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HomeMy WebLinkAboutS05-Public Works CITY OF SAN BERN~INO - REQUEiSyNF.3COUNCIL ACTION Fro. ROGER G. HARDGRAVE Subject: Authorization to Execute Coopera- tove Agreement with the State of California - Installation of Traffic Signals at E/B Off-Ramp to Waterman Avenue via Redlands Blvd., for Route 1-10 Dept: Public Works Date: 2-12-91 Synopsis of Previous Council action: ::::~ ;.;;:. f~"': C" -::,,~;~ None. ;,..J ,.". ,., ;,~ -.,,, ~,',.." [",~ C'._I'lI ..-,.. ., -":'l t..'''' Recommended motion: ~ Adopt resolution. cc: Shauna Edwins Andy Green Jim Penman Contact person: Roqer G. Hardqrave Staff Report, Agreement & Resolution Phone: 5025 Supporting data attached: Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) 242-362-57386 (Acct. Description) Siqnals - 1-10 & Redlands Blvd. Finance: . Council Notes: 75.0262 Agenda Item No. 5'-:) . . 75-0264 STAFF REPORT Federal-Aid Interstate/HB4N funds are available to finance the costs for construction of traffic signals at freeway ramps, whenever traffic signal warrants are met. Warrants are met at the intersection of the eastbound off-ramp from Route 1- 10 to Waterman Avenue, via Redlands Boulevard. The proposed Cooperative Agreement provides, in general, that Caltrans will provide up to $185,800 in Interstate/HB4N funds to finance the costs of installing these signals. Also, that the City will advertise, award and administer a construc- tion contract. Maintenance of the traffic signals will be done by Caltrans, with the City paying 50% of the cost. Plans for the installation of these traffic signals have been prepared by a private consulting engineering firm, under contract with the owner of an adjoining parcel. These plans have been checked by Caltrans and returned to the consultant for revision. We recommend that the Cooperative Agreement be approved. URGENCY CLAUSE: A new street has been constructed south of Redlands Boulevard, opposite the off-ramp. This street will be barricaded until the traffic signals are placed in operation. This street will need to be open for traffic in order to serve a proposed development on an adjoining parcel. 2-12-91 . . . . . 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA 3 DEPARTMENT OF TRANSPORTATION RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNALS AT REDLANDS BOULEVARD AND EASTBOUND OFF-RAMP TO 4 WATERMAN AVENUE FROM ROUTE 1-10. 5 BE IT RESOJ"VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a Cooperative Agreement with the State of California Department of Transportation relating to the installation of traffic control signals at Redlands Boulevard and eastbound off- ramp to Waterman Avenue from Route 1-10, a copy of which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / 2-12-91 RGH:rs . . . RESO: AUTHOR.NG EXECUTION OF COOPERAT~AGREEMENT WITH CALTRA RELATING TO INSTALLATION WP TRAFFIC SIGNALS AT E/B OFF-RAMP TO WATERMAN AVENUE via REDLANDS BLVD. 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 5 Council Members: , 1991, by the following vote, to-wit: AYES NAYS ABSTAIN 6 ESTRADA 7 8 9 10 MINOR 11 12 13 14 15 16 17 18 REILLY FLORES MAUDSLEY POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this , 1991. day of W. R. Holcomb, Mayor 19 Ci ty of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By J~7lh '7 :~ 24 U 25 26 27 28 - 2 - . . . . . 08-SBd-10-25.2 In the City of SBd At the E/B off-ramp to Waterman Ave via Redlands Blvd 08212 - 333700 District Agreement No. 8-740 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON STATE OF CALIFORNIA, acting by and through its Transportation, referred to herein as "STATE", is between the Department of and 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 contemplate installing traffic control signals and safety lighting and performing roadwork at the intersection of Redlands Boulevard with the eastbound exit ramp of the State Highway Route 10, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, operated and maintained. (2) If any work involving high/low risk underground facilities or subsurface construction within said State highway is needed, STATE requires that said work be accomplished in accordance with STATE's "Manual on High and Low Risk Underground Facilities within Highway Rights of Way". (3) It is anticipated that Federal-aid Interstate/HB4N Funds will be allocated for financing 100% of the construction and construction engineering costs which are eligible for Federal-aid participation, and STATE and CITY will bear the remainder of the costs as set forth herein. SECTION I CITY AGREES: (1) To provide all necessary preliminary engineering, including plans and specifications, and utility identification and location, and all necessary construction engineering services for the project. EXHIBIT RAR . . . . . (2) If a consultant is used to prepare plans and specifications and administer a construction contract for PROJECT, to follow the Consultant Selection Procedures for Federally-funded highway projects specified in Volume I, section II of STATE's current Local-Programs Manual. (3) To identify and locate all high and low risk underground facilities within the PROJECT area and protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities within Highway Rights of Way". Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be distributed and borne in the same manner as described in section III, Article (11). CITY hereby acknowledges the receipt of STATE's "Manual on High and Low Risk Underground Facilities within Highway Rights of Way" and agrees to construct the PROJECT in accordance with such manual. (4) To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures. (5) That PROJECT will be advertised, awarded, and administered in accordance with STATE's current Local Programs Manual, Volume II. (6) To construct the PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (7) Upon completion of PROJECT, to furnish STATE a complete set of full-sized film positive reproducible "As-Built" plans. (8) To reimburse STATE for CITY's proportionate share of the cost of maintenance of said traffic control signal and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. (9) To retain or cause to be retained for audit for STATE or other government auditors for a period of three (3) years from date of FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to construction of the PROJECT. SECTION II STATE AGREES: (1) To deposit with CITY within 25 days of receipt of billing therefore (which billing be forwarded immediately 2 r . . . . . following CITY's bid advertising date of a construction contract for PROJECT), the amount of $172,500; which figure represents STATE's estimated share of the expense of construction engineering and construction costs required to complete PROJECT, as shown on Exhibit A. STATE's total obligation for said anticipated project costs under this Agreement shall not exceed the amount of $185,800, excluding costs referred to in Section III, Article (11). (2) STATE's share of the construction cost (estimated to be $150,000), shall be an amount equal to 100% of construction engineering as determined after completion of work and upon final accounting of costs. (3) STATE's share of the expense of construction engineering shall be an amount equal to 15% of STATE's share of the actual final construction cost, calculated prior to any Federal-aid payment; however, STATE's cost will then be reduced by STATE's share of Federal-aid payment. (4) To pay CITY upon completion of all work within 20 days of receipt of a detailed statement made upon final accounting of costs; therefore, any amount over and above the aforesaid advance deposit required to complete STATE's financial obligation pursuant to this Agreement, provided that STATE's total obligation does not exceed the amount as stipulated in Article (1) of this Section II, exclusive of utilities referred to in section III, Article (11). (5) To maintain the entire traffic control signal and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. (6) To furnish the traffic signal control equipment for project. This equipment shall consist of signal controller unit and signal control cabinet. The estimated cost of this State-furnished equipment is $15,000 and the actual cost to STATE shall be deducted from the STATE's share of the PROJECT costs. (7) To issue, upon proper application by CITY and by CITY contractor, the necessary encroachment permits for required work within the STATE highway rights of way. (8) To prepare a "Project Report" justifying the need for PROJECT, to prepare all necessary environmental evaluation and clearance documents and to furnish copies of these documents to CITY in a timely manner. (9) To provide a State Project Coordinator to coordinate and promptly review the work of CITY and its consultants, if any, during the preparation of PS&E for PROJECT. 3 . . . SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (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. Should CITY award a contract for PROJECT prior to the allocation of resources by the California Transportation Commission, there is no guarantee of STATE's participation and CITY shall assume all risks thereof. . (2) Should any portion of the PROJECT be financed with Federal funds or STATE gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (3) That construction by CITY of improvements referred to herein which lie within STATE rights of way or affect STATE facilities shall not be commenced until CITY's original contract plans involving such work have been reviewed and approved by signature of STATE's District Director of District 8, or his delegated agent, and until an Encroachment Permit authorizing such work has been issued by STATE therefor. Receipt by CITY of CITY's contract plans signed by STATE shall constitute STATE's acceptance of and official approval of said plans. (4) That CITY will obtain the aforesaid Encroachment Permit through the office of STATE's District 8 Permit Engineer and that CITY's application therefore shall be accompanied by reproducible tracings of aforesaid STATE-approved contract plans. Receipt