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HomeMy WebLinkAbout15-Public Services ORIGiNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: June 18, 2009 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $48,900 to the County of San Bernardino for slurry seal treatment to the pavements on Fifth Street, from Waterman Avenue to 0.23 mile west of Pedley Road and on Third Street, from Waterman Avenue to Tippecanoe Avenue. From: Ken Fischer, Director Dept: Public Services Meeting Date: July 20, 2009 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. ;;:f?/ Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution and Exhibit "A" (Agreement) Ward: 1 Source: $48,900 FY 09-10 (CIP) 129-367-5504-7306 (Slurry Seals - Various Locations) FUNDING REQUIREMENTS: Amount: Council Notes: Finance: ~S() c200 tJ -~0,J" Agenda Item No. ~ 5" ..,...",,_..... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $48,900 to the County of San Bernardino for slurry seal treatment to the pavements on Fifth Street, from Waterman Avenue to 0.23 mile west of Pedley Road and on Third Street, from Waterman Avenue to Tippecanoe Avenue. Background: The Public Services Department, Streets Division and the County of San Bernardino desire to cooperate and jointly participate in a project to apply slurry seal treatment to the shared pavements on Fifth Street, from Waterman Avenue to 0.23 mile west of Pedley Road (Project No.1) and on Third Street, from Waterman Avenue to Tippecanoe Avenue (Project No 2). The County will act as the lead agency in the design and construction of the projects and the City will reimburse the County for all costs associated with the below projects. Project NO.1 is partially (76%) in the unincorporated area of the County of San Bernardino and partially (24%) within the incorporated area of the City of San Bernardino. Project NO.2 is partially (68%) in the unincorporated area of the County of San Bernardino and partially (32%) within the incorporated area of the City of San Bernardino. The County of San Bernardino and the City of San Bernardino will work together to fund the above projects. The total project cost for both Project No. 1 and 2 is estimated to be $164,008. Project NO.1 and Project No. 2's costs are $45,125 and $118,883, respectively (See Exhibit "A"). The County's share of Project No 1 is $34,295 or (76%) and project NO.2 is $80,840 or (68%). The City's share for Project NO.1 is $10,830 or (24%) and the City's share for Project NO.2 is $38,043 or (32%). Below is a chart that illustrates how Project NO.1 and Project NO.2 will be funded: ResDonsible Partv Project No.1 % County of San $34,295 76% Bernardino Citv of San Bernardino $10,830 24% Total cost $45,125 100% Proiect No.2 % Total Share $80,840 68% $115,135 $38,043 32% $48,873 $118,883 100% $164,008 Both projects include re-striping after the slurry application. Staff recommends that the Mayor and Common Council authorize the execution of an Agreement and issuance of a Purchase Order in the amount of $48,900 to the County of San Bernardino for the slurry seal projects. Financial Impact: Funds are available in the Capital Improvement Program (CIP) budget for FY 09-10 Budget, Account No. 129-367-5504-7306 (Slurry Seals - Various Locations) in the amount of $48,900. Recommendation: Adopt Resolution. 1 2 3 4 5 6 7 8 RESOLUTION NO. (Corv RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $48,900 TO THE COUNTY OF SAN BERNARDINO FOR SLURRY SEAL TREATMENT TO THE PAVEMENTS ON FIFTH STREET, FROM WATERMAN AVENUE TO 0.23 MILE WEST OF PEDLEY ROAD AND ON THIRD STREET, FROM WATERMAN AVENUE TO TIPPECANOE AVENUE. WHEREAS, the City of San Bernardino and the County of San Bernardino desire to enter into an agreement for slurry seal treatment to the pavements on Fifth St., from Waterman Ave., to West Pedley Rd., and on Third St., from Waterman Ave., 9 10 to Tippecanoe Ave; and 11 12 13 14 15 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 to execute on behalf of said City an Agreement between the City of San Bernardino and the County of San Bernardino, a copy of which is attached hereto, 16 marked as Exhibit "A", and incorporated herein by this reference as fully as though set 17 18 19 forth at length. SECTION 2. That pursuant to this determination the Director of Finance or her 20 designee is hereby authorized to issue a purchase order to the County of San 21 Bernardino in the amount of $48,900 for FY 09-10. 