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CITY OF SAN BEARDINO
File No. 1.667
_ REQUESTOoR COUNCIL ACTION
From:
ROGER G. HARDGRAVE
Subject:
Authorization to Execute Co-
operative Agreement with County -
Pavement Rehabilitation on
Waterman Avenue, from Mill
Street to Fifth Street, per
Plan No. 8038
Dept:
Public Works
Date:
3-22-91
Synopsis of Previous Council action:
June, 1988 Allocation of $100,000, in the 1988/89 Street
Construction Fund Budget, approved.
Resolution No. 89-197 adopted authorizing execution
of an Agreement with ASL Consulting Engineers for
design services.
Supplemental allocation
Supplemental allocation
Plans approved and
advertise for bids.
06-19-89
June, 1989
June, 1990
02-18-91
of $60,000 approved.
of $1,498,000 approved.
authorization granted
to
Recommended motion:
Adopt resolution.
cc: Shauna Edwins
Andy Green
Jim Penman
Supporting data attached:
Roqer G. Hardqrave
Staff Report, Resolution
& Aqreement
Phone:
'\02'\
Contact person:
Ward:
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FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No,)
242-362-57667
IAcct.DescriotionlWaterman Avenue Rehabilitation --
Mill Street to Fifth Street
Finance:
Council Notes:
Aaenda Item No
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CIT~ OF SAN BE.QARDINO - REQUES,oOR COUNCIL ACTION
STAFF REPORT
Approximately 93% of the proposed project is within the
City limits, with the remaining 7% within the unincorporated
1imi ts of the County. The proposed Agreement specifies the
terms and conditions under which the 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 7% of the portion of the total cost not financed with
Federal-Aid Urban Funds, estimated to be $15,000.
Federal-Aid Urban Funds have been allocated to finance
86% of the total project cost.
We recommend that the Agreement be approved.
3-22-91
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
3 RELATING TO THE IMPROVEMENT OF WATERMAN AVENUE, FROM MILL STREET
TO FIFTH STREET.
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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
directed to execute, on behalf of said
and
City, an Agreement with the County of San Bernardino, relating to
the improvement of
from Mill Street to Fifth
Waterman Avenue,
10 Street, a copy of said agreement is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length.
13 SECTION 2. This agreement and any amendment or modifica-
14 tions thereto shall not take effect or become operative until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized.
19 SECTION 3. This resolution is rescinded if the parties
20 to the agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
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3-22-91
m
RESO:
AU~RIZING EXECUTION OF AGREEMENT WITH COUNTY
B DINO RELATING TO IMPROl"""tffiNT OF WATERMAN
FR MILL STREET TO FIFTH ST~.
OF tiAN
AVENUE,
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Conunon Council of the City of San
3 Bernardino at a
meeting thereof, held on the
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day of
, 1991, by the following vote, to-wit:
5 Council Members:
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE- LUDLAM
12 MILLER
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NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
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, 1991.
day of
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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1 AGREEMENT
2 THIS AGREEMENT , made and entered into this 25th day
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, a
6 municipal corporation of the State of California, hereinafter
7 referred to as "CITY".
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9 WITNESSETH
10 WHEREAS, the existing street section along Waterman
11 venue, from Mill Street to 5th Street requires rehabilitation,
12 emoval of obstruction in the travel way and widening from 4 lanes
13 0 6 lanes and the bridge over the East Twin & Warm Creek requires
14 idening, signals require modification for improved traffic flow
15 nd protected movements, drainage improvements are required to
16 eet area needs and comply with Master Drainage Plans and,
17 WHEREAS, the city and County propose to utilize
18 egional Federal Aid Urban Funds and/or available funds to finance
19 heir respective shares of the cost for completing this work along
20 aterman Avenue between Mill Street and 5th Street, and
21 WHEREAS, approximately 93% of the proposed project is
22 ithin the incorporated limits of CITY, with the remaining 7%
23 ocated within the unincorporated area of COUNTY, and
24 WHEREAS, County and city do also mutually desire to
25 pecify herein the terms and conditions under which said project
26 s to be constructed, financed and maintained; and
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1 WHEREAS, construction of project is proposed
2 1990-91 fiscal year, at a total preliminary estimated
3 $1,080,500.
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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.
Act as Lead Agency in securing Environmental
Review approval, prepare all required reports,
agreements, obtain all permits necessary to
accomplish said improvements.
Prepare construction plans, specifications,
estimate of quantities and costs, and contract
documents.
Arrange for relocation
utilities which are in
improvements.
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.
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1.02
1. 03
1.04
1.05
for the
cost of
or removal of
conflict with
all
said
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1.06
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Provide adequate construction inspection of all
items of work performed under construction
contract referenced hereinabove, and maintain
records of inspections and materials test for
review by COUNTY.
Maintain a detailed record of any proposed
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.
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1.12 Upon completion of the project, assume mainten-
ance of the improvements to be constructed
within the incorporated area under jurisdiction
of CITY.
1.13 Require its 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. Prior to execution of con-
struction contract, County shall be afforded
opportunity to review contract provisions on
insurance coverage.
SECTION TWO: COUNTY SHALL--
2.01 Permit CITY to improve those unincorporated
portions of Waterman Avenue, between Mill
Street and 5th 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 7% 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
$15,000.00; but in no event shall COUNTY'S
total obligation under this agreement exceed
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$20,000.00 provided
sole discretion, in
greater amount.
Upon completion of the project, assume mainten-
ance of the improvements to be constructed
within the unincorporated area under jurisdic-
tion of COUNTY.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
HERETO
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that COUNTY may, at its
writing, authorize a
That no party to the agreement nor officer nor
employees thereof shall be responsible for any
damage or liability occurring by reason of
anything done or in connection with any work,
authority or jurisdiction delegated to the
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.
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THIS
AGREEMENT
shall inure
to the benefit of and be
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2 binding upon the successors and assigns of the parties involved.
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IN
WITNESS WHEREOF,
the parties hereto
caused
have
this Agreement to be executed by their respective officials there-
unto duly authorized.
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
COUNTY OF SAN BERNARDINO
By' ?fr";-~~
CITY OF SAN BERNARDINO
TTEST:
By:
W. R. HOLCOMB, Mayor
City of San Bernardino
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18 By:
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city
Clerk
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22 AMES F. PENMAN,
ity Attorney
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pproved as to form and
egal content:
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