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HomeMy WebLinkAbout26-Development Services ORl61NAl CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution Authorizing execution of a reimbursement agreement with the City of Riverside for street improvements to Commercial Road and Hunts Lane. Dept: Development Services Date: February 9, 2006 File: MCC Date: February 21, 2006 Synopsis of Previous Council Action: None. Recommended Motion: I. Adopt Resolution. 2. Authorize the Director of Finance to transfer $80,000 from Acc . No. 240-3 -5505-0000 to new Acct. No. 240-379-5504-7670. (fiZ-- James Funk Contact person: Mark Lancaster, Deputy Director/City Engineer Phon,,' 110~ Supporting data attached: Staff Report, Map, Resa & Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: $ 80,000 Source: (Acct. Nos.) State Infrastructure Loan Acct. Description: Finance: Council Notes: ~f)tPfo~50 Agenda Item No. J. ~ )./~; JOe, if CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ST AFF REPORT Subject: Resolution authorizing execution of a Reimbursement Agreement with the City of Riverside for street improvements to Commercial Road and Hunts Lane. Background: The City of Riverside approached the City in regard to a permit for a Water Transmission Main Replacement project on Commercial Road and Hunts Lane. 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. The City of Riverside asked if the City of San Bernardino would be interested in sharing the cost to repave Commercial Road and Hunts Lane, beginning at the intersection of the two streets, 230 feet south on Hunts Lane and 1,190 feet east on Commercial Road, where the pipeline was to be installed. It is the City Engineer's opinion that this is a very cost-effective approach to repairing these segments. If this project is approved, the repaved area would increase in width from approximately 10 feet to the entire curb-to-curb street width. Bids on the project were received by the City of Riverside and the cost of paving was bid at just below $160,000, 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 State Infrastructure Loan. There is over $900,000 for contingency projects through the infrastructure loan program, and this project qualifies as a contingency project. It is proposed to utilize 9 % of the contingency account to pay for this project rather than delay an already listed project. Recommendation: 1. Adopt Resolution. 2. Authorize the Director of Finance to transfer $80,000 from Acct. No. 240-379-5505-0000 to new Acct. No. 240-379-5504-7670. 2 , ' HUNTS LANE 48" WATER TRANSMISSION MAIN COMMERCIAL ROAD FROM HUNTS LANE TO THE STEWART INTAKE 8- -'" -.. t. -1 ' ~, .,' .,_ 'J!! - ~ " ~. ~ J . .. . '" -! .~: ~f'"-Y. .0< -:..-,. ~~ ~ . ;;~f; , . ,Jrf:h7i~jtf. ;~nnn\"I:'n ~("r,~-."'.., 1 2 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: RESOLUTION NO. 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 COMMERCIAL ROAD AND HUNTS LANE. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Mayor is hereby authorized and directed to execute a Reimbursement Agreement with the City of Riverside for street improvements on Commercial Road and Hunts Lane. 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 r~scinded if the parties to the contract fail to execute it within one-hundred twenty (120) days of passage of the resolution. II II No J J(P d/~I /D& 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING EXECUTION OF A REIMBURSEMENT 3 AGREEMENT WITH THE CITY OF RIVERSIDE FOR STREET IMPROVEMENTS TO COMMERCIAL ROAD AND HUNTS LANE. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held , 2006, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT City Clerk 19 20 21 22 day of ,2006. The foregoing resolution is hereby approved this Judith Valles, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN, City Attorney 26 27 28 " . / .r" /!..-.fjill.....(.(.../.I.. /. ./- //(/(/,1 _ _ _ '" ;' , / By: //1 REIMBURSEMENT AGREEMENT BETWEEN CITY OF RIVERSIDE AND CITY OF SAN BERNARDINO FOR IMPROVEMENTS TO COMMERCIAL ROAD This Reimbursement Agreement for Improvements to Commercial Road ("Agreement") is made and entered into this day of , 2006, 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 Commercial Road and Hunts Lane, beginning at the intersection of Commercial Road and Hunts Lane continuing south 230 feet on Hunts Lane and at said beginning to 1,173 feet east on Commercial Road, and as further depicted on the map attached hereto as Exhibit A and incorporated herein by this reference B. San Bernardino desires to construct street improvements on Commercial Road, beginning 1,190 feet east from the intersection of Commercial Road and Hunts Lane to 1,170 feet east on Commercial Road and as further depicted on the map attached hereto as Exhibit A. 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 $78,240 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 $78,240, then 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 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 full street width of Commercial Road, beginning 1,190 feet east from the intersection of Commercial Road and Hunts Lane to 1,170 feet east on Commercial Road, consisting of 1,170 feet of improvements, as provided herein and as set forth in Bid Schedule "B" to City of Riverside Specification 739, Bid No. 6325 ("Project"). BA W&G/BWSII04320.2 1028.24 OJ-08-05 -1- 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 born 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, furnish and install full street width of asphalt concrete overlay I-inch thick, rise manholes and valve cans to grade, street striping (paint) per San Bernardino standards, provide traffic control. 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. 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 (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.. 3.4 San Bernardino's Right of Inspection. 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. -2- 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 $78,240, including direct construction, project administration and other "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 $78,240, 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 consent or 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. 