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HomeMy WebLinkAbout2007-170 1 2 RESOLUTION NO. 2007-170 3 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 CAJON BOULEVARD FROM 0.22 MILES NORTHWEST OF P ALM 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 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 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 The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III 25 26 27 28 - 1 - 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 P ALM AVENUE TO 0.05 MILES NORTHWEST 4 OF REX COLE ROAD (SS07-06). 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 21st day of May ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MC CAMMACK -----1L ~,6. (y,~ City Clerk The foregoing resolution is hereby approved this 023"'- day of May ,2007. 22 23 24 AMES F. PENMAN, 25 ity Attorney 26 27 28 c-t~ . Patrick J. Morris, . San Bernardino ./~ -2- COUNTY OF SAN BERNARDINO FAS STANDARD CONTRACT 2007-170 ATTACHMENT "A" FOR COUNTY USE ONLY X New Vendor Code Depl. 1C~tl"f!'rber - Change SC TRA A o I"" Cancel County Department Depl. Orgn. Contractor's License No. Public Works - TransDortation TRA TRA County Department Contract Representative Telephone Total Contract Amount Brendon BiggS (909) 387-8166 Lead Agency - No Encumbrance Contract Type o Revenue 0 Encumbered iii Unencumbered 0 Other: If not encumbered or revenue contract type, provide reason: Lead Aaencv Commodity Code Icontract Start Date Contract End Date Original Amount This Amendment Fund Depl. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Orig. Amount SWW TRA TRA 200 2445 14T01574 Fund Depl. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Orig. Amount SWW TRA TRA 200 2445 34T01575 Project Name Estimated Payment Total by Fiscal Year Caion Boulevard FY Amount lID FY Amount 110 - - Contract Type - Special - - (Risk Management Approved) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and City of San Bernardino 300 North 0 Street San Bernardino. CA 92418 Telephone Federal 10 No. or Social Security No. (909) 384-5211 Name Address 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 PROJECT-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 benefit to the COUNTY and CITY; and l__u _ Page 1 of6 r 2007-170 , 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 and 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 2007/2008. 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 Act as the Lead Agency in the design and construction of the PROJECTS. 1.2 Provide plans and specifications and all necessary construction engineering for the PROJECTS for CITY's prior review and approval. 1.3 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. 1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECTS within the entire limits of the PROJECTS. 1.5 Obtain a no-cost permit from CITY for work within the CITY's right-of-way. 1.6 Advertise, award, administer, and fund the construction of the PROJECTS, in accordance with the California Public Contract Code. 1.7 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. 1.8 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. 1.9 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. Page 2 of 6 2007-170 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. 3.2 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 CITY's performance of its obligations under this Agreement. Page 3 of 6 2007-170 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 adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY's 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 borne 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 alternative course of action, including re- bidding of the PROJECTS. 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. 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 returned 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 governed 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 of 6 2007-170 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. 11/ 11/ Page 5 of 6 2007-170 IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands. (J~~ M' S..r...J 13lfit€/J4teD/tVO ~NrY-"~cr~ .. Paul Biane, Chairman, Board of Supervisors JUN 1 l,f. ~ Dated: SIGNED AND C DOCUMENT CHAIRMAN rvisors rdino. f cotpOmtion, company. contractor, ate.) By ~ Name r,eEO NiL6/M/ (Print or typa nama of parson signing contmet) any /'1/M1A6$'f r- (PrintorTypa) ~-2.3-o7 Title Dated: Address 3~o AJ 6 S"neEer- ~ &7/e1V~tfUJ/A.JO I tJ/! 9-=4"1 &' 6-7-07 :evie?J:1eR~mJS:$Jo ., .OJ Dele Dele Approved as to Form: -~ Page 6 of 6 2007-170 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 .22 miles northwest of REHABILITATE Palm Ave CAJON northwesterly $951,000 $724,552 75.2% $225,338 23.8% to the BOULEVARD centerline of BNSF railroad overcrosslna Centerline of OVERLAY BNSF railroad CAJON overcrosslng $395,850 $395,850 100% O(see O(see BOULEVARD to .05 miles footnote) footnote} northwest of Rex Cole Rd TOTAL $1 346 850 $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 contractor's bid. 2007-170 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 Bernardino and the County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: ---!---!- D APPROVED for Implementation with 100% Participation by CITY OF SAN BERNARDINO D APPROVED Subject to Comments/Revisions Accompanying This Document D APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO D % of Actual Cost to be Funded by CITY OF SAN BERNARDINO D CITY OF SAN BERNARDINO Participation Not to Exceed $ D DISAPPROVED -Not Acceotable 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 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 DNO SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer (FAX # 909-350-6613) Signed Original for CITY OF SAN BERNARDINO File