HomeMy WebLinkAbout2010-236
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RESOLUTION NO. 2010-236
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
3 SOLUTION NO. 2009-356 AUTHORIZING EXECUTION OF A COOPERATIVE
GREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF
4 IGHLAND FOR REHABILITATION OF PACIFIC STREET, FROM PERRIS HILL
5 ARK ROAD TO VICTORIA AVENUE (SS08-28).
6 WHEREAS, on November 16, 2009, the Mayor and Common Council adopted
7 eso1ution No. 2009-356 authorizing the execution of a Cooperative Agreement with the County
8 f San Bernardino and the City of Highland for Rehabilitation of Pacific Street from Perris Hill
9 ark Road to Victoria Avenue (SS08-28).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AS FOLLOWS:
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SECTION 1: Section 2 of Resolution No. 2009-356 is hereby amended to read as
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follows: "The authorization to execute the above-referenced agreement is rescinded if the parties
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to the agreement fail to execute it within three-hundred-sixty-five (365) days of the passage of
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Resolution No. 2009-356".
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2010-236
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint
ommon Council of the City of San Bernardino at a regular meeting thereof, held on the
SOLUTION .., AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
ITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR
HABILITATION OF PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO
CTORIA AVENUE (SS08-28).
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6th day of
July
,2010, by the following vote, to wit:
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12 SHORETT
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ounci1 Members:
AYES
NAYS
ABSTAIN ABSENT
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x
ESJARDINS
----1L
x
KELLEY
x
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x
JOHNSON
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MC CAMMACK
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Q~.&.~
CitYclerk
The foregoing resolution is hereby approved this P 77f day of July
,2010.
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Morris,
an Bernardino
Approved as to form:
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JAMES F. PENMAN,
City Attorney
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RESOLUTION NO. 2009-356
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF
4 PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO VICTORIA AVENUE
5 (SS08-28).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City, a Cooperative Agreement between the County of San
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Bernardino, the City of Highland and the City of San Bernardino for rehabilitation of Pacific
Street, from Perris Hill Park Road to Victoria Avenue (SS08-28) as shown in said 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 ninety (90) days of the passage of this
resolution.
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10 BAXTER
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JOHNSON
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JAMES F. PENMAN,
24 City Attorne
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2009-356
1 RESOLUTION... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR
2 REHABILITATION OF PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO
3 VICTORIA AVENUE (S808-28).
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a reltular meeting thereof, held on the
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16th day of
Noyember
, 2009, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
x
x
BRINKER
x
SHORETT
x
KELLEY
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x
MCCAMMACK
x
Q~ /~. ~
City Clerk
"fj-
The foregoing resolution is hereby approved this K. day of November, 2009.
Approved as to form:
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ATTACHMENT "A"
.x. New Vendor Code Dept. Contract Number
- Change SC TRA A
Cancel
County Department Dept. Orgn. Contraetor's License No.
Public Works - Transportation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
Brendon Biaas 9O9 387-8166 $830,045
Contract Type
o Revenue IX] Encumbered 0 Unencumbered 0 Olhec
If not encumbered or revenue contrad type, provide reason:
Commodity Code Icontract Start Date Contract End Date Original Amount This Amendment
Fund Dept. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Orig. Amount
SM TRA TRA 200 2445 14HA0224 830 045
Fund Dept. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Orig. Amount
Fund Dept. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Orig. Amount
Project Name Estimated Payment Total by Fiscal Year
Pacific Street FV Amount lID FY Amount 110
ImDrovements 09/10 $830,045 I
- -
Contract Type - Special - -
(Risk Management Approved)
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 HIGHLAND
Address
27215 BASE LINE STREET
HIGHLAND. CA 92346
Telephone Federal 10 No. or Social Security No.
(909) 864-6861
hereinafter called:
HIGHLAND
and
Name
CITY OF SAN BERNARDINO
hereinafter called:
SAN BERNARDINO
Address
300 NORTH D STREET
SAN BERNARDINO. CA 92418
Telephone Federal 10 No. or Social Security No.
(909) 384-5179
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the COUNTY OF SAN BERNARDINO (COUNTY), the CITY OF HIGHLAND
(HIGHLAND), and the CITY OF SAN BERNARDINO (SAN BERNARDINO) desire to cooperate and jointly
participate in a project to rehabilitate Pacific Street, from Perris Hill Park Road to Victoria Avenue
(hereinafter referred to as PROJECT); and
.
Auditor I Controller - Re<:order UB On/
[] Contract Databa.. [] FAt
Input Date Keyad By
Page 1 of 8
WHEREAS, the PROJECT scope of work is defined in the proposal submitted by Engineering
Resources of Southern California, Inc. to the City of Highland, as set forth in Exhibit "C", attached hereto
and incorporated herein by reference; and
WHEREAS, for the purposes of PROJECT construction, the PROJECT is partially (34%) within the
unincorporated area of the COUNTY and partially (23.3%) within the incorporated area of HIGHLAND, and
partially (42.7%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit to the
COUNTY, HIGHLAND, and SAN BERNARDINO; and
WHEREAS, the PROJECT development costs, which include design and environmental
processing, will be shared proportionately by the parties, based upon the PROJECT jurisdictional area
percentages identified in Exhibit "A", and the PROJECT construction costs shall be paid by the parties,
based on where the work occurs (therefore, for PROJECT construction costs, each party is only required
to pay for construction work that occurs within its jurisdiction); and
WHEREAS, the total PROJECT cost, which includes PROJECT development and construction
costs, is estimated to be $2,467,230. The COUNTY's share of PROJECT cost is estimated at $830,045
and HIGHLAND's share of PROJECT cost is estimated at $581,397 and SAN BERNARDINO's share of
PROJECT cost is estimated at $1,055,788, as more particularly set forth in Exhibit "A", attached hereto
and incorporated herein by reference; and
WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will be
from anticipated COUNTY Proposition 42 funds, HIGHLAND Proposition 1 B and local funds, and SAN
BERNARDINO Proposition 1 B and Proposition 42 funds; and
WHEREAS, COUNTY, HIGHLAND and SAN BERNARDINO desire to set forth responsibilities and
obligations of each as they pertain to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 HIGHLAND AGREES TO:
1.1 Act as the Lead Agency in the design and construction of the PROJECT.
1.2 Provide plans, specifications, construction engineering, and an itemized cost estimate for the
PROJECT for COUNTY and SAN BERNARDINO's prior review and approval. The itemized
PROJECT cost estimates shall be listed for each Agency.
1.3 Construct the PROJECT by contract in accordance with the plans and specifications of
HIGHLAND, which have been reviewed and approved by COUNTY and SAN BERNARDINO, and
the Caltrans Design Manual, 20 year design life (COUNTY) and 15-year design life (HIGHLAND
and SAN BERNARDINO), to the satisfaction of and subject to concurrence of the COUNTY and
SAN BERNARDINO.
1.4 Construction by HIGHLAND of improvements referred to herein which lie within COUNTY and
SAN BERNARDINO rights-of-way or affect COUNTY and SAN BERNARDINO facilities, shall
not be commenced until HIGHLAND's original contract plans involving such work and plan for
utility relocation have been reviewed and approved in writing by COUNTY and SAN
BERNARDINO personnel and until such an encroachment permit to HIGHLAND authorizing
such work has been issued by the COUNTY and SAN BERNARDINO.
1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the
entire PROJECT limits.
1.6 Obtain a no-cost permit from COUNTY and I or SAN BERNARDINO for work within the COUNTY
and I or SAN BERNARDINO's right-of-way.
1.7 Advertise, award, administer, and initially fund the construction of the PROJECT, in accordance
with the California Public Contract Code applicable to counties and require, as well as enforce,
HIGHLAND's contractors to comply with all applicable laws and regulations, including Labor Code
sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages. HIGHLAND
shall indemnify, defend (with counsel reasonably approved by COUNTY and SAN BERNARDINO),
Page 2 of 8
Coop Agreement- Pacific Street HA0224
and hold harmless COUNTY and SAN BERNARDINO and their officers, employees, volunteers,
and agents from any and all claims, actions, losses, damages, and/or liability arising out of
HIGHLAND's obligations set forth in the paragraph.
