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Home My WebLink About98-209 - ResolutionsRESOLUTION NO. 98-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF THE COOPERATIVE AGREEMENT BETWEEN THE ETIWANDA SCHOOL DISTRICT AND THE CITY OF RANCHO CUCAMONGA FOR THE PROPOSED SUMMIT AVENUE STREET IMPROVEMENTS LOCATED ON THE NORTH SIDE OF SUMMIT AVENUE FOR EAST AVENUE TO 1200 FEET EAST OF EAST AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to as "City"), has for its consideration and execution, the Cooperative Agreement with the Eftwanda School District (hereinafter referred to as "District") for the proposed improvement of Summit Avenue; and WHEREAS, the District and the City are in mutual accord with the conditions specified in attached Cooperative agreement; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO C UCAMONGA HEREBY RESOLVES, that said Cooperative Agreement be approved and accepted and authorize the Mayor to execute the same, and direct the City Clerk to attach a certified copy of this resolution to all copies of said Agreement and mail said copy to the Etiwanda School District AYES: NOES: None ABSENT: None ABSTAINED: None PASSED, APPROVED, AND ADOPTED this 18th day of November, 1998. Alexander, Biane, Curatalo, Dutton, Williams William J. Ale/~nder, Maybr ATTEST: Debra J. Adams, ,~C, City Clerk Resolution No. 98-209 Page 2 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, ata regular meeting of said City Council held on the 18'~ day of November, 1998 Executed this 19lh day of November, 1998, at Rancho Cucamonga, California. ' Debra J. Adams,(~,~lC, City Clerk COOPERATIVE AGREEMENT BETWEEN ETIWANDA SCHOOL DISTRICT AzND TH2E CITY OF 1LANCHO CUCAMONGA Resolution No. 98-209 Page 3 THIS AGREEMENT, is made and entered into the [ day of ? '~ eZ, ~ ,1998 by and between the Eliwanda School District ("District" hereinafter). and the City of Rancho Cucamonga. a municipal corporation ("City" hereinafter). WITNESSETH WHEREAS, City will cause street improvements to be designed and constructed within Summit Avenue along the south boundary of Summit Intermediate 'School ("Project" hereinafter), for the benefit of both the City and District; WHEREAS, the District desires to reimburse the City. for the costs of construction of the street improvements, pursuant to an established schedule of costs set forth herein: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: A. Installation. 1. Obligations of City a. City agrees to provide at no cost to the "District", surveying, desi=ma engineering, advertising, award, contract administration, inspection, specially testing and other construction engineering as may be required for satisfactory. completion of project. Resolution No. 98-209 Page 4 b. The City shall, upon written request by the District, provide copies of any invoices or other cost documentation as to the construction of the street improvements. c. City shall henceforth maintain the street improvements. 2. obligations of the District a. Within sixty (60) days of the completion of the street improvements hereof, and in consideration of funds to be expended by the City on the District's behalf and for their mutual benefit, the District agrees to pay to the City the Distwict's share of the total project cost currently estimated to be one hundred thirty-six thousand dollars ($136,000.00) (Exhibit "A" attached hereto), or the amount of the respective actual construction costs. b. If, upon opening of bids for "Project", it is found that the lowest responsible bid exceeds the Engineer's estimate for the District's portion of the project by more than $13,600, City shall notify the District immediately and the District shall have 48 hours in which to notify the City whether it will proceed with its involvement in the "Project" under the terms of this agreement. If the District notifies the City that it will proceed, the District agrees to pay the additional costs over the estimate of costs. If the District notifies the