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HomeMy WebLinkAbout34-Public Works File No. l..j.jU CIT~F SAN BERNARDIt() - REQUE~ FOR COUNCIL ACT~N From: ROGER G. HARDGRAVE Subject: Authorization to Execute Coopera- tive Agreement with the County - Improvement of 40th Street, between Third Avenue & Acre Lane Dept: Public Works/Engineering Date: 12-28-90 Synopsis of Previous Council action: 04-02-90 -- Transfer of $30,500, from Account No. 242-362-57658, "WaterMan Avenue - Redlands Boulevard to Mill Street," to Account No. 242-362-57330, "Widening of 40th Street - Third Avenue to Acre Lane, " approved, and authorization granted to negotiate an Agreement with t;'1e County. Recommended motion: Adopt resolution. cc: Shauna Edwins Andy Green Jim Penman o ~~~ . S' t Contact person: Roger G. Hardgrave Staff Report, Agreement & Resolution Phone: 5025 Supporting date attached: Ward: 4 & 5 FUNDING REQUIREMENTS: Amount: $30.500 Source: (Acct. No.! 242-362-57330 Avenue to Acre Lane IAcct. DescriPtion) Widening 40th Street - Third : " \.A Finance: ~ /.~ \) / Council Notes: 75~0262 Agenda Item No.-3.../f CiTOOF SAN BERNARDIIO - REQUEO' FOR COUNCIL ACON STAFF REPORT At the Council meeting of 4-2-90, the transfer of $30,500 to allow engineering work to be started, was approved. Also, authorization was granted for the Director of Public Works/City Engineer to negotiate a cooperative agreement with the County. The proposed agreement provides, in general, that the Ci ty will act as the lead agency in the preparation of the construction plans, and finance the City's share (61%) of the cost incurred for preliminary engineering, for the section of 40th Street from Third Avenue to Acre Lane. The costs for pre- liminary engineering will be in proportion to the area under each agency's jurisdiction. Acquisition of the necessary additional rights-of-way will be started as soon as the limits are identified. A joint Underground Utility District has been proposed for this section of 40th Street. The Und~rground Utility District Committee is in the process of defining the scope and limits of this district. Southern Californi~ Edison has indicated that Rule 20-A funds could be advanced '';0 cover the City's share of the cost for undergrounding utilities. 40th Acre This Street, Lane and project represents the first phase of improving wi th the second phase being the section between Electric Avenue. Below is a preliminary estimate of the total cost for this project: Under- Construc- grounding tion Right-of-Way Utilities Total City $ sor,400 $ 132,400 $ 96,000 $ 729,800 County 320,600 597,000 348,000 1,265,600 Totals $ 822,000 $ 729,400 $ 444,000 $1,995,400 The County area on the north side of 40th Street repre- sents 39% of the total project. Their share of the total project cost is disproportionately larger than the City's since most of the additional right-of-way to be acquired and utilities to be underground are on the north side. Being "shelf ready" enhances a project's receiving funds. Therefore, we recommend that Agreement be approved. prospects of the proposed Another agreement will be needed with the County to cover acquisition of necessary rights-of-way and construction of the improvements. This agreement will be negotiated after the plans and right-of-way plats have been completed. 12-28-90 , i 75.0264 .. 0 . r o o o 1 2 3 4 5 6 7 8 9 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE DEVELOPMENT OF FINAL CONSTRUCTION PLANS FOR THE IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an Agreement with the County of San Bernardino, relating to the development of final construction plans for the improvement 10 of Fortieth Street, from Third Avenue to Acre Lane, a copy of 11 said agreement is attached hereto, marked Exhibit "A" and 12 incorporated herein by reference as fully as though set forth at 13 length. 