide
funds to finance the City's share of the project cost.
ADNiIN. OFFiCE
3~ V!.f:uq 97 2; 3-
Recommended motion:
Adopt resolution.
cc: F. wilson
J. Penman
Signature
Supporting data attached:
Roger G. Hardgrave
Staff Report,
Aqreenent & Resolution
Phone:
5025
Contact person:
Ward:
6
FUNDING REQUIREMENTS:
Amount: $74.970 (~-c;: SalRs Tax Fund)
Source: (Acct. No.)
129-367-5504-7089
Acct. Descri tion
Finance'
Crossinq - Caion Boulevard
Council Notes:
Res 97- /0'/
~11'7
, I
Agenda Item No.' I Z
75-0262
.
.CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The BN/SF Railway Company initiated a project to install
autoMatic gates and flashing lights at railroad grade crossing
No. 2-76.6 on State College Parkway, adjacent to Cajon Boulevard.
An inquiry was made by BN/SF Railway Company to the City
and County, if the public agencies would be interested in parti-
cipating in the widening of the grade crossing to provide four
(4) traffic lanes.
After reviewing this proposal both local agencies con..
eluded that it would be beneficial to widen the crossing, in
order to provide additional traffic capacity and avoid having to
relocate the automatic gates when the crossing is widened in the
future.
The proposed Co. operative AgreeMent provides. in general
that the County will act as lead agency and proceed to construct
the improvements by contract. Also, that the City will pay its
proportionate share of the cost (42%), estiMated to be $74,970.
All costs incurred for the City's share of this project
will be paid from the $75 000 allocated under Account No. 129-
367-5504-7089.
We recoMmend that the Co-operative Agreement be approved.
3-25-97
75-0264
..
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County Department
TRANSPORTATION
FOR COUNTY USE ONL Y
Vendor Code Dept.
Contract Number
County of San Bernardino
SC TRA A
Dept. Orgo.
TRA TRA
Contractor's license No.
FAS
STANDARD CONTRACT
Organization
TRA
Ph. Ext. L d ~mount of Contract
2724 N8aEncaffiBFX~ce
Obj/Aev Source Activity GRC/PAOJ/JOB Number
14H12510
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount 110
FY
Project Name
I STATE COLLEGE PKWY
AT CAJON BLVD & AT&SF
iRR XING NO. 2-76.6
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino. hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO
Address
hereinafter called CITY
330 North D Street
San Bernardino, CA 92418
Phone Bin:h Oatf.!
Federa! 10 l\Jo. Of Saciaf Security Nc.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space be/ow and additional bone sheets. Set forth service to be rendered, amount to be paid, manner of payment, time fOf performance or completion,
detarrTjJMa,,:ion of satisf~cror'l ;;.t:JrfOfr:1anCe and causa for termination, other terms and conditions, and attach plans, specifications. and addenda. if any.)
WITNESSETH
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) and
the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) desire to cooperate and jointly
participate in a project to improve the railroad crossing No. 2-76.6 on State College Parkway and to
install a temporary traffic signal at Cajon Boulevard and State College Parkway (hereinafter referred to
as PROJECT); and
WHEREAS, the current crossing is a two-lane road and the CITY has requested that the
crossing be upgraded to a three-lane road and a temporary signal be installed at Cajon Boulevard and
State College Parkway; and
WHEREAS, the COUNTY's matching funds will be 58% of the total estimated costs and the
CITY's matching funds will be 42% of the total estimated costs as mutually agreed; and
WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will
be from COUNTY Road funds and CITY local funds; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as
pertains to such participation and to the design, construction, and funding of the proposed project.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
EXHIBIT "A"
02.12311 000 Rev, 11,91
Page
of 3
.
1.0'. COUNTY AGREES TO:
1.1 Act as the Lead Agency in the design and construction of the PROJECT.
1.2 Provide plans and specifications and all necessary construction engineering for the
PROJECT. .
1.3 Construct the PROJECT by contract in accordance with the plans and specifications of
COUNTY and Caltrans Design Manual, 10 year life, to the satisfaction of and subject to
concurrence of the CITY.
1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT
within the unincorporated area.
