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Date:
3-03-92
REQUEST Q:>>R COUNCIL ACTION
File No. 1.383
Authorization to Execute Coopera-
Su~~: tive Agreement Modification
of Traffic Signals to Provide Left
Turn Phases on Highland Avenue
at Lincoln ---
STATE OF CALIFORNIA, DEPT. OF
TRANSPORTATTON
~~TY .OF SAN BEROHDINO -
From:
ROGER G. HARDGRAVE
Dept:
Public Works
Synopsis of Previous Council action:
June, 1990 -- Allocation of
Fund Budget,
approved.
$75,000 in 1990/91 Street Construction
under Account No. 242-362-57383,
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Andy Green
Contact person:
Roqer G. Hardqrave Phone:
Staff Reeort, Agreement,
and Resolution Wam:
'i02'i
Supporting data attached:
5 &
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FUNDING REQUIREMENTS:
Amount: $102,000 (Street construction Fund)
Source: (Acct. No.)
242-362-57383
Acct. Oescri tion
na1s - Hi
Finance:
and
Lincoln Avenue
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Council Notes:
75-0262
Agenda Item No J'V1
C~TY ~F SAN BERORDINO - REQUEST COR COUNCIL ACTION
STAFF REPORT
A request was received from The Home Depot for left turn
phases to be installed on Highland Avenue at Lincoln Avenue.
This request was based upon the desire to facilitate access to
their store.
Our Traffic Engineering Section has determined that
warrants for left turn phases are satisfied.
The Home Depot agreed to pay 25% ($18,750) of the total
estimated contract cost of $75,000.
Two developments in the area have paid a total of
(Account #772-301-24505) for modification of these
signals, as a condition of approval.
$22,500
traffic
Caltrans received approval for them to participate in the
cost to the extent of 50% ($37,500) and prepare the Project
Report and Cooperative Agreement. When Highland Avenue was
relinquished as a State Highway, the intersection of Lincoln
Avenue was excluded, in order that Caltrans could participate in
the project cost. This intersection will be relinquished after
execution of this Cooperative Agreement.
The proposed Agreement provides, in general, that the City
will act as lead agency and have the improvements installed.
Also, to pay 50% ($51,000) of the total project construction
costs. After deducting the contribution from The Home Depot
($18,750) and payment by the two developments ($22,500), the
City's share will be $9,750.
Caltrans agrees to deposit the amount of $51,000 with the
City, as their share (50%) of the total project cost.
We recommend that the Cooperative Agreement be approved.
3-03-92
75-0264
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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, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION, RELATING TO THE INSTALLATION OF LEFT TURN PHASES
ON HIGHLAND AVENUE (STATE ROUTE 30) AND LINCOLN AVENUE.
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,
acting by and through its Department of Transportation, relating
to the installation of left turn phases on Highland Avenue (State
Route 30) and Lincoln Avenue, 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.
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3-03-92
KEbU: AUTHUKIZING EXECUTION OF COOPERATIVE AGREEMENT WITH STATE
DEP~il~rMENT OF TRANSPORTATION R~TING TO LEFT TURN PHASES
ON ...mLAND AVENUE AND LINCOLN \,,4'ENUE.
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
4 day of
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
meeting thereof. held on the
, 1992, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
10 MINOR
11 POPE-LUDLAM
12 MILLER
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Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
day of , 1992.
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w. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
Byf?~-O.;9...Q <l
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08-SBd-30-23.2
Rte 30 at Lincoln Dr
08212-336400
District Agreement No. 8-767
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 left-turn phasing
at the intersection of Lincoln Drive with State Highway Route 30,
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, utility identification and
location, and all necessary construction engineering services for
the PROJECT and to bear CITY's share of the expense thereof, as
shown on Exhibit A, attached and made a part of this Agreement.
(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
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08-SBd-30-23.2
8-767
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 (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) 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) To pay an amount equal to 50% of the PROJECT
construction costs, as shown on Exhibit A but in no event shall
CITY's obligation for PROJECT construction costs under this
Agreement, excluding costs referred to in section III,
Article (12), exceed the amount of $43,125; provided that CITY
may, at its sole discretion, in writing, authorize a greater
amount.
(7) Upon completion of PROJECT and all work incidental
thereto, to furnish STATE with a detailed statement of the total
engineering and construction costs to be borne by STATE and to
refund to STATE (promptly after completion of CITY's audit) any
amount of STATE's deposit required in Section II, Article (1)
remaining after actual costs to be borne by STATE have been
deducted or to bill STATE for any additional amount required to
complete STATE's financial obligation pursuant to this Agreement,
subject to the limitations of STATE's participation as stipulated
in said Section II, Article (1).
