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Home My WebLink About2003-127 1": ' ' I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-127 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR STATE STREET STORM DRAIN PROJECT, CONTRACT NO. 03- 005. 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 San Bernardino Associated Governments (SANBAG) for the design and construction of State Street Storm Drain with the completion of Segment II of State Route 210. A copy of said cooperative agreement is attached as Exhibit "A" and is made a part hereof. SECTION 2. The authorization to execute the above referenced Cooperative Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III 11/ 2003-127 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS 3 (SANBAG) FOR STATE STREET STORM DRAIN PROJECT, CONTRACT NO. 03- 005. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor jt. 6 and Common Council of the City of San Bernardino at a regular 7 8 9 10 11 meeting thereof, held on the 16 thday of June , 2003, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA x LONGVILLE x 12 MC GINNIS 13 DERRY 14 SUAREZ 15 ANDERSON 16 x x x x 17 MC CAMMACK 18 19 20 21 22 23 24 25 26 x ~h~ , City Clerk \"'l1tl The foregoing resolution is hereby approved this day of June 2003. ~T&--Z Susan Longville, Mayor Pro Tern City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, 27 City Attorney 28 "cr. li",,--- 2003-127 Date printed:06!09/2003 I :53 PM Page 1/8 CONTRACT 03-005 COOPERATIVE AGREEMENT BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITYI SAN BERNARDINO ASSOCIATED GOVERNMENTS AND THE CITY OF SAN BERNARDINO FOR THE STATE STREET STORM DRAIN PROJECT This Cooperative Agreement is made and entered into this 3rd day of July, 2002, by and between the City of San Bernardino, a municipal corporation of the State of California (herein referred to as CITY), and the San Bernardino County Transportation AuthoritylSan Bernardino Associated Governments (herein referred to as SANBAG). This Cooperative agreement defines specific SANBAG and CITY tasks and responsibilities for the development and construction of the State Street Storm Drain (herein referred to as the PROJECT). Witnesseth WHEREAS, the PROJECT consists of constructing the State Street Storm Orain which is part of the Master Planned facilities for the City of San Bernardino; and WHEREAS, the PROJECT generally begins at inlets for three intersections along Highland Avenue and includes drainage pipe and appurtenances along Highland Avenue that lead to the storm drain and appurtenances along State Street, which ultimately outlets into the Lytle Creek Wash, See Attachment "A" for the layout: and WHEREAS, the PROJECT will mitigate the affect that the Proposed Route 210 Freeway construction has on the existing drainage conditions while accommodating the ultimate drainage needs of the CITY; and WHEREAS, both SANBAG and the CITY intend to work together in a cooperative manner In every respect toward completing the design and construction of a quality PROJECT; and WHEREAS, the purpose of this agreement is to define the project roles and responsibilities for both the CITY and SANBAG; and O:/aOJOOS,scg.doc .IN 02268 .. 2003-127 Date printed:06!09/2003 I :53 PM Page 2/8 WHEREAS, both parties agree to the concept and purpose of the PROJECT. Therefore, both SANBAG and the CITY agree to the following: 1. PROJECT costs and responsibilities are to be divided between SANBAG and the CITY as further described below. 2. SANBAG shall provide a design consultant and be responsible for the full cost of the PROJECT design. The PROJECT design will include preparation of plans, specifications, quantity calculations and cost estimates. The PROJECT design will be prepared using metric units. The PROJECT design shall ensure that, unless approved by the CITY, local access is maintained during construction. The PROJECT design will be prepared using the standard drawing format for the CITY. The PROJECT design will also include preparation of design surveys. 3. Both SAN BAG and the CITY shall be responsible for attending and participating in monthly design meetings related to the PROJECT. Additionally, both SANBAG and the CITY shall review all design submittals for the PROJECT within 30 days of the initial submittal. SANBAG and the CITY shall each be responsible for their own fees and the costs of staff time through the completion of the PROJECT construction. 4. SAN BAG shall be responsible for the preparation of utility location maps and identification of utility conflicts for the PROJECT. The CITY shall be responsible for coordination and funding for the relocation of all utilities that are within the entire PROJECT area, which are not already affected by the construction of Segment 11 of the SR-210 freeway project. The CITY shall ensure that utility clearance is obtained prior to advertising and bidding of the PROJECT. If necessary, to ensure utility clearance of the PROJECT, the CITY may request that SANBAG assumes responsibility of the utility coordination efforts for the PROJECT. Funding for utility relocation shall remain the responsibility of the CITY. 5. The CITY shall obtain all necessary permits and agreements with the Department of Water Resources required for the construction of the PROJECT. The CITY shall be responsible for all correspondence and coordination with the Oepartment of Water Resources regarding PROJECT right of way issues. SANBAG and the PROJECT design consultants may discuss technical issues directly with personnel of the Department of Water Resources as necessary. 