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HomeMy WebLinkAbout10-Development Services ORIGflJAL CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: William Woolard, Interim Director Date: October 3, 2000 Subject: Resolution approving an Agreement with the City of Highland for rehabilitation of 6th Street between Tippecanoe A venue and Victoria A venue, and authorization for the Director of Finance to amend the FY 2000/01 budget and transfer funds. Dept: Development Services File No. 1.7199 MCC Date: 11/06/00 Synopsis of Previous Council Action: July 2000 - Allocated $100,000 in Account No. 129-367-5504-7199 (6th Street-Tippecanoe Avenue to Victoria Avenue-pavement rehabilitation), allocated $250,000 in Account No. 129- 367-5504-7202 (Disabled Access Ramps-various locations) as part of the 2000/01 Capital Improvement Program (CIP). Recommended Motion: 1. Adopt Resolution; and 2. Authorize the Director of Finance to amend the FY 2000/01 budget and transfer $15,000 from Account No. 129-367-5504-7202 (Disabled Access Ramps-various locations) to Account No. 129-367-5504-7199 (6th Street-Tippecanoe Avenue to Victoria Avenue- pavement rehabilitation). !l1jluuJJ,~A.~ William Woolard Contact person: Michael W. Grubbs, Senior Civil Engineer Phone: 5179 Supporting data attached: Staff Report, Reso, Agreement & Map Ward(s): 1&2 FUNDING REQUIREMENTS: Amount: $115,000 Source: (Acct. No.) 129-367-5504-7199 Acct. Description: 6'" Street-Tippecanoe to Victoria pavement rehab. Finance: (&/o/A vI~~ :; Council Notes: ll/i6/1JD Agenda Item No. 10 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution approving an Agreement with the City of Highland for rehabilitation of 6th Street between Tippecanoe Avenue and Victoria Avenue, and authorization for the Director of Finance to amend the FY 2000/01 budget and transfer funds. Background: The City of Highland is planning to rehabilitate 6th Street from Tippecanoe Avenue to Victoria A venue and is requesting that the City of San Bernardino participate and pay a proportionate share of the cost. San Bernardino has approximately 28.47% of the project within its boundaries and Highland has the remaining 71.53%. See Exhibit A for project location. The project consists mostly of overlaying the existing pavement between Tippecanoe and Victoria Avenues with new rubberized asphalt pavement. In addition, handicap ramps will be constructed where needed to comply with handicap accessibility standards. This cooperative project will be mutually beneficial to both the city of Highland and the city of San Bernardino. The total cost of San Bernardino's portion of the project will be reduced to "economy of scale" of the cooperative project compared to the cost of each city awarding a separate contract. If this agreement is approved and the project goes to construction, signs will be posted on 6th Street at each entry point to the project indicating that this is a cooperative project between the Cities of Highland and San Bernardino. The City of Highland will prepare the plans, advertise for bids and administer the project. San Bernardino will approve the portion of the plans for work in our city limits and will have to concur in the award of the contract. Additionally, San Bernardino public works staffwill inspect and approve all work within the city limits. Based on the preliminary estimate, the share of cost for San Bernardino is $99,963. The agreement provides for a maximum participation of $115,000 by San Bernardino, which is $15,000 greater than the allocated budget. Since handicap accessibility is part of this project, it is being proposed that $15,000 be transferred from Account No. 129-367-5504-7202 (Disabled Access Ramps-various locations) to Account No. 129-367-5504-7199 (6th Street-Tippecanoe Avenue to Victoria Avenue-pavement rehabilitation) to fully fund the project. Financial Im\)act: Measure "I" funds (1I2-cent sales tax) in the amount of $100,000 was allocated as part of the FY 2000/01 CIP in Account No. 129-367-5504-7199 (6th Street-Tippecanoe Avenue to Victoria Avenue-pavement rehabilitation) to fund this project. It is being proposed that $15,000 be transferred from Account No. 129-367-5504-7202 (Disabled Access Ramps-various locations) to provide a total amount of $11 5,000, which will be sufficient to fund this project. Recommendation: Recommendation: That the Mayor and Common Council adopt the resolution approving an Agreement with the City of HigWand for rehabilitation of 6'" Street between Tippecanoe A venue and Victoria A venue, and authorize the Director of Finance to amend the FY 2000/01 budget and transfer $15,000 from Account No. 129-367-5504-7202 (Disabled Access Ramps-various locations) to Account No. 129-367-5504-7199 (6'" Street-Tippecanoe Avenue to Victoria Avenue- pavement rehabilitation). EXHIBIT '~" Location Map For 6th STREET From Tippecanoe A venue To Victoria Avenue a VICINITY MAP N.T.S. c c C.. . '. .: 1 2 PIR',@)'Wl ~~L; U RESOLUTION NO. ,. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF mGHLAND FOR REHABILITATION OF 4 PAVEMENT ON 6'" FROM TIPPECANOE A VENUE TO VICTORIA AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 9 10 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a cooperative agreement with the City of Highland for the rehabilitation of pavement on 6111 Street from Tippecanoe Avenue to Victoria. A copy of 11 said cooperative agreement is attached as Exhibit "A" and made a part hereof. 12 SECTION 2. The authorization to execute the above referenced agreement is 13 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 14 of this resolution. 15 16 / / / 17 / / / 18 19 .20 21 22 23 24 25 26 27 28 October 3, 2000 c r \.- c 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF PAVEMENT ON 6'" FROM TIPPECANOE AVENUE TO VICTORIA 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 ",20 , by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA LIEN MC GINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this 20 day of JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney B# 1.f<'h--. o ob 3,2000 2 c c c COOPERATIVE AGREEMENT FOR REHABILITATION OF PAVEMENT ON 6tb STREET Between THE CITY OF HIGHLAND AND THE CITY OF SAN BERNARDINO AGREEMENT This Agreement is made and entered into this _ day of , by and between the CITY OF HIGHLAND, herein referred to as "HIGHLAND" and the CITY OF SAN BERNARDINO, herein referred to as "SAN BERNARDINO". RECITALS I) HIGHLAND and SAN BERNARDINO desire to participate In a construction project for rehabilitation of pavement on 6th Street from Tippecanoe Avenue to Victoria Avenue, hereinafter referred to as "PROJECT". 2) HIGHLAND and SAN BERNARDINO desire to specify the terms of participation in the costs to engineer and construct the planned improvements. SECTION 1 HIGHLAND agrees: I) To provide all necessary design, including plans, specifications, utility identification and location, and all necessary construction engineering services for PROJECT; To prepare contract documents and provide said contract documents to SAN BERNARDINO for review and approval. Such contract documents shall include appropriate provisions requiring contractor to provide insurance and indemnification provisions satisfactory to HIGHLAND and SAN BERNARDINO: 2) To submit to the City Engineer of SAN BERNARDINO, for plan check and approval, all plans, specifications and construction estimates for the portions of PROJECT within the City Limits of SAN BERNARDINO; 3) To advertise and solicit bids for PROJECT in accordance with state and local laws: 4) To provide to the City Engineer of SAN BERNARDINO a set of bid plans and specifications and to invite said City Engineer to any mandatory pre-bid "Job Wa!k" with contractors, the bid opening, and the pre-construction conference; c c c Cooperative Agreement for the Rehabilitation of Pavement on 6" Street Page 2 of6 5) To provide copies of all bids to SAN BERNARDINO and, if bids indicate that a cost overrun of no more than fifteen percent (15%) of the estimate will occur, to award the contract to the lowest responsible bidder, after consultation with the City Engineer of SAN BERNARDINO. HIGHLAND shall retain the power to reject all bids in accordance with this agreement. 6) If, upon opening of the bids, it is found that a cost overrun exceeding fifteen percent (15%) of the estimate will occur, HIGHLAND and SAN BERNARDINO shall endeavor to agree upon an alternative course of action. If, after 30 days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent; 7) To provide SAN BERNARDINO proof of Liability Insurance for HIGHLAND's Contractor covering injury or damage to persons or property arising out of work for which legal liability may be found to rest upon HIGHLAND's Contractor in a minimum amount of $1,000,000.00 and naming SAN BERNARDINO as additional insured on the policy; 8) To obtain a "no fee" Public Works Construction Permit from the City Engineer of SAN BERNARDINO prior to start of any construction within the City Limits of SAN BERNARDINO; 9) Prior to, or concurrent with, the start of construction, to install information signs at entry points mutually agreeable to both HIGHLAND and SAN BERNARDINO identifying the project as "A cooperative project between the City of Highland and the City of San Bernardino", or similar wording agreeable to both agencies; 10) To permit inspection of the portion of the work within the City Limits of SAN BERNARDINO by the City Engineer of SAN BERNARDINO, or his duly appointed representative, during all phases of the work; II) To obtain approval of the City Engineer of SAN BERNARDINO prior to approval of any Change Order that will increase the cost of PROJECT to SAN BERNARDINO; 12) To pay a percentage of the design, construction engineering and construction costs, as shown on Exhibit "A", PROJECT COST ESTIMATE, to be amended following final cost accounting, based on the proportional share of the cost PROJECT in each jurisdiction; 13) Concurrent with award of construction contract for PROJECT, to bill SAN BERNARDINO for 85% of SAN BERNARDINO's proportional share of the cost of PROJECT based on the estimated total design, ,construction and construction engineering costs as shown in Exhibit "A", PROJECT COST ESTlMA TE. c c c Cooperative Agreement for the Rehabilitation of Pavemenr on 6" Street Page 3 of6 14) To furnish promptly to SAN BERNARDINO upon completion of PROJECT and all work incidental thereto, a report containing a detailed statement of the total engineering and construction costs to be borne by SAN BERNARDINO, including resolution of any construction related claims which may have been filed by HIGHLAND's contractor; IS) Concurrent with filing of a "Notice of Completion" for project, to submit a final bill to SAN BERNARDINO for the balance of SAN BERNARDINO's share of the cost of PROJECT based on the detailed statement of total engineering and construction costs. 