HomeMy WebLinkAbout16-Development Services
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ORIGlNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
Subject:
Resolution Authorizing
execution of a reimbursement
agreement with the City of
Riverside for street
improvements to Waterman
Avenue.
Date: June 27, 2005
File:
MCC Date: July 5, 2005
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
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Contact person: Mark Lancaster, Deputy Director/City Engineer
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Supporting data attached: Staff Report, Map, Reso & Agreement
Ward:
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FUNDING REQUIREMENTS: Amount: $ 400,000
Source: (Acet. Nos.)
State Infrastructure Loan
Acct. Description:
Finance:
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Sub~ect:
Resolution Authorizing execution of a reimbursement agreement with the City of Riverside for
street improvements to Waterman Avenue.
Back2round:
The City of Riverside approached the City in regards to a permit for a Water Transmission
Main Replacement project on Waterman Avenue between Orange Show Road and 3rd Street.
The purpose of the Riverside project is to replace the existing water transmission main pipeline
with a new larger pipe to convey water to the City of Riverside. The City of Riverside plans
included repairing the trench where the street cut for the waterline installation was to occur,
which is the minimum requirement for projects of this nature. At the same time, City of
Riverside asked if the City of San Bernardino would be interested in sharing the cost to repave
one-half of northbound Waterman A venue where the pipeline was to be installed. It is the City
Engineer's opinion that this is a very cost-effective approach to repairing this segment of
Waterman Avenue. If this project is approved, the repaved area would increase in width from
approximately 10 feet to 32 feet.
Bids on the project were received by the City of Riverside and the cost of paving was bid at
just below $400,000, which is a good price based on the size of the project and the current cost
of materials.
Financial Impact:
All costs related to this agreement will be paid through the Sate Infrastructure Loan.
Recommendation:
Adopt Resolution.
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RESOLUTION NOt..O rPV
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A REIMBURSEMENT
AGREEMENT WITH THE CITY OF RIVERSIDE FOR STREET IMPROVEMENTS
TO W ATERMAN AVENUE.
, 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 to execute a
Reimbursement Agreement with the City of Riverside for street improvements on Waterman
A venue. A copy of the Reimbursement Agreement is attached as Exhibit A and incorporated
herein by reference.
SECTION 2. This Agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party
shall be obligated hereunder until the time of such full execution. No oral agreements,
amendments, modifications or waivers are intended or authorized and shall not be implied
from any act or course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute
it within one-hundred twenty (120) days of passage of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A REIMBURSEMENT
AGREEMENT WITH THE CITY OF RIVERSIDE FOR STREET IMPROVEMENTS
TO WATERMAN 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
, 2005, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City ttorney
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Exhibit "A"
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REIMBURSEMENT AGREEMENT BETWEEN
CITY OF RIVERSIDE AND CITY OF SAN BERNARDINO
FOR IMPROVEMENTS TO WATERMAN AVENUE
This Reimbursement Agreement for Improvements to Waterman Avenue
("Agreement") is made and entered into this day of
2005, by and between the City of San Bernardino, a California charter city and municipal
corporation ("San Bernardino") and the City of Riverside, a California charter city and
municipal corporation ("Riverside"), sometimes also referred to herein jointly as
"Parties" or individually as "Party."
A. Riverside intends to replace an existing water transmission main line in the
City of San Bernardino on Waterman Avenue between 396' south of Orange Show Road
and 270' north of3rd Street.
B. San Bernardino desires to construct street improvements on the easterly
side of Waterman Avenue, between Orange Show Road and 3rd Street.
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C. The Parties intend that, as provided herein, Riverside shall construct the
street improvements desired by San Bernardino and that San Bernardino shall reimburse
Riverside for constructing such street improvements, and, therefore, the Parties desire to
enter into this Agreement for such purposes.
D. Riverside has estimated that construction of the proposed street
improvements shall cost approximately $400,000 and, subject to the provisions herein,
San Bernardino's reimbursement to Riverside for costs related to the proposed street
improvements shall not exceed this amount. If such costs exceed $400,000 than the
parties agree to seek to amend this Agreement to allow for such additional
reimbursement, as further provided herein.
AGREEMENT
NOW WHEREFORE, in consideration of the foregoing recitals that are
incorporated herein by this reference and the mutual terms and conditions herein, the
Parties agree as follows:
1. DESCRIPTION OF STREET IMPROVEMENTS
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The street improvements that are the subject of this Agreement (defined as the
"Project") shall consist of all design and construction engineering and all contract
construction work, including construction and/or project management, associated with
rehabilitating the easterly half of Waterman Avenue between 396' south of Orange Show
Road and 270' north of 3rd Street consisting of approximately 9,582 linear feet of
improvements, as provided herein and as set forth in Bid Schedule "C" to City of
Riverside Specification 719, Bid No. 6248-Phase I and Specification No. 723, Bid No.
