HomeMy WebLinkAbout2002-126
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF HIGHLAND FOR CONSTRUCTION OF STREET
4 IMPROVEMENTS ON BOULDER AVENUE BETWEEN ATLANTIC AVENUE AND
BASELINE STREET.
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RESOLUTION NO.
2002-126
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City, a Cooperative Agreement (attached as Exhibit "I"
10 and incorporated herein) with the City of Highland for the construction of street improvements
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on Boulder A venue between Atlantic A venue and Baseline Street.
SECTION 2.
The authorization to execute the above referenced agreement 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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2002-126
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO AND THE CITY OF HIGHLAND FOR CONSTRUCTION OF STREET
3 IMPROVEMENTS ON BOULDER A VENUE BETWEEN ATLANTIC A VENUE AND
BASELINE STREET.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j t. reg,.meeting thereof, held on the6 th
day of
May
Council Members:
9 ESTRADA
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LIEN
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12 MC GINNIS
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DERRY
SUAREZ
ANDERSON
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MC CAMMACK
, 2002, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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Clt lerk
The foregoing resolution is hereby approved this 07+ day of May
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26 JAMES F. PENMAN,
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Approved as to
form and legal content:
By:,
,2002.
J oi Valles, Mayor
ity of San Bernardino
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20C2-126
EXHIBIT "1"
COOPERATIVE AGREEMENT
FOR
BOULDER A VENUE IMPROVEMENTS
Between
THE CITY OF HIGHLAND AND THE CITY OF SAN BERNARDINO
AGREEMENT
This Agreement is made and entered into this ~ day of r/l11V/ 2002, by and
between the CITY OF HIGHLAND, herein referred to as "HIGHLAND" and the CITY OF
SAN BERNARDINO, herein referred to as "SAN BERNARDINO".
RECITALS
1) HIGHLAND and SAN BERNARDINO desire to participate in a construction project for
improvement of Boulder Avenue from Atlantic Avenue to Base Line, hereinafter referred
to as "PROJECT" .
2) HIGHLAND and SAN BERNARDINO desire to specify the terms of participation in the
costs to design and construct the planned improvements.
SECTION I
HIGHLAND agrees:
1) To provide all necessary design, induding plans, specifications, utility identification and
location, and all necessary construction engineering services for PROJECT; To prepare
contract documents and provide said contract documents to SAN BERNARDINO for
review and approval. Such contract documents shall include appropriate provisions
requiring contractor to provide insurance and indemnification provisions satisfactory to
HIGHLAND and SAN BERNARDINO:
2) To submit to the City Engineer of SAN BERNARDINO, for plan check and approval,
all plans, specifications and construction estimates for the portions of PROJECT within
the City Limits of SAN BERNARDINO;
3) To advertise and solicit bids for PROJECT in accordance with state and local laws:
4) To provide to the City Engineer of SAN BERNARDINO a set of bid plans and
specifications and to invite said City Engineer to any mandatory pre-bid "Job Walk"
with contractors, the bid opening, and the pre-construction conference;
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20C2-126
EXHIBIT "1"
5) To provide copies of all bids to SAN BERNARDINO and, if bids indicate that a
cost overrun of no more than fifteen percent (15%) of the estimate will occur, to
award the contract to the lowest responsible bidder, after consultation with the
City Engineer of SAN BERNARDINO. HIGHLAND shall retain the power to
reject all bids in accordance with this agreement.
