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ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Nadeem Majaj Subject: Resolution approving a Director of Public Works Cooperative Agreement with the City of Highland for rehabilitation of the pavement Dept: Public Works - Engineering on Boulder Avenue (SS11-016) and Highland Avenue (SS08-027). Date: January 6, 2011 File: MCC Date: February 7,2001 Synopsis of Previous Council Action: 06/28/10 Mayor and Common Council adopted the Capital Improvement Program for FY 2010-2011 through 2014-2015. Recommended Motion: Adopt Resolution. / - 2ture Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report&Resolution Ward(s): 4 FUNDING REQUIREMENTS: Amount: $156,632 Source: (Acct. No.) 129-160-5504-7842-0025 & 126-160-5504-7897-0025 Acct. Description: Highland & Boulder Rehabilitation Finance: Council Notes: es-c, ,..1-0//-02� Agenda Item No. J J 4v of- '/J CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving a cooperative Agreement with the City of Highland for rehabilitation of the pavement on Boulder Avenue (SS11-016) and Highland Avenue (SS08-027). Background: The City of Highland (Highland) has proposed a cooperative project with the City of San Bernardino to rehabilitate the pavement on Boulder Avenue from Base Line Street to Highland Avenue and Highland Avenue from 350 feet east of Summertrail Place to Surrey Lane. The pavement on both streets is badly deteriorated and in need of rehabilitation. Approximately 13.4% of the two roadways lie within the limits of City of San Bernardino and the remaining 86.6% lies within Highland. Since Highland has the largest percentage of the project, it was agreed that they would assume the role of lead agency. Highland submitted the attached cooperative agreement (Exhibit A) for the project. The agreement provides that Highland will design and construct the project and the City of San Bernardino will pay its proportional share of the cost. Highland has estimated the total project cost to be $1,167,000 and San Bernardino's share of the cost is $156,632. Highland is anxious to proceed with the project and is proposing to advertise it for bids in February of 2011. The contract is proposed to be awarded in March of 2011. According to Highland, construction should start in late March 2011 and be completed by August 2011. Financial Impact: The breakdown of cost is as follows: Location Account No. San Bernardino Highland Ave(SS08-027) 129-160-5504-7842-0025 $ 21,632 Boulder Ave(SS11-016) 126-160-5504-7897-0025 $ 135,000 Total = $ 156,632 Account: 129-160-5504-7842-0025 Budgeted Amount: $127,100 Balance as of 1/25/11: $127,100 Balance after the approval of this item: $105,468 Account: 126-160-5504-7897-0025 Budgeted Amount: $135,000 Balance as of 1/25/11: $135,000 Balance after the approval of this item: Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred, but not yet processed. Recommendation: Adopt Resolution. 2 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF HIGHLAND FOR REHABILITATION OF BOULDER AVENUE (SS11-016) AND HIGHLAND 4 AVENUE (SS08-027). 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City, a cooperative agreement between City of Highland, 9 and the City of San Bernardino for the rehabilitation of the pavement on Boulder Avenue (SS11- 10 016) and Highland Avenue (S508-027) as shown in said agreement. A copy of said cooperative 11 agreement is attached as Attachment"A" and made a part hereof. 12 13 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 resolution. 16 // 17 18 19 20 21 22 // 23 // 24 25 26 27 28 - 1 - oa-o- it 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 2 EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF HIGHLAND FOR REHABILITATION OF BOULDER AVENUE (SS11-016) AND HIGHLAND 3 AVENUE (SS08-027). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of , 2011, by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 2011. 20 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney 26 By: . 27 28 - 2 - ATTACHMENT "A" FOR CITY OF HIGHLAND USE ONLY A 1987 X New Vendor Code Dept. Contract Number 9 42' . Change - Cancel x City Department Dept. Orgn. Contractor's License No. Public Works 4 City of Highland Contract Representative Telephone Total Contract Amount T 4 Dennis Barton 909 864-6861 OF HiO Contract Type ❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other: CITY OF HIGHLAND If not encumbered or revenue contract type,provide reason: FAS Commodity Code Contract Start Date Contract End Date Original Amount This Amendment Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount STANDARD CONTRACT Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount Project Name Estimated Payment Total by Fiscal Year Pavement Rehabilitation FY Amount I/D FY Amount I/D Of Boulder Ave& Highland 09/10 Ave. Contract Type -Special (Risk Management Approved) — THIS CONTRACT is entered into in the State of California by and between the City of Highland, hereinafter called Highland, and Name CITY OF SAN BERNARDINO hereinafter called: SAN BERNARDINO Address 300 NORTH D STREET SAN BERNARDINO, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5179 IT IS HEREBY AGREED AS FOLLOWS: WITNESSETH WHEREAS, the CITY OF HIGHLAND (HIGHLAND), and the CITY OF SAN BERNARDINO (SAN BERNARDINO) desire to cooperate and jointly participate in a project to rehabilitate Boulder Avenue, from Base Line to Highland Avenue; and Highland Avenue, from 350 feet east of Summertrail Place to Surrey Lane (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT scope of work is defined in the contract between the City of Highland and Engineering Resources of Southern California, Inc. as set forth in Exhibit "C", attached hereto and incorporated herein by reference; and WHEREAS, the PROJECT is partially (86.6%) within the incorporated area of HIGHLAND, and partially (13.4%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit to HIGHLAND, and SAN BERNARDINO; and • • .,uditor/Controller—Recorder Use Only ❑Contract Database ❑FAS Input Date Keyed By Page 1 of 7 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 above, 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 $1,167,000. HIGHLAND's share of PROJECT cost is estimated at $1,010,368 and SAN BERNARDINO's share of PROJECT cost is estimated at$156,632, 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 HIGHLAND Proposition 1B and local funds, and SAN BERNARDINO local funds; and WHEREAS, 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 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 SAN BERNARDINO, and the Caltrans Design Manual, 15 year design life for Boulder Avenue and 5 to 10-year design life for Highland Avenue, to the satisfaction of and subject to concurrence of SAN BERNARDINO. 