HomeMy WebLinkAbout2008-426
(IMPORTANT NOTE: RESOLUTION IS
NULL AND VOID BECAUSE IT WAS
NOTE EXECUTED WITHIN THE TIME
SPECIFIED)
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RESOLUTION NO. 2008-426
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AMENDMENT NO. I TO A COOPERATIVE AGREEMENT
(COUNTY CONTRACT NO. 07-451) BETWEEN THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO FOR PAVEMENT REHABILITATION
ON CA.JON BOULEVARD FROM 0.22 MILES NORTHWEST OF PALM AVENUE TO
0.05 MILES NORTHWEST OF REX COLE ROAD (SS07-06).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, Amendment No. I to a Cooperative Agreement
(County Contract No. 07-451) between the City of San Bernardino and 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) as shown in this Amendment. A
copy of said Amendment No. I is attached as Attachment "A" and made a part hereof.
SECTION 2. The authorization to execute the above-referenced Amendment No. I is
rescinded if the parties to the Amendment fail to execute it within sixty (60) days of the passage
of this resolution.
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2008-426
1 RESOLUTION...AUTHORlZING EXECUTION OF AMENDMENT NO. 1 TO A
COOPERATIVE AGREEMENT (COUNTY CONTRACT NO. 07-451) BETWEEN THE
2 CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR
3 PAVEMENT REHABILITATION ON CAJON BOULEVARD FROM 0.22 MILES
NORTHWEST OF PALM AVENUE TO 0.05 MILES NORTHWEST OF REX COLE
4 ROAD (SS07-06).
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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10
11 BAXTER
17th day of November
, 2008, by the following vote, to wit:
ABSTAIN
ABSENT
AYES
NAYS
Council Members:
x
ESTRADA
x
12 BRINKER
13
14
15
16
x
x
DERRY
KELLEY
x
x
JOHNSON
MC CAMMACK
x
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~h.~
City Clerk
The foregoing resolution is hereby approved this /JT1I day of November, 2008.
Approved as to form:
JAMES F. PENMAN,
City Attorney
By: Q,~ 1.f~
tJ
-2-
X New Vendor Code Dept. COntract Number
Change SC TRA A 07.451.A1
Cancel
County Department Dept. Orgn. COntracto~s Ucense No.
Public Works - TransDortation TRA TRA
County Department Contract Representative Telephone Total COntract Amount
Brendon Biaas (9091387-8167 949,460
Contract Type
. 0 Revenue 0 Encumbered IX! Unencumbered o other.
If not encumbered or revenue contract tvpe, orovide reason: Lead Anenev
COmmodity Code IContract Start Date COntract End Date Ortglnal Amount This Amendment
$949,460
Fund Dept. Organization Appr. ObYRev Source GRClPROJ/JOB No. Ortg. Amount
SWW TRA TRA 200 2445 14T01574 $751 900
Fund Dept. Organization Appr. ObYRev Source GRClPROJ/JOB No. Ortg. Amount
SWW TRA TRA 200 2445 34T01575 $197560
Project Name Estimated Payment Total by Fiscal Vear
Calon Boulevard FY Amount 110 FY Amount 110
Rehabilitation
Contract Type - Special - -
- -
(Risk Management Approved)
AITACHMENT"A~ .
FOR COUNTY USE ONLY
. .
COUNTY OF SAN BERNARDINO
FAS
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 SOclal Securtty No.
(909) 384-5211
hereinafter called:
CITY
Address
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the COUNTY and CITY have previously entered into an Agreement, Contract No. 07-451; and
WHEREAS, the COUNTY and the CITY now desire to amend this Agreement.
NOW. THEREFORE, it is hereby agreed to amend County Contract No. 07-451 between the County and the
City as follows:
1. CHANGE the description of limits of PROJECT-1 and PROJECT-2, to the following:
PROJECT-1: From .22 mile northwest of Palm Avenue, northwesterly to .32 mile northwest of the
Burlington Northern and Santa Fe railroad over-crossing (BNSF).
PROJECT-2: From .32 mile from BNSF, northwesterly to .05 miles northwest of Rex Cole Road.