14 SECTION 2. This agreement and any amendment or modifica- 15 tions thereto shall not take effect or become operative until 16 fully signed and executed by both parties. The City shall not be 17 obligated hereunder unless and until the agreement is fully 18 executed and no oral agreement relating thereto shall be implied 19 or authorized. 20 SECTION 3. This resolution is rescinded if the parties 21 22 23 24 to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / 25 26 27 28 12-28-90 RGH:rs " 0 . RESO: - AUTHORIZING EXECUTION OF AGREEMENT WITH COUNTY OF SAN BERNARDI~RELATING TO ~ELOPMENT OF FINAL CONSTRUCTION ~ANS FOR IMl\JITEMENT OF FORTIETH STREO. 1 2 3 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 4 _day of 1991, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN 6 7 8 ESTRADA REILLY FLORES 9 MAUDSLEY 10 11 12 13 14 15 16 17 MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this , 1991. day of 18 W. R. Holcomb, Mayor City of San Bernardino 19 Approved as to form 20 and legal content: 21 22 23 24 James F. Penman City Attorney /) t/ - -' ," '" -' '-.-" \.. ~ " l.~ '~...o:'X 1........ -1-""-"" i 25 26 27 28 - 2 - !!lIJi "'0 . R COUNTY USE ONLY o...tQ'met01 Contnc1 Number TRANSPORTATION ... COUNTY OF IAN BERNARDINO ~ STANDARD CONTRACT County DlII1 lment Contr8Ct A.,....Whle Contr~. Ueen. Nu......: LOUIS C. GAMACHE ~ Unit No. "D4IItect No. 580 2189 .....,.. N_, 40TH STREET THIRD AVENUE/ACRE LANE Amount of COnw.t 14H08859 519.500 I contNCt more OM INYmentor t. __fol_.., '8YtnIIftU lall'ftftl: ......,......... Amount Eeoh: THIS CONTRACT II entered into in the State of Califomil by Ind between the County of SIn Bemlrdino, herelfter celled the County, end - C I TV OF SAN BERNARD I NO hereefter celled C I TV -- 300 NORTH D STREET SAN BERNARDINO. CA 92418 ATTN: ROGER HARDGRAVE _ I."" 0.. D I RECTOR PUBL I C WORKS '....,.1 I D No. or Soc'" SecuritY No. IT IS HEREBY AGREED AS FOLLOWS: (lb6 .-. I>>low _ Mklit/onM bond ""'0. Set forth .nnr:. lD I>> ,.ndtHed, _aunt lD I>> ".id. ",.",., of PIY-t, t/",. for ".tfotmMIt:e Of' comp""on, ..nniMtian of _"ctory ".~ _ _ for .nniMtion, oNr .nn, - conditlonl. _ -" pi_,lfJfJCific,t/on,. end eddtlndl. if ",,,.J WHEREAS, 40th SLLeet I:lebieen '!bird Aveme am Acre I.ane is in need of iJJprovements, inclu:iin;J wi.denin;J, to serve current am projected traffic rieeds; am WHEREAS, the Camty am the City desiJ:e to OCXlp"rate am jointly participate in the devel~;t of final ClCrlSI:ructi.c plans, specifications am estimates for said i.1IprcYements, herei.naft:er mferred to as the project; am WHEREAS, the project lies partly within the \1Ilin....apcnated area of the Camty am partly within the inccn.l"-'LAted area of the City, am will be of nutual. benefit to the Camty am City; am WHEREAS, the Camty am the City desiJ:e to set forth the Iesponsibilities am ooligations of each regardin;J such participation in said project. ~CI<l I CIT'l ~ '10: 1. Act as the "lead 1qercy" in the preparation of design plans, specifications am estimate of CXlSts am ......,LL..ct docl""'"'lts plus right-of-way plats am envi.rcnmental rev~. 2. To maintain close ocntact with ~~iate Camty staff to insure a coordinated effort. 3. SUl:mit the project plans to the Camty for review am COI"lCI.1Iret1C. EXHIBIT -A- ~ " '0' o o o 4. To accept lo.spa1Slllility for its shaN of the net project CXlSt after deductinq all ClCI1t:rib1t:ic Wen may).,e.. -.- aYJIlibh1e fraa other ~ __ an the ....