1.8 HIGHLAND shall require all contractors and vendors working on the PROJECT to have
appropriate and adequate insurance coverage for the mutual protection and benefit of the parties.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s} with
HIGHLAND's contractors or subcontractors for the PROJECT and maintain adequate records of
inspection and materials testing for review by COUNTY and SAN BERNARDINO. HIGHLAND
shall provide copies of any records of inspection and materials testing to COUNTY and SAN
BERNARDINO within ten (10) days of HIGHLAND's receipt of written demand from COUNTY
and/or SAN BERNARDINO for such records. This shall be included as a PROJECT cost.
1.10 Pay its share of PROJECT costs. The PROJECT costs shall include the cost of PROJECT
design, construction and construction engineering. HIGHLAND's share of the PROJECT costs
is estimated at $581,397. HIGHLAND shall be responsible for the sum of $581,397, plus its
proportionate share of any PROJECT cost increases pursuant to paragraph 4.7 below. For
purposes of this paragraph and paragraphs 2.1 and 3.1, PROJECT costs shall be shared as
follows: PROJECT development costs, which include design and environmental processing cost,
will be shared proportionately by the parties based upon the PROJECT jurisdictional area
percentages identified in Exhibit "A", and the PROJECT construction costs shall be paid by the
parties, based on where the actual work occurs (therefore, for PROJECT construction costs, each
party is only required to pay for construction work that occurs within its jurisdiction).
1.11 Submit to the COUNTY and SAN BERNARDINO an itemized accounting of actual PROJECT
costs incurred by HIGHLAND to date and which have not already been paid by the COUNTY
and SAN BERNARDINO, and a statement for COUNTY and SAN BERNARDINO's
proportionate share of the PROJECT costs as provided herein. Costs shall be amended
following COUNTY, HIGHLAND and SAN BERNARDINO acceptance of the final construction
cost accounting.
1.12 Include compliance with any applicable requirements of the California Environmental Quality Act
(CEQA), Califomia Public Resources Code section 21000 et. seq, as well as completing the
required CEQA documentation.
1.13 HIGHLAND shall accept all payments from COUNTY via electronic funds transfer (EFT)
directly deposited into the HIGHLAND's designated checking Dr other banking account.
HIGHLAND shall promptly comply with directions and accurately complete forms provided by
COUNTY required to process EFT payments.
1.14 Operate and maintain those portions of the PROJECT within the incorporated area of HIGHLAND,
in accordance with HIGHLAND's regulations, policies and procedures after COUNTY's, SAN
BERNARDINO's and HIGHLAND's acceptance of the construction contract work.
2.0 SAN BERNARDINO AGREES TO:
2.1 Pay its share of the PROJECT costs to HIGHLAND. The PROJECT costs shall include the cost of
PROJECT design, construction and construction engineering. SAN BERNARDINO's share of the
PROJECT costs is estimated at $1,055,788.
2.2 Reimburse HIGHLAND for SAN BERNARDINO's share of PROJECT costs, including SAN
BERNARDINO's proportionate share of any PROJECT increases pursuant to paragraph 4.7
below, within thirty (30) days after receipt of an itemized statement, as set forth in paragraph 1.11
of this Agreement, setting forth all actual PROJECT costs incurred by HIGHLAND to date and
which have not already been paid by SAN BERNARDINO or COUNTY, together with adequate
documentation of said expenditures.
2.3 Pay for that portion of the COUNTY's PROJECT costs related to PROJECT area that was located
in the unincorporated region of COUNTY on the effective date of this Agreement, but later
annexed to SAN BERNARDINO during the term of this Agreement.
2.4 Provide a no-cost permit to HIGHLAND for its work within SAN BERNARDINO's right-of-way.
2.5 Operate and maintain those portions of the PROJECT within the incorporated area of SAN
BERNARDINO, in accordance with SAN BERNARDINO's regulations, pOlicies and procedures
after HIGHLAND's, SAN BERNARDINO's and COUNTY's acceptance of the construction contract
work.
Coop Agreement - Pacific Street HA0224
Page 3 of 8
3.0 COUNTY AGREES TO:
3.1 Pay its share of the PROJECT costs to HIGHLAND, except as noted in paragraph 2.3. The
PROJECT costs shall include the cost of PROJECT design, construction and construction
engineering. COUNTY's share of the PROJECT costs is estimated at $830,045.
3.2 Reimburse HIGHLAND for COUNTY's share of PROJECT costs, including COUNTY's
proportionate share of any PROJECT increases pursuant to paragraph 4.7 below, within thirty (30)
days after receipt of an itemized statement, as set forth in paragraph 1.11 of this Agreement,
setting forth all actual PROJECT costs incurred by HIGHLAND to date and which have not already
been paid by COUNTY or SAN BERNARDINO, together with adequate documentation of said
expenditures.
3.3 Provide a no-cost permit to HIGHLAND for its work with COUNTY's right-of-way.
3.4 Operate and maintain those portions of the PROJECT within the unincorporated area of the
COUNTY, in accordance with COUNTY regulations, policies and procedures after HIGHLAND's,
SAN BERNARDINO's and COUNTY's acceptance of the construction contract work.
4.0 IT IS MUTUALLY AGREED:
4.1 COUNTY agrees to indemnify, defend (with counsel approved by HIGHLAND and/or SAN
BERNARDINO) and hold harmless HIGHLAND and SAN BERNARDINO, their officers,
agents, volunteers from any and all claims, actions or losses, damages, and/or liability
resulting from the COUNTY's negligent acts or omissions which arise from COUNTY's
performance of its obligations under the Agreement.
4.2 HIGHLAND agrees to indemnify, defend (with counsel approved by COUNTY and/or SAN
BERNARDINO) and hold harmless COUNTY and SAN BERNARDINO, their officers, agents,
volunteers from any and all claims, actions or losses, damages, and/or liability resulting from
HIGHLAND's negligent acts or omissions which arise from HIGHLAND's performance of its
obligations under the Agreement.
4.3 SAN BERNARDINO agrees to indemnify, defend (with counsel approved by COUNTY and/or
HIGHLAND) and hold harmless COUNTY and HIGHLAND, their officers, agents, volunteers
from any and all claims, actions or losses, damages, and/or liability resulting from SAN
BERNARDINO's negligent acts or omissions which arise from SAN BERNARDINO's
performance of its obligations under the Agreement.
4.4 In the event the COUNTY and/or HIGHLAND and/or SAN BERNARDINO is found to be
comparatively at fault for any claim, action, loss or damage which results from their respective
obligations under the Agreement, COUNTY and/or HIGHLAND and/or SAN BERNARDINO shall
indemnify the other to the extent of its comparative fault. This shall have no application to any
pending suit that may exist at the time of the execution of this Agreement. Furthermore, if the
COUNTY or HIGHLAND or SAN BERNARDINO attempts to seek recovery from the other for
Workers' Compensation benefits paid to an employee, the COUNTY or HIGHLAND or SAN
BERNARDINO agree that any alleged negligence of the employee shall not be construed
against the employer of that employee.
4.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its
own costs, including attorneys' fees. This paragraph does not apply to costs or attorneys' fees
relative to paragraphs 4.1, 4.2, 4.3 and 4.4 relating to indemnification.
4.6 The COUNTY, HIGHLAND and SAN BERNARDINO are wholly or partially 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, HIGHLAND and SAN
BERNARDINO's performance of this Agreement.
4.7 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of
PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change
orders, or arising from unforeseen site conditions, including Utility relocation (but not from
requested additional work by HIGHLAND, SAN BERNARDINO or COUNTY, which is addressed in
paragraph 4.8 below) over the estimated total of PROJECT cost of $2,467,230 (which is the sum
of $830,045 from COUNTY, $581,397 from HIGHLAND, and $1,055,788 from SAN
Coop Agreement- Pacific Street HA0224
Page 4 of 8
BERNARDINO}, 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 PROJECT.
4.8 If COUNTY, HIGHLAND or SAN BERNARDINO 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 HIGHLAND shall notify SAN BERNARDINO and COUNTY of the bids received and the amounts
thereof. Within ten (10) days thereafter, COUNTY, HIGHLAND and SAN BERNARDINO shall
determine the cost of the PROJECT. In the event that either Party intends to cancel this
Agreement based upon the bids or amount thereof, said Party shall notify the other Parties prior to
the awarding of a contract so as to avoid detrimental reliance by any potential contractor.