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 (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 6.1 General Liabilitv 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 Agreement, whether such operations BA W &G/B WS/\ 04320.2 1028.24 03-08-05 -3- 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 policy holder'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 the 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. 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 the 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 provlSlon: "Solely with respect to work done by the named insured for 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. MODIFICATIONS, WAIVER, INTERPRETATION 7.1 Amendments. No amendment or modification to this Agreement shall be effective unless in a writing duly executed by both Parties. The failure of any Party at any time -4- or times to require performance of any provision hereof shall in no manner affect the 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 Department/Water Division 3900 Main Street Riverside, California 92522 Attention: Construction Contract Administrator City: City of San Bernardino, Development Services Department 300 N "D" Street San Bernardino, CA 92418-000 I Attention: Director of Development Services Such notice shall be deemed made when personally delivered or mailed or forty- eight (48) hours after deposit in the U.S. mail, first class postage prepaid and addresses 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 REPRESENTATIVE 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 BA W&G/BWS/l 04320.2 lO28.24 03-08-05 -5- the General Manager of Public Utilities, or his designee. Riverside may change its Authorized Representative by giving San Bernardino notice pursuant to Section 8. 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 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. ATTORNEY'S FEES In any action to interpret of enforce any prOVlSlon of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. City of Riverside, City of San Bernardino By: Bradley 1. Hudson, City Manager Attest: By: Judith Valles, Mayor By: Colleen 1. Nicol, City Clerk By: Rachel Clark, City Clerk APPROVED AS TO FORM: By: Susan D. Wilson, Deputy City Attorney APPROVED AS TO FORM AND LEGAL ,CONTENT:" 0' / "(' . II U,J "j: tI (kI; tc<J enman, City Attorney O:\Cycom\ WPDocs\D021 IP004100054292 -6- ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM M~';"g n.re (D.re Ad"P)f'" ~ lrem' Vote: Ayes V2 Nays Change to motion to amend original documents 0 'YV'~ & NullNoidAfter: i d-o days/ ~lq, 0 Resolution # On Attachments: ~ Note on Resolution of attachment stored separately: 0 PUBLISH D POST D RECORD W/COUNTY D By: /)~ Abstain Resolution # di)~b - S-tJ Absent --J1. '1 Companion Resolutions Date Sent to Mayor: ~" ;),?/ Of.- Date of Mayor's Signature: r/~/O b Date ofClerklCDC Signature:??g'7r{)h Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: ~.:11' 00 Reso. Log Updated: n Seal Impressed: ~/ Reso. # on Staff Report d 2'd Reminder Letter Sent: Date Returned: Lf -I (-ct? Not Returned: D 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): Copies Distributed to: Animal Control D EDA D City Administrator ~/ Facilities g/ City Attorney Finance Code Compliance D Fire Department D Development Services rB'C~) Human Resources D Others: ~.... Yes_ No 7. By_ Yes_ ~_ By_ Yes No LBy_ Yes NO:J;../ Yes No e y _ Information Services D Parks & Recreation D Police Department D Public Services D Water Department D Notes: Ready to File: _ Date: Revised 12/18/03 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 28, 2006 YOUR COPY TO: Mark Lancaster, Deputy Director/City Engineer FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2006-50 At the Mayor and Common Council meeting of February 21, 2006, the City of San Bernardino adopted Resolution No. 2006-50 - Resolution authorizing execution of a reimbursement agreement with the City of Riverside for street improvements to Commercial Road and Hunts Lane. Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within one-hundred twenty (120) days, or by Monday, June 19, 2006. If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you. Eileen Gomez Senior Secretary I hereby a~"iJedge ec ipt ofthe above mentioned documents. Signed: jfldlL Date: 1-.,;JI-tl~ CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 28, 2006 TO: Mark Lancaster, Deputy Director/City Engineer FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2006-50 At the Mayor and Common Council meeting of February 21,2006, the City of San Bernardino adopted Resolution No. 2006-50 - Resolution authorizing execution of a reimbursement agreement with the City of Riverside for street improvements to Commercial Road and Hunts Lane. Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within one-hundred twenty (120) days, or by Monday, June 19, 2006. If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you. Eileen Gomez Senior Secretary I hereby aCkno~e above mentioned documents. Signed: ;() CT/~~Y Date: Please sign and return G~f%>I blll'i!- RECEIVED"CI1'( CLEF! 2006 APR I 7 FlP.f.V~~PMENT SERVICES DEPARTMENT ~ 300 North "D" Street. San Bernardino' CA 92418-0001 Planning & Building 909.384.5057' Fax: 909.384.5080 Public Works/Engineering 909.384.5111 . Fax: 909.384.5155 www.sbcity.org March 21, 2006 City of Riverside Water Department Ernest Marquez, Sr. Water Engineer 3900 Main Street Riverside, CA 92522 RE: Transmitting Documents for Signature - Resolution 2006-50 Dear Mr. Marquez: At the Mayor and Common Council meeting of Febmary 21, 2006, the City of San Bernardino adopted Resolution No 2006-50 - Resolution authorizing execution of a reimbursement agreement with the City of Riverside for street improvements to Commercial Road and Hunts Lane. Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain silo,'Ilatures in the appropriate locations and return the ORIGINAL agreement to me as soon as possible. Please keep one fi\lly executed copy for your records and return one copy to me. Please be advised that the resolution and contract will be null and void if not executed withiu oue-hundred twenty (120) days, or by Monday, June 19, 2006. If you have any questions, please contact ~e at (909) 384-5057 Ex!. 3305. 72:& . UU~r MARK LANCASTER, RCE Deputy Director/City Engineer ML:op Attaclunents \\('"~l(:tnr\ns\ PlJhli(' Worl,,;:\Mark T ,ancaster's Folder\Letters\MISC\Ltr-Ernest MarQuex-City of Riverside Water