~tian of City area lyin; within 40th St...-t ~ 'lhirdAwrue aniAcl:e Ianelobich is estimated to be sixty-a'le (6U) percent. City's IIhaJ:e of project CXlSt is estimated to be $30,500. 5. SUbDit itemized billirq to CDmty an a lIOlthly basis for its shaN of the project CXlSt as provided herein. SEC'l'I~ n CDlNlY ~ 'It): 1. Assist the City with utility ccordinati~ that JJB'f be required within the CDmty area. 2. Accept respanslllility for its shaN of the net project CXlSt after deducting all contributions Wen JJB'f be> ..... aYJIli bhl e fran other SQJ%OElS ba- an the portian of CDmty area lyin; within 40th St......dt between 'lhird Avenue and Acre Iane which is estimated to be thirty- nine (39%) percent. CDmty's CXlSt shaN is estimated to be $19,500 and shall net be ~ withcut CDmty ~. 3. Pay the City for CDmty's shaN of the project costs within 30 days of the billirq described in Sectian I, Item 5 of this _~. IT IS W?TTD-T:rY ~ AS FUT:r~: 1. Neither CDmty nor arrj officer or eaplcyee thereof shall be respalSlllle for arrj n""""'JP or liability occ:mri1'q by masan of arrjthirq dale or anitted to be dale by City under or in ~1I""'tion with arrj writ, authority or jurisdictian delegated to City under this ~........ent. It is also agreed that, pm;uant to c;co...............lt 0XJe Sectian 895.4 City shall fully indemnify and h<;lld CDmty hamless fraa arrj liability iV'"""'" for injury (as defined by GcY....,......lt 0XJe Sectian 801.8) occ:mri1'q by reasan of arrjthirq done or anitted to be dale by City under or in ~1I..ctian with arrjwrlt, authority or jurisdictian delegated to City under this ~.........lt. 2. Neither City nor arrj officer or EIIPlcyee thereof shall be :r:esponslllle for arrj damage or liability occurrin;r by reuan of arrjthirq dale or anitted to be dale by CDmty under or in ~l1.ectian with arrj writ, authority or jurisdictian delegated to CDmty under this ~..........t. It is also _.-1 that, pm;uant to GaYemIDaI1t 0XJe Sectian 895.4, CDmty shall fully in:3emnify and hold City hamless fran arrj liability iV'"""'" for injuxy (as defined by GaYemIDaI1t 0XJe Secticn 810.8) occ:mri1'q by reason of anythi.nJ dale or anitted to be dale by CDmty under or in connection with any work, authority, or jurisdiction delegated to CDmty under this h:!L...e.ueollt. Page .3 of 1 ";0" o o o 3. 'lbi& _.........t may be cancelled upan 30 days written notice of either party, hcweYer, CXlSts .inaJrred up to the effective date of cancellatiat shall be IIbared ~- at the ratio provided heretofore. 4. 'lbi& __It shall teminate upa1 cx:.mpletiat of the project and payment of final bill~ by the a:unty for its share of the Project. 'lHIS JIGREDmll' shall iraJre to the benefit of and be bin:iin; upan the S'1O""""BorB and assigns of beth parties. IN Wl'INESS WHEREOF the parties hereto have caused this _........It to be executed by their respective offic;"'" theremto duly aut:horized.. II II II II II II II II II II II " II II " " " " " II " " II " " " " " " " " " " " " " " II " " " " " II II " " " " " " II " " " " " II II " " " II II " " " " " " II " II II II " " II " II " II " " " II ." " APPROVED AS TO FO~~A II II " II " " AND LEGAL CONENT. II II " James F. Penman II II " '. ' City torney c , 7~' ...... 'J~....-? '. ~hW"'__ COUNTY OF SAN BERNARDINO . (St.~ if cotpor.tion, comp."y, _tc.J Chairman, Board of Supervisors Dated By. (Authorized Si",.turw) Dated ATTESTED: Title Mayor . 300 North 110" Strf'f't Clerk of the Board of Supervisors Address San Bernardino, CA Aoo'o_ "~ifl to Affl,mOk Reviewed for Proceulng · ~//4 . . CountY CounHI A,.ncv Admlni.,n10r/CAO Do,. 1/ - c; -o/J 0.,. I ~-7- 1(':) 0.,.