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HomeMy WebLinkAbout47-Public Works -------"- - ..- - - - >~,,~ ~I , ,..-' Iw- ' . < , ~ tl'rV OF SAN ..RNARDlNO ~ Fi~NO. 7.01-44 - RI!QRST FOR COUNCIL ..... "V" , From: ROGER G. HARDGRAVE Subject: Authorization to Execute Coope%a. tive Agreement with State ot California for Construction of Entrance/Exit Ramps I-18.~ Hospitality Lane ~ " "h, 'q ~;;;;:j ,I\;"II-',J ~.~:'~? I :'~J;~ !""." ]'i[.~ '~'''';, . '" Dept: Public Works/Engineering Datil: 4-11-89 . Synopsis of Previous Council ection: . 06-20-83 - Resolution No. Redevelopment Report. Concept for modification of ramps approved. Resolution No. 87-36 adopted, authorizing execution of a revised Memorandum of Understanding with the California Department of Transportation (Ca1trans). 02-02-87 - Authorization granted to issue Request for Proposals for design engineering services. -Authorization to Execute Agreement for Professional Engineering Services granted by Resolution 87-340. 83-197 adopted approving the Tri-City Plan and Final Environmental Impact ~.~ ;,",.' ~I j'It'~'! Y\~$ ", ~, " ~j '.' r,"' 08-06-84 - 02-02-87 .,.'., Adopt resolution. I 5 ! . . ~I ~ ! . , ,.,:f t'~J; ; tj!,~"~: i",l'il! i"St,' l,j~':': '" ~ ''c:<' , (.~~ I"" d~!~ ~'~"I ~;;~i; f',',j " fl~! \}! . ~.:i t'*t t"." t', ~ :, 09-.21-87 RecommeiKled motion: cc:Jim Robbins Jim Richardson Jim Penman Andy Green c,.) ~~~. Signature Contact person: Supporting data attached: 1 ( ::~ l':f . , , ;,/~ ~.~ i!~t l,;:1t tei! ~l" ~~~ 'rlJ ~ t;~: rt 'f;:' "i FUNDING REQUIREMENTS: Gene R. Klatt Phone: Staff Report, Resolu- tion & Aqreement Ward: Amount: $1,015,000.00 5125 Source: (Acct. No.1 242":'362-57663 (Acct. DescriDtionl Waterman Off-Ramp 17 /4- Finance: at 1-10 / liIi ~\li! ,I. "'.~ Council Notas: 75.0262 . Agenda Item No.A It I~ .. - - - .~ ':;:fr'f:,p :c -' c - CITY OF SAN _RNARDlNO ~~) - REQUII8T FOR COUNCIL ..... '. ~;. STAFF REPORT ,- In accordance with the memorandum of understanding on this project, the State was to prepare a Cooperative Agreement for the design and construction of the on/off ramps for the I-lO Freeway at Carnegie/Hospitality, that will replace the existing Waterman ramps. t " , ,. i' ", After several meetings and reviews by both City legal staff and the legal section in Sacramento, this agreement is prepared for execution. It covers design and funding responsi- bilities for both parties and is necessary for the State to begin the required right-of-way work. As originally. submitted, the State was requiring the City to deposit its full contribution to the project prior to bidding, the agreement now provides for the City to make a deposit of $200,000 prior to bidding and to make montly payments on the estimated construction costs. ~' I' t~ '1') l. f: ~( ~'.. " -, ,I , " I I ,'" Staff is recommending the adoption of the resolution authorizing the execution of the Cooperative Agreement. l v' I r ~ ~j r, ~~ j,'. k;: jq l~ i',: J'~ ~ oIi:' ~~ ~~t ft1 , il'. ( , i'~! A total of $1,985,571.00 has been allocated in Account No. 242-362-57663 to fund the City portion of this improvement. The RDA has been notified relative to the funding requirements and the City financial officer must be a signa tor to the agreement that funds are available for this project. Draft plans and specifications have been submitted to the State for review and comment with final plans and speci- fications expected in mid June of 1989. Upon completion of the design and specifications, the project goes to the State for advertising, award of the contract and for contract admin- istration. hi ~ ' .~ ~~,( 'j;' :"'" It:', ,'.. "- 4-12-89 , "., ~~ , " ~,. ~", , ",' " ::~ 75.0264 \# !~~ . ,.~'.." 1.(' - 10....- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4/11/89 - c ~r ", ,-.J ',')' -., , , :";1 RESOLUTION NO; RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ1MG ,'"' EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA RELA'f;t1lQ ~ TO THE INSTALLATION OF EXIT AND ENTRANCE RAMPS ON ROUTE 1-10 A' CARNEGIE DRIVE AND HOSPITALITY LANE. ,,;.' BE ,IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 'l'R!: CITY OF SAN BERNARDINQ AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino 1. hereby authorized and directed to execute, on behalf of said City, an agreement with the State of California relating to the installation of exit and entrance ramps on Route 1-10 at Carnegie ;"','; il" ~ :t " Drive and Hospitality Lane, which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully I',r ~,; \~. 