4.10 If, upon opening of bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT
costs will occur, HIGHLAND shall not award any contracts for the PROJECT. Rather the
COUNTY, HIGHLAND and SAN BERNARDINO 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 The COUNTY, HIGHLAND and SAN BERNARDINO shall provide a qualified representative, who
shall have the authority to discuss and resolve issues concerning the PROJECT. Said
representative must be able to resolve issues in a timely manner. In the event that change orders
are required during the course of the PROJECT, said change orders must be in form and
substance as set forth in attached Exhibit "B" of this Agreement and approved by all Parties.
Contract Change Order forms will be delivered by fax and must be returned within two (2) working
days.
4.12 COUNTY, HIGHLAND and SAN BERNARDINO shall comply with the following provisions related to
the American Recovery and Reinvestment Act of 2009:
Use of ARRA Funds and Requirements . This Contract may be funded in whole or in part
with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"),
signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alteration, maintenance or repair of a public building or
public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured
goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A
waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured
goods are not produced in the United States in sufficient and reasonable quantities and of a
satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the
domestic preference would be inconsistent with the public interest. This is referred to as the
"Buy American" requirement. Request for a waiver must be made to the County for an
appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to ARRA shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage
rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage
rate requirements. Contractor must contact the County contact if it has any questions
regarding the applicability or implementation of the ARRA Buy American and wage rate
requirements. Contractor will also be required to provide detailed information regarding
compliance with the Buy American requirements, expenditure of funds and wages paid to
employees so that the County may fulfill any reporting requirements it has under ARRA. The
information may be required as frequently as monthly or quarterly. Contractor agrees to fully
cooperate in providing information or documents as requested by the County pursuant to this
provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract.
Coop Agreement - Pacific Street HA0224
Page 5 of 8
Contractor may also be required to register in the Central Contractor Registration (CCR)
database at httD:/Iwww.ccr.oov and may be required to have its subcontractors also register in
the same database. Contractor must contact the County with any questions regarding
registration requirements.
Schedule of expenditure of Federal Awards - In addition to the requirements described in
"Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA
expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit
Organizations." This identification on the SEFA and SF-SAC shall include the Federal award
number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that
separate accountability and disclosure is provided for ARRA funds by Federal award number
consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the
time of sub-contract and at the time of disbursement of funds, the Federal award number, any
special CFDA number assigned for ARRA purposes, and amount of ARRA funds.
Contractor may be required to provide detailed information regarding expenditures so that the
County may fulfill any reporting requirements under ARRA described in this section. The
information may be required as frequently as monthly or quarterly. Contractor agrees to fully
cooperate in providing information or documents as requested by the County pursuant to this
provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract.
4.13 This Agreement may be cancelled upon thirty (30) days written notice of any Party, provided
however, none of the Parties may cancel this Agreement after HIGHLAND awards 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 based on actual work performed within each Party's jurisdiction.
4.14 Except with respect to the Parties' operation, maintenance and indemnification obligations
contained herein, this Agreement shall terminate upon completion of the PROJECT and payment
of final billing by the SAN BERNARDINO and COUNTY for their share of the PROJECT.
4.15 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 all Parties.
4.16 This Agreement shall be govemed by the laws of the State of Califomia. Any action or proceeding
between the COUNTY, SAN BERNARDINO and HIGHLAND conceming 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 tried in the appropriate state court in the
County of San Bernardino, California.
4.17 Time is of the essence for each and every provision of this Agreement.
4.18 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.
4.19 No waiver of any default shall constitute a waiver of any other default or breach, 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.
4.20 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the
purpose of this Agreement is frustrated.
Coop Agreement- Pacific Street HA0224
Page 6 of 8
4.21 This Agreement may be signed in counterparts, each of which shall constitute an original.
4.22 This Agreement will be effective on the date it is signed by all parties.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of all Parties.
11/
III
Coop Agreement- Pacific Street HA0224
Page 7 of 8
WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
COUNTY OF SAN BERNARDINO
CITY OF HIGHLAND
(Print or type name of corporation, company, contractor, etc.)
~
Gary C. Ovitt, Chairman, Board of Supervisors
By ~
Penny Lilbum, Mayor-(sign in blua ink)
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch
Clerk of the Board of Supervisors
of the County of San Bernardino.
Name
(Print or type nama of person signing contract)
Title
(Print or Type)
Dated:
By
Address
Deputy
CITY OF SAN BERNARDINO
(Print or type name of corporation, compeny, contractor, etc.)
~
By ~
(Authorized signature - sign in blue ink)
Name
Char/es E. McNeelv
(Print or type name of person signing contract)
Title
City Manaaer
Dated:
Address
300 N. '0" Street
San Bemardino. CA 92418
Approved as to form:
James F. Penman, City of San Bernardino City Attorney
Approved as to legal Fonn
Reviewed by Contract Compliance
Presented to BOS for Signature
~
County Counsel
~
~
Department Head
Date
Dale
Date
Coop Agreement- Pacific Street HA0224
Page 8 of 8
EXHIBIT A
ESTIMATE OF PROJECT COSTS
FOR COUNTY OF SAN BERNARDINO/CITY OF HIGHLAND/CITY OF SAN BERNARDINO
FOR PACIFIC STREET
IN THE HIGHLAND AND SAN BERNARDINO AREAS
DESCRIPTIDN PHASE DF TOTAL COUNTY OF %OF CITY OF SAN %OF CITY OF %OF
WORK COST OF SAN PROJECT BERNAROINO PROJECT HIGHLAND PROJECT
PROJECT BERNARDINO COUNTY SAN HIGHLAND
SHARE BERNARIDNO
PAVEMENT DESIGN $83,730 $18,421 22% $31,518 48% $25,7113 32%
REHABILITATION
CONSTRUCTION $2,274,800 $774,700 34% $970,900 42.7% 9629,300 23.3%
PACIFIC STREET
FROM PERRIS
HILL PARK RD TO CONSTRUCTlDN $108,800 $31,924 34% $48,372 42.7% 25,304 23.3%
VICTORIA ENGINEERING
AVENUE
TOTAL $2,487,230 $830,045 33.8% $1,051.788 42.8% $581,397 23.8%
PROJECT costs may be increased or decreased
based on accepted contractor's bid.
EXHIBIT B
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
PACIFIC STREET
COUNTY OF SAN BERNARDINO CONTRACT #
File: HA0224
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of
Highland, City of San Bemardino and County of San Bernardino for the above project and the following shall apply:
DATE OF COUNTY OF SAN BERNARDINO ACTION: --!--!_
o APPROVED for Implementation with 100% Participation by COUNTY OF SAN BERNARDINO
o APPROVED Subject to Commenl5lRevisions Accompanying This Document
o APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO
o % of Actual Cost to be funded by COUNTY OF SAN BERNARDINO
o COUNTY OF SAN BERNARDINO Participation Not to Exceed $
o DISAPPROVED -Not AcceDtable to COUNTY OF SAN BERNARDINO
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 increese the total
financIal partIcIpatIon beyond that prescribed In the exIsting CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO and
CITY OF SAN BERNARDINO agreement 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
SIGNED:
TITLE:
Distribution:
Signed Original Retumed to Resident Engineer (FAX # 909-862-3180)
Signed Original for CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO File
Signed Original for CITY OF HIGHLAND File
EXHIBIT C
Engineering Resources of Southern California, Inc.
Proposal (see attachment)
F: DI~ tp)ODI
.l& 4- ~
R HGIHEERING
ESOURCES
Of sm.a CIIIU......
EXlUBIT "C"
03017159
December 9, 2008
I;}ennis Barton, Assistant Public Works Director
City of Highland
27215 Base Line
Highland, CA 92346
SUBJECT: PACIFIC STREET PAVEMENT REHABILITATION, PROJECT NO.
0la09001 - REVISED FINAL PROPOSAL
Dear Dennis:
In response to the City's request, Engineering Resources of Southern California, Inc.,
(ERSC) hereby submits our revised and final proposal for engineering services concerning the
City's proposed Pacific Street Pavement Rehabilitation Project.
