HomeMy WebLinkAbout14-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 23, 2002
OR" "" 'I'lL
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Subject: Approve the inclusion of the
widening of Boulder A venue between
Atlantic A venue and Base Line Street in the
FY 2002/2003 budget and adopt Resolution
approving a Cooperative Agreement
between the City of San Bernardino and the
City of Highland for construction of street
improvements on Boulder A venue between
Atlantic A venue and Base Line Street.
From: James Funk
Dept: Development Services
MCC Meeting Date: May 6, 2002
Synopsis of Previous Council Action:
None.
Recommended Motion:
I. Approve the inclusion of the widening of Boulder A venue between Atlantic A venue and
Base Line Street in the FY 2002/2003 budget; and
2. Adopt Resolution.
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Contact person:
Raymond A. Casey, Deputy Director
Phone: 5111
Supporting data attached: Staff Report, Reso., Letter, Agreement, Map.
Ward: 4
FUNDING REQUIREMENTS: Amount:
$ 146,000
Source: Account No. 129-367-5504-xxxx
FY 2001./O~ I/, cent sales tax revenne
Finance:
Council Notes:
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Agenda Item No. / J.f
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Approve the inclusion of the widening of Boulder A venue between Atlantic A venue and Base
Line Street in the FY 2002/2003 budget and adopt Resolution approving a Cooperative
Agreement between the City of San Bernardino and the City of Highland for construction of
street improvements on Boulder Avenue between Atlantic Avenue and Base Line Street.
Background:
The City of Highland staff prepared a joint project to improve Boulder A venue between
Atlantic A venue and Base Line Street. This street improvement project includes grinding the
edges and widening the pavement, installation of sidewalk, curb and gutter, striping and street
lights. The City's share is based on a proportionate share of the cost of improvements for
the portion of the street within the City of San Bernardino, on the west side of Boulder
Avenue between Atlantic Avenue and Pacific Street. The City of Highland will be paying a
much higher percentage of the total project cost based on the proportionate share of the cost of
improvements as indicated in Exhibit "A" attached to the Agreement.
This roadway is designated a major arterial on the Circulation Element in the General Plan for
both San Bernardino and Highland and is on the regional Congestion Management Plan (CMP)
for the SANBAG Region. Boulder Avenue is one of a few north/south arterials traversing
several cities and ultimately accesses a major retailer (WaIMart) to the north in San
Bernardino.
In addition, staff recommends supporting cooperating with neighboring cities on such projects
when the opportunity presents itself and in turn they would be inclined to work with San
Bernardino on other similar projects in the future.
Construction of this project is expected to start in July of 2002 and be completed by November
of 2002. The Agreement provides that San Bernardino will not be billed until the project is
completed.
Financial Impact:
The City's share of the total estimated cost of the Boulder Avenue Project is $146,000
including staff time and contingencies. Staff recommends that this amount be included in the
FY 2002/2003 budget in the 1f2 cent sales tax fund.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
Recommendation:
Approve the inclusion of the widening of Boulder A venue between Atlantic A venue and Base
Line Street in the budget for FY 2002/2003 and adopt resolution.
27215 Base Une
Highland. CA 92346
(909) 864-6661
FAX (909)862-3180
www.ci.highland.ca.us
City Council
Mayor
Larry Brown
Mayor Pro- Tem
John P. Timmer
Ray Rucker, Jr.
John R. Starbuck
Brad Sundquist
City Manager
Sam J. Racadio
City of
RIG
March 18, 2002
ML Ray Casey, City Engineer
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Dear ML Casey:
The City of Highland would like to propose a joint street project with the City of San
Bernardino to improve Boulder Avenue between Atlantic Avenue and Base Line.
Proposed street improvements include construction of new curb and gutter, sidewalk.
pavement. signage, striping and street lights.
The majority of the project area is within City of Highland. The only area within City of
San Bernardino is the west side of Boulder Avenue from Pacific Street to Atlantic
Avenue. The fair share project cost for San Bernardino, including design, construction
and construction engineering is estimated to be $127,000_ We propose that the City of
Highland will act as lead agency to design and construct the project. Construction of the
project is anticipated to begin sometime in July and completed by the end of September,
2002. Highland will not request reimbursement of San Bernardino's share before July I,
2002.
You have previously indicated your conceptual support of this joint project. I have put
together the attached draft agreement which is modeled after the agreement originally
prepared by San Bernardino for our last joint project (6th Street pavement rehabilitation),
and approved by the attorney of both cities. If you have any proposed changes, please let
me know at your earliest convenience.
Thank for your support of this project which will certainly benefit the residents of both
of our cities. Please call me at (909)864-8732, ext. 212 if there are any questions.
Sincerely,
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Ernest Wong
Public Works Director/City Engineer
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RESOLUTION NO.
