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HomeMy WebLinkAbout2006-326 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4 RESOLUTION NO. 2006-326 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF A FLASHING YELLOW BEACON DEVICE, SIGNING AND MARKINGS FOR A CROSSWALK LOCATED ON LYNWOOD DRIVE AT MERITO AVENUE, ADJACENT TO DEL VALLEJO MIDDLE SCHOOL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute a Cooperative Agreement with the County of San Bernardino and the San Bernardino City Unified School District for the installation of a flashing beacon device, signing and markings for the crosswalk located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo Middle School. A copy of the Cooperative Agreement is attached hereto as Exhibit "1" and incorporated herein by reference. SECTION 2. This Agreement and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within one-hundred twenty (120) days of passage of the resolution. III 25 26 27 28 III 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE 3 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF A 4 FLASHING YELLOW BEACON DEVICE, SIGNING AND MARKINGS FOR A 5 CROSSWALK LOCATED ON LYNWOOD DRIVE AT MERITO AVENUE, ADJACENT TO DEL VALLEJO MIDDLE SCHOOL. 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th 8 9 day of September, 2006, by the following vote, to wit: 10 ABSTAIN ABSENT Council Members: AYES NAYS x x --1L- x x 18 MC CAMMACK 19 20 21 22 23 24 25 26 x ~1 tb.~ City Clerk Th, f~'goi"g R~,lutioo i. horeby 'PP.PPro~v. "": ~ do. y o~ September, 2006. ~ .~ ~r' _~~ weri McCammack, Mayor Pro Tern City of San Bernardino Approved as to form: ~N~ 27 City :.~gl+lc' 28 SP"'C'la' o....se/ ...' '. . REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA ANO RECORD OF ACTION November 21,2006 FROM: PATRICK J. MEAD, Director Department of Public Works - Transportation SUBJECT: AGREEMENT WITH THE CITY OF SAN BERNARDINO AND SAN BERNARDINO UNIFIED SCHOOL. DISTRICT FOR IMPROVEMENTS TO AN EXISTING PEDESTRIAN CROSSWALK ON L YNWOOD DRIVE IN THE DEL ROSA AREA RECOMMENDATION: Approve Agreement No. 06-1121 between the City of San Bernardino, San Bernardino Unified School District, and the County of San Bernardino to equally share the $30,000 estimated cost of installing a flashing beacon device and improving signage/striping at the existing crosswalk located on Lynwood Drive adjacent to Del Vallejo Middle School in the Del Rosa area. BACKGROUND INFORMATION: A meeting was held on December 13, 2005 at Del Vallejo Middle School between County staff, City staff, and Officials from the Del Vallejo Middle School representing the San Bernardino Unified School District to discuss safety issues pertaining to Lynwood Drive. Of the options considered, a consensus was reached that a flashing beacon device would be installed to complement the existing crosswalk adjacent to Del Vallejo Middle School and signing and striping improvements would be included in the project. The County, as Lead Agency, would develop an agreement to share equally the project's cost pending ratification by the parties' respective Boards. San Bernardino Unified School District approved this agreement on October 5, 2006 and the City of San Bernardino approved this agreement on September 7, 2006. REVIEW BY OTHERS: This item has been reviewed by County Counsel (Charles S. Scolastico, Deputy County Counsel, 387-4635) on November 2, 2006 and the County Administrative Office (Tom Forster, Administrative Analyst, 387-4635) on November 7,2006. FINANCIAL IMPACT: The total estimated cost of this project is $30,000. Pursuant to this agreement, this cost will be shared equally between the City of San Bernardino ($10,000), San Bernardino Unified School District ($10,000), and the County ($10,000). Funds for the County's share are available in the FY2006/2007 budget for the County Road Fund (SAA-TRA-TRA). SUPERVISORIAL DISTRICT(S): 3rd PRESENTER: Patrick J. Mead, Director, 387-7906 Rev09f06 ml (11/21/06) Record of Action of the Board of Supervisors Agreeme 06-1121 cc: PWlTransportation-Biggs w/agreement Contractor c/o PWlTrans w/a9reement Auditor-Mejico w/agreement IDS-w/agreement Risk Management PWlTransportation-Mead MOTION CC-Scolastico .CAO-Forster File-w/agreement SECOND 5 BY ITEM 022 " , FAS ~ New Vendor Code Dept. Contract Number f- Change SC TRA A 06.1121 Cancel County Department Dept. Orgn. Contractor's License No. Public Works - Transnortation County Department Contract Representative Telephone Total Contract Amount BRENDON BIGGS 387-8166 LEAD AGENCY - NO ENCUMBRANCE Contract Type o Revenue o Encumbered !Xl Unencumbered o Other: If not encumbered or revenue contract type, provide reason: Lead aoencv - no encumbrance Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount SAA TRA TRA 200 2445 17H14108 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Ori9. Amount Project Name Estimated Payment Total by Fiscal Year L YNWOOD DR, @ DEL FY Amount I/O FY Amount I/O VALLEJO MS BEACON - - Contract Type - Special - - (Risk Management Approved) FOR COUNTY USE ONLY " 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 and Name Address Address CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO. CA 92418 Telephone FederallD No. or Social Security No. SAN BERNARDINO UNIFIED SCHOOL DISTRICT 777 N "F" STREET SAN BERNARDINO. CA 92410 Telephone FederallD No. or Social Security No. (909) 381-1100 (909) 384-5211 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth seNice 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), the SAN BERNARDINO UNIFIED SCHOOL DISTRICT (hereinafter referred to as DISTRICT), and the CITY OF SAN BERNARDINO (hereinafter referred to as SAN BERNARDINO) desire to cooperate and jointly participate in the design, construction and construction management for the installation of a flashing beacon at the Lynwood Drive pedestrian crossing at Del Vallejo Middle School (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT is partially (50%) within the unincorporated area of the COUNTY and partially (50%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit to the COUNTY, SAN BERNARDINO, and DISTRICT; and WHEREAS, the DISTRICT has agreed to pay a percentage of PROJECT costs as it will benefit from completion of the PROJECT; and Auditor/Controller - Recorder Use Onl CJ COtMIct Database CJ FAa Input Date Keyed By Page 1 of 7 , ' WHEREAS, it is anticipated that the, fundinf-j for the PROJECT will be from COUNTY road funds, SAN BERNARDINO local funds, and DISTRICT local funds; and WHEREAS, the total PROJECT cost is estimated to be $30,000. COUNTY's share of PROJECT cost is estimated at $10,000 (33.4%), DISTRICT's share of PROJECT cost is estimated at $10,000 (33.3%), and SAN BERNARDINO's share of PROJECT cost is estimated at $10,000 (33.3%), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, COUNTY, SAN BERNARDINO and DISTRICT 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 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the obtaining of environmental clearances, design, construction, and construction engineering of the PROJECT. 1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT for prior review and approval by SAN BERNARDINO and DISTRICT. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by SAN BERNARDINO and DISTRICT and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence of SAN BERNARDINO and DISTRICT. 1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the unincorporated area of the PROJECT site. 1.5 Obtain a no-cost permit from SAN BERNARDINO and temporary right-of-entry from DISTRICT for work within the respective right-of-way of each. 1.6 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with the California Public Contract Code. 1.? Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-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 SAN BERNARDINO, DISTRICT and the COUNTY as additional insured. Waiver of Subroaation Riahts - Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, SAN BERNARDINO, DISTRICT, and their officers, employees, agents, volunteers, contractors and subcontractors. Policies Primarv 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, SAN BERNARDINO, and DISTRICT. 1.8 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by SAN BERNARDINO and DISTRICT. COUNTY shall provide copies of any records of inspection and materials testing to SAN BERNARDINO or DISTRICT within ten (10) days of COUNTY's receipt of written demand from SAN BERNARDINO or DISTRICT for such records. 1.9 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. 2 of? '. . COUNTY's proportionate share of PROJECT costs is estimated at $10,000 (33.4% of PROJECT). COUNTY shall be resp.onsible, for the sum of $10,000, plus its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below and pay such costs from COUNTY road funds. 1.10 Submit to SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO or DISTRICT. If SAN BERNARDINO's proportionate share exceeds the sum of $10,000 paid up- front by SAN BERNARDINO, the itemized accounting shall include a statement for SAN BERNARDINO's proportionate share of the PROJECT costs exceeding this amount, as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, SAN BERNARDINO, and DISTRICT. 