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CiTy'OF ~N BERNo.blNO - REQUEST ~'COUNCIL ACTION
From: ROGER G. HARDGRAVE
~: Public Works/Engineering
Date: 4-18-91
Authorization to Execute Cooper a-
Subject: tive Acjreement with State of
California Dept. of Transportation
- Modification of Traffic Signals
at University Parkway . Kendall
Drive (Rte, 206)
Synopsis of Pnwious CouncilllCtion:
~.
Recommended motion:
Adopt resolution
cc: Shauna Edwins
Andy Green
Jim Penman
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Ward:
5125
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Contllc:t penon:
Supponing dlIta .llloollld:
Gene R. Klatt
Staff Report,
Resolution. Acrreement
Phone:
FUNDING REQUIREMENTS:
Amount:
N/A
Soun:e: (Acct. No.!
242-362-57423
IAcct. DescriDtion)
Modifv Traffic Sicrnals at
University parkwav & Kendall Drive
Finlllce:
Council Notes:
75-0262
Agenda Item NO.3 3
CIT~ OF SAN BER&DINO - REQUEST .QR COUNCIL ACTION
STAFF REPORT
The intersection of University Parkway and Kendall Drive
(Route 206) presently lacks a protected left turn phase for
traffic on Kendall.
During the development of the south east corner of the
intersection, the developer was required to make a traffic study
that identified the further need for upgrading this inter-
section. Addi tionally, this study pointed to the need for. a
raised median to prevent unsafe movements from the new develop-
ment.
Plans for the median and modifications to the signal have
been prepared and submitted to Caltrans for review and approval.
Because Kendall Drive is still under the jurisdiction of the
State, their approval must be obtained. However, because the
State still is a party to the improvements, staff has contacted
the appropriate sections to secure proportional funding of the
improvements.
The attached agreement sets forth the responsibility of
each party for the design, construction and maintenance of the
proposed improvements. The state will contribute a maximum of
$27,000 for the signal modifications. The City's share of the
costs will be funded by fees collected from the developer and
the line item account within the street construction fund. It
is anticipated that plans and specifications will be approved by
Caltrans in the next few week~.
Staff, therefore, reconunends adoption of the resolution
authorizing execution of the cooperative agreement.
4-18-91
75-02..
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION RELATING TO MODIFICATION OF TRAFFIC
SIGNALS AT UNIVERSITY PARKWAY AND KENDALL DRIVE (ROUTE 206).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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 modification of traffic
signals at University Parkway and Kendall Drive, in the City of
San Bernardino, a copy of which agreement is attached hereto,
marked Exhibit "An 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.
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
4-18-91
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RESO:
AUTHO~ZING EXECUTION OF COOPERA~ AGREEMENT WITH STATE
OF C ORNIA DEPARTMENT OF TRAN TATION RELATING TO
TRAFF SIGNALS AT UNIVERSITY P Y AND KENDALL DRIVE.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Conunon 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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City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
21 James F. Penman
City Attorney
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08-SBd-206-4.2
In the City of"SBd
Rte 206 at University Pkwy
Modify Traffic Signal
08212-363600
Dist. Agreement No. 8-726
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
"CJ:TY"
RECITALS
(1) STATE and CITY contemplate modifying traffic control
signal and safety lighting at the intersection of University Parkway
with State Highway Route 206, 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".
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 and to bear CITY's share of the expense thereof ~
(2) 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
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"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 (12). 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.
(3) To apply for necessary encroachment permits for
required work within State highway rights of way, in accordance with
STATE's standard permit procedures.
(4) That PROJECT will be advertised, awarded, and
administered in accordance with STATE's current Local Programs
Manual, Volume II.
(5) To construct the PROJECT in accordance with plans and
specifications of CITY, to the satisfaction of and subject to the
approval of STATE.
(6) Upon completion of PROJECT, to furnish STATE a
complete set of full-sized film positive reproducible "As-Built"
plans.
(7) To maintain the entire traffic control siqnal(s) and
safety lighting as installed and pay an amount equal to 50' of the
total maintenance costs, including electrical energy costs.
(8) 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 final payment, all records and accounts relating to
construction of the project.
