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HomeMy WebLinkAbout26- Public Works CITY OF SAN BERK RDINO - REQUEST I 'R COUNCIL ACTION File No. 1.384 ROGER G. HARDGRAVE Approval of Cooperative Agreement From: Subject: Installation of Traffic Signals Public Works at Orange Show Road/Auto Plaza Dept: at I-215 Ramps, per Plan No. 8565 -- STATE OF CALIFORNIA DEPARTMENT Date: - 3-17-93 OF TRANSPORTATION Synopsis of Previous Council action: June, 1990 - Allocation of $200 , 000 . 00 in 1990/91 Street Construc- tion Budget, Account No. 242-362-57384 , approved from Federal Interstate 4R funds . 06-03-91 - Resolution No. 91-222 adopted authorizing execution of a Cooperative Agreement with State of California. 11-02-92 - Plans approved and authorization granted to advertise for bids . 03-08-93 - Resolution No. 93-55 adopted awarding a contract to Paul Gardner for low bid price of $145 , 748 . Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman S Ag KaEu'r e Contact person: Gene R. Klatt Phone: 5125 Staff Report, Supporting data attached: Resolution & Coop Agreement Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No.� CITY OF SAN BERN gDINO - REQUEST i R COUNCIL ACTION STAFF REPORT The State of California and City of San Bernardino have entered into a Cooperative Agreement (District Agreement No. 8- 731) , dated 6-4-91 . This agreement expired on 6-30-92 . The proposed Cooperative Agreement (District Agreement No. 8-824) replaces the one that has expired. Under the terms of this new agreement, the State will pay the amount of $209 , 500 to the City to finance all costs incurred for this project. We recommend that the Cooperative Agreement be approved. 3-17-93 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA 3 DEPARTMENT OF TRANSPORTATION RELATING TO THE INSTALLATION OF TRAFFIC SIGNALS AT INTERSTATE ROUTE I-215 AND ORANGE SHOW 4 ROAD/AUTO PLAZA DRIVE; AND RESCINDING RESOLUTION NO. 91-222 . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 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, a Cooperative Agreement with the State of California 9 Department of Transportation relating to the installation of 10 traffic signals at Interstate Route I-215 and Orange Show 11 Road/Auto Plaza Drive, a copy of which agreement is attached 12 hereto, marked Exhibit "A" and incorporated herein by reference 13 as fully as though set forth at length. 14 SECTION 2. The agreement shall not take effect 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. 22 SECTION 4 . Resolution No. 91-222 is hereby rescinded. 23 24 25 26 27 28 3/17/93 1\iJJV. "U1LLVit1LJ1LV\7 1''"j,l_Ul1VLV V2' L.QUrr�1\t�11VLi tllz!'ll.l.L1'1.GLV L VV.L In .71L-iIL1 OF CAT-TFORNIA RELATING TO TRAFFT- SIGNALS ON ROUTE I-215 AND O IGE SHOW ROAD/AUTO PLAZA 1 VE. j 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 meeting thereof, held on the 4 day of 1993 , by the following vote, to-wit: 5 Council Members : AYES NAYS ABSTAIN ABSENT 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of 1993. 17 18 W. R. Holcomb, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By 24 25 26 27 28 - 2 - 08-SBd-215-5. 02 08204 - 321201 I-215 and Orange Show Road District Agreement No. 8-824 COOPERATIVE AGREEMENT This AGREEMENT, entered into on is the STATE OF CALIFORNIA, acting by and through its Departmbetween 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. REC�IT_ALS (1) STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130 are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. (2) STATE and CITY contemplate installing traffic control signals and safety lighting and performing 215 at the Orange Show Road ramp terminals to to herein as "PROJECT", referred and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, operated and maintained. (3) It is anticipated that Federal-aid funds will be allocated for financing 100$ of the PROJECT costs which are eligible for Federal-aid participation and STATE and CITY will bear the remainder of the costs as set forth herein. 1 District Agreement No. 8-824 engineering and construction costs to be borne by STATE, including resolution of any construction related claims which have been allowed to the construction contractor. CITY thereafter shall 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) . (9) Upon completion of PROJECT, to furnish STATE a complete set of full-sized film positive reproducible "As-Built" plans. (10) To reimburse STATE for CITY's proportionate share of the cost of maintenance of traffic control signal and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. (11) To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to construction of PROJECT. SECTION II STATE AGREES: (1) To deposit with CITY within twenty-five (25) days of receipt of billing therefor (which billing will be forwarded immediately following CITY's bid advertising date of a construction contract for PROJECT) , the amount of $209,500 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 $240,900, excluding costs referred to in Section III, Article (13) of this Agreement. (2) STATE's share of the construction cost (estimated to be $167,600) shall be an amount equal to 100% of the total actual construction cost, including the cost of construction 3 District Agreement No. 8-824 related claims and the cost of CITY defense of any of those claims, 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 100% of CITY's actual costs for preliminary engineering for the entire PROJECT calculated prior to any Federal-aid payment; however, STATE's cost will be reduced by STATE's share of Federal-aid payment. (4) STATE's share of the expense of construction engineering shall be an amount equal to 100% of CITY's actual costs for construction engineering for the entire PROJECT calculated prior to any Federal-aid payment; however, STATE's cost will be reduced by STATE's share of Federal-aid payment. (5) To pay CITY upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, 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 (13) of this Agreement. (6) To maintain the entire traffic control signals 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 signals as installed and pay one hundred percent (100%) of the operation cost. (8) To furnish the traffic signal control equipment for PROJECT. This equipment shall consist of signal controller unit and signal control cabinet. The estimated cost of this STATE furnished equipment is $14, 000 and the actual cost to STATE shall be deducted from STATE's share of PROJECT costs. (9) To issue, at no cost to CITY and to CITY's contractor, upon proper application by CITY and by CITY's contractor, the necessary Encroachment Permits for required work within the State highway right 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. 