1.5 Obtain a no-cost pennit from CITY for work within the City's right-of-way.
1.6 Advertise, award, administer, and fund the construction of the PROJECT.
1.7 Require its contractors to maintain Workmen's Compensation Insurance on all
employees and a Public and Property Damage Liability Insurance Policy of not less than
$ I ,000,000 combined single limits liability coverage for bodily injury and/or property
damage which shall name the CITY as an insured party.
1.8 Provide adequate inspection of all items of work performed under the construction
contract and maintain adequate records of inspection and materials testing for review by
CITY.
1.9 Pay for its proportionate share of the cost of construction of the PROJECT. The cost of
construction shall include the cost of constructing the PROJECT, including design,
construction engineering, and overhead costs. COUNTY's proportionate share of cost
of construction is estimated at $103,530. COUNTY shall pay such costs from County
Road Funds.
1.10 Submit to CITY an itemized accounting of the PROJECT cost and a statement for
CITY's actual share of the costs as provided herein.
1. I I After acceptance of the construction contract, maintain those portions of the PROJECT
within the unincorporated area of the COUNTY.
2.0 CITY AGREES TO:
2.1 Pay its proportionate share of the cost of construction ofthe PROJECT. The cost of
construction shall include the cost of constructing the PROJECT, including design,
construction engineering, and overhead costs. CITY's proportionate share of cost of
construction is estimated at $74,970.
2.2 Reimburse COUNTY within thirty (30) days after receipt of an itemized statement as
set forth in paragraph 1.10 of this Agreement setting forth all cost of PROJECT to be
borne by the CITY. Costs shall be amended following CITY and COUNTY acceptance
of the final construction cost accounting.
2.3 Arrange for relocation of all utilities which interfere with construction of the PROJECT
within the incorporated area.
2.4 Provide a no-cost permit to the COUNTY for its work in CITY right-of-way.
2.5 Provide temporary signal components, such as signal heads, poles, controllers, etc.,
from existing stock in addition to the amounts stipulated under 2. I
3.0 ITIS MlmJAI.L Y AGREED:
3. I COUNTY agrees to indemnify and hold harmless the CITY, its officers, agents,
volunteers from any and all claims, actions or losses, damages, and/or liability resulting
from the COUNTY's negligent acts or omissions which arise from the COUNTY's
performance of its obligations under this Agreement.
.
Page 2 of 3
"
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3.2 CITY agrees to indemnify, defend and hold hannless the COUNTY and its officers,
employees, agents and volunteers from any and all claims, actions, losses, damages
and/or liability arising out of its obligations under this Agreement.
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under the
Agreement, the COUNTY and or CITY shall indemnify the other to the extent of its
comparative fault.
3.4 Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for
Workers Compensation benefits paid to an employee, the COUNTY and CITY agree
that any alleged negligence of the employee shall not be construed against the employer
of that employee.
3.5 After opening of bids, estimate of cost will be revised based on actual bid prices.
3.6 If, upon opening of bids, it is found that the costs exceed 25% of the cost of
construction, COUNTY and CITY shall endeavor to agree upon an alternative course of
action. If, after 30 days, an alternative course of action is not mutually agreed upon in
writing, this Agreement shall be deemed to be terminated by mutual consent.
3.7 This Agreement may be canceled upon thirty (30) days written notice of either party,
however, costs incurred up to the effective date of cancellation shall be shared in the
manner provided heretofore. However, if the temporary signal is installed prior to
termination of this contract, it shall remain in place until a permanent signal is
constructed.
3.8 This Agreement shall terminate upon completion of the PROJECT and payment of final
billing by the CITY for its share of the PROJECT.
3.9 This Agreement does not bind the COUNTY to replace the temporary signal if this
intersection is annexed by the CITY in the future.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of both parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by
their respective officials thereunto duly authorized.
COUNTY OF SAN BERNARDINO
..
Chairman, Board of Superviso,s
CITY OF SAN BERNARDINO
IState if corporation, company, etc.)
Dated
By ..
(Authorized Signature)
SIGNED AND CERTIFIED THAT A COpy OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD.
Clerk of the Board of Supervisors of the County of San
Bernardino.
Dated
Title
Mayor
Address 300 North "D" Street
By
Deputy
San Bernardino. CA 92418
Approved as to Legal Form
..
Ccunty Counsel
Date
Reviewed as to Affirmative Act;on
..~~
Dat~ .2;;/9-97
i Reviewed for Processing
I..
: Agency Administrator/CAO
;
I Date
02-12311.000 Rell. 1191
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