SECTION Il:
STATE AGREES:
(1) To deposit with CITY within 25 days of receipt of .
billing therefor the amount of $27,000.00; which figure represents
STATE's agreed share of the expense of preliminary engineering,
construction engineering, and construction costs required to complete
PROJECT. STATE's total obligation for said anticipated project costs
under this Agreement shall not exceed the amount of $27,000.00.
(2) 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.
(3) To prepare a "project Report" justifying the need for
PROJECT, to prepare all necessary environmental evaluation and
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clearance dOCUlllents and to furnish copies of these documents to CITY
in a timely manner.
(4) To provide a state Project Coordinator to coordinate
and promptly review the work of CITY and its consultants, if any,
aurinq the preparation of PS&E for PROJECT.
SECTION :r:rr
IT IS MUTUAl.T.V AGREED AS FOLLOWS:
(1) All obliqations of STATE under the terms of this
Aqreement are subject to the appropriation of resources by the
Leqislature and the allocation of resources by the california
Transportation COIDIIIis.ion. Should CITY award a contract for
PROJECT prior to the allocation of resource. by the California
Transportation COIDIIIission, there is no quarantee 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 qas tax funds, all applicable laws,
requlations and policies relatinq to the use of such funds shall
apply notwithstandinq other provisions of this Aqreement.
(3) That construction by CITY of improvements referred to
herein which lie within STATE riqhts of way or affect STATE
facilities, shall not be commenced until CITY's oriqinal contract
plans involvinq such work, have been reviewed and approved by
siqnature of STATE's District Director of District 8, or his
deleqated aqent, and until an Encroachment Permit authorizinq such
work has been issued by STATE therefor. Receipt by CITY of CITY's
contract plans siqned by STATE shall constitute STATE's acceptance of
and official approval of said plans.
(4) That CITY will obtain the aforesaid Encroachment
Permit throuqh the office of STATE's District 8 Permit Enqineer and
that CITY's application therefor shall be accompanied by reproducible
tracinqs 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 riqhts of way or wh~ch affects STATE facilities,
pursuant to work covered by this Aqreement. CITY's authorization to
proceed with said work shall, however, be continqent 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 Per1,llit from STATE prior to commencinq any work which
lies within STATE riqhts of way or which affects STATE facilities.
The application for said Encroachment Permit shall be made throuqh
the office of STATE's District Permit Enqineer and the permit shall
be issued free of charqe by STATE.
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(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 PROJECT until after
receipt of STATE's deposit required in Section II, Article (1).
(7) 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 CITY must legally pay, STATE and CITY will bear
entire cost of said protection, relocation or removal, plus cost of
engineering overhead and inspection. If any protection, relocation
or removal of utilities is required, such work shall be performed in
accordance with STATE policy and procedure. CITY will bear the cost
pay its share at the time of final billing based on actual costs.
(8) 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.
(9) 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.
(10) 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 Government Code
Section 895.4 CITY shall fully ind8lll1ify 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.
(11) 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 delegated to STATE under this
Agreement.
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MODIFICATION OF
'DRIVE .
TRAFFIC
o
SIGNALS AT
UNIVERSITY PARKWAY AND KENDALL
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(12) That, in the construction of said work; CI'l'Y
wil.l. furnish a representative to perform the functions of a Resident
Engineer, and STATE IDI1Y, at no cost to CI'l'Y, furnish a
representative, if it so desires, and that said representative and
Resident Engineer wil.l. cooperate and consul.t with each other, but the
decisions of STATE's representative shal.l. prevail. on work within
STATE's right of way.
(13) That those portions of this Agreement pertaining to
the construction of PROJECT shal.l. terminate upon compl.etion and
acceptance of the PROJECT construction contract by CI'l'Y or on
6-30-92 , whichever is earl.ier in time, however, the ownership,
operation and lDI1intenance clause ahal.l. relDl1in in effect until
terminated or modified in writing by III1Itual. agreement.
STATE OP CALlPOlUUA
Department of Transportation
ROBERT 1[. BEST
Director of Transportation
CI'l'Y OF SAN BERRARDIRO
BY
Mayor
By
Attest:
City Cl.erk
District Director
Approved as to form and
procedure
Approved as to form
and legal. content:
Attorney
Department of Transportation
J_s P. PeDlDl1D
City Attorney
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certified as to funds and
procedure
Disrtrict Accounting Officer
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