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Home My WebLink About2000-316 1 2 RESOLUTION NO. 2000-316 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN 4 BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF PAVEMENT ON 6th FROM TIPPECANOE A VENUE TO VICTORIA AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 9 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 City of Highland for the rehabilitation of pavement on 6th Street from Tippecanoe A venue to Victoria. A copy of 10 11 said cooperative agreement is attached as Exhibit "A" and made a part hereof. 12 SECTION 2. The authorization to execute the above referenced agreement is 13 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 14 of this resolution. 15 16 1// 17 //1 18 19 20 21 22 23 24 25 26 27 28 October 3, 2000 1 2000-316 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 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF PAVEMENT ON 6th FROM TIPPECANOE AVENUE TO VICTORIA AVENUE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint Regular meeting thereof held on the 6th day of November , 20~, by the following vote, to wit: Council Members: A YES NAYES ABSTAIN ABSENT x ESTRADA LIEN x MC GINNIS x SCHNETZ x x SUAREZ ANDERSON x MC CAMMACK x /-;r/1B , L ~rc:'..... ~1 City Clerk ~d: day of November The foregoing resolution is hereby approved this 2000 Approved as to form and legal content: {~C Ce. <-/ JUDITH ALLES, Mayor ( ty of San Bernardino JAMES F. PENMAN City Attorney By: t.u,.,., ?l~ 0&3,2000 2 2000-316 COOPERATIVE AGREEMENT FOR REHABILITATION OF PAVEMENT ON 6th STREET Between THE CITY OF HIGHLAND AND THE CITY OF SAN BERNARDINO AGREEMENT This Agreement is made and entered into this ....6..tL day of November, 2000 ,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 I) HIGHLAND and SAN BERNARDINO desire to partIcIpate III a construction project for rehabilitation of pavement on 6th Street from Tippecanoe Avenue to Victoria Avenue, hereinafter referred to as "PROJECT", 2) HIGHLAND and SAN BERNARDINO desire to specify the terms of participation in the costs to engineer and construct the planned improvements, SECTION I HIGHLAND agrees: I) To provide all necessary design, including 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; 2000-316 eooperative Agreement for the Rehabilitation of Pavement on 6" Street Page 2 of6 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 "A cooperative project between the City of Highland and the City of San Bemardino", 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 final cost accounting, based on the proportional share of the cost PROJECT in each jurisdiction; 13) Concurrent with award of construction contract for PROJECT, to bill SAN BERNARDINO for 85% of SAN BERNARDINO's proportional share of the cost of PROJECT based on the estimated total design, construction and construction engineering costs as shown in Exhibit "A", PROJECT COST ESTIMATE. 2000-316 Cooperative Agreement for the Rehabilitation of Pavement on 6th Street Page 3 of6 14) 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 resolution of any construction related claims which may have been filed by HIGHLAND's contractor; 15) Concurrent with filing of a "Notice of Completion" for project, to submit a final bill to SAN BERNARDINO for the balance of SAN BERNARDINO's share of the cost of PROJECT based on the detailed statement of total engineering and construction costs, 16) To furnish promptly upon completion of PROJECT, "As Built" plans for PROJECT; 17) 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; 18) 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: I) 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 $115,000; 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 2000-316 eooperative Agreement for the Rehabilitation of Pavement on 6'" Street Page 4 of6 to termination based on the Engineers Estimate of the cost of the portion of PROJECT in the City Limits of SAN BERNARDINO; 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: /111111 IIIIIII IIIIIII IIIIIII I) 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 to be an original for all purposes but all of which will constitute one in the same agreement. 2000-316 eooperative Agreement for the Rehabilitation of Pavement on 6'h Street Page 5 of6 IN WITNESS WHEREOF, said parties have caused this instrument to be officially executed and attested by their duly constituted officers, APPROVED: ATTEST: APPROVED AS TO FORM: CITY OF SAN BERNARDINO ( APPROVED: Judit\rVa les, -Mayor ATTEST: ,rP.vl'.-L. C~..v^<-IL. -;'~t:el Clark, City Clerk \, , i/ f..L~/ APPROVED AS TO FORM AND LEGAL CONTENT: 7-. es F, Penman, City Attorney 2000-316 eooperative Agreement for the Rehabilitation of Pavement on 6th Street Page 60f6 . . EXHIBIT "A" PROJECT COST ESTIMATE REHABILITATION OF PAVEMENT 6th STREET FROM TIPPECANOE AVENUE TO VICTORIA A VENUE SAN HIGHLAND DESCRIPTION TOTAL AMOUNT BERNARDINO SHARE SHARE- Proportional Share of Cost in 100% 28.47% 71,53% City Limits Design Cost $12,676 $3,602 $9,094 Construction $310,108 $90,057 $220,051 Contract Construction Engineering & $22,218 $6,304 $15,914 Inspection Total Project Cost $345,022 $99,963 $245,059 *Maximum participation by SAN BERNARDINO shall not exceed $115,000,