Project being undertaken by the City involves pavement rehabilitation anticipated to include
pulverization, AC removal and replacement, cold planing and inlay, cold planing at pavement
edges, and overlay for Pacific Street from Church Avenue in the City of Highland to Perris
Hill Park Road in the City of San Bernardino, a distance of approximately 18,500 linear feet
or 3.5 miles. Handicap ramps will be constructed where needed at existing sidewalks and
badly cracked curb and gutter replaced. The street crosses two additional jurisdictional I
boun<laries, that of the County of San Bernardino and the City of San Bernardino. The CitY of
Highland has been designated and will act as the lead for the project, however. I
Pacific Street is bounded by standard curb and gutter from Perris Hill Park Road to Orange
Street in the City of Highland. From Orange to Church Avenue, the street is largely without
standard curb and gutter, edged with high or low curb or AC berm, only, or neither.
Preliminary budget estimate for the entire project is $1,756,000 including contingencies.
Funding for the work will be provided by the City as well as the County of San Bernardino
and City of San Bernardino for the portion of work within their respective jurisdictions.
Deflection measurements, coring and lab analyses, and resulting pavement rehabilitation'
recommendations have been received from the County.
1820 (OMMIICUlIl (IICII
SAN 8nNAIOINO, (A 92408-3430
(909) 890.1255
(909) 890-0995 fAX
03017159
Dennis Barton, Assistant Public Works Director
December 9, 2008
Page 2
Area of Pacific Street within County jurisdiction extends from Perris Hill Park Road to
Sterling Avenue, but for the most part only to one-half the street. It has been indicated that the
County desires to pulverize the AC pavement and, either use as base and pave over with hot
mix asphalt (HMA), or to pave upon native material with HMA and overlay with rubberized
HMA (RHMA). The County's Pavement Management Section has proposed alternative
construction methods and sections for the portion within their control. Pulverization and
construction per the County's proposed methods will, therefore, be considered as an
alternative method for the entire portion.
It is assumed that in areas pulverized, new pavement is to be constructed to a cross slope of
1.5 to 2.0 percent. Existing cross slope is unknown, but likely varies from the desired section
and, in any case, upon pulverization and stockpiling of AC and excavation and removal of
native material, the cross slope will be disturbed. However, the subgrade can with relative
ease then be regraded to the desired cross section with the Contractor or the City responsible
to set control. .
Thus for design, it is assumed that no cross sectioning survey will be required as the desired
paved section in areas to be pulverized can be achieved as described above.
SCOPE OF SERVICES
Engineering services will be undertaken by a team led by ERSC for conduct of field
investigation and measurements followed by preparation of documents required for bidding
and construction, that is, plans, specifications, and estimates. Services proposed to be
completed, then, are as follows.
1. Conduct scoping and planning meetings with the three agencies at the
preliminary design stage to review preliminary findings, and observations,
proposed approach and to receive guidance regarding rehabilitation strategies
and criteria.
2. Notify utility companies and seek, review, and utilize utility records submitted
to ERSC as a result of ERSC's notification. Procure record street
improvement plans from ail three agencies.
3. Compile assessors maps for the route and input street address numbers on each
lot for use by pavement inspectOr( s} in locating and defining specific
rehabilitation needs. Addresses are also useful in identifying exact location for
remarking at time of construction.
03017159
Dennis Barton, Assistant Public Works Director
December 9,2008
Page 3
4. Prepare base plan sheets for Pacific Street, :I: four sheets anticipated at a scale
of 1" = 60' or perhaps I" = 40' for areas without curb and gutter. County GIMS
digital file, record street improvement plans, and aerial photo Obtained from the
City of San Bernardino Municipal Water Department will be used in
preparation of the base sheets with accuracy limited to the information shown
on those sheets. Availability and use of the City's aerial photo has the
advantage of showing existing pavement limits, curb and gutter, and striping.
To the base sheets will be added parcel addresses and right-of-way lines, as
well as valve covers and visible utility features.
5. Retain and utilize a subconsultant, CAL-WEST Consultants, to I} field review
and determine pavement conditions, and 2) mark areas for asphaltic concrete
removal and replacement, and indicate on ERSe-prepared assessors maps or
base sheets, the AC R&R locations and measurements which will be referenced
by street address.
CAL- WEST staff will measure length and width of the street at various
locations which will provide the basis for street pavement area calculations.
CAL-WEST will also identify and recommend methods to resolve high quarter
crown and/or low centerline crown areas. Identification to be accomplished by
field observation supplemented with limited cross-section survey. It is
anticipated that corrective measures may include cold milling, additional AC
pavement thickness or a combination of measures.
CAL- WEST will also obtain asphaltic concrete cores, conduct lab analyses,
and recommend structural section for R&R areas.
6. CAL- WEST Consultants will also evaluate a minimum of two alternative
pavement rehabilitation techniques, e.g. conventional and rubberized asphaltic
concrete, and make recommendations for the work and submit and summarize
in a letter report. Analysis by CAL- WEST will include comparative cost
estimates for each alternate. CAL- WEST will utilize deflection test results
completed by the City and sampling, lab analyses, and preliminary
recommendations by the County for the portion from Perris Hill Park Road to
Sterling A venue in deriving and evaluating alternative rehabilitation
techniques.
03017159
Dennis Barton, Assistant Public Works Director
December 9, 2008
Page 4
It is our understanding that each Agency will provide the traffic index for their
portion of the pavement rehabilitation. Pavement design is to be for a 10-year
or 20-year design life.
7. ERSC staff will inspect and detennine prospective locations at which handicap
ramps (HCR) are needed in existing sidewalks, limited to locations where none
exist, that is, no upgrade of existing substandard. Candidate sites will be
submitted for final decision. Sketches will be prepared of field conditions from
which detail plans will be prepared on 8Y." x 11" sheets for each site, four
preliminarily identified, two in the City of Highland, southeast corners of Cole
Avenue and Palm Avenue, and two in the City of San Bernardino, southwest
corners of Central A venue and V alaria Drive. Standard to be used will be as
identified by the controlling jurisdiction.
8. It appears that right-of-way acquisition will likely be required for the two
HCRs in Highland. Right-of-way plats and legal descriptions will be prepared
for the right-of-way acquisition at the two locations in Highland for use by the
City in acquisition. Legal descriptions will be prepared without the use oftitle
reports as is Highland's practice.
9. It is.noted that at the Central Avenue HCR site in the City of San Bernardino,
there is an underwalk drain which will need to be rerouted. Field survey will be
conducted to gather needed infonnation, if required.
10. ERSC field inspector will, as needed, also locate or verify utility valve covers,
manhole covers, vaults, striping and marking, and signal detector loops.
Inspector and/or engineer will identify and measure failed curb and gutter for
replacement. During this field inspection, gutter-to-gutter width will be spot-
checked to verify record plan infonnation.
11. ERSC staff will utilize the alternative rehabilitation methods/recommendations
suggested by CAL. WEST and the comparative costs presented to develop
preliminary construction cost estimates for the alternatives segregated by
jurisdiction, which will be compared to budget amount for each agency.
Findings will be submitted in a letter report to the agencies and a meeting
convened to review and finalize rehabilitation techniques to be used for final
design documents.
12. With infonnation obtained from the CAL- WEST field inspection, their letter
report of findings and recommendations, input and guidance from the three
03017159
Dennis Barton, Assistant Publie Works Direetor
December 9,2008
Page 5
agencies, and ERSC field inspections, ERSC staff will then prepare final plan
sheets, multiple plan strips per sheet, at a scale of I" = 60', or larger in some
areas. On the plan sheets will be shown areas of AC pulverization, AC
removal and replacement as identified by CAL-WEST, cold plane, cold plane
and inlay, and overlay by type, curb and gutter replacement, valve and manhole
covers, vaults, raised pavement markers, marking and striping replacements,
and detector loop replacements required. Area in square feet of AC removal
and replacement, and cold plane and inlay, will be identified at each location
on the plan sheet.
Areas and methods to address and resolve high quarter crown and/or low
centerline crown areas will be identified and quantified, if possible, on the
plans.
13. Prepare cover sheet and general sheet to include street location map,
jurisdictional boundaries, general construction notes, legend, and sheet index.