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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 IDGHLAND FOR CONSTRUCTION OF STREET
4 IMPROVEMENTS ON BOULDER AVENUE BETWEEN ATLANTIC AVENUE AND
BASELINE STREET.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8
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 "1"
10 and incorporated herein) with the City of Highland for the construction of street improvements
11 on Boulder A venue between Atlantic A venue and Baseline Street.
12
SECTION 2. The authorization to execute the above referenced agreement is
13
14 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
15 of this resolution.
16 III
17 III
18
19
20
21
22
23
24
25
26
27
28
- 1 -
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1 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 ffiGHLAND FOR CONSTRUCTION OF STREET
3 IMPROVEMENTS ON BOULDER AVENUE BETWEEN ATLANTIC AVENUE AND
BASELINE STREET.
4
5
6
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the_
day of
, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
9 ESTRADA
10
11
12
13
LIEN
MC GINNIS
DERRY
14 SUAREZ
15
16
17
18
19
20
21
22
23
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
Judith Valles, Mayor
City of San Bernardino
24
Approved as to
25 form and legal content:
26
27
28
JAMES F. PENMAN,
By:.
- 2 -
City Au
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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 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, 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;
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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 AA 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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EXHIBIT "1"
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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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 lintited 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:
//1
//1
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 an
original for all purposes but all of which will constitute one in the same agreement.
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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 ffiGHLAND
APPROVED:
Larry Brown, Mayor
ATTEST:
Betty Hutchins, City Clerk
APPROVED AS TO FORM:
Marguerite P. Battersby, City Attorney
CITY OF SAN BERNARDINO
APPROVED:
Judith Valles, Mayor
ATTEST:
Rachel Clark, City Clerk
CONTENT:
l~'.
James
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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
May 13, 2002
Betty Hutchins, City Clerk
City of Highland
27215 Base Line
Highland, CA 92346
Dear Ms. Hutchins,
At the Mayor and Connnon Council meeting of May 6, 2002, the City of San Bernardino
adopted Resolution 2002-126 - Resolution authorizing the execution of a cooperative agreement
between the City of San Bernardino and the City of Highland for construction of street
improvements on Boulder Avenue between Atlantic Avenue and Baseline Street.
Enclosed one (1) original agreement. Please obtain signatures in the appropriate locations and
return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by July 5, 2002.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
Michelle Taylor
Senior Secretary
Enclosure
LETTER OF TRANSMITTAL
CITY OF HIGHLAND
CITY CLERK'S OFFICE
27215 BASE LINE, HIGHLAND, CA 92346
(909) 864-6861 @FAX (909) 862-3180
P.O. Box 1318
Date: Mav 20, 2002
RE: Cooperative Agreement for Boulder Avenue
Improvements between the City of Highland
and the City of San Bernardino
TO City of San Bernardino
San Bernardino, CA 92418-0001
ATTENTION Ms. Michelle Taylor, Senior Secretary
WE ARE SENDING YOU THE FOLLOWING ITEMS:
Public Service Application
Proclamation
Certified Copy
Copy of Letter
Bonds
xx Agreement
COPIES;
1
Cooperative Agreement for Boulder Avenue Improvements
THESE ARE TRANSMITTED as checked below:
For Execution
For Your Use
xx As Requested
For Your File
If you have any questions, please contact me at 909.864.6861, ex!. 226.
cc: Ernie Wong, Public Works Director/City Engineer
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CityCI k
C:\MyFilesIWPDATAltransmittalslcity sb TRN.wpd
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 22, 2002
TO:
Raymond Casey, Deputy Director/City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-126 - Boulder Avenue Improvements
CC:
Finance
Attached is a fully executed copy of the cooperative agreement between the City of San
Bernardino and the City of Highland for construction of street improvements on Boulder Avenue
between Atlantic A venue and Baseline Street. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5-6 --0.;;1. Item #
Vote: Ayes \-.:l\ 4-'1 Nays-G
Change to motion to amend original documents: -
1-'\ Resolution #
Abstain .kY
dCfJ ~- \ ;)~
Absent ~-:S
Reso. # On Attachments: ~ Contract term: .-
Note on Resolution of Attachment stored separately: --==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: tao OA1S I '1-5-0;:l
By: -
Date Sent to Mayor: S -'1 - () d-
Date of Mayor's Signature: .5 -'i(--o:;)-
Date of ClerklCDC Signature: ~ -9 -D d-
Reso. Log Updated: ,/"
Seal Impressed: v
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:"/ Date Returned:.5 - d .;1- OJ..
See Attached:
See Attached:
Date MemolLetter Sent for Signature:
5-(~-(J;l
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
,
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes / No By
-
Yes No ----L- By
Yes No---L-. By
Yes N07 By
Yes No By
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance
Dev. Services L EDA
Finance ,/
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ()l-r
Date: (5- d ;}--o:;-
Revised 01/12/01