(8) Upon completion of PROJECT, to furnish STATE a complete
set of full-sized film positive reproducible "As-Built" plans.
(9) 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.
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08-SBd-30-23.2
8-767
(10) 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 II
STATE AGREES:
(1) To deposit with CITY within 25 days of receipt of
billing therefore (which billing may be forwarded immediately
following CITY's bid advertising date of a construction contract
for PROJECT), the amount of $51,000; which figure represents
STATE's estimated share of the expense of preliminary
engineering, 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 $59,000, excluding costs
referred to in section III, Article (12).
(2) STATE's share of the construction cost (estimated to be
$37,500), shall be an amount equal to 50% of the actual total
construction cost as determined after completion of work and upon
final accounting of costs.
(3) STATE's share of the expense of preliminary engineering
shall be an amount equal to 50% of the CITY's actual costs for
preliminary engineering for the entire PROJECT.
(4) STATE's share of the expense of construction
engineering shall be an amount equal to 50% of the CITY's actual
costs for construction engineering for the entire PROJECT.
(5) To pay CITY upon completion of all work and 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 (12).
(6) To maintain the entire traffic control signal(s) and
safety lighting as installed and pay an amount equal to 50% of
the total maintenance costs, including electrical energy costs.
(7) To operate the traffic control signal as installed and
pay 100% of the operation cost.
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08-SBd-30-23.2
8-767
(8) To furnish the traffic signal control equipment for
project. The estimated cost of this STATE-furnished equipment is
$500 and the actual cost to STATE shall be deducted from the
STATE's share of the PROJECT costs.
(9) To issue, upon proper application by CITY and by CITY's
Contractor, the necessary Encroachment Permits for required work
within the State Highway rights of way.
(10) 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.
(11) 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.
SECTION III
IT IS MUTUATJN 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. 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) 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 therefore. Receipt by CITY of CITY's
contract plans signed by STATE shall constitute STATE's
acceptance of and official approval of said plans.
(4) 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
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08-SBd-30-23.2
8-767
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) 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 8 Permit Engineer.
(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) 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) After opening bids for the PROJECT and if bids indicate
a cost overrun of no more than 15% of the estimate will occur,
CITY may award the contract.
(9) 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 (11) of this Section III.
(10) Prior to award of the construction contract for the
PROJECT, STATE may terminate this Agreement by written notice,
provided that STATE pays CITY for all costs incurred by CITY
prior to CITY's receipt of said notice, such costs not to
exceed expenditures of $6,375.
(11) If termination of this Agreement is by mutual
agreement, STATE will bear 50% and CITY will bear 50% of all
costs incurred prior to termination, except that any utility
relocation costs shall be prorated in accordance with CITY's
responsibility for utility relocation costs.
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08-SBd-30-23.2
8-767
(12) If the 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 sot STATE and sot CITY.
STATE will pay its share at the time of final billing based on
actual costs.
(13) Upon completion of all work under this Agreement,
ownership and title to all signal, materials, equipment and
appurtenances installed will be jointly shared in the ratio of
sot STATE and sot CITY.
(14) 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.
(15) 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 not delegated
to STATE 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 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.
(16) 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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AGREEMENT:
INSTALLATION OF LEFT-TURN PHASING AT INTERSECTION OF
LIN~N AND STATE HIGHWAY ROUT~.
08-SBd-30-23.2
8-767
(17) 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.
(18) 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, 1994, 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
JAMES W. VAN LOBEN SELS
Director of Transportation
By
Mayor
By
District Director
Attest:
City Clerk
Approved as to form and procedure:
Attorney, Department of Transportation
Approved as to form
and legal content:
CERTIFIED AS TO FUNDS AND PROCEDURE:
JAMES F. PENMAN
City Attorney
By ~)tJ'DA;J1'}..
District Accounting ~dministrator
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08-SBd-30-23.2
Rte 30 at Lincoln Dr
08212-336400
District Agreement No. 8-767
EXHIBIT A
Estimate of Cost
CITY STATE
Total Costs Share Share
Construction Cost $ 75,000 $37,500 $37,500
Preliminary
Engineering (17% *) 12,750 6,375 6,375
Construction
Engineering (20% *) 15.000 7.500 7.500
Totals $102,750 $51,375 $51,375
[Use $102,000] [Use $51,000] [Use $51,000)
*FIXBD BRGIHBBRIBG CHARGBS
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
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