1.4 Construction by HIGHLAND of improvements referred to herein which lie within SAN BERNARDINO rights-of-way or affect 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 SAN BERNARDINO personnel and until an encroachment permit to HIGHLAND authorizing such work has been issued by SAN BERNARDINO. 1.5 Arrange for relocation of all utilities that interfere with construction of the PROJECT within the entire PROJECT limits. 1.6 Obtain a no-cost permit from SAN BERNARDINO for work within 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 SAN BERNARDINO), and hold harmless 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 this paragraph. 1.8 HIGHLAND shall require all consultants, contractors and vendors working on the PROJECT to have insurance coverage for the mutual protection and benefit of the parties as set forth in Exhibit E. San Bernardino will be named as additional insured on insurance policies for consultants and contractors engaged under the Project. Additionally, Highland shall require consultants, contractors and vendors doing work in San Bernardino to obtain a business registration certificate from the San Bernardino City Clerk. 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 SAN BERNARDINO. HIGHLAND shall provide copies of any records of inspection and materials testing to SAN BERNARDINO within ten (10) days of HIGHLAND's receipt of written demand from SAN BERNARDINO for such records. This shall be included as a PROJECT cost. Page 2 of 7 • • 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 $1,010,368. HIGHLAND shall be responsible for the sum of $1,010,368 plus its proportionate share of any PROJECT cost increases pursuant to paragraph 3.6 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 the recitals, 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 SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by HIGHLAND to date and which have not already been paid by SAN BERNARDINO, and a statement for SAN BERNARDINO's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following 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), California Public Resources Code section 21000 et. seq, as well as completing the required CEQA documentation. 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 management. SAN BERNARDINO's share of the PROJECT costs is estimated at$156,632. 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 3.6 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, together with adequate documentation of said expenditures. 2.3 Provide a no-cost permit to HIGHLAND for its work within SAN BERNARDINO's right-of-way. 2.4 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, and SAN BERNARDINO's acceptance of the construction contract work. 3.0 IT IS MUTUALLY AGREED: 3.1 HIGHLAND agrees to indemnify, defend (with counsel approved by SAN BERNARDINO) and hold harmless 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. 3.2 SAN BERNARDINO agrees to indemnify, defend (with counsel approved by HIGHLAND) and hold harmless 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. 3.3 In the event 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, 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 HIGHLAND or SAN BERNARDINO attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, HIGHLAND and SAN BERNARDINO agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 3.4 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney fees. This paragraph does not apply to costs or attorney fees relative to paragraphs 3.1, 3.2,and 3.3 and relating to indemnification. 3.5 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 Page 3 of 7 • • • coverage or resources to protect against liabilities arising out . of HIGHLAND and SAN BERNARDINO's performance of this Agreement. 3.6 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by HIGHLAND or SAN BERNARDINO, which is addressed in paragraph 3.7 below) over the estimated total of PROJECT cost of $1,167,000 (which is the sum of $1,010,368 from HIGHLAND, and $156,632 from SAN 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. 3.7 If 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. 3.8 HIGHLAND shall notify SAN BERNARDINO of the bids received and the amounts thereof. Within ten (10) days thereafter, 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. 3.9 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 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. 3.10 The City Engineer or his designee for HIGHLAND and SAN BERNARDINO shall have the authority to discuss and resolve issues concerning the PROJECT. The City Engineer or his designee 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 must be signed by the City Engineer or his designee and will be delivered by fax and must be returned within two (2)working days. 3.11 This Agreement may be cancelled upon thirty (30) days written notice of 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. 3.12 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 SAN BERNARDINO for their share of the PROJECT. 