HomeMy WebLinkAbout18-Development Services
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Resolution approvmg an
Agreement with the County of San
Bernardino for pavement rehabilitation on
Cajon Boulevard from 0.22 miles northwest
of Palm Avenue to 0.05 miles northwest of
Rex Cole Road (SS07-06).
From: Valerie C. Ross, Director
Dept: Development Services
Date: April 19, 2007
MCC Date: OS/2112007
Synopsis of Previous Council Action:
08/07/06 Allocated funds in the FY 06/07 ClP for rehabilitation of pavement on Cajon
Boulevard from Palm Avenue to the BNSF Overcrossing (SS07-06).
Recommended Motion:
Adopt Resolution.
~J
fI~ale
Contact person: Mark Lancaster, Deputy Director/City Engineer . Phone:
Supporting data attached: Staff Report, Location Map, Resolution,
& Agreement (Attachment "A")
FUNDING REQUIREMENTS: Amount:
$226.338
3305
Ward:
6
Source: (Acct. No.) 126-369-5504-7675
Acct. Description: SS07-06 Cajon Blvd. Pavement Rehab.
Council Notes
Agenda Item No. J g
6};)"} jlJ1
.
.
.
City of San Bernardino - Reauest for Council Action
Staff Report
Subiect:
Resolution approving an Agreement with the County of 8an Bernardino for pavement
rehabilitation on Cajon Boulevard from 0.22 miles northwest of Palm Avenue to 0.05 miles
northwest of Rex Cole Road (8807-06).
Backl!round:
The County of 8an Bernardino Department of Transportation has proposed a cooperative project
with the City to rehabilitate the pavement on Cajon Boulevard from Palm Avenue to Rex Cole
Road. The County is proposing to break the project into two segments. Project-l is from 0.22
miles northwest .of Palm Ave northwesterly to the centerline of BN8F Railroad Overcrossing, a
length of approximately 1.4 miles, and Project-2 is from the BN8F Railroad Overcrossing to
0.05 miles northwest of Rex Cole Road, a length of approximately 1.3 miles. The total length of
the entire project is approximately 2.7 miles (14,000 feet).
This is an important section of Cajon Boulevard and is in urgent need of rehabilitation. Claims
for damage from potholes along this reach are frequent. .
Under terms of the Cooperative Agreement, the County will design the project, contract out the
work and bill the City for its share as indicated in Exhibit "A" attached to the Agreement and
repeated below. The rehabilitation will be accomplished as two segments as indicated below:
EXHIBIT "A"
COUNTY OF %OF CITY OF %OF
TOTAL PROJECT
DESCRIPTION LIMITS COST OF SAN PAID FOR SAN PROJECT
PROJECT BERNARDINO BY BERNARDINO PAID FOR
SHARE COUNTY SHARE BY CITY
.22 miles
northwest of
PROJECT-1 Palm Ave
REHABILITATE northwesterly $951,000 $724,662 76.2% $226,338 23.8%
CAJON to the
BOULEVARD centerline of
BNSF railroad
overcrosslna
Centerline of
PROJECT -2 BNSF railroad
OVERLAY overcrosslng $395,850 $395,850 100.0% o (see o (see
CAJON to .05 miles footnote) footnote)
BOULEVARD northwest of
Rex Cole Rd
TOTAL $1,346,850 $1,120,512 83.2% $226,338 16.8%
Table footnote: The City portion of the overlay work on Cajon Boulevard, from BNSF Railroad to
Rex Cole Road, will be done by others (Hillwood Investments), on behalf of the City, and
therefore the City will incur no cost to do this work.
2
e
e
e
City of San Bernardino - Request for Council Action
Staff Report (Continued)
The proposed rehabilitation strategy is to remove and replace failed areas of pavement, grind the
existing roadway full width and overlay with at least 1.5 inches of new asphalt pavement.
Attached are maps showing the location of the proposed Project-I and Project-2.
Hillwood Investments is constructing a FedEx distribution facility along the southwesterly side
of Cajon Boulevard near Glen Helen Parkway. As a condition of approval of the project,
Hillwood Investments will be required to rehabilitate the pavement to centerline on Cajon
Boulevard' for the project frontage of about 5,530 feet. This reach has been excluded from the
attached Agreement. Although the Overlay of Cajon Boulevard between the BNSF Railroad
Overcrossing and Rex Cole Road is shown in the Agreement, the City's share of the cost for that
reach will be zero if the F edEx distribution facility proceeds to construction.