2. CHANGE percentage of PROJECT-1 within each jurisdiction, to the following:
Page 1 of 3
-
ATIACHMENT "A"
. PROJECT-1 is partially (76.5%) in the unincorporated area of the COUNTY and partially (23.5%)
within the incorporated area of the CITY; and
3. DELETE the existing fourth WHEREAS statement, and SUBSTITUTE the following as a new fourth
WHEREAS statement:
WHEREAS, the PROJECTS overall total cost is estimated to be $949,460. PROJECT-1 and PROJECT-
2's estimated total costs are $751,900 and $197,560, respectively. The COUNTY's proportionate share of
cost for PROJECT-1 is $575,200 (76.5%), while the CITY's proportionate share of cost is $176,700
(23.5%). PROJECT-2 shall be within 100% COUNTY area. The COUNTY's proportionate share of cost for
PROJECT-2 will be $197,560 (100%) and the CITY's share will be (0%), as more particularly set forth in
Exhibit "A", attached hereto and incorporated herein by reference
4. DELETE the existing paragraph 1.9 and SUBSTITUTE the following as a new paragraph 1.9:
Pay for its proportional share of the costs for the PROJECTS. The costs of the PROJECTS shall include
the cost of design, construction, construction engineering, and overhead. COUNTY's proportionate share
of cost for PROJECT-1 is estimated at $751,900 (76.5%) and PROJECT-2 is estimated at $197,560
(100%). COUNTY shall be responsible for the sum of $772,760, plus its proportionate share of any
PROJECT cost increases pursuant to paragraph 3.5 below and pay such costs from COUNTY road funds.
5. DELETE the existing paragraph 2.1 and SUBSTITUTE the following as a new paragraph 2.1:
Pay for its proportionate share of costs for the PROJECTS. The costs of the PROJECTS shall include the
cost of design, construction, construction engineering, and overhead. CITY's proportionate share of cost
for the PROJECT-1 is estimated at $176,700 (23.5%).
6. DELETE the existing paragraph 3.5 and SUBSTITUTE the following as a new paragraph 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 paragraph 3:7 below) over the estimated total of the PROJECTS'
cost of $949,460 (which is the sum of $772,760 from COUNTY and $176,700 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.
7. Replace Exhibit "A" with the attached Exhibit "A" (Revision 1).
11/
Page 2 of 3
ATIACHMENT "A". .
II" WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
Approved as to Form:
James F. Penman,
C'"]-
By: -:},/~
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.)
~
Paul Biane, Chairman, Board of Supervisors
By ~
(Authorized signature. sign in blue ink)
Name
(Print or type name of person signing contract)
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
r.HAIRMAN OF THE BOARD
Dena M. Smith
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 BaS tor Signature
Approved as to Legal Fonn
~
County Counsel
~
~
Department Head
Dale
Dale
Dale
Page 3 of 3
ATTACHMENT"A" .
EXHIBIT "A" - Work Orders T01574 & T01575 (REVISION 1l
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 'loaF CITY OF 'loaF
COST OF SAN PROJECT SAN PROJECT
PROJECT BERNARDINO PAID FOR BERNARDINO PAID FOR
SHARE BY SHARE BY CITY
COUNTY
.22 mile
northwest of
Palm Ave
PROJECT 1 northwesterly $751,900 $575,200 76.5% $176,700 23.5%
to 0.32 mile
northwest of
BNSF railroad
overcrosslna
0.32 mile
northwest of
BNSF railroad o (see o (see
PROJECT 2 overcrosslng $197,560 $197,560 100'/.
to .05 mile foolnole) footnote)
northwest of
Rex Cole Rd
TOTAL $949,460 $772,760 81.39'10 $176,700 18.61'10
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.
-
ATTACHMENT "A" .