3.13 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties. 3.14 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between HIGHLAND and SAN BERNARDINO concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court in the County of San Bernardino, California. 3.15 Time is of the essence for each and every provision of this Agreement. 3.16 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any Party. Any term referencing time, days or period for performance shall be deemed working days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.17 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or Page4of7 performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.18 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. 3.19 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.20 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. WITNESS WHEREOF, the Parties to these presents have hereunto set their hands. CITY OF HIGHLAND (Print or type name of corporation,company,contractor,etc.) By Larry McCallon, Mayor-(sign in blue ink) Name (Print or type name of person signing contract) Title (Print or Type) Dated: "-'dress Approved as to Legal Form Reviewed by Contract Compliance Presented to City Council for Signature City Counsel Department Head Date Date Date Page 5 of 7 Cooperative Agreement For Rehabilitation of Boulder Avenue and Highland Avenue CITY OF SAN BERNARDINO (Print or type name of corporation,company,contractor, etc.) By (Authorized signature-sign in blue ink) Name: Charles McNeely (Print or type name of person signing contract) Title: City Manager (Print or Type) Dated: Tess: 300 N. "D" Street San Bernardino, CA 92418 Approved as to form: JAMES F. PENMAN City Attorney By Page 6of7 . • EXHIBIT A ESTIMATE OF PROJECT COSTS FOR CITY OF HIGHLAND AND CITY OF SAN BERNARDINO FOR PAVEMENT REHABILITATION OF BOULDER AVENUE AND HIGHLAND AVENUE IN THE HIGHLAND AND SAN BERNARDINO AREAS DESCRIPTION PHASE OF TOTAL CITY OF %OF PROJECT CITY OF %OF WORK COST OF SAN SAN HIGHLAND PROJECT PROJECT BERNARDIN BERNARIDNO HIGHLAND 0 PAVEMENT DESIGN $110,000 $5,000 4.5% $105,000 95.5% REHABILITATION CONSTRUCTION $997,000 $143,032 14.3% $853,968 85.7% BOULDER AVENUE(BASE LINE TO HIGHLAND AVENUE)AND HIGHLAND CONSTRUCTION AVENUE(350 FEET EAST MANAGEMENT $60,000 $8,600 14.3% 51,400 85.7% OF SUMMERTRAIL PLACE TO SURREY LANE TOTAL $1,167,000 $156,632 13.4% $1,010,368 86.6% PROJECT costs may be increased or decreased based on accepted contractor's bid. EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: PAVEMENT REHABILITATION OF HIGHLAND AVENUE AND BOULDER AVENUE CITY OF HIGHLAND CONTRACT# File: o1a09003 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of Highland, and City of San Bernardino for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: / / ❑APPROVED for Implementation with 100% Participation by CITY OF SAN BERNARDINO ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO ❑ %of Actual Cost to be funded by CITY OF SAN BERNARDINO El CITY OF SAN BERNARDINO Participation Not to Exceed $ ❑ 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 '`nancial participation beyond that prescribed in the existing CITY OF HIGHLAND, 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? ❑YES ❑ NO SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer(FAX#909-862-3180) Signed Original for CITY OF SAN BERNARDINO File Signed Original for CITY OF HIGHLAND File EXHIBIT C Engineering Resources of Southern California, Inc. Proposal (see attached) NGINEERING - !RESOURCES IF SOIi18IN CALIFOINNI,INC. 03017161 August 13,2008 • Dennis Barton,Assistant Public Works Director • City of Highland 27215 Base Line Highland,CA 92346 SUBJECT: 2009 PAVEMENT.REHABILITATION,PROJECT NO. o1a09003 Dear Dennis: • As requested by the City,Engineering Resources of Southern California,Inc., (ERSC) hereby presents our proposal for engineering services concerning the City's proposed 2009 Pavement Rehabilitation Project., Project being undertaken by the City involves pavement rehabilitation by removal and replacement(R&R), cold planing,cold planing and inlay and overlay on four streets of the City aggregating to approximately 15,000 linear feet. Handicap ramps and curb and gutter replacement will also be constructed where necessary. Street segments involved are the 'following. • Boulder Avenue from Base Line to Highland Avenue(5,400')-This reach of Boulder is of two lanes each direction,with an earthen median. There is curb and/or curb and gutter on both lanes between Base Line and the entrance to the Beaver Medical Clinic. From that driveway north, curb and gutter exists on Lane No. 2,but little.on Lane No. 1 adjacent to the earthen median. It intersects Caltrans right-of-way for S.R. 330 near the northerly end. Also,a portion of the west half between Pacific and Atlantic is within the City of San Bernardino. • Highland Avenue from±350 east of Summertrail to Surrey Lane(±2,200'). A portion of the north one-half is inthe City of San Bernardino. Pavement of Highland Avenue is bounded on the south and southwest by curb and gutter or a high curb with gutter and by an AC dike or no edge treatment on the north and northeast side. • 1820 COMMERCENTER CIRCLE SAN BERNARDINO,CA 92408-3430 (909)890 1255 (909)890-0995 ax 030I7161 Dennis Barton,Assistant Public Works Director August 13,2008 Page 2 • Church Street from±300 feet north of Greenspot Road to Highland Avenue (6,400'). • Water Street from Church Street to Elder Gulch(1,200'). Preliminary estimate for the proposed work is$925,000 including contingency allowance. Funding for the work will be provided by the City of Highland and the City of San Bernardino for the portion of work within their respective jurisdictions. SCOPE OF PROPOSED SERVICES Engineering services will be conducted by a team led by ERSC for conduct of field investigation followed by preparation of documents required for bidding and construction,that is,plans, specifications, and estimates. Services proposed to be completed are as follows. 