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Fi~NO. 1.363
- REQUEST FOR COUNCIL ACTION
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CITY OF SAN BERNARDINO
From:
Roger Hardgrave REC'D."AOM1H. OFF. Subject:
Pub1 ic \~orks/Enginee~~'-ll OCT 10 PH 3: 32
Authorization to Execute Agreement
with County"" Widening Box Cu1vert
on Tippecanoe Avenue at Mission Creek
Dept:
Date: 10-7-85
Synopsis of Previous Council action:
September, 1985
Pn amount of $28,276 allocated by adoption of a final
budget to finance the City's share of the cost for
widening the box culvert on '1ission Creek and railway
grade crossing.
Recommended motion:
Adopt resolution.
cc: John Matzer, Jr., City Admin.
~arren Knudson, Dir. of Finance
Ralph Prince, City Attny.
VA;f~
Contact person:
Roger Hardgrave
Phone:
5025
Supporting data attached: Staff Report & Resolution
Ward:
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FUNDING REQUIREMENTS:
Amount: $50,000
Source: Street Const. Fund - Acct, No.
242- 362- 571~"Ti ppecanoe/Grade Cross inJl-"----_
Finance:
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Council Notes:
75-0262
Agenda Item NO~'
c~ OF SAN BERNAR-'dO - REQUdT FOR COUNCIL AbtION
STAFF REPORT
The present box culvert and railroad grade crossing provide only
one (1) traffic lane in each direction. This section of Tippecanoe Avenue
will constitute an impediment to the flow of traffic, upon completion of the
new 4-lane bridge over the Santa Ana River.
The proposed agreement provides, in general, that the City will
act as the lead agency, and have the plans prepared, advertise for bids,
award a contract and finance the entire cost of the project, estimated at
$100,000; also, to determine the feasibility of using Federal-Aid Urban Funds.
The County will reimburse the City for 50% of the actual total project costs.
A separate agreement will be required for widening the railway
grade crossing. The Santa Fe Railway Company has been requested to prepare an
updated estimate of cost for widening the grade crossing, in order that
processing can be started.
Funds in the amount of $28,276 have been allocated to finance
the City's share of the project cost. Supplemental funds in the amount of
$21,724 will be needed to fully finance the City's estimated share of the
cost, if Federal-Aid Urban Funds are not used. In the event Federal-Aid
Urban Funds are used, the City's local agency matching funds requirement will
be approximately $6,890 (86.22% of $50,000).
We recommend that this agreement be approved, even though
there is some uncertainty as to how the cost will be funded. If Federal-Aid
Urban Funds are not used, and the necessary supplemental funds cannot be
secured in the 1985-86 fiscal year, then construction may have to be deferred
until after 7-1-86.
Approval of this agreement will allow environmental studies
and preliminary engineering to be started.
75.0264
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RESOLUTION NO.
RESOLUTIon OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN IIGREEflENT WITH THE COUIITY OF SAN BERNARDINO RElATING TO THE EXTENSlO~
OF TIlE BOX CULVERT FOR MISSION CREEK AT TIPPECANOE AVENUF.
BE IT RESOLVEll BY THE rJl,YOR AND Cf)f.It.\ON C/11JNCll OF THE CITY Of
SAN BrRNAROINO AS FOLLOWS:
SECTION 1. The '~yor of the City of San Bernardino is hereby
authorized and directed to execute. on behalf of said City. an agreement
with the County of Sin Bernardino relating to the extension of the box
culvert for Mission Creek at Tippecanoe Avenue, which agreement is attached
hereto, marked Exhibit "A" and incorporated herein by ,reference as fully
as though set forth at length.
SECTION~. The agreement shall not take effect until fully
Signed and executl!d by both parties. The City shall not be obligated
hereunder unless and until the agreement is fully executed and no oral
aqreement relating thereto shall be implied or authorized.
I HEREBY CERTIFY that the foregoir.g resolution was duly adopted
by the "'ayor and Common Council of the City of San Bernardino at a
__meeting thereof, held on the _day of .
1905. by the following vote. to-wit:
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AYES: Council Members
NAYS:
ABSENT:
-'City Clerk
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The foregoing resolution is hereby approved this
. 1985.
day of
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Mayor of the Chy of San Bernardino
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Approved as to form:
City Attorney
State o.f California )
County of San Bernardino ) SS
City of San Bernardino )
I do hereby certify that the foregoing Resolution No.
is a full, true and correct copy of that now on file in this ofrfCe~
I~ WITNESS WHEREOF. I have hereunto
seal of the City of San Bernardino, this
1985.
set my hand and affixed the
day of
Citycrerk
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AGREEI'10lY'
THIS~~F:E!:![IIT, made and entered into this SEP 0 91985tay of
. 1985, by and between San Bernardino County,
a body corporate and politic of the State of California,
hereinafter referred to as "COUNTY", and the City of San
Bernardino, a municipal corporation of the State of California,
hereinafter referred to as "CITY".