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Exhibit "A"
6249-Phase II ("Project"),
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Riverside shall be the lead agency for the Project, and shall provide design and
construction engineering for the Project. Design engineering shall include preliminary
engineering and preparation of construction plans, contract documents and special
provisions for inclusion in the invitation for bids for the Project. Costs associated with
design engineering shall be borne by Riverside. Construction engineering shall include
construction survey material testing, inspection, contract administration and supervision
of the construction. Riverside shall solicit competitive bids for the construction work
pursuant to Riverside's usual public works competitive bidding procedures. Construction
shall include, but not limited to, grind all asphalt pavement down 0.10 feet (half street
width), furnish and install asphalt concrete overlay 0.10 feet thick (half street width), rise
manholes and valve cans to grade, street striping (paint) per San Bernardino standards,
provide traffic control and replace traffic signal loops.
2. TERM.
The term of this Agreement shall become effective on the date first written above,
and shall remain in effect until a Notice of Completion for the construction of the Project
has been recorded, unless terminated earlier pursuant to the terms herein. Early
termination shall be as provided for in Section 9 of this Agreement.
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3.
CONSTRUCTION
3.1 Construction. Riverside agrees to construct, or caused to be constructed,
the Project in accordance with, without limitation, all approved or required specifications,
plans, drawings, documents and permits issued and/or prepared by San Bernardino,
Riverside and/or other governmental agency exercising jurisdiction over the Project. All
construction contracts entered into for the Project shall be entered into with a duly
licensed, insured and bonded contractor or contractors.
3.2 Compliance with Governmental Regulations. Riverside shall carry out the
design, construction and operation of the Project in conformity with all applicable
governmental regulations.
3.3 Proiect Schedule of Performance. Not later than ten (10) days after
completion of the Project, Riverside shall prepare and record a Notice of Completion and
shall lodge a copy of the same with San Bernardino.
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3.4 San Bernardino Right of Insoection. San Bernardino shall obtain or cause
to be obtained any and all necessary construction permits prior to commencing of any
work within the public rights-of-way for the Project. San Bernardino shall have the right
during the construction to enter upon the Project site for inspection purposes. Riverside
shall provide San Bernardino representatives with reasonable access for such inspection
purposes.
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4. REIMBURSEMENT OF CONSTRUCTION COSTS
4.1 Estimated Construction Costs and Reimbursement Amount. Riverside has
estimated that the costs for construction of the Project shall be approximately $400,000,
including direct construction, project administration and any "soft" costs. San Bernardino
shall pay for all such costs associated with the Project, in an amount not to exceed the
current estimated amount of $400,000, unless Riverside issues, in writing, any reasonable
change orders, that may increase such costs. Any such change orders affecting San
Bernardino's costs associated with the Project shall not be issued nor approved without
the prior written consent of both Parties, which consent shall not be unreasonably
withheld or delayed.
4.2 Cost Records and Verification. Throughout the period of construction of
the Project, Riverside shall submit to San Bernardino monthly statements of actual cost of
construction, including contracts, invoices, cancelled checks or other evidence of cost
incurred satisfactory to San Bernardino so that San Bernardino may verify Riverside's
actual cost of such improvements
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4.3 Final Statement of Account Reimbursements. Upon completion of all the
Project, Riverside shall calculate all final costs incurred therefore, and shall submit to San
Bernardino a final statement of said 'costs which statement shall clearly set forth the total
amount for each Party's share as previously described herein, total amount of funds paid
and deposited by San Bernardino for said Project, if any, total amount of funds paid by
Riverside and amount due to Riverside by San Bernardino for its share of the Project cost.
Any amounts due shall be paid within thirty (30) days from the date of statement.
5. HOLD HARMLESS
Except as to San Bernardino's negligence or willful misconduct, Riverside shall
defend, indemnify and hold harmless San Bernardino, its officers, employees, and agents
against and from any and all loss, liability, damage, claim, cost, charge, demand, or
expense (including without limitation any direct, indirect or consequential loss, liability,
damage, claim, cost, charge, demand, expense, or attorneys' fees) for injury or death to
any person, and damage to property, including without limitation property of either Party,
arising out of or in connection with the construction of the Project under this Agreement.
The provisions of this Section 5 shall not be construed to relieve any insurer of its
obligations to pay any insurance claims in accordance with the provisions of any valid
insurance policy.
6. INSURANCE
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6.1 General Liability and Auto Insurance. Riverside shall secure, or cause its
contractor to secure and thereafter maintain until completion of the Agreement, such
commercial general and automobile liability insurance as shall protect Riverside from
claims for damages for personal injury, including accidental death, as well as from claims
for property damage which may arise from or which may concern operations under the
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Agreement, whether such operations be by or on behalf of Riverside, any subcontractor or
anyone directly or indirectly employed by, connected with or acting for or on behalf of
any of them.
