HomeMy WebLinkAbout10-Development Services
ORIGflJAL
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: William Woolard, Interim Director
Date: October 3, 2000
Subject: Resolution approving an Agreement
with the City of Highland for rehabilitation of
6th Street between Tippecanoe A venue and
Victoria A venue, and authorization for the
Director of Finance to amend the FY 2000/01
budget and transfer funds.
Dept: Development Services
File No. 1.7199
MCC Date: 11/06/00
Synopsis of Previous Council Action:
July 2000 - Allocated $100,000 in Account No. 129-367-5504-7199 (6th Street-Tippecanoe
Avenue to Victoria Avenue-pavement rehabilitation), allocated $250,000 in Account No. 129-
367-5504-7202 (Disabled Access Ramps-various locations) as part of the 2000/01 Capital
Improvement Program (CIP).
Recommended Motion:
1. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY 2000/01 budget and transfer $15,000
from Account No. 129-367-5504-7202 (Disabled Access Ramps-various locations) to
Account No. 129-367-5504-7199 (6th Street-Tippecanoe Avenue to Victoria Avenue-
pavement rehabilitation).
!l1jluuJJ,~A.~
William Woolard
Contact person: Michael W. Grubbs, Senior Civil Engineer
Phone:
5179
Supporting data attached: Staff Report, Reso, Agreement & Map
Ward(s):
1&2
FUNDING REQUIREMENTS: Amount: $115,000
Source: (Acct. No.) 129-367-5504-7199
Acct. Description: 6'" Street-Tippecanoe to Victoria pavement
rehab.
Finance: (&/o/A vI~~
:;
Council Notes:
ll/i6/1JD
Agenda Item No. 10
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution approving an Agreement with the City of Highland for rehabilitation of 6th Street
between Tippecanoe Avenue and Victoria Avenue, and authorization for the Director of Finance
to amend the FY 2000/01 budget and transfer funds.
Background:
The City of Highland is planning to rehabilitate 6th Street from Tippecanoe Avenue to Victoria
A venue and is requesting that the City of San Bernardino participate and pay a proportionate
share of the cost. San Bernardino has approximately 28.47% of the project within its boundaries
and Highland has the remaining 71.53%. See Exhibit A for project location.
The project consists mostly of overlaying the existing pavement between Tippecanoe and
Victoria Avenues with new rubberized asphalt pavement. In addition, handicap ramps will be
constructed where needed to comply with handicap accessibility standards. This cooperative
project will be mutually beneficial to both the city of Highland and the city of San Bernardino.
The total cost of San Bernardino's portion of the project will be reduced to "economy of scale"
of the cooperative project compared to the cost of each city awarding a separate contract.
If this agreement is approved and the project goes to construction, signs will be posted on 6th
Street at each entry point to the project indicating that this is a cooperative project between the
Cities of Highland and San Bernardino.
The City of Highland will prepare the plans, advertise for bids and administer the project. San
Bernardino will approve the portion of the plans for work in our city limits and will have to
concur in the award of the contract. Additionally, San Bernardino public works staffwill inspect
and approve all work within the city limits.
Based on the preliminary estimate, the share of cost for San Bernardino is $99,963. The
agreement provides for a maximum participation of $115,000 by San Bernardino, which is
$15,000 greater than the allocated budget. Since handicap accessibility is part of this project, it
is being proposed that $15,000 be transferred from Account No. 129-367-5504-7202 (Disabled
Access Ramps-various locations) to Account No. 129-367-5504-7199 (6th Street-Tippecanoe
Avenue to Victoria Avenue-pavement rehabilitation) to fully fund the project.
Financial Im\)act:
Measure "I" funds (1I2-cent sales tax) in the amount of $100,000 was allocated as part of the FY
2000/01 CIP in Account No. 129-367-5504-7199 (6th Street-Tippecanoe Avenue to Victoria
Avenue-pavement rehabilitation) to fund this project. It is being proposed that $15,000 be
transferred from Account No. 129-367-5504-7202 (Disabled Access Ramps-various locations)
to provide a total amount of $11 5,000, which will be sufficient to fund this project.
