HomeMy WebLinkAbout17-Public Works
-
c.r;rv pF SAN BERNODINO
File No. Lb:>1l
_ REQUEST F~ COUNCIL ACTION
Authorization to Execute Co-
Subject: operative Agreement with County
--Pavement Rehabilitation on
Waterman Avenue, from Redlands
Blvd. to Mill Street, per Plan
. No. 7679
,
From: ROGER G. HARDGRAVE
De~: Public Works
Date: 3-21-91
Synopsis of Previous Council action:
June, 1987 $1,665,000 allocated in the 1987/88 Street Con-
struction Fund Budget under Account No. 242-362-
57658.
06-06-88 Resolution No. 88-175 adopted authorizing execution
of an agreement with willdan Associates for design
services.
10-03-88 Finding made of need for health and safety reasons.
03-13-89 Resolution No. 89-75 adopted authorizing execution
of Program Supplement No. 52.
01-23-91 Transfer of $37,240 approved, plans approved and
authorization granted to advertise for bids.
Recommended motion:
Adopt resolution.
cc: Shauna Edwins
Andy Green
Jim Penman
Contact person:
, Supporting data attached:
Roaer G. Hardarave
Phone:
5025
Staff Report. Resolution
Ward:
1 & 3
FUNDING REQUIREMENTS:
Amount:
BfA
Source: (Acct. No.!
242-362-57658
(Acct. DescriDtionl
Waterman Avenue Rehabilitation
_ Redlands Blvd. to Mill Street
Finance:
Council Notes:
I
I
,
i
1
~ ..,'" n.,ll:.?
Agenda I tem No
/7
CLTY pF SAN BERNQDINO - REQUEST FO COUNCIL ACTION
STAFF REPORT
Approximately 81% of the proposed project is within the
City limits, with the remaining 19% within the unincorporated
limits of the County. The proposed Agreement specifies the
terms and conditions under which said project is to be con-
structed.
The Agreement provides, in general, that the City will
act as lead agency and have the improvements constructed. Also,
that the County will permit the City to improve those unincor-
porated portions of Waterman Avenue, and accept responsibility
for 19% of the portion of the total cost not financed with
Federal-Aid Urban Funds, estimated to be $50,000.00.
Federal-Aid Urban Funds have been allocated to finance
86% of the total project cost.
We recommend that the Agreement be approved.
3-21-91
75-0264
..
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
o
o
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE IMPROVEMENT OF WATERMAN AVENUE, FROM REDLANDS
BOULEVARD TO MILL STREET.
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 improvement of Waterman Avenue, from Redlands Boulevard to
Mill Street, a copy of said agreement is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. This agreement and any amendment or modifica-
tions thereto shall not take effect or become operative until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
3-21-91
.,
,I
RESO:
AUTHORIZATION EXECUTION OF
SAN B~DINO RELATING TO
AVENU~
AGREEMENT WITH
IMPROVONT OF
COUNTY OF
WATERMAN
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and COll1Illon Council of the City of San
3 Bernardino at a
4 day of
5 Council Members:
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
15
16
17
18
19
20
meeting thereof, held on the
, 1991, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
, 1991.
day of
Approved as to form
and legal content:
21
22
23
24
25
26
27
28
James F. Penman
City Attorney
- 2 -
W. R. Holcomb, Mayor
Ci ty of San Bernardino
,
o
o
J
1 AGREEMENT
2 THIS AGREEMENT , made and entered into this 25th da
3 of February , 1991, by and between San Bernardino County,
4 a body corporate and politic of the state of California, herein
5 after referred to as "COUNTY", and the City of San Bernardino,
6 municipal corporation of the State of California, hereinafte
7 referred to as "CITY".
8
9 WITNESSETH
10 WHEREAS, the existing street section along Waterma
11 Avenue, from Redlands Boulevard to Mill Street,
12 rehabilitation, removal of obstruction in the travel way an
13 widening from 4 lanes to 6 lanes and the bridge over the East Twin
14 & Warm Creek requires widening, signals require modification for
15 improved traffic flow and protected movements, drainage
16 improvements are required to meet area needs and comply with
17 Master Drainage Plans and,
18 WHEREAS, the City and County propose to utilize
19 Regional Federal Aid Urban Funds and/or available funds to finance
20 their respective shares of the cost for completing this work along
21 Waterman Avenue, between Redlands Boulevard and Mill Street, and
22 WHEREAS, approximately 81% of the proposed project is
23 within the incorporated limits of CITY, with the remaining 19%
24 located within the unincorporated area of COUNTY, and
25 WHEREAS, County and City do also mutually desire to
26 specify herein the terms and conditions under which said project
27 is to be constructed, financed and maintained; and
28 II II
-1-
J
x
o
o
1 WHEREAS, construction of project is
2 1990-91 fiscal year, at a total preliminary
proposed for the
estimated cost of
3 $1,600,000.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 11/1
26
27
28
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION ONE: CITY SHALL --
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 approval, prepare all required reports,
agreements, obtain all permits necessary to
accomplish said improvements.