6. The CITY shall be the lead agency for environmental clearance of the PROJECT. SANBAG shall provide and fully fund an environmental consultant and be responsible for support services related to environmental clearance and environmental permitting of the PROJECT. Environmental clearance for the PROJECT shall be in conformance with CEQA guidelines. Environmental O:la03005'seg.doc .IN 02268 2003-127 Date printed:06/09/20OJ I :53 PM Page 3/8 permits for the PROJECT may include but are not limited to, 404, 401, and 1601 permits. Funding for all environmental mitigation for the PROJECT will be distributed and borne by SANBAG and the CITY; 75% of all environmental mitigation costs shall be borne by SAN BAG and the remaining 25% shall be borne by the CITY. See Attachment "B" for the development of this percentage contribution. 7. SANBAG shall be responsible for the preparation of the right of way requirement maps for the PROJECT. SANBAG shall be responsible for the preparation of right of way maps and the administration and obtaining of all right of way, including condemnation if necessary, both temporary and permanent, which are necessary to construct the PROJECT. SANBAG shall fund all right of way capital costs for the PROJECT, as shown in Attachment "A." The CITY shall be responsible to reimburse SAN BAG for all condemnation expenses for the PROJECT, including but not limited to, attorney's fees, appraisal costs, and expert witness expenses. 8. The CITY shall obtain all city permits and pay all city permitting fees that are required to construct the PROJECT. These fees include, but are not limited to, any plan check fees and CITY staff time. SANBAG, with the support of the CITY as owner, shall obtain all required approvals for construction of the PROJECT from the San Bernardino County Flood Control Oistrict. Responsibilities related to environmental permits are outlined in paragraph 6 of this agreement. 9. SANBAG shall be responsible for providing all engineering support for the PROJECT during construction, including but not limited to, response to RFI's and review of shop drawings. SANBAG shall be responsible for providing, both the funding and personnel for the construction administration of the PROJECT, which includes construction management, construction staking and material testing. The construction administration may be through a cooperative effort with Cal trans. 10. SANBAG shall fund 75% of the PROJECT construction costs. The CITY shall fund 25% of the PROJECT construction costs. See Attachment "B" for the development of this percentage contribution. The alignment of the PROJECT crosses the new freeway alignment for SR-21 O. To facilitate coordination of the PROJECT construction with the construction of the new SR-2l0 freeway, the PROJECT construction contract may be awarded with portions of the freeway construction contract. If so, the bid documents for the construction contract will include both the early freeway construction project and the State Street Storm Orain Project (PROJECT). In order to isolate the costs associated with the PROJECT, these bid documents will be developed with a separate bid schedule for the PROJECT costs. The bid costs for that separate bid O:la03005,seg.doc .IN 02268 2003-127 Date printed:06/09/2003 I :53 PM Page 4/8 schedule will be used to distribute the relative funding commitments for both SANBAG and the CITY. If the PROJECT is advertised with the early freeway construction and multiple bid schedules are used, the PROJECT will be awarded to the contractor with the lowest overall bid, regardless of the specific PROJECT bid schedule cost. The funding responsibilities for both SANBAG and the CITY will be based upon the bid schedule within the successful bidders estimate. 11. Within 30 days following the award of the PROJECT construction contract, the CITY shall pay 5% of the total PROJECT cost to SANBAG. SANBAG shall be responsible for paying all the contractor invoices, and will invoice the CITY as work progresses. SANBAG shall invoice the CITY for the remainder of their portion on a quarterly basis. The CITY shall reimburse SANBAG within 45 days aftcr receipt of each of SANBAG's invoices. Thc currcnt schedule of the PROJECT is for construction to begin in the third quarter of fiscal year 2002/03. 12. The distribution of costs rclated to PROJECT change orders shall be consistent with the construction cost distribution of 75% and 25% for SANBAG and the CITY respectively, except as specified in paragraph 13. See Attachment "B" for the development of this percentage contribution. 