6) If, upon opening of the bids, it is found that a cost overrun exceeding fifteen
percent (15%) of the estimate will occur, HIGHLAND and SAN BERNARDINO
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;
7) To provide SAN BERNARDINO proof of Liability Insurance for HIGHLAND's
Contractor covering injury or damage to persons or property arising out of work
for which legal liability may be found to rest upon HIGHLAND's Contractor in
a minimum amount of $1,000,000.00 and naming SAN BERNARDINO as
additional insured on the policy;
8) To obtain a "no fee" Public Works Construction Permit from the City Engineer
of SAN BERNARDINO prior to start of any construction within the City Limits
of SAN BERNARDINO;
9) Prior to, or concurrent with, the start of construction, to install information signs
at entry points mutually agreeable to both HIGHLAND and SAN BERNARDINO
identifying the project as M cooperative project between the City of Highland and
the City of "San Bernardino", or similar wording agreeable to both agencies;
10) To permit inspection of the portion of the work within the City Limits of SAN
BERNARDINO by the City Engineer of SAN BERNARDINO, or his duly
appointed representative, during all phases of the work;
11) To obtain approval of the City Engineer of SAN BERNARDINO prior to approval
of any Change Order that will increase the cost of PROJECT to SAN
BERNARDINO;
12) To pay a percentage of the design, construction engineering and construction costs,
as shown on Exhibit" A", PROJECT COST ESTIMATE, to be amended following
fmal cost accounting, based on the proportional share of the cost PROJECT in each
jurisdiction;
13) To furnish promptly to SAN BERNARDINO upon completion of PROJECT and
all work incidental thereto, a report containing a detailed statement of the total
engineering and construction costs to be borne by SAN BERNARDINO, including
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2002-126
EXHIBIT "I"
resolution of any construction related claims which may have been filed by
HIGHLAND's contractor;
14) After the filing of a "Notice of Completion" for Project, but no sooner than July
1, 2002, to submit a bill to SAN BERNARDINO for SAN BERNARDINO's
share of the cost of PROJECT based on the detailed statement of total engineering
and construction costs.
15) To furnish promptly upon completion of PROJECT, "As Built" plans for
PROJECT;
16) To retain or cause to be retained for audit for SAN BERNARDINO or other
government auditors for a period of three (3) years from the date of final payment
all records and accounts relating to construction of the PROJECT;
17) To indemnify, defend, and hold harmless SAN BERNARDINO and their agents,
officers and employees from and against any and all liability , expense and claims
for damages of any nature whatsoever, including, but not limited to, bodily injury,
death, personal injury, or property damages arising from or connected with
HIGHLAND's operations, or its performance under this Agreement.
SECTION II
SAN BERNARDINO agrees:
1) To pay HIGHLAND that percentage of the design, construction engineering and
construction costs, as SAN BERNARDINO'S proportional share, as shown on Exhibit
"A", PROJECT COST ESTIMATE, to be amended following final cost accounting,
based on the proportional share of the cost of PROJECT in each jurisdiction, to a
maximum amount not to exceed $146,000;
2) To promptly render payment for all billings submitted by HIGHLAND in accordance
with this agreement;
3) Prior to award of the construction contract for PROJECT, and in sufficient time to allow
HIGHLAND to reject all construction bids therefore, SAN BERNARDINO may
terminate this Agreement in writing, provided that SAN BERNARDINO reimburses
HIGHLAND for proportionate costs incurred by HIGHLAND under this agreement prior
to termination;
4) If termination of this Agreement is by mutual agreement, SAN BERNARDINO
will bear its proportionate share of all costs incurred prior to termination based on the
Engineers Estimate of the cost of the portion of PROJECT in the City Limits of SAN
BERNARDINO;
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2002-126
EXHIBIT "1"
5) To indemnify, defend, and hold harmless HIGHLAND and their agents, officers and
employees from and against any and all liability, expense and claims for damages of any
nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or
property damages arising from or connected with SAN BERNARDINO's operations, or
its performance under this Agreement.
SECTION III
It is mutually agreed:
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1) This Agreement will be construed and enforced under the Laws of the State of California;
2) This Agreement may be executed in counter parts, each of which will be deemed an
original for all purposes but all of which will constitute one in the same agreement.
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20C2-126
EXHIBIT "1"
COOPERATIVE AGREEMENT
FOR BOULDER A VENUE IMPROVEMENTS
IN WITNESS WHEREOF, said parties have caused this instrument to be officially executed and
attested by their duly constituted officers.
CITY OF HIGHLAND
APPROVED:
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ATTEST:
APPROVED AS TO FORM:
ttorney
CITY OF SAN BERNARDINO
APPROVED:
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IJ,~~
ATTEST:
l~',
James
2002-126
EXHIBIT "A"
PROJECT COST ESTIMATE
03/14/02
BOULDER AVENUE IMPROVEMENTS
(ATLANTIC AVENUE TO BASE LINE)
TOTAL SAN HIGHLAND
DESCRIPTION AMOUNT BERNARDINO SHARE
SHARE
Proportional Share of Cost in City 100.00% 19.32% 80,68%
Limits
Design Cost $52,401 $10,125 $42,277
Construction Contract $524,012 $101,247 $422,765
Construction Engineering and $78,602 $15,187 $63,415
Inspection
Total Project Cost $655,015 $126,559 $528,456