1. Compile assessors maps of the four routes and input street address numbers on each lot where useful. Addresses are useful in identifying exact location for remarking at time of construction. 2. Prepare base plan sheet(s)for each of the four street reaches,±five sheets anticipated at a scale of 1" 60". County GIMS digital file and street. improvement plans available from the City and Caltrans will be used in preparation of the base sheets for Boulder,Water, and Church with accuracy limited to the information shown on those sheets. Digital format is available on Boulder for the reach from Base Line to Atlantic only. Highland Avenue base sheets will be prepared from available street improvement plans for Tract 7996(±1,200') and field survey mapping of the westerly±1,000'. To the base sheets will be added right-of-way,curb and gutter,AC dike,parcel addresses, and utility features. 3. Work on Boulder in this area will entail work within Caltrans right-of-way at S.R..330. Therefore, an encroachment permit will be required for this work. Submittal will be made as soon as approved plans are available. Follow-up monitoring and/or revisions will be completed as necessary for permit issuance. 4. Receive,review, and utilize utility records submitted to ERSC as a result of ERSC's notification. 5. Retain and utilize a subconsultant, CAL-WEST Consultants,to 1)field review and determine pavement conditions,and 2)mark areas for asphaltic concrete • • 03017161 Dennis Barton,Assistant Public Works Director " August 13,2008 Page 3 removal and replacement,and indicate on ERSC:prepared assessors maps or base sheets,the AC R&R locations and measurements which will be referenced by street address. CAL-WEST will evaluate deflection test results provided by the City,perform laboratory analysis and recommend structural section for R&R areas, and will also obtain±nine asphaltic concrete cores. 6. CAL-WEST Consultants will also evaluate a minimum of two alternative pavement rehabilitation techniques and make recommendations for the work and submit and summarize in a letter report. Analysis by CAL-WEST will include cost estimates for each alternate. It is our understanding that the City will provide the traffic index for the • structural section design and that pavement design is to be for a 1'0-year design life. 7. ERSC staff will inspect and determine prospective locations at which handicap ramps are needed in existing sidewalks. Candidate sites will be submitted and reviewed with the City for final decision. Sketches will be prepared of field conditions from which detail plans will be prepared on 8Yz" x 11" sheets for each of the six sites,preliminarily-identified: 8. Based on review of design plans,it is believed that no right-of-way will be required and thus no effort for that need is included. 9. ERSC field inspector will, as needed, also locate utility valves,manhole covers, striping, and signal detector loops. During this field inspection,gutter- - to-gutter width will be spot-checked where required. CAL-WEST staff will measure length and width of the streets at various. locations which,with the record plans,will provide the basis for street pavement area calculations. 10. With information obtained from the CAL-WEST field inspection and letter report and ERSC field inspections, ERSC staff will then prepare final plan sheets,multiple plan strips per sheet;at a scale of 1"= 60'. On the plan sheets will be shown areas of AC removal and replacement as identified by CAL- WEST, cold plane,cold plane and inlay, overlay,valve and manhole covers, raised pavement markers,marking and striping replacements,and detector loop • 03017161 Dennis Barton,Assistant Public Works Director August 13,2008 . Page 4 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. Existing plans of striping, marking, and signal detector loops,from three project sources,will be used for Boulder Avenue,modified as needed for MUTCD Standards and/or City-desired revisions. Plans in digital format are available for some portions, Base Line to Atlantic,and in hard copy only, Atlantic to Highland. 11. Prepare cover sheet and general sheet to include street location map,City. boundaries, general construction notes, legend, and sheet index. 12. Prepare quantity and cost estimates for the various pavement and street rehabilitation improvement treatments, segregated by jurisdiction,that is the City of Highland and the City of San Bernardino. Quantities will be checked for accuracy and provided to the City for review. 13. Prepare specification document which will include General Conditions, contract documents, Special Provisions,as well as detailed bid schedule in a format previously used for similar projects in the City. 14. Submit second a nd final notices to utility companies to inform them of the locations of the work and schedules,and incorporate any requirements into the bid documents. 15. 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 to the City of San Bernardino representative(s) as scheduled and arranged by the City of Highland. . 16. 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. 1 through 15 to result in completion of contract documents suitable for approval,bidding, and construction of the pavement c • • 03017161 Dennis Barton,Assistant Public Works Director August 13,2008 Page 5 rehabilitation project for the four streets fora not-to-exceed fee of$90,655. Included in this fee are amounts for geotechnical and field survey services. Reimbursement for ERSC's services will be in accordance with our current hourly rate schedule in effect. Spreadsheet detailing the breakdown and composition of our estimate and tasks for proposed work accompanies this letter as well as proposals from CAL-WEST Consultants and Precision Engineering Surveyors. PROJECT SCHEDULE It is estimated that approximately 195 calendar days will be required for preparation of bid documents from date of authorization to readiness for bid. This schedule will allow bidding to commence in early April 2009 for construction at mid-year. Gantt-type preliminary schedule accompanies. Should there be any questions concerning our proposal,please contact me. Very truly yours, hn .Egan,P.E. • incipal Engineer • JGE:ma enc. S:\Highland,City of\03017161\proposal.wpd ' co w . , o • v 1` W S• _'0 N•N `° N Q N V! Ot1•• g4 H tV co N W ar i 1 N r h �► '� ar V •Y wwwww<s pNppO °Nrn"f�l°V1a v°f/! `�_ w Ism �Cppp °Vl CO� r W NN NN t0 1n NM • f- -64 Vl 1: M r r ar • =Q Z W U u1 to OD W N W OD "M CO i . . ar o . r c LS Z wwwwg h O w g § i l:Ml y s s CD Z Q s w Nu ?y sl C G, ce j w ar ar W di rr w ar dr w ar N 0 3 W ' LL 1A O r v N w V • =W J$ a W a _• Z�Z Q , c.,-c.,-o N N N N r oF4dma y pp m CO m coo 3 Z N W Z LL W ,Zyy LL.Nj.Grp .. o ml E W N—N CO CO N t0 0 . 