1.03 Prepare construction plans, specifications,
estimate of quantities and costs, and contract
documents.
1.04
Arrange
utilities
for relocation
which are in
or removal of all
conflict with said
improvements.
1.05 Submit plans, specifications, estimate, and an
application for no-cost encroachment permit to
COUNTY and to the County Flood Control District
and obtain approval thereof prior to advertis-
ing for bids. Inspection fees will be paid
unless waived by the Board of supervisors.
-2-
-
J 1
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 /III
28
o
1.06
1.07
1.08
1.09
1.10
1.11
--
o
Provide adequate construction inspection of all
items of work performed under constructio
contract referenced hereinabove, and maintai
records of inspections and materials test fo
review by COUNTY.
Maintain a detailed record of any propose
changes to the approved plans and specifica-
tions, and secure COUNTY'S approval prior to
authorizing any major changes thereof.
Submit a set of "As-Built" plans (Reproducible
Record Drawings) to COUNTY and the Flood
Control District upon completion of project.
Advertise, award, administer and fund a
construction contract for the hereinabove
referenced improvements in conformance with FAU
funding requirements.
Accept responsibility for all costs of the
project, including preliminary engineering,
construction engineering, construction con
tracts, applicable overhead charges, and any
other costs directly attributable to project,
except for the share to be borne by COUNTY as
provided hereinafter.
Submit an accounting to COUNTY of all costs
charged to the project, along with a statement
for COUNTY'S share of the cost.
-3-
.
o
o
{
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
~
26
27
28
1.12 Upon completion of the project, assume mainten
ance of the improvements to be constructe
within the incorporated area under jurisdictio
of CITY.
1.13 Require its contractor(s) to provide singl
limit insurance covering bodily injury and
property damage in an amount of not less tha
one million ($1,000,000.00) dollars. sai
insurance shall name COUNTY as an additional
insured party. Prior to execution of con
struction contract, County shall be afforde
opportunity to review contract provisions 0
insurance coverage.
SECTION TWO: COUNTY SHALL--
2.01 Permit CITY to improve those unincorporated
portions of Waterman Avenue, between Redlands
Boulevard and Mill Street, in accordance to the
approved plans and specifications.
2.02 Assist CITY in accomplishing the removal or
relocation of utilities in conflict with the
said improvements.
2.03 Accept responsibility for a 19% share of the
non-federal (matching funds) portion of the
project costs and reimburse CITY, within 30
days after receipt of an itemized statement of
cost. COUNTY'S share is estimated to be
$50,000.00: but in no event shall COUNTY'S
total obligation under this agreement exceed
-4-
greater amount.
Upon completion of the project, assume mainten
ance of the improvements to be constructe
within the unincorporated area under jurisdic
tion of COUNTY.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIE
HERETO
3.01
. (
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 /III
o
2.04
3.02
o
$70,000.00 provided
may, at it
authorize
that COUNTY
sole
discretion,
in writing,
That no party to the agreement nor officer no
employees thereof shall be responsible for an
damage or liability occurring by reason 0
anything done or in connection with any work,
authority or jurisdiction delegated to th
parties under this Agreement. It is also
understood and agreed that pursuant to
Government Code section 895.4 each party shall
fully indemnify and hold all other parties
harmless from any liability for injury (as
defined by Government Code Section 810.8)
occurring by reason of anything done or omitted
to be done under or in connection with any
work, authority or jurisdiction delegated under
this Agreement.
By using FAU funding on the project, such funds
will reduce the local cost shares of the City
and County by the amount of FAU funds used.
-5-
,.
.
o
o
1 THIS AGREEMENT shall inure to the benefit of and be
2 binding upon the successors and assigns of the parties involved.
3
4 this Agreement to be executed by their respective officials there-
5
6
7
IN WITNESS WHEREOF,
the
unto duly authorized.
8
SIGNED AND CERTIFIED THAT A COpy OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
15 ATTEST:
16
17
18
19
20
21
22
23
24
25
26
27
28
By:
City
Clerk
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
/)
-6-
parties
hereto have
caused
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
W. R. HOLCOMB, Mayor
City of San Bernardino