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HomeMy WebLinkAboutS02-Public Works - . CITY OF SAN BERNARDINO .- - REQUEST FOR COUNCIL ACTION File N--' 11.42. CUP 91-26 Authorization to Execute Coopera- Subject: tive Agreement with Department of Transportation -- Construction of Temporary Connection from Route 330 -- WAL-MART Development . From: ROGER G. HARDGRAVE Dept: Public Works Date: 10-30-91 Synopsis of Previous Council action: 08-19-91 -- Authorization granted for Mayor to execute a Memorandum of Understanding with Caltrans relative to adjustment of construction schedule for Route 30/330 Freeway project, in order to acconunodate the target opening date for Wal-Mart. Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman Tim Steinhaus Al Boughey Contact person: Roqer G. Hardqrave Staff Report, Agreement & Resolution Phone: 5025 Supporting data attached: Ward: 4 FUNDING REQUIREMENTS: Amount: $70.000 (Bond Proceeds) Source: IAcct. No.) To be determined bv EDA IAcct. DescriPtion) Finance: r~ fJr Council Notes: 75-0262 Agenda Item No. .5-,2 -, CITY OF SAN BER'ORDINO - REQUEST ryR COUNCIL ACTION Page 1 of 2 The Wal-Mart Development, at Highland Avenue and Boulder Avenue, has a target opening date of April, 1992. Certain im- provements will need to be done on Highland Avenue, in, order to handle the additional traffic projected to be generated by this development. STAFF REPORT Basic street improvements will be installed on Highland Avenue (current State Route 30), under Caltrans' contractor for the Route 30/330 Freeway project. These improvements will be done as one of the last phases of work, after mountain traffic has been diverted to the new freeway. According to the contractor's schedule, the improvements to Highland Avenue will not be done until 1993. Interim improvements will be needed on Highland Avenue, in the event that this development opens for business prior to the improvements in Ca1trans' project having been constructed. These interim improvements will have to be removed to allow Ca1trans' contractor to do the items of work in their contract. This will create additional costs. At the Council meeting of 8-14-91, the Mayor was authorized to execute a Memorandum of Understanding with Caltrans, relative to adjustment of the construction schedule for Route 30/330 Freeway project. The Memorandum of Understanding provides that Ca1trans will amend their contract to provide for the installation of interim improvements. These interim improve- ments will shift traffic to the ultimate alignment of Highland Avenue. This shift will allow the developer to install traffic signals at Highland Avenue and Boulder Avenue, and install access provisions in their final location. One of the provisions of the Memorandum of Understanding is that Caltrans would prepare a Cooperative Agreement to formally define the roles and responsibilities of both parties. The proposed Cooperative Agreement was prepared pursuant to this provision. Under the terms of the proposed Cooperative Agreement, Caltrans will issue a contract change order to their contractor on the Route 30/330 project for construction of a temporary connection. Caltrans will submit a billing to the City for the estimated cost of $70,000. This amount will have to be paid within 30 days after receipt of billing. An item is scheduled to be on the Community Development Commission meeting of 11-4-91 to re-allocate the available balance from the project for widening the South "E" Street 10-30-91 15-0264 -~~ CITY OF SAN BER~RDINO - REQUEST L9R COUNCIL ACTION STAFF REPORT Page 2 of 2 Bridge, to finance the improvements for the Wal-Mart Development at Highland Avenue and Boulder. The estimated cost of $70,000 for the temporary connection will also be financed from these bond proceeds. URGENCY CLAUSE The Development Agreement with Wal-Mart is scheduled to be on the Council Supplemental Agenda of 11-4-91, in order to meet the developer I s time frame for this development. This Cooperative Agreement also needs to be approved on this date in order to avoid delaying this development. 10-30-91 75-0264 -,," " o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 CONSTRUCTION OF A TEMPORARY CONNECTION FROM EXISTING ROUTE 330 TO THE FUTURE HIGHLAND/BOULDER AVENUES INTERSECTION. 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, and any amendments(s) to thQ Agreement, relating to Construction of a Temporary Connection from existing Route 330 to the future Highland/Boulder Avenues Intersection, in the City of San Bernardino, 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 17 18 executed and no oral agreement relating thereto shall be implied 19 20 21 obligated hereunder unless until and the is fully agreement or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 22 passage of this resolution. 23 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28//// 10-28-91 1.,..:..,,;)v.; h,-,...~';'-...J...-,~....__',-, ........~....___.~..~ .__..;. .....v'-"Z........-""-...........v..::... ..~u...,......L~.~L...~... 'A...l..J..fl 0.............;..., DEPARTMENT OF TRANSPORTATION RELATING TO TEMPORARY Cc:1ECTION FROM ROUTE 330 TO<:)GHLAND/BOULDER AVENUES. 1 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San meeting thereof, held on the Bernardino at a day of , 1991, by the following vote, to-wit: 5 Council Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR NAYS ABSTAIN ABSENT AYES 11 POPE-LUDLAM 12 MILLER 13 14 15 16 day of 17 18 Rachel Krasney, City Clerk The foregoing resolution is hereby approved this , 1991. W. R. Holcomb, Mayor 19 Ci ty of San Bernardino Approved as to form 20 and legal content: 21 22 23 24 25 26 27 28 James F. Penman City Attorney (" '1 \ 'j '/ By \~ "...