14. Prepare quantity and cost estimates for the various pavement and street
rehabilitation improvement treatments, segregated by jurisdiction, that is the
City of Highland, City of San Bernardino, and County of San Bernardino.
Quantities and cost estimates will be checked for accuracy and provided to
each agency for review.
15. Prepare specification document which will include General Conditions,
contract documents, Special Provisions, insurance requirements of the City and
County of San Bernardino, as well as detailed bid schedule in a format
previously used for similar projects in the City.
16. Submit second and final notices to utility companies to inform them of the
locations of the work and schedules, and incorporate any utility requirements
into the bid documents. Utility companies will be alerted of the need to
identify buried facilities with shallow cover in areas of AC R&R and where
pulverization is proposed.
11. Conduct project management throughout the design and the document
preparation process which will include coordination with the City of Highland.
Coordination will also include review and/or presentation meetings to the City
of San Bernardino and County of San Bernardino representatives as scheduled
and arranged by the City of Highland.
03017159
Dennis Barton, Assistant Public Works Director
December 9,2008
Page 6
18. Conduct bid period assistance which will consist of reproduction of 25 copies
of plans and specifications, placement of advertisement in trade journals,
responding to questions during the bid period, preparation of addenda as
required, attendance at bid opening, and bid review and tabulation.
PROPOSED FEES
ERSC will complete the services described in Task Nos. I through 18 to result in completion
of contract documents suitable for approval, bidding, and construction of the pavement
rehabilitation project for Pacific Street for a not-to-exceed fee oU83,730. Included in this fee
are amounts for geotechnical, and limited field survey services. Included within this total is an
amount of$2,764 allocated to survey and design for HCR's within the City of San Bernardino.
Reimbursement for ERSC's services will be in accordance with the current hourly rate
schedule. Spreadsheet detailing the breakdown and composition of our estimate and tasks for
proposed work accompanies this letter as well as a copy of the proposal from CAL-WEST
Consultants. Fee for survey is an estimate by ERSC. The finn of Precision Surveyors will be
used if required.
PROJECT SCHEDULE
Preliminary schedule accompanies, with approximately six months shown to be required for
conduct of the project from date of authorization to readiness for bid, including time for
meetings and review of submittals to receive input of the several agencies involved. This
completion projection will allow bidding in mid-2009 as desired by the City.
Should there be any questions concerning our proposal, please contact me.
JGE:ma
enc.
S:\Highland, City ot\OJOI7159\proposal-revised.wpd
Page 1 of 1
"
John Egan
From: RONALD CARDUCCI [rcarducci@cal-west.com]
Sent~ luesday, December 09, 2008 2:24 PM
To: John G. Egan
Subject: Pacific Street Cost Estimate
John:
12/9/2008
EAL-
WEST
Construction Materials Engineers
Testing & Inspection
A Divisioll of Met/illl, Art/goll Geotechnical, fllc.
CALIFORNIA. NEVADA
July 1, 2008
IN 245~lhIYRP
Engineering Resources of Southern California, Inc.
1820 Commercentcr Circle '
San Bernardino, CA 92408
ATTN:
Mr. Jobn G. Egan, P.E.
RE: Pacific Street Rehabilitation Project (Cities of Highland and San
Bemardiuo, County of San Bernardino)
Proposal to Prepare Pavement Rehabilitation Recommendations
Dear John:
In accordance with the proposal information received from your office, we are
pleased to submit this proposal to perform a pavement evaluation and prepare
rehabiJitationrecommendatiDns for Pacific Street, from Perris Hill Park Road in
the City of San Bernardino to Church A venue in the City of Highland. We have
reviewed the project site. It is proposed to rehabilitate approximately 17,800
lineal feet or 3.37 miles.
We have been requested to provide recommendations for a ten year design and a
twenty year design with rehabilitation altemates for conventional AC (HMA) and
rubberized Asphalt (RAC). On a project of this magnitude, the Caltrans
Rehabilitation procedure with deflection testing is a highly desirable approach. A
deflection criterion' lPves a more scientific approach to design. An alternative
approach using the Asphalt Institute Method relies on more subjective data and
less field data.
Rehabilitation projects gcnerally are designed on a ten year basi,S. To extend a ten
year design to twenty years usually ends up as a complete. reconstruction of the
road. This is because the additional traffic loading of the second ten years
increases the design Traffic Index. .
Riverside County: 16801 Van Buren Boulevard. Riverside, CA 92504. Telephone (951) 776-0345 .
Fax (951) 776-0395
Affiliates In Most Major Cities
Engineering Resources of Southern California, [ne,
July 1,2008
Page 2
Our scope of services would be to perfOlm a field review of pacific Street,
identifying the number and extent of pavement deficiencies, and marking on the
pavement in white paint the areas of R&R. We would measure the length of the
project and measure 'the road width at various locations and identify possible
locations of cores for existing structural section thicknesses. Final core locations
would involve' a review of the deflection data. The length would be measured
with a roller tape.
,While in the field, we would sketch the locations of each of our field markings and
record the measurements. The physical location of each of the R&R areas would
be tied into an adjacent lot either by house number or other identification, which
will'match up with the assessor's maps that you give us.
In our office, we would sketch on maps you provide to us an outline of each repair
area,.. the recommended dimensions and its relationship to either curb ot' street
centerline. These maps would be included in our report. We would also provide a
tabulation of the repair areas giving the physical street address and the dimensions
and square footage. In turn, you would put on your plans the location and
dimensions of the repair atea.
We would' evaluate the deflection test results using Caltrans criteria and design the
structural section based on Structural Requirements, thickness to reduce reflective
cracking and rideability.
In our lab, we would measure the cores, evaluate subgrade soils with Sand.
Equivalent Tests and select representative samples for R- Value tests.
We will consider a minimum 0.10' standard overlay. Any additional thickness of
overlay would be based upon our field review and/or deflection test results. For
the structural section of R&R areas, we would consider a minimum '3" of asphalt
concrete on 4" of aggregate base. Our recommendation would be based on the
actual Traffic Index and R- V alueof the underlying soils. Consideration would be
given to crack repair and sealing, header cuts, grind and inlay 0.1 0' AC, and bump
grinding.
We will identify one or two at'eas where there is either a quarter crown or a low
centerline crown. We will draw cross sections and use them to develop a
recommendation.
We will prepare a preliminary evaluation including comparative construction cost
estimates for two alternatives. This construction cost estimate is .not a complete
CAL-WEST CONSULTANTS
Engineeriilg Resources of Southcrn California, Inc.
July I. i008
Page 3
cost estimate. We will only mclude the items directly related to pavement
rehabilitation. In preparing our cost estimate we will secure recent prices from
local contractors and use these prices as the basis for determining the cost to use in
. our construction COst. evaluation. We do not regularly compute quantities for
bidding on projects. The quantities we will use will be based on our evaluation of
. the site. and is not to be considered accurate for bidding ptlrposes, but will be llsed
as the. basic quantity for the alternatives in order thal'we can make a compallson.
These quantities will include computer-generated data and will not necessarily be .
based upon field measurements. Our construction cost estimate is not a complete
cost estimate.
When Our preliminary evaluation is completed. we would have a meeting with all
patties to the design to discuss rehabilitation alternatives.
FinaIly, we would review the proposed plans and specifications for the project and
provide our comments back to your office.
Our cost estimate to provide services 011 this project is $24,490. A copy of that
estimate is attached as Exhibit 1.
We can start OUr work upon receipt of your authorization and of the assessor's
maps from your office. We estimate it will take 13 weeks from the time we start
the work to the completion of our report. This could be affected by scheduling of
Deflection Testing and Team meetings and review times.
If you have any questions, please do not hesitate to contact this office.
Very truly yours,
~~~
Ronald F. Carducci, .P. E. .
. Materials Engineer..
, RFC: be\245J.J61 PRP Highland Pacltic SlrcetRchabi!ltntlon PI'Ojl,.'Ct
Attachments .
CAL-WEST CONSULTANTS
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R HOIHEERING
ESOURCES _
Of SIIIHUI tllJfIIIIII,".