22 SECTION 3. The Purchase Order shall reference this Resolution Number and 23 shall read, "County of San Bernardino for slurry seal treatment. Agreement not to 24 exceed $48,900" and shall incorporate the terms and conditions of the agreement. 25 26 III 27 III 28 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $48,900 TO THE COUNTY OF SAN BERNARDINO FOR SLURRY SEAL TREATMENT TO THE PAVEMENTS ON FIFTH STREET, FROM WATERMAN AVENUE TO 0.23 MILE WEST OF PEDLEY ROAD AND ON THIRD STREET, FROM WATERMAN AVENUE TO TIPPECANOE AVENUE. 6 SECTION 4. The authorization to execute the above referenced Purchase 7 Order and Agreement is rescinded if it is not executed by both parties within one- 8 hundred and twenty (120) days of the passage of this resolution. 9 III 10 11 12 III 13 III 14 III 15 III III 16 III 17 III 18 III 19 20 III 21 III 22 III 23 III 24 III 25 III 26 27 III 28 III 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $48,900 TO THE COUNTY OF SAN BERNARDINO FOR SLURRY SEAL TREATMENT TO THE PAVEMENTS ON FIFTH STREET, FROM WATERMAN AVENUE TO 0.23 MILE WEST OF PEDLEY ROAD AND ON THIRD STREET, FROM WATERMAN AVENUE TO TIPPECANOE AVENUE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2009, by the 9 following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER 14 15 16 KELLEY SHORETT 17 JOHNSON 18 MCCAMMACK 19 20 21 22 Rachel G. Clark, City Clerk 23 24 25 The foregoing resolution is hereby approved this ,2009. day of Approved as to Form: 26\ ? 27 By: (, p/1n~ 1- -1 (/1/1,"'-- iames F. Penman 28 VY Attorney Patrick J. Morris, Mayor City of San Bernardino EXHIBIT "A" DEPARTMENT OF PUBLIC WORKS FLOOD CONTROL. SOLID WASTE MGMT . SURVEYOR. TRANSPORTATION ~ast Third Street . San Bernardino, CA 92415.0835 . (909) 387.8104 Fax (909) 387.8130 COUNTY OF SAN BERNARDINO PUBLIC AND SUPPORT SERVICES GROUP GRANVILLE M. "BOW" BOWMAN, P.E., P.L.S. Director of Public Works June 10, 2009 File: HA0223 City of San Bernardino Public Services Department 300 North "0" Street 3rd Floor , San Bernardino, CA 92418 Attention: Ken Fischer Director RE: COOPERATIVE AGREEMENT TO SLURRY SEAL FIFTH STREET AND THIRD STREET Dear Mr. Fischer: Attached is the cooperative agreement between the County and the City of San Bernardino for the slurry seal projects on Fifth Street and Third Street, in the San Bernardino area. Three original copies of the final agreement are attached. Please have all copies signed, executed, and returned to this office. Our office will send you a fully executed copy of the agreement after all the signatures have been obtained and the item has been approved by the County of San Bernardino Board of Supervisors. If you have any questions regarding the above, please contact Haile Ford at (909) 387-8168. Sincerely, )1 ~/l / cLvL BRENDO BIGGS, P.E., Chief Transportation Planning Division BB:BH:lr Attachments L TR . SSC slurry 5th 3rd HA0223 6-1 0-09 MJe-,Rr;H, UtTER County Arimiflistra1lv8 Office; l"ORI\~,c.r~ jc.., Ki,IWL[' A.Ss!sianl c.:oullty Ad'11111lstratcr Public and Suppo'; Ser'llces GroUL' 8oardofSupervisors SRAD ,\.~ITZELFEL T First Oistric~ I~EI~ DERRY PAUL bl,LJJE Second DiSlrlct GARY C O'JITT JOSIE GCmZALES fiflh Distnc~ Thire District Fourth Distric COUNTY OF SAN BERNARDINO FAS STANDARD CONTRACT FOR COUNTY USE ONLY IX New Vendor Code Dept. Contract Number f- Change SC TRA A Cancel County Department Dept. Orgn. Contractor's License No. Public Works - Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount Brendon Bioos 909 387-8166 $115,135 Contract Type o Revenue D Encumbered IX! Unencumbered D Other: If not encumbered or revenue contract type, provide reason: LEAD AGENCY Commodity Code Icontract Start Date Contract End Date Original Amount This Amendment Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount SAA TRA TRA 200 2445 34HA0223 $115,135 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 San Bernardino S/urrv FY Amount 110 FY Amount 110 Seal Various Roads - - Contract Type - Special - - (Risk Management Approved) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the COUNTY, and City of San Bernardino 300 North D Street San Bernardino, CA 92418 Telephone Federal 10 No. or Social Security No. (909) 384-5211 Name Address hereinafter called: CITY IT IS HEREBY AGREED AS FOllOWS: WITNESSETH WHEREAS, the County of San Bernardino (hereinafter referred to as COUNTY) and the City of San Bernardino (hereinafter referred to as CITY) desire