9-9- .- CD fO N WOO O CO N Y OOf Wo O 2 W ZN v ao o W y�o a N b• a S m C y y CO Q 8 a „ J C 5 iurai - '• w 0_W c v`.1'''m as $w(Z EERool`� Baas. E N o�N� Z w a g $a eon lAwb dS o U M 0.43 bi l.Z 0 a I W ao c O�� a WoB0 Omit 3w$.10 -E0 a a-r 8 E 3C a iz2 Ail R Nam o a 0- Ta 3.cem 11-m— E a n. �d L O •Y .r N OI r'ol 91� .-N .- _ r c7 r' 3 N !V NtV NN PI P1 elmlM am(* l 1410 CD 10. 1..1` 1-Q O 000.O.-. ' — , -- .-.,.-.- r .--� —,. o W .1 . m w -. 0.1_g w t O )do N aa D N O NN o M N N . F F u i w M ; " w E m m N o 1 N 1:1111111111111111111111111111111111111111111;N 4B1111111111111111111111111111111111111111111i 113111111111111111111111111111111111111111111i 40iiiiiiiiiiiiiiiiiiiiiiiiiIiiiiiiiiiiiiiiiiii . iiiiiiiIIiiIIIIIIIIi1iIiIIIIIIl1iIIIIIiNIh iiIiIiIIIIIIIIIIIIHbIIIdIIfllllhIIdIIh C , ... . c o m t q N ilaa" 8. 041(ti ITU ligl ! ill 1 .ts 3 JU 30 13 _ I & i 1% -e MA t°. � m w m Q28 -3wa � Ii 0- o hilbi jiliL $ac»i� a F. it. t _ a_ -NP10M(ONEp Ofe �NMY (a� G NNCV NN {'Q f �N 1010mtG tG tC A1�h1� mCG 00 f.= �I PI CV c. N N N N CV N :14', n N ri {3 N N N N N N N N N :CV N to Mi.- Construction Materials Engineers NEST Testing & Inspection A Division of Medal!,Aragon Geotechnical,Inc. CALIFORNIA • N- EVADA August 4, 2008 J.N.2454.361.PRP Engineering Resources of Southern California, Inc. • 1820 Commercenter Circle San Bernardino, CA 92408 ATTN: Mr. John G. Egan, P.E. • RE: Boulder Ave., Church St., Highland Ave. & Water St. Rehabilitation Project Highland,CA • 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 rehabilitation recommendations for the various streets referenced above in the City of Highland. We have reviewed the project sites. It is proposed to rehabilitate approximately 14,900 lineal feet or 2.82 miles. We have been requested to provide.recommendations for a ten year design and a twenty year design with rehabilitation alternates for conventional AC (HMA) and rubberized Asphalt (RAC). For the Boulder Ave. and. Church St. segments, the Caltrans Rehabilitation procedure with deflection testing is a highly desirable approach. It is our understanding that San Bernardino County, Transportation Department will provide this information, 'a deflection criterion gives a more scientific approach to design: For the Highland Ave, and.Water St. segments, we, will use the Asphalt'`institute Method which relies on more subjective data and less • field data. We have used this approach on other projects in the city of Highland of similar length. . 1 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, Inc. August 4,2008 Page 2 Rehabilitation projects generally are designed on a ten year basis. 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. Our scope of services would be to perform a field review of the streets, identifying the number and extent of pavement deficiencies, and marking on the pavement in white paint the areas of R&R. Because Boulder Ave.. is a divided street we have to consider it two streets for the purpose of the field review. The Highland Ave. and Water St. segments are in severe distress and may require more substantial repairs. 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 consideration of the field review and deflection data. The lengths 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 or 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 area.. 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-Value of the underlying soils. Consideration would be given to crack repair and sealing, header cuts, grind and inlay 0.10' AC, and bump grinding. CAL-WEST CONSULTANTS f. Engineering Resources of Southern California, Inc. • August 4, 2008 Page 3 We will prepare a preliminary evaluation including comparative construction cost estimates for two alternatives. This construction cost estimate is not a complete cost estimate: We will only include 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 purposes, but will be used as the basic quantity for the alternatives in order that we can make a comparison. 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 parties to the design to discuss rehabilitation alternatives. Finally, 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; on this project is $22,761. 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 11 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\2454.361.PRP Highland Boulder Avt.,Church St.,Highland Ave.&Water St.Rehabilitation Project Attachments CAL-WEST CONSULTANTS . • • • . . • CO 0 0 0 0 N O O Ol r-1 0 0 0 0 0 U7 N O O in • O a Cr) O CO N . V• O U) N N U) V' O CO N .M 0 r-1 O N 1-1 _ V' N al N N•.-1 V• .-1 0 N V' Ol .--1 () HI • CO N N -H M F N - M M M r-1 .1 Cr 'H N .1 r•1• r -H r?. . O - - - • H N _H CO 0 1/} a a N W • . 