HomeMy WebLinkAbout2006-074
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RESOLUTION NO.
2006-74
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PAVEMENT
5 REHABILITATION OF FIFTH STREET BETWEEN WATERMAN AVENUE AND
TIPPECANOE AVENUE (SS06-38).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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directed to execute on behalf of said City, a cooperative agreement with the County of San
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11 Bernardino for pavement rehabilitation of Fifth Street between Waterman Avenue and
12 Tippecanoe Avenue (SS06-38) as shown in this agreement.
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A copy of said cooperative
agreement is attached as Attachment "A" and made a part hereof.
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SECTION 2. The authorization to execute the above-referenced agreement is
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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- I -
2006-74
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
6 and Common Council of the City of San Bernardino at a regular
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meeting thereof, held on
the 20th day of
March
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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ESTRADA
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11 BAXTER
12 MC GINNIS
13 DERRY
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KELLEY
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x
x
x
x
x
JOHNSON
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x
MC CAMMACK
x
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The foregoing resolution is hereby approved thiS..?-.:2....J'day of ~rch_, 2006.
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24 Approved as to
25 form and legal content:
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FOR COUNTY USE ONLY
ORIGINAL
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FAS
X New Vendor Code Dept Contract Number
- Change SC TRA A rb,;JCf1
Cancel
County Department Dep!. Orgn. Contractor's license No.
Public Works - TransDortation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
Brendon Bioos (909) 387-8166 $352,882
o Revenue [Xl Encumbered Contract Type
o Unencumbered D Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Tcontract Start Date Contract End Date Original Amount This Amendment
Fund Dep!. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
SWW TRA TRA 200 2445 14T01285 $352,882
Fund Dep!. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
Fund Dep!. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
Project Name Estimated Payment Total by Fiscal Year
FIFTH STREET FY Amount 110 FY Amount liD
REHABILITATION 05/06 $352,882 I
Contract Type - Special - -
- -
(Risk Management Approved)
COUNTY OF SAN BERNARDINO
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the County, and
Name
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Telephone Federal 10 No. or Social Security No.
(909) 384-5211 95-6000772
hereinafter called:
CITY
Address
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications. and addenda, if any.)
WITNESSETH
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) and
the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) desire to cooperate and jointly
participate in a project to rehabilitate the pavement on Fifth Street from Waterman Avenue east to
Tippecanoe Avenue (hereinafter referred to as PROJECT); and
WHEREAS, the PROJECT is partially (68%) in the unincorporated area of the COUNTY and
partially (32%) within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY
and CITY; and
WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will
be from COUNTY road funds and CITY local funds; and
Auditor / Controller Recorder Use Onl
o Contract Database 0 FAS
Input Date
Keyed By
Page 1 of 8
WHEREAS, the total PROJECT cost is estimated to be $518,945. COUNTY's share of
PR:OJECT cost is estimated at $352,883 (68%) and CITY's share of PROJECT cost is estimated at
$166,062 (32%), as more particularly set forth in Exhibit A, attached hereto and incorporated herein
by reference; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as
pertains to such participation and to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Act as the Lead Agency in the design and construction of the PROJECT.
1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT
for COUNTY's prior review and approval.
1.3 Construct the PROJECT by contract in accordance with the plans and specifications of CITY,
which have been reviewed and approved by COUNY, and the Caltrans Design Manual, 10
year life, to the satisfaction of and subject to concurrence of COUNY.
1.4 Construction by CITY of improvements referred to herein which lie within COUNTY rights of
way or affect COUNTY facilities, shall not be commenced until CITY's original contract plans
involving such work and plan for utility relocation have been reviewed and approved in writing
by COUNTY personnel and until such an .encroachment permit to CITY authorizing such work
has been issued by COUNTY.
1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT Site.
1.6 Obtain a no-cost permit from COUNTY for work within the COUNTY's right-of-way.
1.7 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.8 Require its contractors to maintain Workers' Compensation Insurance or a state-approved
Seif-Insurance Program in an amount and form to meet all applicable requirements of the
Labor Code of the State of California, including Employer's Liability with $250,000 limits,
covering all persons providing services on behalf of the Contractor and all risks to such
persons under this Agreement. Comprehensive General Liability to include contractual
coverage and Automobile Liability Insurance to include coverage for owned, hired and non-
owned vehicles. The Comprehensive General and Automobile Liability policies shall have
combined single limits for bodily injury and property damage of not less than one million
dollars ($1,000,000) and shall name the CITY and the COUNTY as additional insured.
Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required
coverages to waive all rights of subrogation against the COUNTY, its officers, employees,
agents, volunteers, contractors and subcontractors.
Policies Primary and Non-Contributorv - All policies required above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by the
COUNTY.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s)
with CITY's contractors or subcontractors for the PROJECT and maintain adequate records of
inspection and materials testing for review by COUNTY. CITY shall provide copies of any
records of inspection and materials testing to COUNTY within ten (10) days of CITY's receipt
of written demand from COUNTY for such records.