to cooperate and jointly participate in a project to apply a slurry seal treatrnent to the pavements on Fifth Street, from Waterman Avenue to 0.23 mile west of Pedley Road (hereinafter referred to as PROJECT-1); and on Third Street, frorn Waterman Avenue to Tippecanoe Avenue (hereinafter referred to as PROJECT-2). Hereinafter PROJECT-1 and PROJECT-2 are collectively referred to as PROJECTS; and WHEREAS, PROJECT-1 is partially (76%) in the unincorporated area of the COUNTY and partially (24%) within the incorporated area of the CITY; and PROJECT-2 is partially (68%) in the unincorporated area of the COUNTY and partially (32%) within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, it is anticipated that the funding for the PROJECT will be from COUNTY road funds and CITY local funds; and Page 1 of 5 WHEREAS, the PROJECTS total cost is estimated to be $164,008. PROJECT-1 and PROJECT-2's costs are $45,125 and $118,883, respectively. The COUNTY's share of cost for PROJECT-1 is $34,295 (76%) and PROJECT-2 is $80,840 (68%); the CITY's share of cost for PROJECT-1 is $10,830 (24%) and PROJECT-2 is $38,043(32%), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, the COUNTY and CITY desire to set forth responsibilities and obligations of each as they pertain to participation, construction and funding of the proposed PROJECTS. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the design and construction of the PROJECTS. 1.2 Provide plans and specifications and all necessary construction engineering for the PROJECTS for CITY's review and approval. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY, and the Caltrans Design Manual, 20 year design life. 1.4 Obtain a no-cost permit from the CITY for work within the CITY's right-of-way. 1.5 Advertise, award and administer the construction of the PROJECTS, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.6 Require its Contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11-07SP. 1.7 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY's contractors or subcontractors for the PROJECTS and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY's receipt of written demand from CITY for such records. This shall be included as a PROJECT cost. 1.8 After bid opening and prior to award of the contract, submit to the CITY an invoice for CITY's share of the PROJECTS costs, which is estimated at $48,873. 1.9 Pay its proportionate share of the PROJECTS costs, which is $34,295 (76% of total cost) for PROJECT-1 and $80,840 (68% of total cost) for PROJECT-2 (see Exhibit A). The PROJECTS costs shall include the cost of the PROJECTS design, construction, construction engineering, inspection, CEQA processing, and COUNTY overhead. COUNTY's share of the total PROJECTS costs is estimated at $115,135. COUNTY shall be responsible for the sum of $115,135, plus its jurisdictional share of any PROJECT cost increases pursuant to paragraph 3.6 below and pay such costs from COUNTY road funds. 1.10 Submit to the CITY, on a monthly basis, an itemized accounting of actual PROJECT costs incurred by COUNTY to date. If the CITY's share of the PROJECTS cost exceeds the sum of $48,873 paid up-front by the CITY, the itemized accounting shall include an invoice for CITY's share (based on whether the required work was in CITY's jurisdiction) of the PROJECTS costs in excess of the $48,873 paid up-front. Costs shall be amended following CITY and COUNTY acceptance of the final construction cost accounting. 1.11 Include compliance with any applicable CEQA requirements as well as completing the required CEQA documentation. 2.0 CITY AGREES TO: 2.1 Pay to the COUNTY its proportionate share of the PROJECTS costs, which is $10,830 (24% of total cost) for PROJECT-1 and $38,043 (32% of total cost) for PROJECT-2 (see Exhibit A). The PROJECTS cost shall include the cost of PROJECTS design, construction, construction engineering, inspection, CEQA processing, and COUNTY overhead. CITY's share of the total PROJECTS cost is estimated at $48,873. The CITY shall pay the sum of $48,873 to the Page 2 of 5 San Bernardino Slurry Seal Project HA0223 COUNTY after the bid opening and prior to the award of construction contract pursuant to paragraph 1.8. 