IHTNESSETH
WHEREAS, the existing box culvert section, Misson Channel
across Tippecanoe Street, South of A.T. & S.F. Railroad, is of
insufficient ~lidth and in need of extension in order to provide
for r 0 a d ~I a y imp rove men t s top e r m i t u 1 t i mat e de vel 0 p men t 0 f
Tippecanoe as an arterial roadway and,
WHEREAS, the City and County propose to utilize Federal
Aid Urban Funds and/or other available funds to finance their
respective shares of the cost for extending this section of box
culvert; and
WHEREAS, approximately 50% of the proposed project is
within the incorporated limits of CITY, with the remaining 50%
located within the unincorporated area of COUNTY, and
WHEREAS, County and City do also mutually desire to
specify herein the terms and conditions under which said project
is to be constructed, financed and maintained; and
WHEREAS, construction of project is proposed for the 1985-
186 fiscal year, at a total preliminary estimated cost of
$100,000.00.
EXHIBIT "A"
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NOW, TIIEREFORE':-'n IS NUTUALt-f AGREED AS FOLlOHS:
SECTION OIlE: CITY SIIAll --
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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
a pprova 1, pre,pa re all req u ired rep or.ts, agree men ts
obtain all permits necessary to accomplish said
improvements, and determine the feasibility of
util fling FAU funds on the project.
1.03 Prepare construction plans, specifications, esti-
mate of quantities and costs, and contract docu-
ments.
1;04 Arrange for relocation or removal of all utilities
which are in conflict with said improvements.
1.05 Submit plans, specifications, estimate, and an
application for no-cost en~roachment perm~t to
COUNTY and to the County Flood Control District and
obtain approval thereof priDr to advertising for
bids.
1.06 Provide adequate cOhstruction inspection of all
items of work performed under construction contract
referenced hereinabove, and maintain records of
inspections and .materials test for review by
COU NTY .
1.07 Maintain a detailed record of any proposed changes
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to the-approved pt5'ns and specifications. 'and
secure COUNTY's approval prior, to authorizin~ any
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major changes thereof. (,)
1.08 Submit a set of wAs-Built" plans to COUNTY upon
completion of project.
1.09 Advertise, award. administer and fund a
construction contract for' the hereinabove
referenced improvements.
1.10 Accept responsibility for all costs of the project,
including preliminary engineering, construction
engineering, construction contract, applicable
overhead charges, and any other costs directly
~ributable to project, except for the 50% share to
be borne by COUNTY as provided hereinafter.
1.11 Submit an accounting to COUNTY of all costs charged
to the project, along with a statement for COUNTY's
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share of the cost.
1.12 Upon completion of the project, assume maintenance
of the improvements to be constructed within the
incorporated area under jurisdiction of CITY.
1.13 Require iis contractor(s) to provide single limit
insurance covering bodily injury and property
damage in an amount of not less than one million
($1,000,000.00) dollars. Said insurance shall name
COUNTY as an additional insured party.
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SECTIOII TWO:
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COUNTY SIlALL
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2. 0 1 ' P e.r m i t C IT Y to imp r 0 vet h 0 s e un i n cor po rat cd
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portions of Mission Channel across Tippecanoe
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2.02
Street, South of A.T. & S.F. Railroad, in
accordance to the approved plans and
specifications.
Assist CITY in accomplishing the removal or
relocation of utilities in conflict with the said
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improvements.
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2.03
Accept responsibility for SOX of the project costs
and reimburse CITY, within 30 days after receipt of
an itemized statement of cost. COUNTY's share is
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estimated to be $50,000.00; but in no event shall
COUNTY's total obligation under this agreement
exceed $55,000.60, provided that COUNTY may, at its
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sole discretion, in writing, authorize a greater
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amount.
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2.04 Upon completion of the project, assume maintenance
of the improveme~ts to be constructed within the
unincorporated area under jurisdiction of COUNTY.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
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3.01 That no party to the agreement nor officer nor
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employees thereof shall be responsible for any
damage or liability occuring by reason of anything
don e 0 r i n con n e c t ion wit h any w 0 r k, aut h 0 r i ty 0 r
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jurisdiction delegated to the'parties under this
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Agree men t.
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It is al so understood and agreed that
pursuant to Government Code Secti on 895.1\ each
party shall fully indemnify and hold all other
parties harmless from any 1 iabil fty for injury (as
defined by Government Code Section 810.8) ocurring
by reason of anything done or omitted to be done
under or in connection with any work, authority or
jurisdiction delegated under this Agreement.
3.02 In the event that FAU funding is used on the
project, such funds will reduce the local cost
shares of the City and County by the amount of FAU
funds used.
THIS AGREEEIHNT shall inure to the benefit of and be
binding upon the successors and assigns of the parties involved.
IN WITNESS WHEREOF, the parties hereto ha~e caused this
greement to be executed by their respective officials thereunto
uly authorized.
COUNTY Of SAN BERNARDINO
TTEST:
lark of the Board of
upervisors of the County
f San Bernardino
By.
hal rman, Board
Robert O. Townsend
of Supervisors
SEP 0 9 1985
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CITY OF SAN BERNARDINO
TTEST:
B'y:
Mayor
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lIy:
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cTtYC)erk
Approved as to form:
City Attorney
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