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OF SAN _RN~DINO - RI:QUBST NFJR6CouNCIL ACTION
C u _
~a..~._ft#f~uthorization to Execute Agree-
ROGER G. HARDGRAVE d~;~'''''''''''''' me.nt with City of Colton - Rehab-
. ". /" llII tz: 5Q.i tat ion of Pavement on Mt. Vernon
Pub1~c Works/Eng~neer~ng 1999 APR -0 fl'l Avenue, from Grant Street to
3-29-89 Second Street ~
Synopsis of Previous Council action:
From:
Dept:
DlIt8:
June, 1988 -- Allocation of $407,800 in 1988/89 Street Construc-
tion Fund Budget, under Account No. 242-368-57670,
approved. .
Recommended motion:
Adopt resolution.
cc: Jim .Robbins
Jim Richardson
Jim Penman
Andy Green
Contact person: Rl'qer G. Hardgrave
Staff Report, Agreement
Supporting data attached: and Resolution
Phone:
5025
Ward:
3
FUNDING REQUIREMENT.S:
Amount:
N/A
Source: (Acct.No.l 242-368-57670
(Acct. Descriotionl Mt. Vernon Avenue Pavement
Rehabilitation - Grant Street to Second St. Finance:
Council Notes:
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~ 'oF SAN BER~DINO - REQUEST PdR COUNCIL ACTION
STAFF REPORT
The rehabilitation of the pavement on Mt. Vernon Avenue,
from Grant. Street to Second Street, was nominated for funding
from Federal-Aid Urban Funds. This projecl received a
sufficiently high priority rating to receive Federal-Aid Urban
Funds .to finance about 86% of the cost. The remaining 14% will
have to be provided from local funds. .
The west half of Mt. Vernon Avenue, from Grant Street to
Johnson Street, is within the City of Colton. This area
comprises 10% of the total project area. Therefore, 10% of the
local agency share will need to be provided by Colton.
An amount of $407,800 has been budgeted. Federal-Aid
Urban Funds have been provided to finance about $350,708 of the
total project cost, with the remaining $57,092 provided by the
Cities of Colton and San Bernardino. Colton will provide
$5,709, with San Bernardino financing the remaining $51,383.
The proposed agreement provides, in general, that San
Bernardino will accomplish the project and Colton will finance
10% of the local agency share.
We recommend that the agreement be approved.
3-29-89
75.0264
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3/29/89
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON FOR REHABILITA-
TION OF PAVEMENT ON MT. VERNON AVENUE, FROM GRANT STREET TO
SECOND STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed
7 to execute on behalf of said City a Master Agreement with. the
8 City of Colton for Rehabilitation of Pavement on Mt.. Vernon
9 Avenue, from Grant Street to Second Street, which agreement is
10 attached hereto marked Exhibit "An, and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a meeting thereof, held on the
15 ____day of , 1989, by the following vote, to-wit:
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AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this.
day of
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, 1989.
25 Approved as to form
and legal content:
26 James F. Penman
27 City ttorney
Evlyn Wilcox, Mayor
City of San Bernardino
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1 AGREEMENT
2 THIS AGREEMENT. made and entered into t.hi s 21st
3 day of February 1989. by and between the City of San
4 Bernardino. a municipal corporation of the State of California.
5 hereinafter referred to as "SAN BERNAROiINO". and the City of
6 Colton. a municipal corporation of the State of California.
7 hereinafter referred to as "COLTON".
8
9 WITNESSETH
10 WHEREAS. the Pavement Rehabilitation of Mt. Vernon
11 Avenue. from Grant Street to Second Street, and
12 WHEREAS. Colton and San Bernardino propose to utilize
13 Federal Aid Urban Funds andlor other available funds to finance
14 thei r respective shares of the cost for rehabil itati on of thi s
15 section of Mt. Vernon Avenue; and
16 WHEREAS. approximately 90% of the proposed project is
17 within the incorporated limits of San Bernardino, with the
18 remaining 10% located within the incorporated area of Colton.
19 and
20 WHEREAS. San Bernardino and Colton do. also mutually
21 desire to specify herein the terms and conditions under which
22 said project is to be constructed, financed and maintained; and
23 WHEREAS, constructi on of project is proposed for the
year, at a total preliminary estimated cost of
24 1988-89 fiscal
25 $407.800.00.