If the FedEx facility does not proceed to construction, it may be necessary for the City to amend
the cooperative agreement or contract separately for that portion of the work.
Also, Hillwood Investments will be required by conditions of approval to extend an existing 15"
sewer main from its present terminus approximately Yo mile northwesterly of Palm A venue to the
northwesterly limit of the FedEx property near Rex Cole Road. Since extension of the sewer
main will involve cutting the Cajon Boulevard pavement, it will be necessary for the County to
delay start of the cooperative rehabilitation' project until Hillwood Investments completes
installation of the sewer main and other backbone utilities for the FedEx project.
Staff believes this cooperative project will be beneficial to both agencies. Cooperative projects
with the County typically have elements under the jurisdiction of both the City and County of
San Bernardino and, therefore, lend themselves well to such a cooperative effort.
If this agreement is approved, the County will be the lead agency and will proceed with
preparation of improvement plans, specifications, and estimated costs (PS&E). The County will
also be responsible for advertising for bids, award of contract and management of the
construction of the projects per the attached Agreement. Exhibit "A" attached to the Agreement
provides an overall sununary of the estimated cost of each project.
Upon completion of construction, the County will bill the City for its share of the actual cost of
the projects including the cost of design, construction .engineering and the cost of the
construction contract plus change orders.
If the City chooses not to enter into this cooperative Agreement, the County may proceed with
the portion of the work within its jurisdictional boundaries using its own forces or a private
contractor. For obvious reasons, such an approach would not be efficient and not in the best
interest ofthe public.
Approval of this Agreement will allow the County to proceed with bidding the project.
Construction may start prior to the end of FY 06/07, however, billings will not be generated until
3
.
.
e
City of San Bernardino - Reauest for Council Action
Staff Report (Continued)
all costs are known and the projects are closed out. It is anticipated that the first billing for the
City's share of Project No. SS07-06 may be received in September of 2007.
The County is requesting that three (3) copies of the Agreement be executed and returned to
them for processing before the Board of Supervisors. The County will return one fully executed
copy to the City after approval.
Financial Imoact:
An amount of $157,700 in gas tax funds for Project No. SS07-06 "Cajon Boulevard Pavement
Rehabilitation from 0.22 miles north of Palm Avenue to BNSF Railroad Overcrossing" was
allocated in the FY 06/07 Budget. This budgetary figure was based on cost estimates provided in
May of2005.
Construction costs have substantially increased subsequent to calculation of the above amounts.
Revised estimates, reflecting higher construction costs, have been provided by the County and
are reflected in the attached Exhibit "A".
Due to the increases in construction cost, it.will be necessary for the City to increase funding for
Project SS07-06. .Since the work within the limits of proposed Project SS07-07 will be
completed by Hillwood Investments, SS07-07 will not longer be needed and will be deleted form
the CIP. The revised allocations are indicated in the following table:
PROPOSED TOTAL CITY SHARE
CURRENT ADDITIONAL
DESCRIPTION LIMITS ALLOCATION ALLOCATION FOR PER COUNTY
FY06/07 FY07/08 EXHIBIT "A"
PROJECT-1
REHABILITATE .22 miles northwest of
CAJON Palm Ave northwesterly to $157,700 $70,000 $227,700
the centerline of BNSF
BOULEVARD railroad overcrossing .
(SS07 -06)
PROJECT-2 Centerline of BNSF
OVERLAY CAJON railroad overcrosslng to $0 0 0
BOULEVARD .06 miles northwest of Rex
Cole Road
TOTAL $157,700 $68,638 $226,338
Since no billing for this project is expected prior to September of 2007, staff recommends that
the $157,700 budgeted in FY 2006-07 Gas Tax Fund be carried over to FY 2007-08 and an
additional $70,000 of Gas Tax Funds will be added in FY 2007-08 for a total funding of
$227,700 in FY 2007-08~
Recommendation:
Adopt Resolution.
4
City of San Bernardino, California
Department of Public Works, Division of Engineering
PROJECT-l
PA VEMENT REHABILIATION
FOR
CAJON BOULEVARD
FROM
0.22 MILES NORTH OF PALM A VENUE
TO BNSF RAILROAD OVERCROSSING
VICINITY MAP
N.T.S.