1.10 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the
cost of PROJECT construction design, construction engineering, and overhead costs. CITY's
proportionate share of the PROJECT costs shall be 32%, which is estimated to be $166,062.
1.11 Submit to COUNTY an itemized accounting of actual PROJECT costs incurred by CITY to
date and which have not already been paid either by COUNTY or CITY and a statement for
COUNTY's proportionate share of the PROJECT costs as provided herein. Costs shall be
amended following COUNTY and CITY acceptance of the final construction cost accounting.
Page 2 of 8
1,12 Include completion of any applicable NEPA and CEQA requirements,
1,13 After CITY's and COUNTY's acceptance of the construction contract work, CITY shall operate
and maintain those portions of the PROJECT within the unincorporated area of CITY, in
accordance with CITY regulations, policies and procedures,
2,0 COUNTY AGREES TO:
2,1 Pay for its proportionate share of the PROJECT costs, The PROJECT costs shall include the
cost of PROJECT construction design, construction engineering, and overhead costs,
COUNTY's proportionate share of the PROJECT costs shall be 68%, which is estimated to be
$352,883,
2,2 Pay to CITY, on a reimbursement basis, its share of PROJECT costs, including its
proportionate share of any PROJECT cost increases pursuant to Section 3,6 below, within
thirty (30) days after receipt of an itemized statement as set forth in Section 1,11 of this
Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which
have not already been paid by either COUNTY or CITY, together with adequate
documentation of said expenditures,
2,3 Provide a no-cost permit to CITY for its work in COUNTY's right-of-way,
2.4 After CITY's and COUNTY's acceptance of the construction contract work, COUNTY shall
operate and maintain those portions of the PROJECT within the incorporated area of the'
COUNTY, in accordance with COUNTY regulations, policies and procedures,
3,0 IT IS MUTUALLY AGREED:
3,1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to property arising
out of any act or omission of COUNTY, its officers, employees, agents or volunteers in
connection with COUNTY's performance of its obligations under this Agreement.
3,2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to property arising
out of any act or omission of CITY, its officers, employees, agents or volunteers in connection
with CITY's performance of its obligations under this Agreement.
3,3 In the event that a claim or suit is brought against COUNTY and/or CITY, CITY will initially
defend the involved parties, with COUNTY waiving potential conflict, until such time that the
liability situation is defined,
3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement,
the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers'
Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged
negligence of the employee shall not be construed against the employer of that employee,
3,5 COUNTY and CITY are self-insured pUblic entities for purposes of Professional Liability,
General Liability, and Workers' Compensation, COUNTY and CITY warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
Workers' Compensation to provide coverage for liabilities arising out of COUNTY and CITY's
performance of this agreement.
3,6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates
of PROJECT costs, Any additional PROJECT costs resulting from increased bid prices or
change orders (but not from unforeseen conditions or requested additional work by a party
which are addressed in Section 3,8 below) over the estimated total PROJECT costs of
$518,945 (which is the sum of $352,883 (68%) from COUNTY and $166,062 (32%) from
CITY) shall be borne by each party in proportion to where the work actually lies (based on
jurisdiction), as part of the parties' respective obligations to pay for PROJECT costs.
3,7 CITY shall notify COUNTY of the bids received and the amounts thereof, Within ten (10) days
thereafter, COUNTY and CITY shall determine the cost of the PROJECT, In the event that
Page 3 of 8
either party intends to cancel this Agreement based upon the bids or amount thereof, said
party shall notify the other party at a reasonable time so as to avoid the letting of a contract to
construct the PROJECT and any detrimental reliance by either contract or any potential
contractor.
3.8 Additional work/costs arising from unforeseen site conditions (e.g. relocating a Utility that the
CITY or COUNTY were not aware of) will be paid by either CITY or COUNTY in proportion to
where the work actually lies. If either CITY or COUNTY request additional work that is beyond
the scope of the original PROJECT, said work will be paid solely by the agency requesting the
work at the construction contract unit costs.
3.9 If after opening bids for the PROJECT, it is found that a total project cost overrun (including
environmental clearance, right of way acquisition, agency provided equipment, and design
and construction engineering) of no more than 25% of the estimated PROJECT costs will
occur, CITY may award the contract and notwithstanding any provision herein to the contrary
the COUNTY and the CITY shall pay for the cost of construction as provided by this
Agreement.
3.10 If, upon opening of bids, it is found that a total project cost overrun (including environmental
clearance, right of way acquisition, agency provided equipment, and design and construction
engineering) exceeding 25% of the estimated PROJECT costs will occur, CITY shall not
award any contracts for the PROJECT. Rather COUNTY and CITY shall endeavor to agree
upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30)
days, an alternative course of action is not mutually agreed upon in writing, this Agreement
shall be deemed to be terminated bymutual consent.
3.11 In the event that change orders are required during the course of the PROJECT, said change
orders must be in form and substance as set forth in attached Exhibit B of this Agreement and
approved by both COUNTY and CITY. Contract Change Order forms will be delivered by fax
and must be returned within two (2) working days.