1.11 Submit to DISTRICT an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid either by COUNTY, SAN BERNARDINO or DISTRICT, and a statement for DISTRICT's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, SAN BERNARDINO, AND DISTRICT. 1.12 Although not anticipated, if right-of-way is needed, the COUNTY shall order title reports on such parcels. All costs associated with right-of-way acquisition shall be reimbursed by the responsible party dependent upon jurisdiction. For example, if a parcel to be acquired is located completely within the COUNTY (or SAN BERNARDINO), the COUNTY (or SAN BERNARDINO) shall pay all costs of right-of-way acquisition. If a parcel is located 75% in the COUNTY and 25% in SAN BERNARDINO, the COUNTY would pay 75% and SAN BERNARDINO would pay 25% of the costs of right-of-way acquisition. 1.13 Provide services to acquire the right-of-way if needed for the PROJECT, to include contacting owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating takes and easements including improvements. 1.14 Include completion of any applicable NEPA and CEQA requirements. 1.15 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and DISTRICT, the COUNTY shall act as the Lead Agency in performing or causing the performance of maintenance activities for the PROJECT. Maintenance responsibilities shall include preventative maintenance and emergency maintenance. The COUNTY shall be responsible for 50% of the maintenance costs associated with the PROJECT. The remaining 50% of the maintenance cost shall be the responsibility of SAN BERNARDINO. 2.0 SAN BERNARDINO 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. SAN BERNARDINO's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of PROJECT). SAN BERNARDINO will pay the sum of $10,000 to the COUNTY after bid opening and prior to award of contract to the successful bidder. 2.2 Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs in excess of the sum of $10,000 paid up-front by SAN BERNARDINO. This includes SAN BERNARDINO's portion of any PROJECT cost increases pursuant to Section 4.6 below. Such payment shall be made within thirty (30) days after receipt of an itemized statement as set forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO, or DISTRICT, together with adequate documentation of said expenditures. 2.3 Pay for its proportionate share of those right-of-way costs for properties that are located within SAN BERNARDINO's jurisdiction. For example, if a parcel to be acquired is located completely within SAN BERNARDINO (or COUNTY), SAN BERNARDINO (or COUNTY) shall pay all costs of right-of-way acquisition. If a parcel is located 25% in SAN BERNARDINO and 75% in the COUNTY, SAN BERNARDINO would pay 25% and COUNTY would pay 75% of the costs of right- of-way acquisition. 2.4 Provide a no-cost permit to the COUNTY for its work in SAN BERNARDINO's right-of-way. 2.5 Although right-of-way acquisition is not anticipated, should COUNTY be unable to acquire the necessary right-of-way located within the limits of SAN BERNARDINO, then SAN 30f7 BERNARDINO, in consultation with COUNTY, shall consider using the power of Eminent Domain to acquire any necessary rights-of-way at a public hearing noticed and conducted in accordance with California Code ot' Civil, Procedure, Section 1245.235 for the purpose of considering the adoption of a resolution of necessity, If SAN BERNARDINO elects to proceed with using its power of Eminent Domain, it shall do so in a timely manner and at no cost to the COUNTY, The parties acknowledge and understand that this Agreement does not obligate SAN BERNARDINOJn any way to use the power of Eminent Domain to acquire any rights-of- way within SAN BERNARDINO. SAN BERNARDINO's use of the power of Eminent Domain is conditioned by law upon certain findings and determinations that SAN BERNARDINO, in its sole discretion, must make in accordance with the California Code of Civil Procedure. SAN BERNARDINO makes no warranty or guarantee of the eventual result or outcome of its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way within SAN BERNARDINO or of any actual Eminent Domain proceeding. In the event that COUNTY is unable to acquire the necessary right-of-way located within the limits of SAN BERNARDINO and SAN BERNARDINO is unable or unwilling to use Eminent Domain to acquire right-of-way, this Agreement shall be deemed to be terminated by mutual consent. In the event of tenmination as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of termination shall be paid by the parties in the proportion provided herein, 2.6 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and DISTRICT, SAN BERNARDINO shall be responsible for 50% of the maintenance costs associated with the PROJECT as its fair share. Maintenance responsibilities shall include preventative maintenance and emergency maintenance. 