TC07-06
City of San Bernardino, California
Department of Public Works, Division of Engineering
PROJECT-2
PA VEMENT REHABILIATION
FOR
CAJON BOULEVARD
FROM
BNSF R-R OVERCROSSING TO
0.05 MILES NORTH OF REX COLE ROAD
~ ....
i '
,
,
~
, "
~,
I
Il:
i:
fb '
I
I
q; --
C-,i..'
:~
:'"
,.$>.
'~
<:-
,~,KYE
'-:,l;i>
"-''-4
VICINITY MAP
N.T.S.
TC07-06
.
.
1
2 RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
4 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PAVEMENT
5 REHABILITATION OF CAJON BOULEVARD FROM 0.22 MILES NORTHWEST OF
PALM AVENUE TO 0.05 MILES NORTHWEST OF REX COLE ROAD (SS07-06).
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8
9
10
Bernardino for pavement rehabilitation on Cajon Boulevard from 0.22 miles northwest of Palm
11
12
13
14
15
16
17
SECTION I. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a cooperative agreement with the County of San
Avenue to 0.05 miles northwest of Rex Cole Road (SS07-06) as shown in this agreement. A
copy of said cooperative agreement is attached as Attachment "A" and made a part hereof.
SECTION 2. The authorization to execute the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
/1/
18
III
19
20
21
22
23
24
25
26
27
e 28
~:19
- I - S .;l./ /D7
e
e
e
1 RESOLUTION...AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO FOR PAVEMENT REHABILITATION OF CAJON BOULEVARD
3 FROM 0.22 MILES NORTHWEST OF PALM AVENUE TO 0.05 MILES NORTHWEST
4 OF REX COLE ROAD (SS07-06).
5
6
7
8
.
.
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
, 2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
9 ESTRADA
10
11
12
13
14
BAXTER
BRINKER
DERRY
KELLEY
15 JOHNSON
16
MC CAMMACK
17
18
19
20
21
22
23
24 AMES F. PENMAN,
25 ity Attorney
26
27
28
City Clerk
The foregoing resolution is hereby approved this
day of
,2007.
Patrick J. Morris, Mayor
City of San Bernardino
pproved as to form:
./~
-2-
ATTACHMENT "A"
FAS
X New Vendor Code Depl Contract Number
- Change SC TRA A
Cancel
County Department Dept. Orgn. Contradar's license No.
Public Works - TransDortation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
Brendon Biaas (909) 387-8166 Lead Agency - No Encumbrance
Contract Type
o Revenue 0 Encumbered !Xl Unencumbered 0 Other:
If not encumbered or revenue contract tvDe, Drovide reason: Lead Aaencu
Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment
Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Orig. Amount
SWW TRA TRA 200 2445 14T01574
Fund Dept. OrganiZation Appr. ObjlRevSource GRClPROJ/JOB No. Orig. Amount
SWW TRA TRA 200 2445 34T01575
Project Name Estimated Payment Total by Fiscal Year
Calon Boulevard FY Amount lID FY Amount lID
- -
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
Address
Citv of San Bernardino
300 North D Street
San Bernardino. CA 92418
Telephone Federal 10 No. or Soclal Security No.
(909) 384-5211
hereinafter called:
CITY
.
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the COUNTY and the CITY desire to cooperate and jointly participate in a project
to rehabilitate Cajon Boulevard from .22 miles northwest of Palm Avenue northwesterly to the
centerline of Burlington Northern and Santa Fe (BNSF) railroad overcrossing (hereinafter referred to as
PROJECT-1); and overlay Cajon Boulevard from the centerline of BNSF railroad overcrossing
northwest to .05 miles northwest of Rex Cole Road (hereinafter referred to as PROJECT-2). Hereinafter
PR9JECT-1 and PROJECT-2 are jointly and severally referred to as PROJECTS. The CITY's
portion of work in PROJECT -2 will be completed by Hillwood Investments, as part of their work to
install a sewer line in the PROJECT area. The remainder of the PROJECT work will not begin until
Hillwood Investment's work is complete.