3.12 This Agreement may be cancelled upon thirty (30) days written notice of either party, provided
however, that neither party may cancel this Agreement after CITY lets a contract to construct
the PROJECT. In the event of cancellation as provided herein, all PROJECT costs required
to be paid by the parties prior to the effective date of cancellation shall be paid by the parties
in the proportion provided herein.
3.13 Except with respect to the parties' operation, maintenance and indemnification obligations
contained herein, this Agreement shall terminate upon completion of the PROJECT and
payment of final billing by COUNTY for its share of the PROJECT.
3.14 This Agreement contains the entire agreement of the parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement
may only be modified in writing signed by both parties.
3.15 This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement or the
PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of
San Bernardino, California.
3.16 Time is of the essence for each and every provision of this Agreement.
3.17 Since the parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed simply, according to its fair meaning, and
not strictly for any or against any party. Any term referencing time, days or period for
performance shall be deemed work days. The captions of the various articles and paragraphs
are for convenience and ease or reference only, and do not define, limit, augment, or describe
the scope, content, or intent of this Agreement.
3.18 No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by both parties.
3.19 No waiver of any default shall constitute a waiver of any other default or brief, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a party shall give the other party any contractual rights by custom, estoppel,
or otherwise.
Page 4 of 8
3.20. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect,
unless the purpose of this agreement is frustrated.
3.21 This Agreement may be signed in counterparts, each of which shall constitute an original.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties.
III
III
III
Page 5 of 8
IN WITNESS WHEREOF. the parties to these presents have hereunto set their hands.
(,~N BER~O
~ :;:JL ~ -
CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.)
-
By ~
IllIUh,.I<Illl"'l.lI....~ Board of Supervisors
Paul Biane, Vice-Chairman
Dated:
Name
SIGNED AND
DOCUMENT
CHAIRMA
Title
upervisors
rnardino.
Dated:
f"1(~iO(
'l't\alttrJ7:/ ~q;)O~
,
3DO J~'"' Of SI- >
S1j t4A. 9 )-t IS'
By
Address
PR 1 8 2006
Date
i....l_ & 'OC
Date
~/t76
I
APPROVED AS TO FORM
AND LEGAL CONTENT.
James F. Penman,
.
City A orney
Page 6 of 8
EXHIBIT A - Work Order T01285
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO/SAN BERNARDINO COUNTY
FOR PAVEMENT REHABILITATION
IN THE SAN BERNARDINO AREA
DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF SAN %OF
COST OF SAN PROJECT BERNARDINO PROJECT
PROJECT BERNARDINO COUNTY SHARE CITY
SHARE
WATERMAN
REHABILITATE AVENUE
FIFTH STREET EAST TO $518,945 $352,883 68% $166,062 32%
TIPPEANOE
AVENUE
PROJECT costs may be increased or decreased
based on accepted contractor's bid,
Page 7 of 8
EXHIBIT B
CONTRACT CHANGE ORDER REVIEWIAPPROVAL
PROJECT: FIFTH STREET REHABILITATION
SAN BERNARDINO COUNTY CONTRACT #
File: T01285
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the
City of San Bernardino and County of San Bernardino for the above project and the following shall apply:
DATE OF CITY OF SAN BERNARDtNO ACTION: _1_/-
o APPROVED for tmplementation with 100% Participation by CITY OF SAN BERNARDINO
o APPROVED Subject to Comments/Revisions Accompanying This Document
o APPROVED With limited Funding Participation by CITY OF SAN BERNARDINO
0_'/, of Actual Cost to be Funded by CITY OF SAN BERNARDINO
o CITY OF SAN BERNARDINO Participation Not to Exceed $
o DISAPPROVED -Not Acceptable to CITY OF SAN BERNARDINO
DATE OF COUNTY OF SAN BERNARDINO ACTION: _/----.1_
o APPROVED for Implementation with 100% Participation by COUNTY OF SAN BERNARDINO
o APPROVED Subject to CommentslRevisions Accompanying This Document
o APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO
0_% of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO
o COUNTY OF SAN BERNARDINO Participation Not to Exceed $
o DISAPPROVED -Not Acceptable to COUNTY OF SAN BERNARDINO
Note: Approval under any of the above conditions shall in no case be construed as agreement to increase
the total financial participation beyond that prescribed in the existing COUNTY OF SAN BERNARDINO and
CITY OF SAN BERNARDINO agreements without separate amendment to said agreements. Net increases in
costs deriving from this and previously approved Contract Change Orders shall not cause the total
construction costs to exceed the sum of the authorized contract total and contingency amounts.
Comments, as follows and/or attached, are conditions of the above action? DYES ONO
CITY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO SIGNATURE:
CITY OF SAN BERNARDINO TITLE: COUNTY OF SAN BERNARDINO TITLE:
Distribution:
Signed Original Returned to CITY of SAN BERNARDINO Resident Engineer (FAX #909-384-5573) and County of San Bernardino
Resident Engineer (FAX # 909-387-7927)
Si9ned Original for CITY OF SAN BERNARDINO and COUNTY OF SAN BERNARDINO Files
Page 8 of 8
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