2.2 Pursuant to paragraph 1.10, reimburse the COUNTY for the PROJECTS cost in excess of the sum of $48,873 paid up-front by the CITY, including CITY's portion of any PROJECTS cost increases pursuant to paragraph 3.6 below. Such reimbursement shall be made within thirty (30) days after receipt of an itemized statement as set forth in paragraph 1.10 of this Agreement setting forth all actual PROJECTS cost incurred by COUNTY to date and which have not already been paid by CITY, together with adequate documentation of said expenditures. 2.3 Provide a no-cost permit to the COUNTY for its work in the CITY's right-of-way. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY its officers, employee, 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 the COUNTY's performance of its obligations under this agreement. 3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from the CITY's negligent acts or omissions which arise from the CITY's performance of its obligations under this agreement. 3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. 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 CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the COUNTY or CITY 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 shall not apply to the costs or attorney fees relative to paragraphs 3.1 and 3.2 indemnification. 3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, General liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. 3.6 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECTS costs. Any additional PROJECTS costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.7 below) over the estimated total of the PROJECTS' cost of $164,008 (which is the sum of $115,135 from COUNTY and $48,873 from CITY) shall be borne by each Party based upon where the work is required (e.g. whether the work is required in the COUNTY's or CITY's jurisdiction). 3.7 If either COUNTY or CITY 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, or if no unit costs are available, then the fixed cost negotiated by the COUNTY and agreed to by the Party requesting the work. 3.8 COUNTY shall notify CITY of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY and CITY 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 Party within 15 days after determining the finai cost and prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either contracting Party, contractor or potential contractor. Page 3 of 5 San Bernardino Slurry Seal Project HA0223 3.9 If after opening bids for the PROJECT, it is found that a cost overrun of 25% or less of the estimated PROJECT costs will occur, COUNTY may award the contract. 3.10 If, upon opening of bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, COUNTY shall not award any contracts for the PROJECT. Rather COUNTY and CITY 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. 3.11 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 both COUNTY and CITY. Contract Change Order forms will be delivered by fax and must be returned within two (2) working days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments or settlements associated with the disapproved or modified change order. 3.12 This Agreement may be cancelled upon thirty (30) days written notice of either party, provided however, that neither Party may cancel this Agreement after COUNTY 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 in the same proportion to their contribution for the PROJECT. 3.13 Except with respect to the Parties' indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECTS costs. 3.14 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY 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. 3.16 Time is of the essence for each and every provision of this Agreement. 3.17 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.18 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. 3.19 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. 3.20 This Agreement may be signed in counterparts, each of which shall constitute an original. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. Page 4 of 5 San Bernardino Slurry Seal Project HA0223 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. COUNTY OF SAN BERNARDINO (Print or type name of corporation, company, contractor, etc.) ~ Gary C. Ovitt. Chairman, Board of Supervisors By ~ (Authorized signature - sign in blue ink) Dated: Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dena M. Smith Clerk of the Board of Supervisors of the County of San Bernardino. Titie (Print or Type) Dated: By Address Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ~ ~ Department Head County Counsel Date Date Date -' ~, '!;' .