-,. ,j :---., cJ,,---.. /) - 2 - ,-" o o OS-SBd-30-R26.7/R30.3 OS-SBd-330-R2S.7/R30.3 OS204 - 157903 state Routes 30/330 City of SBd Arden Ave and 5th street city of Highland District Agreement No. S-762 COOPERATIVE AGREEMENT THIS AGREEMENT ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department 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 CITY. (2) STATE has a freeway construction project now in progress on State Routes 30 and 330 between Arden Avenue in the City of San Bernardino and 5th Street in the City of Highland, including relocation of the existing Routes 30/330 at-grade junction at Highland and Boulder Avenues to the Route 30 freeway alignment, referred to herein as "CONTRACT". (3) CITY desires construction of a temporary connection from existing Route 330 to the future (post construction) Highland/Boulder Avenues intersection. Said temporary connection will require STATE's contractor to perform work 1 o o 08-SBd-30-R26.7/R30.3 08-SBd-330-R28.7/R30.3 8-762 (4) at said location at an earlier stage of construction than specified in the contract Special Provisions. STATE is agreeable to perform all engineering and construction activities for PROJECT as part of CONTRACT. STATE will benefit from PROJECT by improved traffic control during the remainder of CONTRACT construction and until relinquishment of this portion of Routes 30 and 330. Realignment of the Highland/Boulder Avenues intersection will allow CITY to install traffic signals to provide better access to CITY controlled commercial development north of Highland Avenue approximately one year earlier than originally planned. (7) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. (5) (6) SECTION I STATE AGREES: (1) To provide all labor, materials, tools and equipment, all necessary preliminary engineering, including plans and specifications, and all necessary construction engineering for PROJECT. (2) To construct PROJECT by Contract Change Order to STATE Construction Contract 08-157904. (3) To establish separate PROJECT accounts to accumulate charges for all costs to be paid by CITY pursuant to this Agreement. (4) To submit an initial billing in the amount of $70,000 to CITY immediately following authorization of STATE's Contract Change Order. Said billing to represent CITY's total estimated cost for PROJECT. (5) Upon completion of PROJECT and all work thereto, to furnish CITY with a detailed statement of the total actual cost of construction, preliminary and construction engineering and any utility protection, relocation or removal costs which 2 o o 08-SBd-30-R26.7/R30.3 08-SBd-330-R28.7/R30.3 8-762 may be incurred during construction of PROJECT, including the costs of any contract claims which may have been allowed to the construction contractor. STATE, thereafter, shall refund to CITY (promptly after STATE's aUdit) any amount of CITY's deposit required in Section II, Article 1 remaining after actual costs to be borne by CITY have been deducted, or bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. SECTION II CITY AGREES: (1) To deposit with STATE within 30 days after receipt of billing therefor, the amount of $70,000, which figure represents CITY's estimated expense for construction, preliminary and constructing engineering, utility protection, relocation and/or removal and contractor's claims required to complete PROJECT. (2) Upon completion of PROJECT, to install a traffic signal system at the relocated Highland/Boulder Avenues intersection. Said traffic-signal system to include a Type 170 Controller with an interconnect provision for synchronization with the future STATE installed signal system at the Route 330/Highland Avenue interchange ramps and to pay one hundred percent (100%) of all costs therefore as a separate project under Encroachment Permit. (3) To pay State upon completion of all work and within 25 working days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforementioned deposits and payments required to complete CITY's financial obligations pursuant to this Agreement. (4) STATE's Construction Contract claims process will be used in consultation with CITY. CITY shall abide by the outcome of said process. 3 o o 08-SBd-30-R26.7/R30.3 08-SBd-330-R28.7/R30.3 8-762 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 and the allocation of resources by the California Transportation Commission. (2) Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (3) Prior to execution of the Contract Change Order for PROJECT, CITY may terminate this Agreement, in writing, provided that CITY pays STATE for all PROJECT related costs incurred by STATE, under terms of this Agreement. (4) STATE shall terminate this Agreement prior to execution of the Contract Change Order if STATE's contractor cannot accomplish PROJECT without adversely affecting current CONTRACT schedules or costs. (5) If termination of this Agreement is by mutual consent, CITY will bear one hundred percent (100%) of all PROJECT related costs incurred by STATE pursuant to this Agreement. (6) In the construction of PROJECT, CITY may, at no cost to STATE, furnish a representative, if it so desires. Said representative and STATE's Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail as final, binding and conclusive in all matters concerning PROJECT construction contract. (7) Upon completion and acceptance of PROJECT construction by STATE, STATE will maintain the temporary connection. (8) 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 CITY under this Agreement. It is also agreed that, pursuant to Government Code section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability 4 COOPERATIVE AGREEMENT: CONSTRUCTION OF TEMPORARY CONNECTION FROM EXISTING ROUTE 3~. ::J 08-SBd-30-R26.7/R30.3 08-SBd-330-R28.7/R30.3 8-762 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 delegated to CITY under this Agreement. (9) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. (10) Except as otherwise provided in Articles (3) and (4) of this Section III, those portions of Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by STATE, or on completion of STATE's construction contract, whichever is earlier in time. STATE OF CALIFORNIA Department of Transportation CITY OF Mayor JAMES W. VAN LOBEN SELS Director of Transportation Attest: City Clerk By Approved as to form and legal content: KEN STEELE, District Director APPROVED AS TO FORM AND PROCEDURE: James F. Penman City Attorney CERTIFIED AS TO FUNDS AND PROCEDURE: 11 Ii / / o'-2'~"-' 9 /J f/-Z/~ I Attorney, Department of Transportation District Accounting Administrator 5