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Home My WebLink About1999-150 1 2 RESOLUTION NO. 1999-150 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 PALM A VENUE FROM BASE LINE STREET TO 20TH STREET. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 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 9 10 for the rehabilitation of pavement on Palm A venue from Base Line Street to 20th Street. A copy 11 of said cooperative agreement is attached as Exhibit" A" and made a part hereof. 12 13 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 The authorization to execute the above referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 14 of this resolution. 15 16 /1/ 17 /1/ 18 /1/ 19 //1 20 /1/ 21 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 28 06/02/99 1999-150 RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE 1 CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND. 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 4 5 6 Common Council of the City of San Bernardino at a joint regular meeting thereof held on the 21st day of June , 1999 , by the following vote, to wit: 7 Council Members: AYES NA YES ABSTAIN ABSENT 8 ESTRADA x 9 LIEN x 10 MCGINNIS x 11 SCHNETZ x 12 x 13 DEVLIN x 14 ANDERSON 15 MILLER x -- -- 16 17 C~ };.~ 18 19 The foregoing resolution is hereby approved this ;2'1 A- day of June 19~. 20 21 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City At orney 26 27 28 /) 7- . te~,,- 06/02/99 2 . 1999-150 CF/GIN/"JL 'pr-c/e/./ EXHIBIT "A" COOPERATIVE AGREEMENT FOR :(EC~';Il:C_-" ", REHABILITATION OF PAVEMENT ON PALM AVENUE "9'1 Jill 26 P I ZJ Between THE CITY HIGHLAND AND THE CITY OF SAN BERNARDINO AGREEMENT This Agreement is made and entered into this ;1lst- day of June, 1999, 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 rehabilitation of pavement on Palm A venue from Base Line Street to 20th Street, 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: 1) To provide all necessary preliminary engineering, 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 cost 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- 1999-150 Cooperative Agreement for the Rehabilitation of Pavement on Palm Avenue Page 2 of6 bid "Job Walk" with contractors, the bid opening, and the pre-construction conference; 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 following bid opening, an alternative course of action is not agreed upon, HIGHLAND shall reject all bids and 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 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 final cost accounting, based on the proportional share of the cost of the PROJECT in each jurisdiction; .1999-150 Cooperative Agreement for the Rehabilitation of Pavement on Palm Avenue Page 3 of6 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. 14) To furnish promptly to SAN BERNARDINO upon completion of PROJECT and all work incidental thereto, a report containing a detailed statement of SAN BERNARDINO's proportional share of design, construction engineering and contract 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 a "Notice of Completion" for PROJECT, to submit a final invoice to SAN BERNARDINO for the balance of SAN BERNARDINO's share of the cost of PROJECT based on the detailed statement of total design, construction engineering, and construction contract costs. 16) To furnish promptly upon completion of PROJECT, "As Built" plans for PROJECT; 17) To retain or cause to be retained for audit by SAN BERNARDINO or other govenunent 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 its 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 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 $100,000; 2) To promptly render payment for all billings submitted by HIGHLAND in accordance with this Agreement; 1999-150 Cooperative Agreement for the Rehabilitation of Pavement on Palm Avenue Page 4 of6 3) Prior to award of the construction contract for PROJECT, and in sufficient time to allow HIGHLAND to reject all construction bids therefor, 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, as established herein, 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; 5) To indemnifY, defend, and hold harmless HIGHLAND and its 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 performance under this Agreement. SECTION III It is mutually agreed: 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 to be an original for all purposes but all of which will constitute one in the same agreement. 1//1111 IIIIIII 1999-150 Cooperative Agreement for the Rehabilitation of Pavement on Palm Avenue Page 5 of6 IN WITNESS WHEREOF, said parties have caused this instrument to be officially executed and attested by their duly constituted officers. CITY OF HIGHLAND ~ (J APPROVED: \..~ c.:--' Brad Sundquist, Mayor ATTEST: ~().~ , Debbie Lee, City Clerk APPROVED AS TO FORM: Marguerite P. Battersby, City Attorney BY: m tv\~V' hr.)., Q, rl:,..!thA ~ ~ ~., CITY OF SAN BE c~ APPROVED: J ATTEST: ~h.~ Ra I Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: James F. Penman, City Attorney BY: au~ 7. 11k~ o . 1999-150 Cooperative Agreement for the Rehabilitation of Pavement on Palm A venue Page 60f6 ExmBIT "A" PROJECT COST ESTIMATE REHABILITATION OF PAVEMENT P ALM AVENUE FROM BASE LINE STREET TO 20TH STREET SAN BERNARDINO I HIGHLAND TOTAL DESCRIPTION SHARE' SHARE AMOUNT Proportional Share of Cost in City Limits 42.62% 57.38% 100.00% Design Cost 3,620 5,090 8,710 Construction Engineering & Inspection 6,650 9,350 16,000 Construction Contract 84,706 112,640 198,149 Total Project Cost $ 94,976 $ 127,080 $ 222,859 *Maximum participation by SAN BERNARDINO shall not exceed $100,000. 27215 Base Line Highland. CA 92346 (909) 864-6861 FAX (909)862-3180 City Council Mayor Brad Sundquist John R. Starbuck Mayor Pro-Tern Larry Brown Ray Rucker, Jr. John P Timmer City Manager Sam J. Racadio June 2, 1999 City of HIG Mr. Michael Grubbs, Acting City Engineer City of San Bernardino 300 North D Street San Bernardino, CA 92418 Re: Palm Avenue Pavement Rehabilitation Dear Mr. Grubbs: The City of HigWand would like to propose a joint pavement rehabilitation project with the City of San Bernardino to repair/overlay Palm Avenue between Base Line and 20th Street. Conditions of existing pavement on Palm Avenue requires major maintenance work in order to prevent further deterioration. Because both cities each own various portions of Palm Avenue, it is logical that the repair/overlay work be done as a joint project. The joint project will include repair of failed pavement from Atlantic Avenue to 20th Street, and from Base Line to Foster Avenue, and placement ofa 0.15' thick rubberized asphalt overlay from Base Line to 20th Street. It is proposed that the City ofHigWand be the lead agency to coordinate the design, contract administration and construction of the project. The proportionate share of project cost to be shared by the City of San Bernardino is estimated to be $94,976 including $84,706 for construction and $6,650 for other costs. The City ofHigWand has previously applied for State matching fund under the State-Local Agency Transportation Partnership Program (SL TPP). The State will match up to $40,440. Once received, the matching fund will be distributed proportionally between the two cities. Thank you for your support in recommending this joint project. Please call me at (909)864-8732, ex!. 212 if there are any questions regarding this request. Sincerely, ~?U, 7 ;0CJ^'t Ernest Wong Public Works Director/City Engineer cc: Sam Racadio, City Manager r - 1999-150 EXHIBIT "e" LOCATION MAP PALM AVENUE FROM BASE LINE STREET TO 20TH STREET