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H z 0 CO a tTi_, > in Z: Q O C •.1 rp d• H -.i ''i W U a N W -. - ' to W D ••f ""' Z H H H Q O H t") 0 Z CD H z . . rd U a w 3 W 0 o 0 tn H u a . W O r. W , . ..z Z H . • H . N u C.9 aQ .C. E W .. W • . aH i H O W H . . U H W et Ei• .. H O d 3 0 •• •O V H O .. H a• e • H O I1 V V N . Z- �i i • O ,' • t.) . O N N 108-13-' 08 06:52 FROM-Precision Engineerin 9098626328 T-238 P001/001 F-291 • C I I �- , IN August 07,2008 John Egan ENGINEERING RESOURCES TEL(909)890-1255 FAX(909) 890-0995 RE: ACCURATELY PLOT HIGHLAND AVE AS SHOWN ON ASSESSOR'S MAP 1200 PAGES 10 AND 12 IN THE CITY OF HIGHLAND, CA. Precision Engineering.Surveyors is pleased to submit this proposal for design surveys. The following items may be revised or deleted to meet your specific requirements:We have determined a scope of services as follows: SCOPE OF SERVICES DESIGN SUVREYS 0 Provide surveying services for each of the following operations: 1) X-section Survey i) X-section.Highland Ave to accurately plot pavement,curb and gutter, and striping as shown on Assessor's Map 1200 pages 10 and 12. Cost $217250.0e la(9 . 2) Researcb/Calcs i) Perform research and field data processing of the design survey. Cost $ G00- ESTIMATED COSTS: 1127500708— $6462° • Deliverables will be digital data(Autocad ready),copies of field notes,and copies of record drawings,maps used for centerline control.Provide basis of bearing,street stationing will be based on city datum if available.. Vertical datum will be based on city or county datum. Should you have any questions regarding this proposal,please do not hesitate to contact me at(909)831-4766. Sincerely, Fernando Padilla -7 ,�T C1�eep Chief of Surveys f ��1b p7,rd:1167A4-1 a'rdp R C I I 6'; N Precision Engineering Surveyors,Inc. CSL LS3983 7231 Boulder Ave#531 •• •• Highland, CA 92346 909.862.6326 -Phone 909.862.6328 -Fax fernando@predsionsurveyor.com . EXHIBIT D Environmental Clearance Notice of Exemption (see attached) •s W • �, . 1 —:, ' MEMORANDUM .4-3'713 2 27215 Base Line,Highland,'CA 92346 . Telephone(909)864-8732 FAX:(909)862-3180 CLERK�r � ✓y �'?°-T~��Q EXEMPTION �6 (! NOTICE OF , COUNTY OF FROM: City of Hi hland t'>r,r'•1 BERNARDINO TO: Clerk N.Arrowhead Board Community Development Department Se n Arrowhead Ave. 27215 Base Line Second Floor Bernardino, Highland,CA 92346 San Bernardino, CA 92411 9 PROJECT TITLE: (OLA09003/.ENV-008-012) PROJECT LOCATION - SPECIFIC: Boulder Avenue from Base Line to Highland Avenue. Highland Avenue from3:00' east of Summertrail to Surrey Land and Church Street to Cloverhill Drive. Church Street from Jack Rabbit to Highland Avenue. r . Water.Street from Church Street to Via Deldene. . > PROJECT LOCATION - CITY: Highland H r3 f PROJECT LOCATION - COUNTY: San Bernardino 71 DESCRIPTION OF THE NATURE, PURPOSES, AND BENEFICIARIES OF THE PROJECT: This project consists of applying asphalt concrete overlay and reconstruction sections of streets that rr i have deteriorated, then restriping as required. This project will occur in the following locations: Boulder_ Avenue from Base Line to Highland Avenue Highland Avenue from300' east of Summertrail to SurreyL) Land and Church Street to Cloverhill Drive, Church Street from Jack Rabbit to Highland Avenue, and -_ `Miter Street from Church Street to Via Deldene. Ivr�ME OF PUBLIC AGENCIES INVOLVED: Planning Division, City of Highland 0 NAME OF PERSON OF AGENCY CARRYING OUT PROJECT: . City of Highland :/') REASON WHY PROJECT IS EXEMPT: City staff has undertaken and completed a preliminary review 7, of this project. In accordance with the California Environmental Quality Act, as amended, this project i exempt from CEQA. EXEMPT STATUS: (Check One) Ministerial (Section 21080 (b)(1) ; 15268) Declared Emergency (Section 21080 (b)(3);15269(a)) . Emergency Protection (Section 21080 (b)(4); 15269 (b), (c)) rMinor Alterations to Land. Article XIX, Section 15301 Class 1. • CONTACT PERSON: Sean Kelleher, Assistant Planner TELEPHONE NUMBER: (909)864-8732 ext. 210 IF FILED BY APPLICANT 1. Attach certified document of exemption findings. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes — No • Aik.i f"7 :n14 /in 4 //ia of. lsponsi• e • "icia igna ure I e . EXHIBIT E Insurance Requirements (see attached) 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent Consultants, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. San Bernardino Contractor Insurance Requirements 5-1.02 LIABILITY INSURANCE-- The Contractor's attention is directed to Section 7-3, "Liability Insurance",of the Standard Specifications,providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable,nor forms signed by the broker,unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKERS' COMPENSATION INSURANCE--The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications,providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. ACCORD CERTIFICATE OF INSURANCE DATE(MMIYY/DD) 02/15/98 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND COMMERCIAL ASSOCIATES INS., INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE 1226 EAST LA PALMA AVE. POLICIES BELOW. ANAHEIM,CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145) 524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE CONTRACTOR'S COMPANY NAME COMPANY AND ADDRESS C CHUBB GROUP-FEDERAL INSURANCE COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) GENERAL LIABILITY $2,000,000 GENERAL AGREGATE X COMMERCIAL GEN LIABILITY PRODUCTS-COMP/OP AGG $1,000,000 A ❑ CLAIMS MADE ❑ OCCUR PERSONAL&ADV INJURY $1,000,000 X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 EACH OCCURRENCE $1,000,000 FIRE DAMAGE(ANY ONE FIRE) $ 50,000 MED EXP(ANY ONE PERSON) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 AUTOMOBILE LIABILITY BODILY INJURY (PER ACCIDENT) $ X ALL OWNED AUTOS BODILY INJURY (PER ACCIDENT) $ X BAP 5197135 02/01/98 02/01/99 B SCHEDULED AUTOS P-•' ' ACCIDENT $ X HIRED AUTOS I I X NON-OWNED AUTOS ' • GARAGE LIABILITY i IllAN AUTO ONLY $ ANY AUTO ACCIDENT $ AGGREGATE $ WORKERS COMPENSATION AND WC STATU- EMPLOYER'S LIABILITY TORY LIMITS OTHER EL EACH ACCIDENT _$1,000,000 WC /98 02/01/99 THE PROPRIRETOR/ INCL _EL DESEASE-POLICY LIMIT $1,000,000 PARTNERS/EXECUTI VE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: AD 2000,CONTRACT 9898 BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE THE CITY OF SAN BERNARDINO ISSUEING COMPANY WILL MAIL y19_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE LEFT. DEPARTMENT OF DEVELOPMENT SERVICES AUTHORIZED REPRESENTATNE PUBLIC WORKS DIVISION 300 NORTH"D"STREET JOHN E.SMITH SAN BERNARDINO,CA 92418-0001 ACCORD 25-S (1195) ©ACCORD CORPORATION COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES/PUBLIC WORKS 300 NORTH "D" STREET, 3RD FLOOR SAN BERNARDINO, CA 92418-0001 a g a a r wee rt (If no entry appears abo a . z =, nis endorsement t „ s -t ��fs iA yt��t � � will be shown in the Decla � p� , t ��tYg ;eent.