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 ~!; y,l r~ P, t" jj; , , ,"il ., ~ "l or authorized. I HEREBY CERTIFY that the foregoing resolution was duty adopted by the Mayor and Connon Council of the City of San ,~, Bernardino at a meeting thereof, held on the ",;\; I. , It,! f\j ~i~ ~ .> ';~<\:1 t': day of , 1989, by the following vote, to-wit: AYES: Council Members " 1-; 11;, t, NAYS: ABSENT: " t , "'< 'if~ City Clerk i ;:;~ " ;':~"u ,,'i~,:-: " ,4, ",~'tJ < " . 'i'~ ' 'i~~ " ....... , RESO: 1 2 3 - - AUTHORIZING{KECUTIQN OF X~"\:EMENT WITH THE STATE OF CALIFORNb( RELATING TO ~S ON I-10 AT CARNEGIE DRIVE AND HOSPITALITY LANE. The foregoing resolution is hereby approved this day of , 1989. ~) , ~ ':rf!l; fo, ,~ . ,~ 1."\;'Ji ;!i'~ ~. ,:: :~ , " '~~A 1:?l '<~ Evlyn Wilcox, MayQr City of San Bernardifto :i~ H. t~\!! H:71" :..., .J ",: , "\'h~ <:'~~1:',:; J.ii!ii1 '~1t<; .' . i' ~., ,iI', .!,<~'~~ ~:::, '. <~:t I ,~.il , 1'~1' ~ .~ 'f 1';;' If":; " .~( ;~ ('1 i,i r; r: '1: '~; :.~~~;~ r~1 .~ I~: ) ".< ~,~ 'w':' ..~1;,.~ It, 1 :, :r"~: ""I'\~::,: " ,n,," ,rile' ;'f"1'.'" ~" ":;t~ ',:,i;~~: ;',," ';' '" ':~';' \11'" . ',,, "~~ . ~ ;.1'_~ , i~1 ( '-;1';(<'\ ,;" ~'F,:' . ."., I.., . - ~i ~!~ . i:~i: 1,"'" i#?t.: .... !~~ ~~: ~."" ~i~' ~~::i ~~); I.~;' r;'":'!'~ '~;, !l!'.; ~~ ~'I ~~l ~;!l'" ~'!1. ~,~!. , ''i\f :"'i,' ,:~ . ~~~ . "I.: _, ;"-) " 'f' 11\,'1' iJ ;t.> ~~~ ~l1 ~~" ',~ ,-.d ~ >''1' L'I ",:".., -'I:' ~-' ~-:t~) I,'" 1- ,I '~f:,<a ;~l1fj~l I! "., t'fi" ~::,:,\,~ ~ .,p' /." , ;'" .j..-"' 'If'<i "j;, I!)"i , j/I'-':' I~j.,: .~'I ~. ~~.: [,: r~6~ ~~, ti1::, ~i , ,; . 08-SBd-10-24.7/26.3 204 - 202101 At Waterman Ave Interchange Revise and Construct WB Ramps & Add A~xiliary Lane District Agreement No. 8-640 COOPERATIVE AGREEMENT This AGREEMENT ENTERED INTO ON , 19 _ 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. 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 the CITY. (2) CITY desires State highway improvements consisting of constructing new westbound entrance and exit ramps at Carnegie Drive, removing existing Waterman Avenue westbound exit ramp, constructing an auxiliary lane on Route 10 from Tippecanoe Avenue westbound entrance ramp to the new Carnegie Drive exit ramp and improvement of the existing Waterman Avenue entrance ramp (Area of responsibility shown on Exhibit "Jl".), all referred to herein as "PROJECT". (3) This Agreement supersedes the "Memorandum of Understanding (MOU)" dated March 3, 1987; initiated by STATE and concurred with by CITY. (4) CITY desires to assist STATE in the acquisition of Right of way, to prepare plans, specifications and estimates (PS&E) and to partially fund construction costs for PROJECT in order to bring about the earliest possible construction of PROJECT. EXHIBIT -A- r~"" :~ .i i ~ W, ~'l ffi \.t'~ [~' ~w~ ~~, ~ ~IF ~' ;t, ~ l'l, ~4 ~,!t, .,', , fl Ij ~ ~ I~,',:, .jj ~., ~, !:l .. " "- " ,I 08-SBd-l0-24.7/26.3 Page 2 (5) The parties hereto desire to define herein the terms and conditions under which said PROJECT is to be developed, designed, and constructed. SECTION I STATE AGREES: (1) To provide CITY with necessary regulations, pOlicies, procedures, manuals, standard plans and specifications, and other standards required to prepare the PS'E for PROJECT. (2) To work with CITY to assure that required State and Federal procedures are followed. (3) To provide prompt reviews and approvals, as appropriate, of submittals by CITY and to cooperate in timely processing of PROJECT. (4) To provide, at STATE expense, oversight of all right of way activities undertaken by CITY, or its designee, pursuant to this Agreement. (5) To issue, upon proper application, an encroachment permit to CITY authorizing entry by CITY's staff and consultant(s) onto STATE's right of way to perform survey and other investigation activities required for preparation of the PS'E. (6) To fund actual construction costs for the carnegie Drive Entrance Ramp. This includes the following: (a) Widening of the Route 10 Waterman Avenue undercrossing structure on the north side. (b) Construction of a structure over the San Timoteo Creek Channel. (c) Expenses, if any, for the relocation of affected pUblic utilities. (7) To acquire necessary right of way westerly of San Timoteo Creek for the Carnegie Drive westbound entrance ramp. (8) To handle the arrangements for the relocation and/or protection of all public utilities affected by PROJECT. Financial responsibility for utility relocation is set forth in Section I, Article 6 and Section II, Article 15. " , ".... /,-..... >...,... '\.. "I 08-SBd-lO-24.7/26.3 Page 3 (9) To accept title to right of way provided by CITY following review by STATE to insure CITY has conformed to Federal Highway Administration (FHWA) regulations in the acquisition of said right of way. (10) To fund actual construction costs for widening of the existing westbound Waterman Avenue entrance ramp and channelization to Route 215 north and south. (11) To advertise, award, and administer the construction contract for PROJECT, fund all actual construction engineering costs for PROJECT, and provide construction permits for PROJECT. (12) After opening of bids, STATE shall provide a Schedule of Projected Monthly Reimbursable Expenditures for construction costs of CITY's portion of PROJECT. (13) To provide CITY quarterly reports of actual expenditures compared to the estimates (basis for scheduled deposits) and updated planned reimbursement schedules. The cash deposit amounts may be revised based on the updated planned expenditure schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that CITY's advance deposits, pursuant to section II, Article 17 will always be sufficient. (14) To submit to CITY a final report of expenditures for portions of PROJECT that is CITY responsibility within thirty (30) days after completion and acceptance of the construction contract for PROJECT. (15) To return any remaining CITY funds deposited with STATE, pursuant to section II, Article 17, within thirty (30) days after completion and acceptance of the construction contract for PROJECT and delivery of acceptable title to the rights of way in accordance with section II, Article 11. (16) To operate the traffic control signal for the intersection of Hospitality Lane and Carnegie Drive as installed and pay 100% of the operation cost. (17) To maintain the entire traffic control signal and safety lighting for the intersection of Hospitality Lane and Carnegie Drive and pay an amount equal to 25% of the total maintenance costs, including electrical energy costs. If . "- ....,."~ '."\ "I I..w. 08-SBd-10-24.7/26.3 Page 4 SECTION II CITY AGREES: (1) To prepare the PS&E for said PROJECT with CITY Consultant forces. The PS&E is to be prepared in accordance with STATE's laws, rules, regulations, policies, procedures, manuals, standard plans, specifications, and other standards as provided by the STATE in accordance with Section I, Article 1 of this Agreement. Said PS&E is to be subject to an ongoing review, formal draft, final review and approval by STATE. The CITY Consultant or its subconsultant shall not incorporate in the design any materials or equipment of single or sole source origin without the written approval of STATE. Proprietary names of material or equipment shall not be used on the plans or in the specifications. (2) To fund one hundred (100) percent of all preliminary engineering costs for PROJECT. (3) To have detailed Plans, specifications and Estimate (PS&E) prepared at no cost to STATE and to submit each to STATE for review and approval at appropriate stages of development. Final plans shall be signed by a civil Engineer registered in the State of California. (4) To permit STATE to participate in the selection of consultants if consultants will perform right of way activities. CITY also agrees, if requested by STATE, to discontinue the services of any consultant considered by STATE to be unqualified, on the basis of credentials, professional expertise, and failure to perform. (5) CITY and/or consultants will be available to STATE through completion of construction of PROJECT to discuss problems which may arise during construction or to make design revisions for contract change orders. (6) Not to use Federal aid funds for design of PROJECT. (7) To make formal application to STATE for necessary encroachment permits authorizing entry onto STATE's right of way to perform surveying and other investigative activities required for preparation of PS&E. (8) To perform all right of way activities, including acquisition of all permits and rights necessary for the construction, operation, and maintenance of the improvements crossing San '" , /'""" -...." ...... '- ,,/ ) 08-SBd-lO-24.7/26.3 Page 5 Timoteo Creek (except as noted in Section I, Articles 6 and 7 and excluding contractor's permits), at no cost to STATE, in accordance with procedures acceptable to STATE, . and in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight, to assure that the completed work is acceptable for incorporation into the State Highway system. (9) I f outside right of way consultants are. employed, administration of the consultant contract shall be performed by qualified public agency employees. (10) To certify legal and physical control of rights of way ready for construction, excluding that referred to in section I, Article 7, and that all rights of way were acquired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of PROJECT. (11) To deliver to STATE legal title to the right of way, free and clear of all liens and encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility, excluding that referred to in Section I, Article 7. Acceptance of said title by STATE is subject to a review of a policy of Title Insurance in STATE's name to be provided and paid for by CITY. Final right of way maps shall be signed by a civil Engineer registered in the State of california. (12) To furnish to STATE as soon as available reproducible project plans and utility conflict maps adequate for utility relocation planning purposes to permit STATE to proceed with its obligation pursuant to section I, Article 8. ( 13 ) To furnish to STATE, final reproducible right of way maps, prepared to State standards, prior to STATE's commencement of appraisals for STATE acquired right of way. (14) To provide STATE, records of the acquisition of rights of way, including, but not limited to, correspondence, agreements, deeds, contracts, notices and summaries. (15) To pay expenses, if any, for the relocation of affected public utilities for the project, excluding STATE's utility obligation set forth in section I, Article 6. Liability for utility relocations and/or protection shall be in accordance with appropriate Master Contracts and prior rights of the affected utility companies and will be handled in accordance - ,. , ...- - V -.....I 08-SBd-10-24.7/26.3 Page 6 wi th STATE's customary relocation procedures. Relocation billing, if any, when received by STATE from utility Companies shall be forwarded to CITY for payment. (16) Certification by CITY's responsible fiscal officer that funds of $1,015,000, which is CITY's estimated share of construction cost, are budgeted and available for payment to STATE shall be made part of this Agreement. These funds shall be deposited to STATE in payments as specified in Section II, Article 17. (17) Before commencement of construction activities, CITY shall deposit with STATE the amount of $200,000, said amount represents two (2) months estimated costs of construction on CITY portion. Thereafter CITY will provide STATE with advance cash deposits ten (10) working days preceding the beginning of the month of planned expenditures. Such deposits will be based on a planned expenditure schedule to be provided by STATE according to Section I, Article 12. CITY further agrees to make additional advance deposits if costs of construction on CITY portion are expected to exceed the original deposits. In the event CITY fails to make said deposits within thirty (30) days of the scheduled due date, STATE will direct the state Controller to withhold an equal amount from future payments due CITY from the Highway Users Account and transfer said amount to STATE. (18) To fund actual construction costs of the westbound exit ramp to Carnegie Drive and auxiliary lane on Route 10 from Tippecanoe Avenue westbound entrance ramp to the new exit ramp. (19) To fund actual construction costs for signalization and lighting of the intersection of Hospitality Lane and carnegie Drive. (20) To reimburse STATE for CITY's proportionate share of the cost of maintenance of the traffic control signal and safety lighting, such share to be an amount equal to 75% of the total maintenance costs, including electrical energy costs. 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 .. . ,., ~,r'~ " ....... "-' ',,~.../, 08-SBd-10-24.7/26.3 Page 7 and the allocation of resources by the California Transportation commission. (2) The estimated CITY's and STATE's share of construction and right of way costs for the proposed Waterman Avenue ramp improvements and auxiliary lane are shown in Table I. CITY's right of way acquisition cost is an approximate value of the land it is to receive, at no cost, for the construction of the new westbound off-ramp and auxiliary lane. (The land donation was confirmed in a letter from CITY dated April 29, 1988.) (3) Should any claim arising out of PROJECT be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY's share of costs or execute a subsequent agreement to cover those eventualities. CITY's share of costs will be the percentage of the CITY's portion of the actual construction cost to the total actual project construction cost. (4) The CITY shall designate a Project coordinator and the STATE shall designate a Contract Administrator through whom all communications between the two agencies shall be channeled. The project Coordinator and Contract Administrator shall review the work of the CITY Consultant during performances of the PROJECT PS&E work. (5) Upon completion of all work under this Agreement, ownership and title to all engineering reports, documents, plans, specifications, and estimates including the resident engineer memorandums, and estimate backups produced as part of this PROJECT shall automatically be vested in the STATE and no further Agreement will be necessary to transfer ownership to the STATE. (6) It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons 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 .. '- - . ".."'-. '-' , 08-SBd-10-24.7/26.3 Page 8 . connection with any work, authority or jurisdiction delegated to CITY Under this Agreement. . (7) It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons 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 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 reasons 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. (8) Prior to award of a construction contract, CITY may terminate the PROJECT and this Agreement in writing, provided the CITY reimburses STATE for all PROJECT costs incurred prior to termination. (9) If, upon opening of bids, it is found that a cost overrun 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 8 of this Section III. (10) That upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances which are installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's rights of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated. (11) Except as otherwise provided in Article (8) above of this Section III, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT or on January 1, 1992, whichever is earlier in time; however, the ownership, operation, maintenance and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. Any STATE refunds due CITY shall be determined after final accounting of costs. Should any claim arising out of this project be asserted against STATE, CITY - - V' ~ '- - ~ ...."..... '-.,,,/ 08-SBd-10-24.7/26.3 Page 9 agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY's share of costs or execute a subsequent agreement to cover those eventualities. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month, and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation CITY OF SAN BERNARDINO ROBERT K. BEST Director of Transportation By Evlyn Wilcox, Mayor By KEN STEELE District Director ATTEST: city Clerk APPROVED AS TO FORM AND PROCEDURE: APPROVED AS TO LEGAL FORM AND CONTENT: r J e--- city Attorney Attorney Department of Transportation DIstrict Accounting Officer I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of payment to STATE as stipulated in this Agreement. CERTIFIED AS TO FUNDS AND PROCEDURE: City Fiscal Officer 41<">' I"" ~ '.~" \ """ V '~,"'" j 08-SBd-l0-24.7j26.3 Page 10 Table I Waterman Avenue at Route 10 Estimated Interchange Improvement Costs Construction Riaht of Way Exit Ramp and signalization CITY $1,015,000 $2,894,000 Entrance Ramp and Freeway Channelization STATE 1. 255.000 216.000 TOTAL $2,270,000 $3,110,000 .. ...... "" <.D .n_Z_ < Ci a: w ~ "" ::J Z "" > < ~ .~ "" :c ~ - - '-' r" .....) ) '-..- I I . ~ 3O~]ddH. 8 , ~ ~ " ~ N . . I !O ;:: . Ell ~ . -" = z' . t: ~ o' i', ~ .. 2 ~c . I ~ ~ ,= ~ .' d 8 v @z . . .. . ~ z ~~38N <.J ~'-~iO lii8~rJJ 40 J..ij:J~ --- g Ii r . . . . v s i tICI]Itllt4~ " ~~ ..g~ q . :: ,~ ,~ '" ~! " ..r' ,t ~, ;, ... U I" .oz =:.~ hi ~ ~P"; ~ it it, ~ I ~ i i ~ ~ . i . . . i ~ In . > q z e g ONllJYNHiB NYS.lO Ail) SJ.Hl'1H NOJ.1O:) .lIO AilJ ~: ~. ~ii ~. II . "- ~~ , .3 .