03017159 (#12)
June 17,2009
Mr. Dennis Barton, Assistant Public Works Director
City of Highland
27215 Base Line
Highland, CA 92346
SUBJECT: PACIFIC STREET PA VEMENT REHABILITATION PROJECT,
PROJECT NO. 01a09001, CONSTRUCTION SERVICES PROPOSAL
Dear Dennis:
Engineering Resources of Southern California, Inc., (ERSC), hereby submits our proposal
for construction management and inspection services concerning the Pacific Street Pavement
Rehabilitation Project, Project No. 01a09001, Phase I, as requested by the City. To assist
ERSC in the inspection efforts, we will utilize personnel from the firm of CAL- WEST
Consultants, a Division of Aragon Geotechnical, Inc.
PROJECT DESCRIPTION
Project for which our construction services proposal is being made is that designated and
described as Phase I of the Pacific Street Pavement Rehabilitation Project, and extends from
Perris Hill Park Road in the City of San Bernardino, easterly to Victoria A venue, a disumce
of approximately 12,000 linear feet. The street right-of-way passes through three
jurisdictions, that of the City of San Bernardino, the County of San BernaTdino, and the City
of Highland. City of Highland, we understand will be the lead agency for the project.
Work as designed has been divided into three areas with differing construction techniques.
Area Nos, I and 2, Perris Hill Park Road to Sterling Avenue, will involve pulverization of
existing pavement, gfading and compaction of subgrade, and repaving with hot-mix asphalt
(HMA) and rubberized hot-mix asphalt (RHMA). Area No.3, extending from Sterling
Avenue to Victoria Avenue will entail construction by header cut cold planing, cold-in-place
recycling (CIR), some AC R&R, and overlay with RHMA. There will also be limited
amounts of concrete removal and replacement throughout the work. Asphaltic concrete
quantity is estimated at about 13,000 tons.
1820 (OMMEICINIEl (11Cll
SAN BEINAlDINO, CA 92408-3430
(909) 890-1255
(909) B90-0995 FAX
03017159 (#12)
Mr. Denni~ Barton, A~~istant Public Works Director
June 17,2009
Pa!:e2
Estimated cost for the project is $2,268,000 including a 15 percent contingency allowance.
An allowance of 50 working days is anticipated for the construction period. Of this, 40 days
are anticipated for actual pavement construction, the balance for striping, installation of
traffic loops and other miscellaneous work.
SCOPE OF SERVICES
Proposed construction services will involve contract administration and field inspection.
Contract administration will include award services, scheduling and conduct of pre-
construction meeting, preparation of weekly statement of days, and preparation of pay
estimates and contract change orders. Services will also include clarification and response to
contractor's request for information, attendance at meetings, site visits by the construction
services manager, review of contractor payroll submittals, and post construction services
including final pay estimate and recommendation for acceptance, and preparation of record
drawings. Project Manager will be the undersigned; Construction Services Manager for the
project will be Ms. Ella Pulce who served as project engineer during the design.
Inspection services for Area Nos. I and 2 will involve observation and monitoring of traffic
control measures, pulverization of the existing asphaltic concrete pavement, grading, and
compaction of the subgrade, construction of pulverized base in Area 2, and observation and
monitoring of the HMA and RHMA pavements, as well as miscellaneous concrete removal
and replacements.
Inspection services for Area 3 will involve observation and monitoring of traffic control
measures, AC removal and replacement, cold planing, CIR mix design and sample area
construction, final CIR process and RHMA overlay, as well as miscellaneous concrete
removal and replacements. Mr. George Herold, ERSC's Public Works Inspector for the City
will be responsible for observation and monitoring of traffic control measures, grading and
compacting of subgrade, construction of pulverized base, construction of asphaltic concrete
pavement and overlay, pavement striping, traffic loops reconstruction, and miscellaneous
concrete construction. Mr. Herold will also be responsible for assisting the Construction
Services Manager in measurement and preparation of quantity estimates for use in preparing
progress pay estimates.
In developing staffing requirements for the construction services, we have estimated the need
of about two hours per day for Project Manager andlor Construction Services Manager, plus
miscellaneous tasks and administrative/clerical. For field inspection, we estimate an average
of six hours per day plus miscellaneous tasks of 01:20 hours.
03017159 (#12)
Mr. Dennis Barton, Assistant Public Works Director
June 17,2009
Page 3
CAL- WEST Consultants will be responsible for review of contractor's submittals, the
CIR/AC mix design, Contractor CIR test and measurement test reports, field inspection!
monitoring of AC pulverization and gradation quality control, header cut cold planing, AC
R&R, and CIR construction. Also, the firm will conduct material sampling and compaction
testing of the subgrade, base materials, AC and CIR, and conduct any needed plant
monitoring of rubberized hot-mix asphaltic concrete preparation. CAL- WEST will also re-
mark the AC R&R areas in Area 3. Specifics ofCAL-WESTs services and estimated fee of
$51,028 are contained in that firm's proposal, copy enclosed. Their effort is allocated for the
anticipated 40-day pavement construction period. It also contains an allowance of 80 hours
for batch plant inspection.
,.
We do not anticipate the need nor have we proposed to conduct any field survey. It is our
understanding that the County will provide a list of centerline monuments to be encountered,
will tie-out those at risk and will reset and prepare the required documentation. Contractor
will be required to set centerline control to achieve the cross slope specified.
Proposed tasks, staffing requirements, and efforts required are indicated on the accompanying
spreadsheet. With this, estimated fee for the construction services proposed is $108,600.
Allocation of this estimate amount the three participants would be:
42.7%, or $46,372 for the City of San Bernardino
34%, or $36,924 for the County of San Bernardino
and 23.3%, or $25,304 for the City of Highland
We thank you for the opportunity of submitting ERSC's proposal for the services required to
complete the project. Should there be any questions, please contact the undersigned.
Very truly yours,
Jobn G. Egan, P.E.
Principal Engineer
JGE:ma
enc.
S:\Highland, City 01\030171 S9\consl mgml services proposal. wpd
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Construction Materials Engineers
Testing & Inspection
11 DivisitJll of M~dall, Aragtin CeOfi!c1jnic.til" !t'C.
CALJFORNTA . NEVAD'A
June 16~ 2:009
J1'q.5~O.JM,rR\,
Engineering Resour~es of Southern Cal iionna, Inc.
l,lil.20CoJl1merccnter Circle
San Bernardino, CA 92408
ATTN:
Mr. Jolln G. 'Egan. P.E.
R.8: Pl:'oPQsal for Public W ol"ks Inspection, Materials: Inspection,
'Testing and Engineering for Phase r
P'iicific St. Pavement .Rehabilitation
ProjectN.umber ola09001, Job Number 3"017.159
City of Highland, California
Dear John~
In. accordance with your Request for Proposal of June 12,2009, We have
. prepared tItis PtopoS'al to perforul the work Tf,lQuired in your RFP,
11: is our understanding that your inspectoi" willpcrtQtm all the basic
inspections for this pubUe works project. Out Ulspect:ors will perform
Public Works Inspection for t11(1' Cold. In Place-Recycling (CIR); Header
Cnts,and At Pulverization. This includes monitoring the Contractors
operations on the specific Item, keeping track of quantities, and
checking with the engipeer to resolve questions on the plans & specs,
This does not include inspecting allY other of the contractor's concurrent
operati.ons.
The attached cost estimate is based on a review of the plans and
specifications and our best estimate of the time need to perform the
services requested.
Rlversl<!e Co~nty: 16801 Van 8~ien BQ0levar<! . Riversi<!e; CA 92504 . T$lephqne. (951) 776'0345 . F.ax (95'1)
176-0395
Affiliates in Most Maj:or Citi'es
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Eng-ineer.ing Res.ources' of Southcm'Cnhfornia, 1m;;
June. 16, 2009
Page 2
I
OUfCb'stestimate fo provide the above des.eribed services on this. project - I
is $51,028, A copy of that estimate is attached as Exhibit I, I
We can start our work,upon receiptQfyo~lrauthorization.
If yo Ii have any questimis. please do not heSitate to contact this office..
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Very.truly yours,
.~ r;~ ~~
Ronald F', Carducci, P.E.