WHEREAS, PROJECT-1 is partially (76.2%) in the unincorporated area of the COUNTY and
partially (23.8%) within the incorporated area of the CITY; and PROJECT-2 is partially (60.9%) in the
unincorporated area of the COUNTY and partially (39.1%) within the incorporated area of the CITY,
and will be of mutual benefll to the COUNTY and CITY; and
e
Audllor I Conf1oller _ lift On
~ "l';:'4.:p.~<':-:_",,;t;' ,,:; -. , J ,";. ~'J'~'~;;
~. ,kl......-+!,,:.J~-::.....~~"". _~_ fb-;... .....J
~ i~l'i':' q~ii' ~ :.. ~~...~ , ,~ #. ....., 'l""!
'Ii ~~)-'.~ ~l \"''''' "'., '." ,10') jl. ~.),,- ~"j
." ...,' < <., .< < ~
;J.'",it'~ ~o/'r~ ~.>'I ~ ~'l +', 'Jo _ft~., ~,~\:,
I'io< -;k~di~~r',;t;> ."'~_1_ 7_"'1.', ~.,_ .r"", ..J
Page 1 of6
WHEREAS, it is anticipated that the funding for the construction phase of the PROJECTS will
be from COUNTY road funds and CITY local funds, and others acting on behalf of the CITY; and
WHEREAS, the PROJECTS overall total cost is estimated to be $1,346,850. PROJECT-1 and
PROJECT-2's estimated total costs are $951,000 and $395,850, respectively. The COUNTY's
proportionate share of cost for PROJECT-1 is $724,662 (76.2%), while the CITY's proportionate share of
cost is $226,338 (23.8%). PROJECT-2 shall be within 100% COUNTY area. The COUNTY's proportionate
share of cost for PROJECT-2 will be $395,850 (100%) and the CITY's share will be (0%), as more
particularly set forth in Exhibit "A", attached hereto al1P incorporated herein by reference; and
.
.
WHEREAS, of mutual agreement between COUNTY and CITY, the CITY will repay its
proportionate share of costs to the COUNTY for PROJECT-1 in Fiscal Year 200712008. Costs shall be
amended following CITY and COUNTY acceptance of the final construction cost accounting; 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 PROJECTS.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1
1.2
1.3
1.4
. 1.5
1.6
1.7
.
1.8
Act as the Lead Agency in the design and construction of the PROJECTS.
Provide plans and specifications and all necessary construction engineering for the PROJECTS for
CITY's prior review and approval.
Construct the PROJECTS by contract in accordance with the plans and specifications of
COUNTY, which have been reviewed and approved by CITY, and the Caltrans Design Manual, 10
year life, to the satisfaction of and subject to concurrence of the CITY.
Arrange for relocation of all utilities which interfere with construction of the PROJECTS within the
entire limits of the PROJECTS.
Obtain a no-cost permit from CITY for work within the CITY's right-of-way.
Advertise, award, administer, and fund the construction of the PROJECTS, in accordance with the
California Public Contract Code.
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 Insurance 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 an 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, the CITY, 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 or the CITY. .
Provide adequate inspection of all items of work performed under the construction contract(s) with
COUNTY's contractors or subcontractors for the PROJECTS and maintain adequate records of
inspection and materials testing for review by CITY. COUNTY shall provide copies of any
records of inspection and materials testing to CITY within ten (10) days of COUNTY's receipt of
written demand from CITY for such records.
Pay for its proportional share of the costs for the PROJECTS. The costs of the PROJECTS shall
include the cost of construction design, construction engineering, and overhead. COUNTY's
proportionate share of cost for PROJECT-1 is estimated at $724,662 (76.2%) and PROJECT-2 is
estimated at $395,850 (100%). COUNTY shall be responsible for the sum of $1,120,512, plus its
proportionate share of any PROJECT cost increases pursuant to Section 3.5 below and pay such
costs from COUNTY road funds.
1.9
Page 2 of6
.
1.10 Invoice the CITY for its share of the costs for PROJECT-1 in Fiscal Year 2007/2008. Costs shall
be amended following CITY and COUNTY acceptance of the final construction cost accounting.
1.11 Order title reports on parcels if right-of-way is needed. All costs associated with right-of-way
acquisition for PROJECT-1 shall be paid proportionately by the CITY and COUNTY, according to
the parcels' location. For example, if a parcel to be acquired is located completely within COUNTY
(or CITY), the COUNTY (or CITY) shall pay all costs of right-of-way acquisition. If a parcel is
located 75%'in the CITY and 25% in the COUNTY, the CITY would pay 75% and COUNTY would
pay 25% of the costs of right-of-way acquisition.