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGEND BY AUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company FOR CITY OF HIGHLAND USE ONLY a 1987 X New Vendor Code I Dept. Contract Number 4,,„1987 a�� ' 1 Change Cancel xCity Department Dept. Orgn. Contractor's License No. Public Works nr q City of Highland Contract Representative Telephone Total Contract Amount .$ 9 � e Dennis Barton 09 864-6861 OF HiGlh ti Contract Type ❑ Revenue I Encumbered ❑ Unencumbered ❑ Other: CITY OF HIGHLAND If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount This Amendment FAS Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount STANDARD CONTRACT Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount Project Name Estimated Payment Total by Fiscal Year 2009 Pavement FY Amount I/D FY Amount I/D Rehabilitation o1a09003 09/10 I — Contract Type-Special _(Risk Management Approved) _ — THIS CONTRACT is entered into in the State of California by and between the City of Highland, hereinafter called Highland, and Name CITY OF SAN BERNARDINO hereinafter called: SAN BERNARDINO Address 300 NORTH D STREET SAN BERNARDINO, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5179 IT IS HEREBY AGREED AS FOLLOWS: WITNESSETH WHEREAS, the CITY OF HIGHLAND (HIGHLAND), and the CITY OF SAN BERNARDINO (SAN BERNARDINO) desire to cooperate and jointly participate in a project to rehabilitate Boulder Avenue, from Base Line Street to Highland Avenue; and Highland Avenue, from 350 feet east of Summertrail Place to Surrey Lane (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT scope of work is defined in the contract between the City of Highland and Engineering Resources of Southern California, Inc. as set forth in Exhibit "C", attached hereto and incorporated herein by reference; and WHEREAS, the PROJECT is partially (86.6%) within the incorporated area of HIGHLAND, and partially (13.4%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit to 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 _.uditor/Controller–Recorder Use Only ❑Contract Database 0 FAS Input Date Keyed By Page 1 of 7 percentages identified above, 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 $1,167,000. HIGHLAND's share of PROJECT cost is estimated at $1,010,368 and SAN BERNARDINO's share of PROJECT cost is estimated at$156,632, 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 HIGHLAND Proposition 1B and local funds, and SAN BERNARDINO local funds; and WHEREAS, 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 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 SAN BERNARDINO, and the Caltrans Design Manual, 15 year design life for Boulder Avenue and 5 to 10-year design life for Highland Avenue, to the satisfaction of and subject to concurrence of SAN BERNARDINO. 1.4 Construction by HIGHLAND of improvements referred to herein which lie within SAN BERNARDINO rights-of-way or affect 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 SAN BERNARDINO personnel and until an encroachment permit to HIGHLAND authorizing such work has been issued by SAN BERNARDINO. 1.5 Arrange for relocation of all utilities that interfere with construction of the PROJECT within the entire PROJECT limits. 1.6 Obtain a no-cost permit from SAN BERNARDINO for work within 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 SAN BERNARDINO), and hold harmless 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 this paragraph. 1.8 HIGHLAND shall require all consultants, contractors and vendors working on the PROJECT to have insurance coverage for the mutual protection and benefit of the parties as set forth in Exhibit E. San Bernardino will be named as additional insured on insurance policies for consultants and contractors engaged under the Project. Additionally, Highland shall require consultants, contractors and vendors doing work in San Bernardino to obtain a business registration certificate from the San Bernardino City Clerk. 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 SAN BERNARDINO. HIGHLAND shall provide copies of any records of inspection and materials testing to SAN BERNARDINO within ten (10) days of HIGHLAND's receipt of written demand from SAN BERNARDINO for such records. This shall be included as a PROJECT cost. Page 2 of 7 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 $1,010,368. HIGHLAND shall be responsible for the sum of $1,010,368 plus its proportionate share of any PROJECT cost increases pursuant to paragraph 3.6 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 the recitals, 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 SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by HIGHLAND to date and which have not already been paid by SAN BERNARDINO, and a statement for SAN BERNARDINO's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following 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), California Public Resources Code section 21000 et. seq, as well as completing the required CEQA documentation. 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 management. SAN BERNARDINO's share of the PROJECT costs is estimated at$156,632. 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 3.6 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, together with adequate documentation of said expenditures. 