All liability insurance shall be issued by insurance companies authorized to transact
liability insurance business in the State of California, with a policyholder's Rating of B+
or higher, and a Financial Class of VII or higher.
Such commercial general liability policy shall cover both bodily injury (including
death) and property damage (including but not limited to premises-operations liability,
products-completed operations liability, independent contractors liability, personal injury
liability, and contractual liability), in an amount not less than $1,000,000 per-occurrence
limit/$2,000,000 aggregate, unless otherwise approved by Riverside.
Such automobile liability policy shall cover both bodily injury and property damage
in an amount not less than $1,000,000 per-occurrence limit, unless otherwise approved by
Riverside.
The policies shall not be amended or canceled unless thirty (30) days prior written
notification of intended amendment or cancellation has been given to Riverside and San
Bernardino by certified or registered mail.
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6.2 San Bernardino as Additional Insured. Each policy of insurance required
pursuant to Subsection 6.1 and the original certificate of insurance evidencing such
coverage shall name San Bernardino as an additional insured under such policy. Each
such policy shall be in the usual form of public liability insurance, but shall also include
the following provision:
"Solely with respect to work done by the named insured on
behalf of the City of San Bernardino, it is agreed that the
City of San Bernardino and its officers and employees are
added as additional insureds under this policy."
6.3 Workers Compensation. Riverside shall require that the contractor(s)
constructing the Project, prior to commencing such construction, shall comply with
Section 3700 of the Labor Code of the State requiring every employer to be insured
against liability for workers' compensation or to undertake self-insurance for such
liability. Upon request, Riverside shall furnish to San Bernardino a copy of a certificate
of insurance or self-insurance provided by each such contractor evidencing that such
insurance or self-insurance is in effect.
7. MODIFICA nONS. WAIVER. INTERPRET AnON
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7.1 Amendments. No amendment or modification to this Agreement shaH be
effective unless in a writing duly executed by both Parties. The failure of any Party at any
time or times to require performance of any provision hereof shaH in no manner affect the
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right at a later time to enforce the same. No waiver by any Party of the breach of any term
or covenant contained in this Agreement, whether by conduct or otherwise, shall be
deemed to be construed as a further or continuing waiver of any such breach or a waiver
of the breach of any other term or covenant unless such waiver is in writing.
7.2 Sole Agreement. This Agreement constitutes the final, complete and
exclusive statement of the terms of the agreement between the Parties pertaining to the
subject matter of this Agreement, and supersedes all prior and contemporaneous
understandings or agreements of the Parties. Neither Party has been induced to enter into
this Agreement by, and neither party is relying on, any representation or warranty outside
those expressly set forth in this Agreement.
8. NOTICES
8.1 Notices. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses or at such other addresses as the
respective Parties may provide in writing for this purpose:
City: City of Riverside, Public Utilities DepartmentlWater Division
3900 Main Street
Riverside, California 92522
Attention: Construction Contract Administrator
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City:
City of San Bernardino, Development Services Department
300 North "D" Street
San Bernardino, CA 92418-0001
Director of Development Services
Attention:
Such notice shall be deemed made when personally delivered or mailed or forty-
eight (48) hours after deposit in the US mail, first class postage pre-paid and addressed to
the Party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service. Changes in such
designation may be made by notice similarly given.
9. EARLY TERMINATION OF AGREEMENT
The Parties may terminate this Agreement by mutual written consent.
10. AUTHORIZED REPRESENT A TIVE
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San Bernardino's Authorized Representative is the Director of Development
Services, or his designee. San Bernardino may change its Authorized Representative by
giving Riverside notice pursuant to Section 8. Riverside's Authorized Representative is
the Director of Public Utilities, or his designee. Riverside may change its Authorized
Representative by giving San Bernardino notice pursuant to Section 8.
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11.
SEVERABILITY
If anyone or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision
or provisions shall be deemed severable from the remaining provisions contained in this
Agreement, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision(s) had never been contained herein.
12, CAPTION AND PRONOUNS
The captions and headings of the various sections of this Agreement are for
convenience only, and are not to be construed as confining or limiting in any way the
scope or intent of the provisions hereof. Whenever the context requires or permits, the
singular shall include the plural, the plural shall include the singular, and masculine,
feminine and neuter shall be freely interchangeable.
13. ATTORNEYS' FEES
In any action to interpret or enforce any prOVIsion of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorneys' fees.
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Exhibit "A"
IN WITNESS WHEREOF, the Parties hereto have caused two originals of this
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CITY OF RIVERSIDE
CITY OF SAN BERNARDINO
By:
Bradley J. Hudson, City Manager
By:
Judith Valles, Mayor
Attest:
By:
Colleen J. Nicol, City Clerk
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM AND
LEGAL CONTENT:
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By:
Susan D. Wilson, Deputy City Attorney
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es F. Penman, City Attorney
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