1.12 Provide services to acquire the right-of-way, if needed for PROJECT-1, to include contacting
owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating
takes and easements including improvements.
1.13 Include completion of any applicable NEPA and CEQA requirements.
1.14 After CITY's and COUNTY's acceptance of the construction contract work, the COUNTY shall
operate and maintain those portions of the PROJECTS within the unincorporated area of the
COUNTY, in accordance with COUNTY regulations, policies and procedures.
2.0 CITY AGREES TO:
.
2.1 Pay for its proportionate share of costs for the PROJECTS. The costs of the PROJECTS shall
include the cost of construction design, construction engineering, and overhead. CITY's
proportionate share of cost for the PROJECT-1 is estimated at $226,338 (23.8%).
2.2 Repay its proportionate share of cost to the COUNTY for PROJECT-1 in Fiscal Year 2007/2008.
Costs shall be amended following CITY and COUNTY acceptance of the final construction cost
accounting, including any cost increases or reductions pursuant to Section 3.5 below.
2.3 Pay for its proportionate share of PROJECT -1's right-of-way costs for parcels that are located
within the CITY's jurisdiction. For example, if a parcel to be acquired is located completely
within the CITY (or COUNTY), the CITY (or COUNTY) shall pay all costs of right-of-way
acquisition. If a parcel is located 25% in the CITY and 75% in the COUNTY, the CITY 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 the CITY's right-of-way.
2.5 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 of Civil Procedure,
Section 1245.235, for the purpose of considering the adoption of a resolution of necessity,
should COUNTY be unable to acquire the necessary right-of-way located within the limits of
the CITY. If CITY 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 CITY in any way to use the power of Eminent Domain to
acquire any rights-of-way within the CITY. CITY's use of the power of Eminent Domain is
conditioned by law upon certain findings and determinations that CITY, in its sole discretion,
must make in accordance with the California Code of Civil Procedure. CITY 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 the CITY or of any actual
Eminent Domain proceeding.
2.6 After CITY's and COUNTY's acceptance of the construction contract work, the CITY shall
operate and maintain those portions of the PROJECTS within the incorporated area of CITY,
in accordance with CITY regulations, policies and procedures.
3.0 IT IS MUTUALLY AGREED:
.
3.1
COUNTY will 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.
CITY will 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
<;:ITY's performance of its obligations under this Agreement.
3.2
Page 3 of6
1-: _u__
.
.
.
3.3 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.
3.4 COUNTY and CITY are authorized self-insured pUblic entities for purposes of Professional
Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that
through their programs of self-insurance, they have a~uate coverage or resources to
protect against liabilities arising out of COUNTY and CITY'll performance of this Agreement.
3.5 The Parties acknowledge that final costs of the PROJECTS may ultimately exceed current
estimates of the PROJECTS' cost. Any additional costs resulting from increased bid prices,
change orders, or arising from unforeseen site conditions, including Utility relocation (but not from
requested additional work by the CITY or COUNTY, which is addressed in Section 3.7 below) over
the estimated total of the PROJECTS' cost of $1,346,850 (which is the sum of $1,120,512 from
COUNTY and $226,338 from CITY), shall be bome by each Party in proportion to where the work
actually lies (based on jurisdiction), as part of the Parties' respective obligations to pay the cost for
the PROJECTS.
3.6 COUNTY shall notify CITY of the bids received and the amounts thereof. Within ten (10) days
thereafter, COUNTY and CITY shall determine the costs of the PROJECTS. In the event that
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
either PROJECT, or any detrimental reliance by either contract or any potential contractor.
3.7 If either COUNTY or CITY requests additional work that is beyond the scope of the original
PROJECTS, said work will be paid solely by the agency requesting the work at the construction
contract unit costs.
3.8 If after opening bids for the PROJECTS, it is found that a cost overrun of 25% or less of the
PROJECTS' estimated costs will occur, COUNTY 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.