3,0 DISTRICT AGREES TO: 3.1 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, DISTRICT's proportionate share of PROJECT costs is estimated at $10,000 (33,3% of PROJECT). 3.2 Pay to COUNTY, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section 4,6 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, SAN BERNARDINO or DISTRICT, together with adequate documentation of said expenditures. 3,3 Provide a temporary right of entry to the COUNTY for its work in DISTRICT's property, 4.0 IT IS MUTUALLY AGREED: 4,1 COUNTY agrees to indemnify and hold harmless SAN BERNARDINO and DISTRICT, their 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. 4,2 SAN BERNARDINO agrees to indemnify and hold hanmless the COUNTY and DISTRICT, their 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 SAN BERNARDINO, its officers, employees, agents or volunteers in connection with SAN BERNARDINO's performance of its obligations under this Agreement. 4,3 DISTRICT agrees to indemnify and hold hanmless the COUNTY and SAN BERNARDINO, their 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 DISTRICT its officers, employees, agents or volunteers in connection with DISTRICT's perfonmance of its obligations under this Agreement. 4.4' In the event the COUNTY and/or SAN BERNARDINO and/or DISTRICT 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 SAN BERNARDINO and/or DISTRICT 4 of? shall indemnify the other parties to the extent of its comparative fault. Furthermore, if the COUNTY, SAN BERNARDINO or DISTRICT attempts to seek recovery from the other parties for Workers' Compensation benefits paid to an employee, the COUNTY, SAN BERNARDINO and DISTRICT agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 4.5 COUNTY, SAN BERNARDINO and DISTRICT are self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation. COUNTY, SAN BERNARDINO and DISTRICT warrant that through their programs of self- insurance, they have adequate Professional Liability, Automobile Liability, General Liability, and Workers' Compensation to provide coverage for liabilities arising out of COUNTY's, SAN BERNARDINO's, and DISTRICT's performance of this Agreement. 4.6 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 4.8 below) over the estimated total PROJECT costs of $30,000 (which is the sum of $10,000 from COUNTY, $10,000 from SAN BERNARDINO, and $10,000 from DISTRICT) 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. 4.7 COUNTY shall notify SAN BERNARDINO and DISTRICT of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY, SAN BERNARDINO, and DISTRICT shall determine the cost of the PROJECT. In the event that any party intends to cancel this Agreement based upon the bids or amount thereof, said party shall notify the other parties 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. 4.8 Additional work/costs arising from unforeseen site conditions, including Utility relocation, will be paid by COUNTY, SAN BERNARDINO, or DISTRICT in proportion to where the work actually lies. If COUNTY, SAN BERNARDINO, or DISTRICT requests 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. 4.9 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 25% or less of the estimated PROJECT costs will occur, COUNTY may award the contract and notwithstanding any provision herein to the contrary the COUNTY, SAN BERNARDINO, and DISTRICT shall pay for the cost of construction as provided by this Agreement. 4.10 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, COUNTY shall not award any contracts for the PROJECT. Rather COUNTY, SAN BERNARDINO, and DISTRICT 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 by mutual consent. 4.11 In the event that change orders are required during the course of the PROJECT, said change orders must be in the form and substance as set forth in attached Exhibit "B" of this Agreement and approved by COUNTY, SAN BERNARDINO and DISTRICT. Contract Change Order forms will be delivered by fax and must be returned within two (2) working days. 4.12 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided however, that no party may cancel this Agreement after COUNTY 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. 4.13 Except with respect to the parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and 5 of7 payment of final billing by SAN BERNARDINO and DISTRICT for their shares of the PROJECT. 