Materials Engineer
, I{:FC'; 'he'\254o.;,j61 PKJ> .eaelll( Slrcet.1Javemcnt Rehahllltatiun.,PhlJCct
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FEE SCHEDULE
MEDALL, ARAG6N.GE(irECHNICAt"I~.C. '(MAG). & CAL,WEST CONSULTANTS (.CWClprovidesconsulting services in the fields 01 soils
a:n~ fQund.atior;"Eujgih!3eri!ig, ehgiileerir;1g g'~olo.gy~ eacthquakeen~ineerin~., fa\.llt studies.,. mater,lal testing, grqQndwater geology CJ,nd
"environmental. studies. Compensation for serVices will be based on the: t0110wlng fee schedule...
'. . . ~.II & Aggr,gat... . .
.Cqmgaclion Te.tW di~Q)e/l!r mold}J.\JiTM.D 155'7'Meth!l<1'C $144..QO'
Com,PacUop Tesl'(4' dlQm, mold)ASTM D'1557,MellTod~A&B Sl~~.OO
Consolidation Tesl' - ASTM 0 ~431>- M'ethodA . . . . . . $200.00
Tillie :Consolida!ion- Test.(.pelin.aerTll!dt) $' 36.06
Direct Shear T'esqdrive.tobe.sarnple, . 51'60,OQ'
Direol-She~rT~Sl:{relTlQ(dfi!dsamp'eJ .. .., $190'00
afrect. SMear P'est'1re.$I~Q.al) .' ',. "''o' ,". . ,.,,", . ! ;_. '," \ ,.",. S20e.OO
,Ex~an~ion ]t)dex;:n~st.~,A~tM:o~a.29', ".' . _~.. . "; , .. . , , " S150~OO
HYelrom(!ter'Ancil~!fis"{exJ:luding:$ielJe)'_ A~TM D 4~, . , ". .;. ,. $200,00
Relative. Dehsity. oA'roslitS <... n... ,.. ........ "$I56.0tl
liquid:~imjt(L~}&"Plas!ic tJhifl.(p~~-AS1M 04318 ........... $120'.00
Sieve Malysi" (Fine.& Coarse}-MTMC 138 .... . .. . . . . .. .. 5120.00
MOi$;u,e,COnlsnt De"rmioati.on -,A;STM'D ~2,,16 . . . . . , , . . . ... , ,,' $ 11.00
M~isl~r"Oensity Tesl. ASTI.;j 02931. - . '" ... . . , . . . , $. 16,0'0
"R.>;Ia(ue Test (~~li.ate(lJ- c.\ ;res! 3010' /lSTM 2844 .' . ,,$i50 00
RNalue"Test (p'eatei!-l- CA Tos1301.0( ,",STM:2844 ,,, , $260.00
Sana equivalehi TeSt - dATesI211'. .. . . .." '." . . .. .. S 90,00'
5peciJic Gr.ayjty 8. Abst;:lrptlon 4 Fine . AST~. c; 128 . ' ,$ 80.:00
Sp.eeific;:G'ra.vio/&,At>!iQf.PliQI1 - OGarsec- ASTM C 1 '2]" $ 80 Q()
Sulfate-oont~n(TetJt. ,-',..,. ",,' , .; '$ 60'00
W~sh :sje"EI AnalysliJ <"200;si~lie'Of'ty* . ... ", . $- 60",00
Aosoliite,Speciffc6ra\ljly...Fihe-.CATesI208.. .'- $ 60"00
LigblwtllghtPioc,..."fAQ!l'e9.le:.ASTMt:'j23 "" . ...... $2bo.00
Clay ~UIJlPS; & Friable flartlclss - ASTM C 142 ".....".... ... ... $. 9b:.00
)'l.t.erEionQ.aled I'anldes.ASTMIH-7>91..... '. ,....... "'''' $130.00'
Per<<Oh~ Cf1!IsMd PilJllC!.s~ CA; Tes\:205: ... . '" , "" . .. . . ..... . ...... $130.00-
Soun_dness"(~.' 'SOdiUm SU,If.te.l)er sieve" ASTM C.66 .. . . .' '" $ 0'0.0'0
Organic.lmpui'!tlM in S~nSf.."A~M'94.Q " ,,: . .,... '" .", '. .$'.1'00,00
DUrabIlitY. Test- C/\ TesL2~8' . . d... . . . .. . . . . . . .. . . . . p. . " $ gS':QO
Cleanness Value - bATest''227- ....., , . ',' , . , . . .. ... $'1'3CLQO
-J-A Ramer C$OQ'Fl'v,) ..ASTM C )31 &. C 53~ $175.00
DryR!l<1d""l.Jpl!Weighl-ASTMQ'29.... .. $ 00'09
~errrie~b.ili!y T,es1--AST1\i4 ... ';' , _, . .. ; . . : . _. .....,. Quote
TrIaxial. CbmpteSs'i6Jil'. Test,. A-S1M ,... . Quo~e
'Carrosion Test . . ., . .. . d "....... 5100:,00
'~ock,Potnt!:.(Ja\1T~l t.' ......._ ....... .",....... ._..... ,.. .'.,. $ 50:00
. Un~.n.fthlW'CGmp~ssjQn ;rest .,..,.",.......... _. . ., . . . . . . .... $270.00
.C!'ilifQr.nf~ ,13~a~!ng, Ra"t!o T~s.t . 'i _' J '. '. .; ." ..~. , '.' ~. . . !.. , , , , '" ~~OOj:jO
Spe.ifii::'G",liily-A~TM 0854 P"...' .k. """" ".. .... . '.". $13000
Oth-e(.Speeial'lestS. .... ,'j. .-,~~.,. ",._ ....,..", ",. ,. '. "._..., S75.00/hr,
'C;c:iric;rl!te 4: r.1asonry
.coner.eteCampressl'1E:l Sttenglb"(T~sted. orHOltl~ AST~ C3$ ,.
Moriar'Comp.Sttength'(Tesied& Ifold).' OM STD.. 24-2~' . . . .
Groot' qQmp.~lren9th'CrestetL&..MoidJ -,Uae,S'I'O. .24"26 ''''''
Sp~itje. Gra~ity>pf ~Gr~.- ASTM C,~4J2 . , ... . . ... . . . ., ,....."
C6ntrehl ~Gi'e--(Inclupi.ng tii...'mming)" :.a.~:r~ Q 42 ......',..,..,;, I .
Concrete.frlex.,Sttenglh- {e~c:tf),ASTM C7-8 8i C 493 , .'. ",. . ,; . ,
Concrete Shrinkage Bats" (set 013) As.nic 15-7 .. .
Concrete 'Trial e~tch. AST;M C 192 .
CABORATORY TE$JING
. ~Rhalt
Exrra~von & Gf!!datiGP - AS:rM D!i;107' & P .$444 . . .
rgnition' 9vert. Gorr!!c~qn Factor - 'A~TM D't?397
Uoii WeiiJIil (SSD)'--ASTM'0272~.... .., ",' "'".
UnilWeigHt'.{Paraffin'eo~.ied)-* ASJ:MD 2726. "
Air'\10jI1Q'et"Efrmin~~on..A$TMb'~:2b3... ;,._
MarshaliSlaoility& UnitWeight(Sefot:1j'ASTM ....
RiCQ:'$pE:"cific;;'Qravity-A,STMD2Q41, . :.., h;.
Tefi'siJ~-Sfre.ngtfl' ~a.tia - A~TM p'4~67 ", '. , , , . . .. .,;.,
Centr.ifuge'.KerdS~lI'le' Eq_iJiValeAf~. CA T!=,$T -~o~ , '
S.-VaLUe-- ~A. T.est 3d4 ..,... .', :.. . . ......
S'!'/El:I! T~sj-.(dfive~tube'sample} -eA 'fest 305
MVS tesl; CA Test ~(}7 , .. . ., . .
Asph'ci"lfCbj'lcrete Mix Desig.ii . MAR~HAL.I- or Ij,VEf;M
Cor'e, Mea'surertlents ._'A&:rM (j ~54!;J (E~eh)
.'Odes"~l1otjn(:lude Spe€imen 'Fa'brication.
Allcos'tl a.re fl1)r. sar:n,p!!ls and/or. ~pe~jrpensidelivered to oUr laboratory.
$ .2.5.00
$ 25..00
$ 25.00
$ 1$.00
$ 45.00
$ 00.00
$350.00
. Quote
$2$0.00
$200.00
$ 2MO
$ 35,00.