.. " a
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 witlh the City of San Bernardino and the County of San Bemardino for the above project and
tlhe following shall apply:
DATE OF CITY OF SAN BERNARDINO ACTION: ~~-
D APPROVED for Implementation witlh 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 Acceptable 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 Retumed to Resident Engineer (FAX # 909-367-7920)
Signed Original for CITY OF SAN BERNARDINO File
"
COUNTY OF SAN BERNARDINO
FAS
STANDARD CONTRACT
-
FOR COUNTY USE ONLY
x: New Vendor Code DepL Contract Number
Change SC TRA A 07.451.A1
Cancel
County Department Depl. Orgn. Contractor's Ucense No.
Public Works - TransDortation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
Brendan Bioos (909)387-8167 949,460
Contract Type
o Revenue 0 Encumbered li1l Unencumbered 0 Other.
If not encumbered or revenue contract type. provide reason: Lead Acencv
Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment
$949,460
Fund Depl. Organization Appr. Obj/Rev Source GRClPROJIJOB No. Ortg. Amount
SWW TRA TRA 200 2445 14T01574 $751,900
Fund DepL Organization Appr. Obj/Rev Source GRClPROJIJOB No. Ortg. Amount
SWW TRA TRA 200 2445 34T01575 $197,560
Project Name Estimaled Payment Total by Fiscal Year
Ca/on Boulevard FY Amount 110 FY Amount 110
Rehab/lltation
- -
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
Citv of San Bernardino
300 North "D" 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 CITY have previously entered into an Agreement, Contract No. 07-451; and
WHEREAS, the COUNTY and the CITY now desire to amend this Agreement.
NOW, THEREFORE, it is hereby agreed to amend County Contract No. 07-451 between the County and the
City as follows:
1. CHANGE the description of limits of PROJECT-1 and PROJECT -2, to the following:
PROJECT-1: From .22 mile northwest of Palm Avenue, northwesterly to .32 mile northwest of the
Burlington Northern and Santa Fe railroad over-crossing (BNSF).
PROJECT-2: From .32 mile from BNSF, northwesterly to .05 miles northwest of Rex Cole Road.
2. CHANGE percentage of PROJECT-1 within each jurisdiction, to the following:
Auditor I Controller Recorder Use On
~?P~~'?~fff.t.irJ;:ih'1""8' '~.":J~~ 'I
~1.tL_.(~" ':'.~<t._,"' ~.....~ p ..
r;""- {i;fffr;1J.ffu: ,- ,\")~ i"c'" ".
.'.^ .", -
:.'" .:; '. ; ~~= '';:, ", ..._"': "..-, ..:....' - .
Page 1 of 3
'. .
P~OJECT-1 is partially (76.5%) in the unincorporated area of the COUNTY and partially (23.5%)
within the incorporated area of the CITY; and
3. DELETE the existing fourth WHEREAS statement, and SUBSTITUTE the following as a new fourth
WHEREAS statement:
WHEREAS, the PROJECTS overall total cost is estimated to be $949,460. PROJECT-1 and PROJECT-
2's estimated total costs are $751,900 and $197,560, respectively. The COUNTY's proportionate share of
cost for PROJECT-1 is $575,200 (76.5%), while the CITY's proportionate share of cost is $176,700
(23.5%). PROJECT-2 shall be within 100% COUNTY area. The COUNTY's proportionate share of cost for
PROJECT-2 will be $197,560 (100%) and the CITY's share will be (0%), as more particularly set forth in
Exhibit "A", attached hereto and incorporated herein by reference
4. DELETE the existing paragraph 1.9 and SUBSTITUTE the following as a new paragraph 1.9:
Pay for its proportional share of the costs for the PROJECTS. The costs of the PROJECTS shall include
the cost of design, construction, construction engineering, and overhead. COUNTY's proportionate share
of cost for PROJECT-1 is estimated at $751,900 (76.5%) and PROJECT-2 is estimated at $197,560
(100%). COUNTY shall be responsible for the sum of $772,760, plus its proportionate share of any
PROJECT cost increases pursuant to paragraph 3.5 below and pay such costs from COUNTY road funds.
5. DELETE the existing paragraph 2.1 and SUBSTITUTE the following as a new paragraph 2.1:
Pay for its proportionate share of costs for the PROJECTS. The costs of the PROJECTS shall include the
cost of design, construction, construction engineering, and overhead. CITY's proportionate share of cost
for the PROJECT -1 is estimated at $176,700 (23.5%).