2.3 Provide a no-cost permit to HIGHLAND for its work within SAN BERNARDINO's right-of-way. 2.4 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, and SAN BERNARDINO's acceptance of the construction contract work. 3.0 IT IS MUTUALLY AGREED: 3.1 HIGHLAND agrees to indemnify, defend (with counsel approved by SAN BERNARDINO) and hold harmless 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. 3.2 SAN BERNARDINO agrees to indemnify, defend (with counsel approved by HIGHLAND) and hold harmless 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. 3.3 In the event 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, 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 HIGHLAND or SAN BERNARDINO attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, HIGHLAND and SAN BERNARDINO agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 3.4 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney fees. This paragraph does not apply to costs or attorney fees relative to paragraphs 3.1, 3.2,and 3.3 and relating to indemnification. 3.5 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 Page 3of7 coverage or resources to protect against liabilities arising out of HIGHLAND and SAN BERNARDINO's performance of this Agreement. 3.6 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by HIGHLAND or SAN BERNARDINO, which is addressed in paragraph 3.7 below) over the estimated total of PROJECT cost of $1,167,000 (which is the sum of $1,010,368 from HIGHLAND, and $156,632 from SAN 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. 3.7 If 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. 3.8 HIGHLAND shall notify SAN BERNARDINO of the bids received and the amounts thereof. Within ten (10) days thereafter, 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. 3.9 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 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. 3.10 The City Engineer or his designee for HIGHLAND and SAN BERNARDINO shall have the authority to discuss and resolve issues concerning the PROJECT. The City Engineer or his designee 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 must be signed by the City Engineer or his designee and will be delivered by fax and must be returned within two (2)working days. 3.11 This Agreement may be cancelled upon thirty (30) days written notice of 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. 3.12 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 SAN BERNARDINO for their share of the PROJECT. 3.13 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties. 3.14 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between HIGHLAND and SAN BERNARDINO concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court in the County of San Bernardino, California. 3.15 Time is of the essence for each and every provision of this Agreement. 3.16 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any Party. Any term referencing time, days or period for performance shall be deemed working days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.17 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or Page 4 of 7 performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.18 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. 3.19 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.20 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. WITNESS WHEREOF, the Parties to these presents have hereunto set their hands. CITY OF HIGHLAND (Print or type name of corporation,company,contractor,etc.) *By Larry McCallon, Mayor-(sign in blue ink) Name (Print or type name of person signing contract) Title (Print or Type) Dated: �` 'dress Approved as to Legal Form Reviewed by Contract Compliance Presented to City Council for Signature City Counsel Department Head Date Date Date • Page 5 of 7 Cooperative Agreement For Rehabilitation of Boulder Avenue and Highland Avenue CITY OF SAN BERNARDINO (Print or type name of corporation,company,contractor,etc.) ■By (Authorized signature-sign in blue ink) Name: Charles McNeely (Print or type name of person signing contract) Title: City Manager (Print or Type) Dated: 'Iress: 300 N. "D" Street San Bernardino, CA 92418 Approved as to form: JAMES F. PENMAN City Attorney By 4°62' +•■• • Page 6 of 7 EXHIBIT A ESTIMATE OF PROJECT COSTS FOR CITY OF HIGHLAND AND CITY OF SAN BERNARDINO FOR BOULDER AND HIGHLAND AVENUES IN THE HIGHLAND AND SAN BERNARDINO AREAS DESCRIPTION PHASE OF TOTAL CITY OF %OF PROJECT CITY OF %OF WORK COST OF SAN SAN HIGHLAND PROJECT PROJECT BERNARDIN BERNARIDNO HIGHLAND 0 PAVEMENT DESIGN $110,000 $5,000 4.5% $105,000 95.5% REHABILITATION CONSTRUCTION $997,000 $143,032 14.3% $853,968 86.7% BOULDER AVENUE(BASE LINE STREET TO HIGHLAND AVENUE)AND HIGHLAND AVENUE(350 CONSTRUCTION $60,000 $8,600 14.3% 51,400 85.7% FEET EAST OF MANAGEMENT SUMMERTRAIL PLACE TO SURREY LANE TOTAL $1,167,000 $156,632 13.4% $1,010,368 86.6% PROJECT costs may be increased or decreased based on accepted contractor's bid. EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: BOULDER AVENUE AND HIGHLAND AVENUE CITY OF HIGHLAND CONTRACT# File: o1a09003 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of Highland, and City of San Bernardino for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: / / ❑APPROVED for Implementation with 100% Participation by CITY OF SAN BERNARDINO ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO ❑ % of Actual Cost to be funded by CITY OF SAN BERNARDINO ❑ CITY OF SAN BERNARDINO Participation Not to Exceed $ ❑ 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 HIGHLAND, and CITY OF SAN BERNARDINO agreement without separate amendment to said agreements. Net increases in costs deriving from this and •eviously 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? ❑ YES ❑ NO SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer(FAX#909-862-3180) Signed Original for CITY OF SAN BERNARDINO File Signed Original for CITY OF HIGHLAND File EXHIBIT C Engineering Resources of Southern California, Inc. Proposal (see attached) EXHIBIT D Environmental Clearance Notice of Exemption (see attached) EXHIBIT E Insurance Requirements (see attached)