~... .\ {,' Li......j .;).~,U FAU' F (J; :Rf~"J " Jf:i;'Hc.\ F. C~ ~j' A,d{f'Tf~~:i lP." -'lfJ' ...._._.~_.~__~_~ Page 5 of 5 San Bernardino Slurry Seal Project HA0223 EXHIBIT A ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/COUNTY OF SAN BERNARDINO FOR SLURRY SEAL TREATMENT IN THE SAN BERNARDINO AREA DESCRIPTION LIMITS TOTAL COUNTY OF '10 OF CITY OF SAN '10 OF COST OF SAN PROJECT BERNARDINO PROJECT PROJECT BERNARDINO COUNTY CITY SHARE Fifth Street, from Waterman Avenue Slurry Seal to .23m west of $45,125 $34,295 76'10 $10,830 24% Pedley Road (Project-1) Th i rd Street, from Waterman Avenue Slurry Seal to Tippecanoe $118,883 $80,840 68'10 $38,043 32% Avenue (Project-2) TOTAL $164,008 $115,135 70% $48,873 30% EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: SAN BERNARDINO SLURRY SEAL COUNTY OF SAN BERNARDINO CONTRACT # File: HA0223 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino and County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: _/~_ o APPROVED for Implementation with 100% Participation by CITY OF SAN BERNARDINO o APPROVED Subject to Comments/Revisions Accompanying This Document o APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO o % of Actual Cost to be Funded by CITY OF SAN BERNARDINO o CITY OF SAN BERNARDINO Participation Not to Exceed $ o DISAPPROVED -Not Acceptable to CITY OF SAN BERNARDINO Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing CITY OF SAN BERNARDINO agreements without separate amendment to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments, as follows and/or attached, are conditions of the above action? 0 YES 0 NO SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer (FAX # 909-387-7920) Signed Original for CITY OF SAN BERNARDINO File COUNTY OF SAN BERNARDINO FAS STANDARD CONTRACT FOR COUNTY USE ONLY X New Vendor Code Dept. Contract Number - Change SC TRA A Cancel County Department Dept. Orgn. Contractor's License No. Public Works - Transnortation TRA TRA County Department Contract Representative Telephone Total Contract Amount Brendon Bioos 909387-8166 $115,135 Contract Type D Revenue D Encumbered [Xl Unencumbered D Other: If not encumbered or revenue contract type, provide reason: LEAD AGENCY Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount SAA TRA TRA 200 2445 34HA0223 $115,135 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount Fund Dept. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Orig. Amount I Project Name Estimated Payment Total by Fiscal Year San Bernardino Slurry FY Amount liD FY Amount liD Seal Various Roads - - Contract Type - Special - - (Risk Management Approved) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the COUNTY, and City of San Bernardino 300 North D Street San Bernardino, CA 92418 Telephone Federal ID No. or Social Security No. (909) 384-5211 Name Address hereinafter called: CITY IT IS HEREBY AGREED AS FOllOWS: WITNESSETH WHEREAS, the County of San Bernardino (hereinafter referred to as COUNTY) and the City of San Bernardino (hereinafter referred to as CITY) desire to cooperate and jointly participate in a project to apply a slurry seal treatment to the pavements on Fifth Street, from Waterman Avenue to 0.23 mile west of Pedley Road (hereinafter referred to as PROJECT-1); and on Third Street, from Waterman Avenue to Tippecanoe Avenue (hereinafter referred to as PROJECT-2). Hereinafter PROJECT-1 and PROJECT-2 are collectively referred to as PROJECTS; and WHEREAS, PROJECT-1 is partially (76%) in the unincorporated area of the COUNTY and partially (24%) within the incorporated area of the CITY; and PROJECT-2 is partially (68%) in the unincorporated area of the COUNTY and partially (32%) within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, it is anticipated that the funding for the PROJECT will be from COUNTY road funds and CITY local funds; and Page 1 of 5 EXHIBIT "A" WHEREAS, the PROJECTS total cost is estimated to be $164,008. PROJECT-1 and PROJECT-2's costs are $45,125 and $118,883, respectively. The COUNTY's share of cost for PROJECT-1 is $34,295 (76%) and PROJECT-2 is $80,840 (68%); the CITY's share of cost for PROJECT-1 is $10,830 (24%) and PROJECT-2 is $38,043(32%), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, the COUNTY and CITY desire to set forth responsibilities and obligations of each as they pertain to participation, construction and funding of the proposed PROJECTS. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the design and construction of the PROJECTS. 1.2 Provide plans and specifications and ali necessary construction engineering for the PROJECTS for CITY's review and approval. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY, and the Caltrans Design Manual, 20 year design life. 1.4 Obtain a no-cost permit from the CITY for work within the CITY's right-of-way. 1.5 Advertise, award and administer the construction of the PROJECTS, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.6 Require its Contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11-07SP. 1.7 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY's contractors or subcontractors for the PROJECTS and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY's receipt of written demand from CITY for such records. This shall be inciuded as a PROJECT cost. 1.8 After bid opening and prior to award of the contract, submit to the CITY an invoice for CITY's share of the PROJECTS costs, which is estimated at $48,873. 1.9 Pay its proportionate share of the PROJECTS costs, which is $34,295 (76% of total cost) for PROJECT-1 and $80,840 (68% of total cost) for PROJECT-2 (see Exhibit A). The PROJECTS costs shall include the cost of the PROJECTS design, construction, construction engineering, inspection, CEQA processing, and COUNTY overhead. COUNTY's share of the total PROJECTS costs is estimated at $115,135. COUNTY shall be responsible for the sum of $115,135, plus its jurisdictional share of any PROJECT cost increases pursuant to paragraph 3.6 below and pay such costs from COUNTY road funds. 1.10 Submit to the CITY, on a monthly basis, an itemized accounting of actual PROJECT costs incurred by COUNTY to date. If the CITY's share of the PROJECTS cost exceeds the sum of $48,873 paid up-front by the CITY, the itemized accounting shall include an invoice for CITY's share (based on whether the required work was in CITY's jurisdiction) of the PROJECTS costs in excess of the $48,873 paid up-front. Costs shall be amended following CITY and COUNTY acceptance of the final construction cost accounting. 1.11 Include compliance with any applicable CEQA requirements as well as completing the required CEQA documentation. 2.0 CITY AGREES TO: 2.1 Pay to the COUNTY its proportionate share of the PROJECTS costs, which is $10,830 (24% of total cost) for PROJECT-1 and $38,043 (32% of total cost) for PROJECT-2 (see Exhibit A). The PROJECTS cost shall include the cost of PROJECTS design, construction, construction engineering, inspection, CEQA processing, and COUNTY overhead. CITY's share of the total PROJECTS cost is estimated at $48,873. The CITY shall pay the sum of $48,873 to the Page 2 of 5 San Bernardino Slurry Seal Project HA0223 COUNTY after the bid opening and prior to the award of construction contract pursuant to paragraph 1.8. 2.2 Pursuant to paragraph 1.10, reimburse the COUNTY for the PROJECTS cost in excess of the sum of $48,873 paid up-front by the CITY, including CITY's portion of any PROJECTS cost increases pursuant to paragraph 3.6 below. Such reimbursement shall be made within thirty (30) days after receipt of an itemized statement as set forth in paragraph 1.10 of this Agreement setting forth all actual PROJECTS cost incurred by COUNTY to date and which have not already been paid by CITY, together with adequate documentation of said expenditures. 2.3 Provide a no-cost permit to the COUNTY for its work in the CITY's right-of-way. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY its officers, employee, 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 the COUNTY's performance of its obligations under this agreement. 3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from the CITY's negligent acts or omissions which arise from the CITY's performance of its obligations under this agreement. 3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. 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 CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the COUNTY or CITY 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 shall not apply to the costs or attorney fees relative to paragraphs 3.1 and 3.2 indernnification. 3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. 