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HomeMy WebLinkAbout29-Public Works 'CITY OF SAN BE~ARDINO - REQUES~ 1:0R COUNCIL ACTION File No. 1.383 Authorization to Execute Coopera- From: ROGER G. HARDGRAVE Su~ect: tive Agreement- Modification of Traffic Signals to Provide Left Dept: Public Works Turn Phases on Highland Avenue at Lincoln -- Da~: 8-04-92 STATE OF CALIFORNIA, DEPT. OF TRANSPORTATION Synopsis of Previous Council action: June, 1990 Allocation of $75,000 in 1990/91 Street Construction Fund Budget, under Account No. 242-362-57383, approved. 04-04-92 Resolution No. 92-114 C!.dopted authorizing execution of a Cooperative Agreement with Caltrans. 06-15-92 Plans approved and authorization granted to advertise for bids. Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman -rfl ~~ Contact person: Roqer G. Hardqrave Staff Report and Resolution Phone: 5025 Supporting data attached: Ward: 5 & 6 FUNDING REQUIREMENTS: Amount: NIA Source: (Acct, No.) (Acct. DescriPtion) Finance: Council Notes: 75.0262 Agenda Item No. :<.q -- I CITY OF SAN BEIfttARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT The Cooperative Agreement with the State of California was approved at the Council meeting of 4-6-92. The resolution approving this agreement contained the clause that it would be rescinded if the parties had not executed it within 60 days. More than 60 days was required for Cal trans to sign the agreement. Therefore, it is being re-submitted for approval, as requested by the City Clerk's office~ 8-27-92 75-0264 "., " , 1 2 RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The previously executed Cooperative Agreement 8 with the State of California, Department of Transportation, 9 relating to the installation of left turn phases on Highland 10 Avenue (State Route 30) and Lincoln Avenue, is approved. A copy 11 of said agreement is attached hereto, marked Exhibit "A" and 12 incorporated herein by reference as fully as though set forth at 13 length. 14 SECTION 2. Resolution No. 92-l14 is hereby rescinded. 15 I I I I 16 I I I I 17 I I I I 18 I I I I 19 I I I I 20 I I I I 21 I I I I 22 / I / I 23//1/ 24111/ 251111 26 I I I I 27 I I I I 28 I I I I 8125192 RES(J: APl'o'VWING COOPERATIVE AGREEME' \ WITH STATE DEPARTMENT OF . TR.. , "PORTATION RELATING TO LJ.. "' TURN PHASES ON HIGHLAND AVENUE AND LINCOLN AVENUE. 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 10 MINOR meeting thereof, held on the , 1992, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 20 21 22 Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1992. W. R. Holcomb, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney 23 By 24 25 26 27 28 - 2 - ',J' - . ,,;;,' Cit:y of s Bdno Res ~ 2-114.m>pted' 41.6/92 '. ~ .1. ...~,"4 "iB ~ /' 08-SBd-30-23.2 Rte 30 at Lincoln Dr 08212-336400 District Agreement No. 8-767 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON ~ 6l ftt1.,... STATE OF CALIFORNIA, acting by and OU4h 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 - . Res. 92-114 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 "Ma{1ual 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. 2 - Res. 92-114 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 ~ork 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. 3 - " , Rea. 92-114 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 p~oper 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 ~opies 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 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. 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 4 -- / , . Res. 92-114, 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 STAT~, 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. 5 - " , J ~ Res. 92-114 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, relocatio~ 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 50t STATE and 50t 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 50t STATE and 50t 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. 6 , / , .AGREEMENT: CrALLATION OF "LEFT-TURN, Ph. .ING AT INTERSECTION OF LINCOLN AND STATE HIGHWAY ROUTE 30. Rea. 92-114 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 ~~ Distr~ct D~rector Attest:~~~~~7- ~ Clerk Approved as to form and procedure: /'7 -L~ ~ CO of Transportat~on Approved as to form and legal content: CERTIFIED AS TO FUNDS AND PROCEDURE: JAMES F. PENMAN City Attorney ,--... / . 00 tr;;:!a~~<- ' Distr~ct Account~ng Administrator BYP~~ 7 - ", .. " City of S BdDo Res. 92-114 adopted 4/6/92 "'....p'. 08-SBd-30-23.2 Rte 30 at Lincoln Dr 08212-336400 District Agreement No. 8-167 , 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) *PIXBD ENG:INBBRING 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 8