thereafter by CITY of the approved Encroachment Permit shall constitute CITY's authorization from STATE to proceed with work which lies within 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, however, be contingent upon CITY's compliance with all provisions set forth in said Encroachment Permit. (5) That CITY's contractor will also be required to obtain an Encroachment Permit from STATE prior to commencing any work which lies within STATE rights of way or which affects STATE facilities. The application for said Encroachment Permit shall be made through the office of STATE's District Permit Engineer and shall include a Surety Bond in an amount of $25,000 and the permit shall be issued free of charge by STATE. (6) CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to . CITY by STATE, nor shall CITY award a contract to construct 4 . . . . . PROJECT until after receipt of STATE's deposit required in section II, Article (1). (7) After opening of bids, STATE's estimate of cost will be revised based on actual bid prices. STATE's required deposit under section II, Article (1) above will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000, no refund or demand for additional deposit will be made until final accounting. (8) If, upon opening of bids, 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 upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (10) of this section III. (9) If termination of this Agreement is by mutual agreement, STATE will bear 100% and CITY will bear 50% of all costs incurred prior to termination, with total costs not to exceed $187.500 (excluding preliminary engeering costs). (10) If existing public and/or private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal, which if there are costs of. such protection, relocation or removal which 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 50% STATE and 50% CITY. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with State policy and procedure. STATE will pay its share at the time of final billing based on actual costs. (11! Upon completion of all work under this Agreement, ownership Of all signal and lighting equipment shall be vested in the STATE and roadwork shall be based on the respective rights of way of the STATE and CITY. (12) The cost of any engineering or 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. (13) Neither STATE 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 in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to 5 . . . . . 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) 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 STATE under this Agreement. (14) Neither CITY 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed 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) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. (15) That, in the construction of said work, CITY will furnish a representative to perform the functions of a resident engineer, and STATE may, at no cost to CITY, furnish a representative, if it so desires, and that said representative and resident engineer will cooperate and consult with each other, but the decisions of STATE's representative shall prevail on work within STATE's right of way. (17) That the costs referred to herein are only "matching funds" based on the assumption that Federal-aid Interstate/Urban Funds will be allocated for financing approximately 100% of the costs as shown on Exhibit A. In the event that Federal-aid participation is not secured, or is less than 100% of the cost, this Agreement may be terminated mutually by either party at any time nrior to the award of a construction contract, or alternatively, each party's participation may be renegotiated to "make up" for the loss of Federal funds. If termination occurs, costs shall be limited to the sums set in Articles (9) or (10) of this section III. 6 . . . Traffic Signals attl/B Off-ramp - Waterman AlIfue via Redlands Blvd. (18) That those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY or on January 1, 1993, whichever is earlier in time; however, the ownership, operation and maintenance clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation CITY OF SAN BERNARDINO ROBERT K. BEST Director of Transportation BY (Mayor By District Director Attest: (City Clerk) Approved as to form and procedure Approved as to form and legal content: James F. Penman Attorney, Department of Transportation City Attorney certified as to funds and procedure District Accounting Officer 7 . . . . 08-SBd-10-25.2 In the City of SBd At the E/B off-ramp to Waterman Ave via Redlands Blvd 08212 - 333700 District Agreement No. 8-740 EXHIBIT A ESTIMATE OF COST Description Total State ~ Construction $150,000 $ 0 $ 0 *Preliminary Engineering (10%) 15,000 0 15,000 *Construction . Engineering (15%) $ 22.500 $22.500 $ 0 Total $187,500 $22,500 $15,000 *PIXED ENGINEERING CHARGES According to Policy & Procedure No. P-77-37 PRELIMINARY ENGINEERING CONSTRUCTION COST (Thousands) CONSTRUCTION ENGINEERING 22 o - 50 % 22 % 17 50 - 75 20 15 75 - 100 18 13 100 - 150 16 10 150 -.250 15 . 8