.$ ~O.OO
$200.00
.$120.00
$600 00
$200.0Q
$225..00
$;60.00
'$240.00'
Quote
$ 15.00
PROFESSIO~A~ AND rEtH~ICA~ STAFF
F'rindpat Engineer, . ,. . ,
Principal. Gao[Qgist . ,
Senior Engineer ,....,...
Sen_io( (l~logisr , ... _, _" , . .
PrQject e.l'Ig!neer :' . .. ,. .....,
PrqjectGeolO\lfs~ . .
Staff,Englneer..... '.... ,_......
Staff' Gedrogist ,',' ,
Prqjec;t ManagerJ5-upervisillQ Teconician
S~niltl' Techrilc!a.n (Pr.~\tili1ing Wl;Ige) .,
Senior Techni~a.i:1 ,(SQ!v.concr~te/St~~I)'
LabotfltOi}t'T:e~hn1dan . , .. ,
OtaftspEtrson ...... . I. . .. . .. . ..
GeotecMlcal Assistant "_' . . . . . . . . .
Technical Word :Processlflg ... ,. . _, . . . . ; ,
Forensic Consul~ng (4- hrs~ minilllum) . . ... ,
Public Wor.ks'lnspector .. . . .. '" ....,
'pl:lbilC WQI'k$ InsP$cto( (Prevailing W3i9~l
Ulli'asonit Testing.. . .
$'14Q.OOlhr.
. . '$140 OO/h,
$11900.1)[.
$1"1-9 aD/hr.
5; 05 DO/h'
$10500/hr.
S 8500/h"
$ 85 00"',.
'5 85UOIl1r.
$' 8'5.00lhr
'$ 1~5 OOltlr
..... $ 75.00ll1i..
5 .75.00lhr
'S 45 oo!h...
P..$ 45001hr.
$25000lhr
$ 65 O'Olhr.
S 90.0Q/hr
$ 8500lhr.
Overtime for teChnical personhel wdrbe charged -at the base rate times .1 5 per
hpurJor tim'&'ill exces.s,of'S TIQIJrs-, out less than 12' hours. per.day" Satljrda,ys,.
Sundays-and 'holiday., Time, owr 12 hours pl:;!r day INiII be ch~rge<1:at the
base, rate times 2. There; is'.B! .minjrnum charge of 4, hQl,Jrs-,
'.LIMIT OF PROPDSA~ VA~I!lITY
This pri)poscir -'is -valid. .for 60 days. ,MAG & 'cwe fesel''v~s, lh~ right, to
renegotiate 'the 'fee 'ahd compietion date If'authorizallonis ,not receivt!d within.
$0 da~s. .
EXP~kSE$
PrQj'ectre'r.,te:d'expeAses.'wilI 'be it1vo!c;ed as'folk;)ws.
0' 04t~Qf~p.ocket expenses., tl~ver. relep.t'OI1~" ae.'1~! P!101Qgropt:!s, special
et1iJipmeA~: rehtal. sLJpplil:;!S., expendable Items) and Subcofllr~s:;tors at
cost plus,'20 %.
;~f; f{t;lprodu~IQ.n: $0,:30 p~r page.; _$tO:.OO' pel" blue print; -postage dt coSt.
Facsimile TransmlssiOlT: $150 (l:Ip to -1Q pages)
1;3}, Trayel '~ime; at -t!'!.!!' "01;1I1y rate 'sMQwn .abo\re, l'Qrtal, to port.al
(:!1J FQf-'Vf9~ wflidtf\Jquires'-Qvemlghf.lodgin.g ~wC!y from ~ome. a per dIem
,shar98 wil' 'be m~d,e apprQ,priate.{Q lh!!l ar~a. pa~e~ on,actua! casls plus
.20''''.
(5) C'harges (or iJse'<.lffieid 'vehicle,s, ,staMI:Ir:d samp'ljn!1l: tQ(;lI~, a.nd FOutllle
field -testin!,,~equipment: S40.00/ClaY. br' $0.55 per. mile'l whidhelieris
'l),r.eater. Mllea~e rate Is subject to, change if ,gasoline cbsts increase
'signjfjcan'"y~
(6) t:.C!Po,atQ'f.Y ;!iqn)p!es \Mil be stored (or 39 days at no Cba,rge, Ifronger'
slos:age,j$ teqtll~e$:t, astQrage fee will be ctia~gl:!d,
'(7) "l'ticlihonieter usage, Ateostplu5'150:( 5eism~gr~ph lJSage' $150.pO/d.3}1 .
INVOICING'
In\'oice.s will beis~l;Ied biweekly, or monthly and are payable upon
presentatioo of -invoipe, or. in acc6rd3flce, with the terms of Ihe ,contract. if
Cliffeft;tnt.. lf1tetest'9t 1'Yz % per month, but not exceeding Ihi3 maximllm rale
alloweo by law. will be payabl,a d'n any affiouats rJqt paid in..aq:ordance with
th~ blUing_terms, :Paym'enil;!, tliereaftf':!r Will be aJ:l'p!i.ed filst_ to th~ ~~r.rued
interest and,then to'the-principal unpaid:amoont. Any attorney's fees or other
costs Incurred in eoUeclil:lQ an~ delihqlierit.aniounl shall be paid" by. \he client.
EFFECTIVE,
July t..2006 (changes: commenSurate, to labor cost rT-i:JY b~. .m~u.fe without
ndtice).
MedaU,.Aragon Geotechncal, 11'10, & Cal~West COnSI1Jtants
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERt"lARDINO AMENDING
SOLUTION NO. 2009-356 AUTHORIZING EXECUTION OF A COOPERATIVE
GREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF
IGHLAND FOR REHABILITATION OF PACIFIC STREET, FROM PERRIS HILL
5 ARK ROAD TO VICTORIA AVENUE (SS08-28).
3
4
6 WHEREAS, on November 16, 2009, the Mayor and Common Council adopted
7 esolution No. 2009-356 authorizing the execution of a Cooperative Agreement with the County
8 f San Bernardino and the City of Highland for Rehabilitation of Pacific Street from Perris Hill
9 ark Road to Victoria Avenue (SS08-28).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AS FOLLOWS:
10
11
12
SECTION I: Section 2 of Resolution No. 2009-356 is hereby amended to read as
13
follows: "The authorization to execute the above-referenced agreement is rescinded if the parties
14
15
to the agreement fail to execute it within three-hundred-sixty-five (365) days of the passage of
Resolution No. 2009-356".
16
17 III
13 III
19
20
21
:2
l;J
.~ !
'25
26
- I -
rnill~~~
tF -;;J!
7/ ~ 110
27
:3
1
SOLUTION ... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
ITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR
HABILITATION OF PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO
ICTORIA AVENUE (SS08-28).
2
3
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
ommon Council of the City of San Bernardino at a
meeting thereof, held on the
"
o
day of
,2010, by the following vote, to wit:
7
8
ouncil Members:
AYES
NAYS
ABSTAIN ABSENT
19
'20
The foregoing resolution is hereby approved this
day of
,2010.
1~1
':~
Patrick J. Morris, Mayor
City of San Bernardino
I Approved as to form:
'~;J
21 JAMES F. PENMAN,
City Attorney
'25
26 By:
'l7
'23
- 2 -
18 III
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION NO. 2009-356
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF
4 PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO VICTORIA AVENUE
5 (SS08-28).
6
7
8
9
10
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Cooperative Agreement between the County of San
Bernardino, the City of Highland and the City of San Bernardino for rehabilitation of Pacific
11 Street, from Perris Hill Park Road to Victoria Avenue (SS08-28) as shown in said Agreement. A
12
13
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
14
if the parties to the agreement fail to execute it within ninety (90) days of the passage of this
15
16
17 III
resolution.
-1-
2009-356
1 RESOLUTION... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
2 WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR
REHABILITATION OF PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO
3 VICTORIA A VENUE (SS08-28).
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the
6
7
8
9
16th day of November
. 2009, by the following vote, to wit:
Council Members:
ESTRADA
10 BAXTER
11
12
13
BRINKER
SHORETT
KELLEY
14 JOHNSON
15
16
17
18
19
20
21
22
MC CAMMACK
()~,~ I~. C(~
l~
City Clerk
1"J-
The foregoing resolution is hereby approved this ~_ day of November ,2009.
- 2 -