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1/18/89
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EXHIBIT "A"
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION ONE: SAN BERNARDINO SHALL --
1.01 Perform all necessary field surveys, soil tests
and materials investigations necessary for
design of said improvements.
1.02 Act as lead Agency in securing Environmental
Review approval, prepare all required reports,
agreements, obtain all permits necessary to
accomplish
said
improvements,
and ' secure
approval from Caltrans for expendi ng FAU funds
on the project to.finance approximately 86% of
the total project cost.
1.03 Prepare construction plans, specifications,
estimate of quantities .and costs, and contract
documents.
1.04 Arrange for relocation or removal of all
utilities which are in conflict with said
improvements.
1.05 Submit plans, specifications and estimate to
Colton and obtain approval thereof prior to
advertising for bids.
1.06 Provide adequate construction inspection of all
items of work performed under construction
contract referenced hereinabove, and maintain
records of inspections and materials test for
review by Colton.
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1.07 Maintain a detailed record of any proposed
changes to the approved Plans and
Specifications, and secure Colton's approval
prior to authorizing any major changes thereof.
1.08 Submit a set of "As-Built" plans to Colton upon
completion of project.
1.09 Advertise, award, administer and fund a
constructi on contract for the herei nabove
referenced improvements.
1.10 Provide funds to finance all costs of the
project, including preliminary engineering,
construction engineering, construction con-
tract, applicable overhead charges, and any
other costs directly attributable to project.
1.11 Submi t an accounti ng to Colton of all costs
charged to the project, along with a statement
for Colton's share of the cost.
1.12 Upon completion of the project, assume
responsibility for maintenance of the portion
of the improvements wi thi n the 11 .its of San
Bernardino.
1.13 Provide City Funds to finance 90S of the local
agency share, consi sti ng of approximately 14S
of the total project cost.
1.14 Require the Contractor(s) to provide single
limit insurance covering bodily injury and
property damage in an amount of not 1 ess than
one million ($1,000,000.00) dollars. Said
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insurance shall name Colton as an additional
insured party.
SECTION TWO: COLTON SHALL
2.01 Permit San Bernardino to improve those portions
of Mt. Vernon Avenue, between Grant Street and
Johnson Street, within the corporate limits of
Colton, in accordance with the approved Pl ans
and Specifications.
2.02 Assist San Bernardino in accomplishing the
removal or relocation of utilities in conflict
with the said improvements.
2.03 Reimburse San Bernardino within 30 days after
receipt of an itemized statement of cost for
Col ton's share. Col ton's share wi 11 be 10% of
the local agency's share, and is estimated to
be $5,709.00; but in no event shall Colton's
total obligation under this agreement exceed
$6,280.00, provided that Colton may, at its
sole discretion,
in writing, authorize a
greater amount.
2.04 Upon completion of the project, assume main-
tenance of the improvements to be constructed
within the incorporated area under jurisdiction
of Colton.
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1 SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
2 HERETO
3 3.01 That no party to the agreement nor officer nor
4 employees thereof shall be responsible for any
5 damage or liability occurring by reason of any-
6 thi ng done or in connecti on wi th . any work.
7 authori ty or juri sdi cti on de'l egated to the
8 parties under this Agreement. It is also
9 understood and agreed that pursuant to
10 Government Code Section B95.4 each party shall
11 fully indemnify and hold all other parties
12 harmless from any liability for injury (as
13 dev i ned by Government Code Section 810.8)
14 occurri ng by reason of anythi ng done or
15 omitted to be done under or in connecti on wi th
16 any work, authority or jurisdiction delegated
17 under thi s Agreement.
18 THIS AGREEMENT shall inure to the benefit of and be
19 binding upon the successors and assigns of the parties involved.
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IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officials
thereunto duly authorized.
ATTEST:
By:
City Clerk
Approved as to Form and
Legal Content:
By:
i') 9.~
~t' Att.,..,
ATTEST:
By:.*'....va.~
Clty Clerk
Approved as to Form and
L~
lty Attorney
CITY OF SAN BERNARDINO
By:
EVLYN WiLCOX,Mayor
City of San Bernardino
CITY OF COLTON
B
. . ayor
. City 0 ton
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