13. SANBAG is responsible for public information related to the PROJECT. Project changes due to public complaint or costs associated with public inconvenience are the full responsibility of thc CITY. The CITY shall fully fund all construction costs, change orders or claims that are the direct result of requests or actions by the CITY occurring after the PROJECT bid date. 14. The CITY shall accept ownership of the PROJECT once the construction has been completed. The CITY shall assume all maintenance and cnvironmental monitoringlcompliance responsibilities for the PROJECT, including the outlet structure and all other appurtenant structures, once the CITY has accepted ownership of the storm drain. 15. SANBAG, and their officers, employees (past and present), agents, and representatives, including Fluor Oaniel, Inc., shall be namcd as additional insured on the liability insurance policy of the construction contractor. The CITY, its officers, agents, representatives, and employees shall be named as additional insured on the liability insurance policy of the construction contractor. 16. Neither SANBAG nor any officer, employee, or agent 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 of jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4 CITY shalllully defend, indemnify and save harmless SANBAG, all officers, employees, and agents from all claims, O:/a03005'scg.doc IN 02268 2003-127 Date printcd:06/09/2003 I :53 I'M Page SIX 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 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. 17. Neither CITY nor any officer, employee, or agent thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by SANBAG under or in connection with any work, authority of jurisdiction delegated to SANBAG under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4 SANBAG shall fully defend, indemnify and save harmless CITY, all officers, employees, and agents 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 reasons of anything done or omitted to be done by SANBAG under or in connection with any work, authority or jurisdiction delegated to SANBAG under this Agreement. 18. Both SANBAG and the CITY agree that working hours for the construction of the PROJECT are 6:00 a.m to 6:00 p.m., Monday through Friday. If requested by the contractor, the working hours will be extended to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m, Saturday and Sunday. 19. SANBAG and the CITY agree to work cooperatively to solve any issues that develop during the design, environmental, right of way, and construction phases of the PROJECT. Both agencies agree to respond to issues in a timely manner, so as not to interfere with the progress of the PROJECT. Each agency shall bear their own costs in relation to carrying out the matters specified herein unless otherwise specified. # .. 20. Amendments to this agreement may be incorporated to this Agreement as mutually agreed to in writing by both CITY and SANBAG. O:/a03005'scg.doc .IN 02268 2003-127 Date printed:06/09/2003 1:53 PM Page 6/8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: SAN BERNARDINO COUNTY TRANSPOR ATIO AUTHORITY: By: Bill Postmus President, SANBAG Board of Directors Date: JUL 0 8 ~M2 APPROVED AS TO FORM AND PROCEDURE: By: nsel Oate: )- /- c7 2-. O:/a03005-seg.doc IN 02268 / Oate: ~ <-l ....'" \"'17_~3 , ATTEST: BY:~~ CIT lerk Date: \ jl...,,,,, 20 cCfJ"\ ) APPROVED AS TO LEGAL FORM: By: ~~ f~ {/Y Attorney Date. ~ It L" ~ j /' /' " 2003-127 Date printcd:06/09/2003 I :53 I'M Page 7/8 ATTACHMENT "A" CONTRACT NO. 03-005 STATE STREET STORM DRAIN PROJECT LAYOUT O:!a03005,seg.doc IN 02268 .'.: 2003-~\ , , , . " . , ,"" . . t'" , . I . . t . : 31 ,-- , ".~~ . HIGHLAND AVENUE . , . ~.,;- :-..... r, "-21:8i ::~.. .. . ....t.~~\..;: :-'~;~".~..:,':,:,~ E-- ~ ~ 00. ~ -< E-- 00. ., '..~ ,. .." ..,~ ..,.-- ' -.' ~.. , ~ .... \ ....-,... .. ,.. .. '1 ....~ .'. .' ( . ::~.~i~~ ..c ..... ~ :.l,-::t ~ A. ...1..' \.' \....:.,..~ ~ i.:-:'l~:~~:"" t\ --,-us.'c. \' -:....., ~ "" ........t':~ 10.- "" .'~"_.. ~ Co: . ." . BASELINE STREET ..--. .-... ....~..'....j" STATe ~T S-W~ WIN f~J~' Lr.Aty,U-r (N~ . ., 2003-127 Date printcd:06/09/2003 1 :53 PM Page 8/8 ATTACHMENT "B" CONTRACT NO. 03-005 STATE STREET STORM DRAIN PRELIMINARY CONSTRUCTION COST ESTIMATES AND DETERMINATION OF COST SPLIT BETWEEN THE AGENCIES Cost of Baseline Alternative (Alternative 2B attached): $4,338,000 Cost of Proposed Alternative that includes consideration of ultimate drainage needs (Alternative 5B attached): $5,776,000 Current Cost Estimates for the Azencies (actual costs will be determined after bid o/Jeninz): SANBAG Estimated Responsibility = CITY Estimated Responsibility = $5,776,000-$4,338,000 = $4,338,000 $1,438,000 Determination of Construction Cost Sold Between the Azencies: SANBAG Ratio Responsibility = (4,338,000/5, 776,000)x100% = 75% CITY Ratio Responsibility = (1,438,000/5, 776,000)xlOO% = 25% O:lall3005,seg,doc .IN 112268