4.14 This Agreement contains the entire agreem.ent of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all parties. 4.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between COUNTY, SAN BERNARDINO and DISTRICT 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. 4.16 Time is of the essence for each and every provision of this Agreement. 4.17 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. 4.18 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 parties any contractual rights by custom, estoppel, or otherwise. 4.19 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. 4.20 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 all parties. 6 of? IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. Title CITY OF SAN BERNARDINO (Print or type name of corporation, mpany, contractor, etc.) ~ ~~t:f; ~.; //<,4/. (Authorize . UTe - sign in blue ink) Name N{' "c&..c..-t JII1(r:; "" f'V'-1C..c.lc (Print or type na,*s of person signing contract) f{CA.":fJ r., H-" 1e l>---- q _1~nfJ{lPs) . SAN BERNARDINO UNIFIED SCHOOL DISTRICT (Print or type nama of corporal' company, contractor, ste.) By Na Yolanda M. Ortega (Print or type name of person signing contract) Dated: Title Assistant Superintendent (Print or Typa) Dated: 10-5-06 Address 300 NORTH D STREET SAN BERNARDINO, CA 92418 Address 777 N "F" ST SAN BERNARDINO. CA 92410 ~ COUNTY JPAN BE"~ ~ ~ e;d/ ~ Bill Postmus, Chairman, Board of Supervisors Dated NOV 2 1 2006 By Date II. ~OC -~00~"7f ~ IfJk1 ,6 ~ Dale It /~!O I ( Presente to BOS for Signature ~ .' m---J Department Head II JI? flY!. I , Date 7 of? , EXHIBIT "A" ESTIMATE; OF PR,OJECT COSTS FOR CITY OF SAN BERNARDINO/SAN BERNARDINO UNIFIED SCHOOL DISTRICT/COUNTY OF SAN BERNARDINO FOR FLASHING BEACONS AT CROSSWALK ON L YNWOOD DRIVE DESCRIPTIDN LIMITS TOTAL COUNTY OF %OF SAN % OF PROJECT CITY OF SAN %OF COST OF SAN PROJECT BERNARDINO SAN BERNARDINO PROJECT PROJECT BERNARDINO COUNTY UNIFIED BERNARDINO SHARE SAN SHARE SCHOOL UNIFIED BERNARDIN DISTRICT SCHOOL 0 SHARE DISTRICT DESIGN & Lynwood INSTALL Drive at $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3% Del Vallejo BEACONS MS TOTAL $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3% PROJECT costs may be increased or decreased, depending upon the amount of the construction contract, project change orders and other final costs. ,- EXHIBIT "B" CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: FLASHING BEACONS ON LYNWOOD DRIVE AT DEL VALLEJO MIDDLE SCHOOL SAN BERNARDINO COUNTY CONTRACT # File: Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino, San Bernardino Unified School District, and County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: ---1---1_ o APPROVED for Implementation with 100% Participation by City of San Bemardino o APPROVED Subject to Comments/Revisions Accompanying This Document o APPROVED W~h Lim~ed Funding Participation by C~y of San Bemardino 0_% of Actual Cost to be Funded by City of San Bernardino o City of San Bemardino Participation Not to Exceed $ o DISAPPROVED -Not Acceotable Citv of San Bernardino DATE OF SAN BERNARDINO UNIFIED SCHOOL DISTRCT ACTION: ---1---1_ o APPROVED for Implementation with 100% Participation by San Bernardino Unified School District o APPROVED Subject to CommentslRevisions Accompanying This Document o APPROVED W~h Limited Funding Participation by San Bernardino Unified School District o _ % of Actual Cost to be Funded by San Bernardino Unified School District o San Bernardino Unified School District Participation Not to Exceed $ o DISAPPROVED -Not Acceotable to San Bernardino Unified School District DATE OF COUNTY OF SAN BERNARDINO ACTION. _'---1_ o APPROVED Subject to CommentslRevisions Accompanying This Document o DISAPPROVED -Not Acceotable 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, CITY OF SAN BERNARDINO, and SAN BERNARDINO UNIFIED SCHOOL DISTRICT 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? 0 YES 0 NO CITY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO SIGNATURE: CITY OF SAN BERNARDINO TITLE: COUNTY OF SAN BERNARDINO TITLE: SAN BERNARDINO UNIFIED SCHOOL DISTRICT SIGNATURE: Distribution: Signed Original Returned to City of San Bernardino Resident Engineer (FAX # 909-370-5154), San Bernardino Unified School District Representative (FAX # 909- 885-6392), and County of San Bemardino Resident Engineer (FAX # 909-387-7927) Signed Original for CITY OF SAN BERNARDINO, SAN BERNARDINO UNIFIED SCHOOL DISTRICT, and COUNTY OF SAN BERNARDINO Files SAN BERNARDINO UNIFIED SCHOOL DISTRICT TITLE: . . ~1Il Z 2~ c z o ~ u o ..J ~ ..J ~ en en o IX: U Z o ~ w m C) z - J: en CC ..J IL W > &! 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