3.9 If, upon opening of bids, it is found that a cost overrun exceeding 25% of the PROJECTS'
estimated costs will occur, COUNTY shall not award any contract for the PROJECTS. Rather
COUNTY and CITY shall endeavor to agree upon an altemative course of action, including re-
bidding of the PROJECTS. If, after thirty (30) days, an altemative course of action is not mutually
agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent.
3.10 In the event that change orders are required during the course of the PROJECTS, 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 retumed within two (2) working days.
3.11 This Agreement may be cancelled upon thirty (30) days written notice of either Party, provided
however, that neither Party may cancel this Agreement after COUNTY lets a contract to construct
either PROJECT. In the event of cancellation as provided herein, all costs for the PROJECTS
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.
3.12 Except with respect to the Parties' operation, maintenance and indemnification obligations
contained herein, this Agreement shall terminate upon completion of the PROJECTS and payment
of final billing by the CITY for its share of the PROJECTS.
3.13 This Agreement contains the entire agreement 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 both Parties.
3.14 This Agreement shall be govemed by the laws of the State of California. Any action or proceeding
between COUNTY and CITY concerning the interpretation or enforcement of this Agreement, or
which arises out of or is in any way connected with this Agreement or the PROJECTS, shall be
instituted and prosecuted in the appropriate state court in the County of San Bernardino,
California.
3.15 Time is of the essence for each and every provision of this Agreement.
Page 4 of6
.
3.16 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.
3.17 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.
3.18 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.
3.19 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.
//I
//I
.
.
Page 5 of 6
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
eUNTY OF SAN BERNARDINO
(Print or type name of corporation, compeny, contractor, el<:.)
~
Paul Biane, Chairman, Board of Supervisors
By ~
(Authorized signature - sign in blue ink)
...
.
Dated:
Name
(Print or type neme of person signing contrecQ
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
of the County of San Bernardino.
Title
(Print or Type)
Dated:
By
Address
Deputy
Reviewed by Contract Compliance
Presented to BOS for Signature
Approved as to Legal Form
~
County Counsel
~
~
Department Head
Date
Date
Date
e
Approved as to Form:
-~.
e
Page 6 of 6
i____
e
'e
e
EXHIBIT A - Work Orders T01574 & T01575
ESTIMATE OF PROJECTS COSTS
FOR COUNTY OF SAN BERNARDINO/CITY OF SAN BERNARDINO
FOR REHABILITATION and OVERLAY OF CAJON BOULEVARD
IN THE SAN BERNARDINO AREA
DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %OF
COST OF SAN PROJECT SAN PROJECT
PROJECT BERNARDINO PAID FOR BERNARDINO PAID FOR
SHARE BY SHARE BY CITY
COUNTY
.22mnltl
northwest 01
REHABILITATE Pllm Ave
CAJON northwesterly $951,000 $724,662 76.2% $226,338 23.8%
10 the
BOULEVARD centerline of
BNSF ronl'Old
overcroulna
Centerline of
OVERLAY BNSF ronroad
CAJON overcrosslng $395,850 $395,850 100% 0(... 0(...
BOULEVARD 10 .05 miles lootnote) footnote)
northwest of
Rex Cole Rd
TOTAL $1346850 $1120512 83.2% $226 338 16.8%
Footnote: The City portion of the overlay work on Cajon Boulevard, from BNSF Railroad to Rex Cole
Road, will be done by others (Hillwood Investments), on behalf of the City, and therefore the City will incur
no cost to do this work.
PROJECT costs may be increased or decreased
based on accepted contracto~s bid.
e
e
e
EXHIBIT B
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
COUNTY OF SAN BERNARDINO CONTRACT #
File: T01574 & T01575
..
-
Proposed Contract Change Order No. has been reviewed in accordance with the existing
agreements with the City of San Bemardino and the County of San Bemardino for the above project and
the following shall apply:
DATE OF CITY OF SAN BERNARDINO ACTION: ~~-
o APPROVED for Implementation 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
o % of Actual Cost to be Funded by CITY OF SAN BERNARDINO
o CITY OF SAN BERNARDINO Participation Not to Exceed $
o DISAPPROVED -Not AcceDtable to CITY 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 CITY OF SAN
BERNARDINO agreements without sepalllte 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
SIGNED:
TITLE:
Distribution:
Signed Original Returned to Resident Engineer (FAX 11909-350-6613)
Signed Original ior CITY OF SAN BERNARDINO File