4 District Agreement No. 8-824 (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. (2) 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. (3) Should any portion of 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. (4) Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities shall not be commenced until CITY's original contract plans involving such work and plans for utility relocations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an Encroachment Permit to CITY authorizing such work has been issued by STATE. Receipt by CITY of CITY's contract plans signed by STATE shall constitute STATE's acceptance and official approval of said plans. (5) CITY shall obtain aforesaid Encroachment Permit at no cost through the office of State District Permit Engineer and CITY's application shall be accompanied by six (6) sets of reduced construction plans of aforesaid STATE approved contract plans. Receipt by CITY of the approved Encroachment Permit shall constitute CITY authorization from STATE to proceed with work to be performed by CITY or CITY representatives within proposed STATE right of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all 5 District Agreement No. 8-824 provisions set forth in this Agreement and said Encroachment Permit. (6) CITY's construction contractor shall also be required to obtain an Encroachment Permit at no cost to STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor for said Encroachment Permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction PROJECT. (7) CITY shall not advertise for bids to construct PROJECT until after an Encroachment Permit has been issued at no cost 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) of this Agreement. (8) After opening of bids for construction of PROJECT, STATE's estimate of cost will be revised based on actual bid prices. STATE's required deposit under Section II, Article (1) of the Agreement 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. (9) After opening bids for construction of PROJECT, and if bids indicate a cost overrun of no more than 15% of the estimate will occur, CITY may award the contract. (10) If, upon opening bids, it is found that a cost overrun exceeding 15% of the estimate will occur, CITY and STATE shall endeavor to agree upon an alternative course of action. If, after thirty (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 (12) of this Section III. (11) Prior to award of the construction contract for PROJECT, STATE may terminate this Agreement by written notice, provided that STATE pays CITY for all PROJECT-related costs incurred by CITY prior to termination and such cost are not to exceed expenditures of $16,700. (12) If termination of this Agreement is by mutual agreement, STATE will bear 100% and CITY will bear 0% of all costs incurred prior to termination, with total costs not to exceed $16,700. 6 District Agreement No. 8-824 (13) If any existing public and/or private utilities conflict with PROJECT construction or violate STATE 's encroachment policy, CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal in accordance with STATE policy and procedure for those utilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. Any relocated or new facilities shall be correctly shown and identified on the As-Built plans referred to in Section I, Article (9) of this Agreement. (14) Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed will automatically be vested in STATE and no further agreement will be necessary to transfer ownership to STATE. (15) The cost of any engineering or maintenance referred to herein in this Agreement 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. (16) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (17) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons 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 understood and agreed that, pursuant to Government Code Section 895.4 CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in 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. 7 District Agreement No. 8-824 (18) Neither CITY nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of 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. (19) 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, to ensure conformance of work to STATE's standards. Said representatives of CITY and STATE will cooperate and consult with each other, but all work within STATE's right of way shall be accomplished to the satisfaction of STATE's representative. (20) The costs referred to herein cover only "matching funds" based on the assumption that Federal-aid funds will be allocated for financing approximately 100% of the costs as shown on Exhibit A. In the event that Federal-aid participation is not secured, this Agreement may be terminated by either party at any time prior to award of the construction contract for PROJECT, or alternatively, each party's participation may be renegotiated to "make up" for the loss of Federal funds. If termination occurs, costs shall be limited to the sums set in Articles (11) or (12) of this Section III. 8 District Agreement No. 8-824 (21) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on February 18 , 1994 , whichever is earlier in time; however, the ownership, operation, maintenance, liability and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. Should any construction-related claim arising out of PROJECT be asserted against CITY, STATE agrees to extend the termination date of this Agreement and provide additional funding as required to cover STATE's proportionate share of costs or execute a subsequent Agreement to cover those eventualities. STATE OF CALIFORNIA CITY OF SAN BERNARDINO Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By Mayor By KEN STEELE, District Director Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: APPROVED AS TO FORM AND PROCEDURE AND LEGAL CONTENT: James F. Penman, Attorney, Department of Transportation Cit Attorney CERTIFIED AS TO FUNDS AND PROCEDURE: District Accounting Administrator 9 District Agreement No. 8-824 EXHIBIT A Estimate of Cost Description Total State Citv Signals (Bid) $145,748. 00 $145,748. 00 $ 0 Contingency (15%) $ 21,862 .20 $ 21,862 . 20 $ 0 Construction Cost $167, 610.20 $167,610.20 $ 0 *Preliminary Engineering (10%) $ 16,761. 02 $ 16,761. 02 $ 0 *Construction Engineering (15%) $ 25, 141.53 $ 25, 141.53 ,$0 TOTAL $209,512.75 $209,512 .75 $ 0 *FIXED ENGINEERING CHARGES According to Policy & Procedure No. P-77-37 PRELIMINARY CONSTRUCTION COST CONSTRUCTION ENGINEERING (Thousands) ENGINEERING 22 0 - 50 22 17 50 - 75 20 15 751 - 100 18 13 100 - 150 16 10 150 250 15 Please note: Not included in the above estimate of costs is the State Furnished Control equipment. Value $14,000.00 10