3.6 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECTS costs. Any additional PROJECTS costs resulting from increased bid prices. change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.7 below) over the estimated total of the PROJECTS' cost of $164,008 (which is the sum of $115,135 from COUNTY and $48,873 from CITY) shall be borne by each Party based upon where the work is required (e.g. whether the work is required in the COUNTY's or CITY's jurisdiction). 3.7 If either COUNTY or CITY 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, or if no unit costs are available, then the fixed cost negotiated by the COUNTY and agreed to by the Party requesting the work. 3.8 COUNTY shall notify CITY of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY and CITY 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 Party within 15 days after determining the final cost and prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either contracting Party, contractor or potential contractor. San Bernardino Slurry Seal Project HA0223 Page 3 of 5 3.9 If after opening bids for the PROJECT, it is found that a cost overrun of 25% or less of the estimated PROJECT costs will occur, COUNTY may award the contract. 3.10 If, upon opening of bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, COUNTY shall not award any contracts for the PROJECT. Rather COUNTY and CITY 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. 3.11 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 both COUNTY and CITY. Contract Change Order forms will be delivered by fax and must be returned within two (2) working days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments or settlements associated with the disapproved or modified change order. 3.12 This Agreement may be cancelled upon thirty (30) days written notice of either party, provided however, that neither Party may cancel this Agreement after COUNTY 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 in the same proportion to their contribution for the PROJECT. 3.13 Except with respect to the Parties' indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECTS costs. 3.14 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY 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. 3.16 Time is of the essence for each and every provision of this Agreement. 3.17 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.18 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. 3.19 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. 3.20 This Agreement may be signed in counterparts, each of which shall constitute an original. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. Page 4 of 5 San Bernardino Slurry Seal Project HA0223 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. COUNTY OF SAN BERNARDINO (Print or type name of corporation, company, contractor, etc.) .. Gary C. Ovitt, Chairman, Board of Supervisors By .. (Authorized signature - sign in blue ink) Dated: Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dena M. Smith Clerk of the Board of Supervisors of the County of San Bernardino. Title (Print or Type) Dated: By Address Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature County Counsel .. .. Department Head Date Date Date /:-,i<PHtf El'it AS TO FOlZML~ Jri.YH es F. r;_'~~;-',-i~n) CHy AH(I"n'.'_Y II.,. n;f/r~ }.tWW6,< "U~ Page 5 of 5 'San Bernardino Slurry Seal Project HA0223 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE DATE: July 22,2009 TO: Lisa Lewis, Executive Assistant to the Director Public Services Department FROM: Margaret Fedor, Executive Assistant to the City Clerk RE: Transmitting Documents for Signature - Resolution 2009-268 At the Mayor and Common Council meeting of July 20, 2009, the City of San Bernardino adopted Resolution No. 2009-268 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $48,900 to the County of San Bernardino for slurry seal treatment to the pavements on Fifth Street. from Waterman Avenue to 0.23 mile west of Pedley Road and on Third Street, from Waterman Avenue to Tippecanoe Avenue. Attached are one (1) original agreement and two (2) duplicate originals of the agreement to be executed. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to Margaret Fedor in the Citv Clerk's Office as soon as possible. Please retain one (1) duplicate original of the agreement for your records and forward the remaining duplicate originals to the appropriate party. Please note that the agreement will be null and void if not executed by November 17, 2009. Thank you. I hereby acknowl~ rece' Signed: ~ ~ "lO 3 '{; Pi t of the above mentioned documents. PLEASE SIGN AND RETURN Date: