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4-
CITy 'OF SAN BI!RNOblNO - RI!QUEST NP:03COUNCIL ACTION
From: ROGER G. HARDGRAVE
Authorization to Execute Agreement
Subject: with City of B,iqhland -- Installa-
tion of Traffic Siqnals at Inter-
section of Ninth. Street and Del
Rosa Drive
~: Public Works
Date: 4-10-91
Synopsis of Previous Council action:
1987 Allocation of Federal-Aid Urban Funds approved in
1987/88 Street Construction Fund Budqet.
06-06-88 Finding made of need for Health & Safety reasons, and
negative declaration adopted.
02-19-90 Plans approved and authorization qranted to advertise
for bids.
06-18-90 Resolution No. 90-250 adopted authorizing execution
of Program Supplement No. 62.
09-17-90 Resolution No. 90-391 adopted rejecting the low bid
and awarding a contract for second low bid price of
$172,325.00.
Recommended motion:
Adopt resolution.
cc: Shauna Edwins
Andy Green
Jim Penman
Con1llCt penon:
Roqer G. Hardqrave
Staff Report,
Aqreement & Resolution
Phone:
"0'"
Supporting data .tbn.hed:
Werd:
,
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.1 242-362-57372
(Acct. DescriDtionl Traffic. Siqnals - Del Rosa
Drive and 9th Street Finlllc:e:
Council NotllS:
75-0262
Agenda Item No
3D
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.ciTY' OF SAN BERNQaDINO - REQUEST ~ COUNCIL ACTION
75-0264
STAFF REPORT
One of the four approaches to the intersection of Del
Rosa Drive and 9th Street is within the City of Highland.
The proposed Agreement provides, in general, that the
City of San Bernardino will proceed to have the traffic signals
and appurtenant improvements installed, and the City of Highland
will permit the work to be done within their jurisdiction.
Furthermore, that the City of San Bernardino will assume respon-
sibility for maintenance of the traffic signals upon completion,
and be reimbursed for 25% of the costs by the City of Highland.
All costs incurred for this project will be financed with
Federal-Aid Urban Funds.
We recommend that this Agreement be approved.
4-10-91
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO
3 THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF DEL
ROSA DRIVE AND NINTH STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an Agreement with the City of Highland, relating to the
9 installation of traffic signals at the intersection of Del Rosa
10 Drive and Ninth Street, a copy of said agreement is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference
12 as fully as though set forth at length.
13 SECTION 2. This agreement and any amendment or modifica-
14 tions thereto shall not take effect or become operative until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized.
19 SECTION 3. This resolution is rescinded if the parties
20 to the agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
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4-10-91
RESO:
AUTHO~NG EXECUTION OF AGREE~WITH CITY OF HIGHLAND,
RELAT . TO INSTALLATION OF T~C SIGNALS AT DEL ROSA
DRIVE NINTH STREET.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and COllUDon Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of , 1991, by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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21 James F. Penman
City Attorney
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City Clerk
The foregoing resolution is hereby approved this
, 1991.
day of
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
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AGREEMENT
This AGREEMENT is made and entered into this dU-IIt.
day of J.4.arclt. , 1991, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter referred to as
"SAN BERNARDINO", and the City of Highland, a body corporate and
politic of the State of California, hereinafter referred to as
"HIGHLAND".
WITNESSETH
WHEREAS, traffic studies conducted by the Department
of Public WorkslCity Engineer of San Bernardino have indicated
that a traffic signal is presently warranted at the intersection
of 9th Street and Del Rosa Drive, and
WHEREAS, San Bernardino proposes to utilize Federal
Aid Urban Funds andlor other available funds to finance the cost
for completing this work at the intersection of 9th Street and
Del Rosa Drive, and
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WHEREAS, approximately 75% of the proposed project
the incorporated limits of San Bernardino, with the
25% located within the incorporated limits of Highland
is within
remaining
and
WHEREAS, construction of project is proposed for the
1990-91 fiscal year.
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION ONE: SAN BERNARDINO SHALL --
1.01 Perform all necessary field surveys, soil tests and
materials investigations necessary for design of
said improvements.
1.02 Act as Lead Agency in securing Environmental Review
Approval, prepare all required reports, agre_ents,
obtain all permits necessary to accomplish said
improvements.
1.03 Prepare construction plans, specifications, estimate
of quantities and costs, and contract documents.
1.04 Arrange for relocation or removal of all utilities
which are in conflict with said improv_ents.
1.05 Submit plans, specifications, estimates, and an
application for no-cost encroachment permit to
Highland.
1.06 Provide adequate construction
items of work performed under
referenced hereinabove, and
inspection and materials
Highland.
1.07 Maintain a detailed record of any proposed changes
to the approved plans and specifications, and secure
Highland's approval prior to authorizing any major
changes thereof.
1.08 Submit a set of "As-Built" plans to Highland upon
completion of project.
inspection of all
construction contract
maintain records of
test for review by
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1.09 Advertise, award, administer and fund a construction
contract for the hereinabove referenced improvements
in conformance with FAU funding requirements.
1.10 Accept responsibility for all costs of the project,
including preliminary engineering, construction
engineering, construction contracts, applicable
overhead charges, and other costs directly
attributable to project.
1.11 Upon completion of the project, assume 100% of the
maintenance responsibility for the signal subject to
reimbursement of 25% of cost by Highland in
Accordance with "Master Agreement for Maintenance of
Traffic Signals and Street Lights" executed July 7,
1988.
1.12 Require its contractor(s) to provide single limit
insurance covering bodily injury and property damage
in an amount of not less than one million dollars,
($1,000,000.00) naming city of San Bernardino and
City of Highland as additional insureds.
1.13 Invite Highland to participate in Final Inspection
of the work and secure Highland's approval prior to
filing of Notice of Completion.
SECTION TWO: HIGHLAND SHALL:
2.01 Permit San Bernardino to construct those portions of
the project within the incorporated limits of
Highland, in accordance with the approved plans and
specifications.
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2 2.02 Assist San Bernardino in accomplishing the removal
3 or relocation of utilities in conflict with the said
4 improvements.
5 2.03 Upon completion of the project, reimburse San
6 Bernardino on a yearly basis 25% of the cost of
7 maintenance and operation of the traffic signals and
8 assume 100% of the cost of maintenance of street
9 improvements installed in incorporated limits of
10 Highland under this project.
11 SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES HERETO
12 3.01 Each party shall only be responsible for damage of
13 liability arising out of its own negligence in
14 connection with any work, authority or jurisdiction
15 delegated to it under this agreement.
16 3.02 By using FAU funding on the project, such funds will
17 reduce the local cost share of San Bernardino by the
18 amount of FAU funds used.
19 THIS AGREEMENT shall inure to the benefit of and
20 binding upon the successors and assigns of the parties involved.
21 IN WITNESS WHEREOF, the parties hereto have
22 this agreement to be executed by their respective
23 thereunto duly authorized.
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~ AGREEMENT ~TING TO INSTALLATION OF~RAFFIC SIGNALS AT TH
INTERSECTIO~ DEL ROSA DRIVE AND NINT'-JTREET.
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ATTEST:
CITY OF HIGHLAND
BY: A.b-l"~, a,,~
DEPUTY city Clerk
BY, ~dn-
DY OTT. 'Mayor
Approved as to form and legal content:
(
fnt/i Zilni 1'\1- f1:l1t-rv'l/\r,-\
city of ighland - City A't:torney
ATTEST:
BY:
City Clerk
Approved as to form and legal content:
JAMES PENMAN, city Attorney
City of San Bernardino
By:g~~
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CITY OF SAN BERNARDINO
BY:
w. R. HOLCOMB, Mayor
City of San Bernardino