Recommendation:
Recommendation:
That the Mayor and Common Council adopt the resolution approving an Agreement with the
City of HigWand for rehabilitation of 6'" Street between Tippecanoe A venue and Victoria
A venue, and authorize the Director of Finance to amend the FY 2000/01 budget and transfer
$15,000 from Account No. 129-367-5504-7202 (Disabled Access Ramps-various locations) to
Account No. 129-367-5504-7199 (6'" Street-Tippecanoe Avenue to Victoria Avenue-
pavement rehabilitation).
EXHIBIT '~"
Location Map
For
6th STREET
From
Tippecanoe A venue
To
Victoria Avenue
a
VICINITY MAP
N.T.S.
c
c
C.. .
'. .:
1
2
PIR',@)'Wl
~~L; U
RESOLUTION NO. ,.
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 mGHLAND FOR REHABILITATION OF
4 PAVEMENT ON 6'" 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
10
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 6111 Street from Tippecanoe Avenue to Victoria. A copy of
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 / / /
17 / / /
18
19
.20
21
22
23
24
25
26
27
28
October 3, 2000
c
r
\.-
c
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 6'" 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
meeting thereof
held on the
day of
",20 , by the following vote, to
wit:
Council Members:
AYES
NA YES
ABSTAIN ABSENT
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
20
day of
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
B# 1.f<'h--.
o ob 3,2000
2
c
c
c
COOPERATIVE AGREEMENT
FOR
REHABILITATION OF PAVEMENT ON 6tb STREET
Between
THE CITY OF HIGHLAND AND THE CITY OF SAN BERNARDINO
AGREEMENT
This Agreement is made and entered into this _ day of , 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 In 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 1
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 Wa!k" with contractors, the bid opening, and the pre-construction
conference;
c
c
c
Cooperative 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 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;
II) 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
ESTlMA TE.
c
c
c
Cooperative Agreement for the Rehabilitation of Pavemenr on 6" 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;
IS) 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:
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
$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
c
c
c
Cooperative Agreement for the Rehabilitation of Pavement on 6" Street
Page 4 of6
to tetmination 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 perfotmance under
this Agreement.
SECTION 111
It is mutually agreed:
1/1////
///11I/
1/1////
///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 to be an original for all purposes but all of which will constitute one
in the same agreement.
Cooperative Agreement for the Rehabilitation of Pavement on 6" Street
Page 5 of6
c
IN WITNESS WHEREOF, said parties have caused this instrument to be officially
executed and attested by their duly constituted officers.
CITY OF HIGHLAND
APPROVED:
John Timmer, Mayor
ATTEST:
Debbie Lee, City Clerk
APPROVED AS TO FORM:
Marguerite P. Battersby, City Attorney
CITY OF SAN BERNARDINO
c
APPROVED:
Judith Valles, Mayor
ATTEST:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
7-.
es F. Penman, City Attorney
c
c
c
c
Cooperative Apeement for the Rehabilitation ofPavemenl on 6*' Streel
Page 60f6
EXHIBIT "A"
PROJECT COST ESTIMA TE
REHABILIT A nON OF PAVEMENT
6th STREET
FROM
TIPPECANOE A VENUE TO VICTORIA AVENUE
.sAr::!. 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.
-~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): J / -(, -0 ()
Vote: Ayes /-7 . Nays
Item # 10
.0-
Resolution# &-.000 ~~/"
b- Absent ~
Abstain
Change to motion to amend original documents: -
NulVVoid After: &'0 ~A ,h'l )
/-tJ-O! ~
Date Sent to Mayor: /I-f ~O 1) Date Returned from Mayor: /!-f ~O f) Date of Mayor's Sign~re: / /-f ~O (J
Date of Clerk's Signature: II-f .;-O() Reso. Log Updated: V Seal Impressed: V
~_ /)41_"0 __~_AI- fi nh.~-/...J nv //-/:J-CJ(9,
D~te M,4;"o Se;--lOe;;;;T';;;;'f.;;."Signature: See Attached: _ Date Returned: i-IO -C> f
Reso. # On Attachments: V
Contract tenn:
-
Date Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Date Returned:
Note on Resolution of Attachment stored separately: -
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
See Attached:
Request for Council Action & Staff Report Attached: Yes ./'
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By_
No V By_
No V By_
No V- By
No V By=
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
EDA
Finance
MIS
Others:
N~ <- It k
~ ~ ~ tJl ,
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: I)-,"\" Date: ifl \ 10 1m