CiD' that it will not proceed, the City shall have the right to reject all bids. c. If, during "Project" construction any tinforeseen conflicts or changes of any kind occur in the District's portion of the "Project" resulting in added costs, the City shall notify the District of said change order requests or proposals for extra work that would increase the cost of the District's portion of the "Pro. iect" as soon as possible and confer with the District prior to approving such additional work or costs. The District agrees to pay the additional cost reasonably incurred. Resolution No. 98-209 Page 5 Mutual obligations. 1. Neither the District nor any officer, employee, or agent thereof shall be responsible for any damage or liabilit3, occurring by reason of anything done or omitted to be done by .District under or in connection with any work, authority or jurisdiction delegated to District under this Agreement. It is also agreed that pursuant to Government Code Section 895.4, District shall fully indemnify, defend and hold District harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by district under or in connection with any work, authority or jurisdiction delegated to District under this Agreement. 2. Neither District nor any officer, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is also agreed that pursuant to Government Code Section 895.4, City shall fully indemnify', defend, and hold District harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. 3. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement Resolution No. 98-209 Page 6 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in wziting signed by all parties. 5. In the event any legal action becomes necessary to enforce any provision of this Agreement or to obtain damages clue to an alleged breach of any provision of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys fees, court costs, and any and all other costs of litigation determined to be reasonable by the Court. Resolution No. 98-209 Page 7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized. ATTEST: By: Debbie Adarim, City Clerk CITY OF RANCHO CUC_...AMONGA William J. ~der, ~ayor ATTEST: By: ETIWANDA SCHOOL DISTRICT (SEAL) Approved as to Form and Content: //~" City of Rancho Cucamonga, ~ City Attorney Recommended for Approval: City of P~ancho Cuc~r~ga, City Engineer i:\agreemcnts\etiwanda. wpd EXHIBIT '~A" Resolution No. 98-209 Page 8 cri'Y OF RANCHO CUCAMONGA ENGINEERING DIVISION ESTIMATE OF COSTS FOR: The North side of Summit Avenue from East Avenue to 800 feet east of East Avenue Rate: 1~-~,a..97 Pr~ect No.: B00-97-L~ QUANTITIES DISTRICT CITY UNIT AMOUNTS UNIT ~TEM PRICE DISTRICT CITY 1 I.s. Clearing and Grubbing !.s. 15,000 720 I.f. P.C.C. Curb - 8" C.F. w/24" gutter 12.00 8,640 200 I.f. A.C. Berm - 8" 6.00 1~00 4,700 s.f. 4"P.C.C. Sidewalk 2.50 11,750 1,610 s.f. Drive Approach 2.75 4,428 1 ea. Wheelchair Ramp 400.00 400 12 I.f. Removal of P.C.C. Curb 3.50 42 75 I.f. Removal ofA. C. Berm 2.00 150 72 s.f. Removal of P.C.C. Sidewalk 1.50 108 7,400 7,000 s.f. Subgrade Preparation 0.35 2,590 190 130 ton Aggregate Base 20.00 3,800 300 206 ton Asphalt Concrete 60.00 18,000 1,000 760 s.f. Asphalt Concrete (hand laid) 2.75 2,750 200 720 I.f. 2"x4" Redwood Header 3.00 600 780 !.f. Sawcut 2.00 1,560 3,600 s.f. Removal ofA. C. Pavement 0.50 1,800 4 ea. Street Lights 1,000.00 4,000 840 I.f. 48" Trench & Street Light Conduit 7.50 6,300 13 12 ea. Reflectors and Posts 75.00 975 7 ea. Adjust Water VaNes to Grade 150.00 1,050 0 !.f. Pavement Striping(Separate by City) 1.00 0 0 ea. Pavement Markings(Separate by City) 5.00 0 3 ea. Street Sign 200.00 600 180 I.f. 4' Block Retaining Wall 75.00 13,500 0 ea. Relocate Power Poles(Separate by City) 4,000.00 0 310 c.y. Soil Export/import 30.00 9,300 1 ea. 24" CMP Culvert 15,000.00 15,000 0 0 0 0 0 0 0 0 0 2,450 2,600 12,36'0 2,093 2,160 900 0 0 0 0 0 0 0 0 Subtotals: $123,543 $22.,560 Contingency: 10% 12,354 2,256 Totals: $135,897 $24,816 SAY: $136,000 $25,00[)