16) To furnish promptly upon completion of PROJECT, "As Built" plans for PROJECT; 17) To retain or cause to be retained for audit for SAN BERNARDINO or other government auditors for a period of three (3) years from the date of final payment all records and accounts relating to construction of the PROJECT; 18) To indemnify, defend, and hold harmless SAN BERNARDINO and their agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with HIGHLAND's operations, or its performance under this Agreement. SECTION II SAN BERNARDINO agrees: 1) To pay HIGHLAND that percentage of the design, construction engineering and construction costs, as SAN BERNARDINO's proportional share, as shown on Exhibit "A", PROJECT COST ESTIMATE, to be amended following final cost accounting, based on the proportional share of the cost of PROJECT in each jurisdiction, to a maximum amount not to exceed $115,000; 2) To promptly render payment for all billings submitted by HIGHLAND in accordance with this agreement; 3) Prior to award of the construction contract for PROJECT, and in sufficient time to allow HIGHLAND to reject all construction bids therefore, SAN BERNARDINO may terminate this Agreement in writing, provided that SAN BERNARDINO reimburses HIGHLAND for proportionate costs incurred by HIGHLAND under this agreement prior to termination; 4) If termination of this Agreement is by mutual agreement, SAN BERNARDINO will bear its proportionate share of all costs incurred prior c c c Cooperative Agreement for the Rehabilitation of Pavement on 6" Street Page 4 of6 to tetmination based on the Engineers Estimate of the cost of the portion of PROJECT in the City Limits of SAN BERNARDINO; 5) To indemnify, defend, and hold harmless HIGHLAND and their agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with SAN BERNARDINO's operations, or its perfotmance under this Agreement. SECTION 111 It is mutually agreed: 1/1//// ///11I/ 1/1//// ///1/1/ I) This Agreement will be construed and enforced under the Laws of the State of California; 2) This Agreement may be executed in counter parts, each of which will be deemed to be an original for all purposes but all of which will constitute one in the same agreement. Cooperative Agreement for the Rehabilitation of Pavement on 6" Street Page 5 of6 c IN WITNESS WHEREOF, said parties have caused this instrument to be officially executed and attested by their duly constituted officers. CITY OF HIGHLAND APPROVED: John Timmer, Mayor ATTEST: Debbie Lee, City Clerk APPROVED AS TO FORM: Marguerite P. Battersby, City Attorney CITY OF SAN BERNARDINO c APPROVED: Judith Valles, Mayor ATTEST: Rachel Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: 7-. es F. Penman, City Attorney c c c c Cooperative Apeement for the Rehabilitation ofPavemenl on 6*' Streel Page 60f6 EXHIBIT "A" PROJECT COST ESTIMA TE REHABILIT A nON OF PAVEMENT 6th STREET FROM TIPPECANOE A VENUE TO VICTORIA AVENUE .sAr::!. HIGHLAND DESCRIPTION TOTAL AMOUNT BERNARDINO SHARE" SHARE Proportional Share of Cost in 100% 28.47% 71.53% City Limits Design Cost $12,676 $3,602 $9,094 Construction $310,108 $90,057 $220,051 Contract Construction Engineering & $22,218 $6,304 $15,914 Inspection Total Project Cost $345,022 $99,963 $245,059 *Maximum participation by SAN BERNARDINO shall not exceed $115,000. -~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): J / -(, -0 () Vote: Ayes /-7 . Nays Item # 10 .0- Resolution# &-.000 ~~/" b- Absent ~ Abstain Change to motion to amend original documents: - NulVVoid After: &'0 ~A ,h'l ) /-tJ-O! ~ Date Sent to Mayor: /I-f ~O 1) Date Returned from Mayor: /!-f ~O f) Date of Mayor's Sign~re: / /-f ~O (J Date of Clerk's Signature: II-f .;-O() Reso. Log Updated: V Seal Impressed: V ~_ /)41_"0 __~_AI- fi nh.~-/...J nv //-/:J-CJ(9, D~te M,4;"o Se;--lOe;;;;T';;;;'f.;;."Signature: See Attached: _ Date Returned: i-IO -C> f Reso. # On Attachments: V Contract tenn: - Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: Note on Resolution of Attachment stored separately: - Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: See Attached: Request for Council Action & Staff Report Attached: Yes ./' Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ No V By_ No V By_ No V- By No V By= Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services Police Public Services Water EDA Finance MIS Others: N~ <- It k ~ ~ ~ tJl , BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: I)-,"\" Date: ifl \ 10 1m