6. DELETE the existing paragraph 3.5 and SUBSTITUTE the following as a new paragraph 3.5:
The Parties acknowledge that final costs of the PROJECTS may ultimately exceed cUlTent 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 paragraph 3.7 below) over the estimated total of the PROJECTS'
cost of $949,460 (which is the sum of $772,760 from COUNTY and $176,700 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.
7. Replace Exhibit "A" with the attached Exhibit "A" (Revision 1).
11/
Page 2 of 3
'.
..~ WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
Approved as to Form:
James F. Penman,
City Attorney
By:
?~
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.)
~
Paul Biane, Chairman, Board of Supervisors
By ~
(Authorized signature - sign in blue ink)
Dated:
Name
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Dena M. Smith
Clerk of the Board of Supervisors
of the County of San Bemardino.
Title
(Print or Type)
Dated:
By
Address
Deputy
Approved as to Legal Fonn
Reviewed by Contract Compliance
Presented to BaS for Signature
~
County Counsel
~
~
Department Head
Date
Date
Date
Page 3 of 3
-
EXHIBIT "A" - Work Orders T01574 & T01575 (REVISION 1)
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 'loaF CITY OF ".OF
COST OF SAN PROJECT SAN PROJECT
PROJECT BERNARDINO PAID FOR BERNARDINO PAID FOR
SHARE BY SHARE BY CITY
COUNTY
.22 mile
northwest of
Palm Ave
PROJECT 1 northwesterly $751,900 $S75,200 76.5% $176,700 23.5'1.
to 0.32 mile
northwest of
BNSF railroad
overcrosslng
0.32 mile
northwest of
BNSF railroad o (see o (see
PROJECT 2 overcrossing $197,560 $197,560 100-;.
10 .05 mile footnote) footnote)
northwest of
Rex Cole Rd
TOTAL $949,460 $772,760 81.39'10 $176,700 18.61%
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.
-
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: _/--1_
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 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 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 Retumed to Resident Engineer (FAX # 909-367-7920)
Signed Original for CITY OF SAN BERNARDINO File
i
DEPARTMENT OF PUBLIC WORKS COUNTY OF SAN BERNARDINO
PUBLIC AND SUPPORT
FLOOD CONTROL • SOLID WASTE MGMT • SURVEYOR • TRANSPORTATION - SERVICES GROUP
BEQNARDIN
825 East Third Street • San Bernardino,CA 92415-0835 • (909)387-8104 VANA R.OLSON
Fax (909)387-8130 Director of Public Works
December 17, 2008 File: T01574 &T01575
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attention: Mike Grubbs
Engineering Manager
RE: AMENDMENT TO COOPERATIVE AGREEMENT FOR CAJON BOULEVARD OVERLAY
AND REHABILITATION PROJECTS
Dear Mr. Grubbs:
Reference is made to the letter sent to your attention dated October 16, 2008, regarding the need
to amend Cooperative Agreement No. 07-451 between the County and the City of San
Bernardino for the overlay and rehabilitation projects on Cajon Boulevard in the San Bernardino
area.
The County has reviewed the project scope and current cost estimates and has determined the
amendment is not required at this time. The revised cost estimate is within the limits of the
current agreement and the minor scope change is in the unincorporated area only. The County
will move forward under the original terms and amend the agreement in the future if deemed
necessary.
If you would like to discuss this further, please call me at 909-387-8166
Sincerely,
B L///IGGS, P.E., Chief
Transportation Planning Division
BB:lr
LTR-City SB Cajon Blvd T01574 12-16-08
MARK H.UFFER
County Administrative Officer
Board of Supervisors
NORMAN A.KANOLD BRAD MITZELFELT....................First District NEIL DERRY................................Third District
Assistant County Administrator PAUL BIANE.......................Second District GARY C.OVITT............................Fourth District
Public and Support JOSIE GONZALES.........................Fifth District
Services Group