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HomeMy WebLinkAbout2012-261 RESOLUTION NO. 2012-261 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE 3 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR PEDESTRIAN 4 INFRASTRUCTURE IMPROVEMENTS ALONG PACIFIC STREET FROM PERRIS HILL PARK TO GLASGOW AVENUE. 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 is hereby authorized and directed to execute a 8 Cooperative Agreement between the County of San Bernardino and the City of San 9 Bernardino for pedestrian infrastructure improvements on Pacific Street, from Penis Hill Park 10 11 Road to Glasgow Avenue as shown in said Agreement. A copy of said Cooperative 12 Agreement is attached and incorporated herein as Attachment"A". 13 SECTION 2. The authorization to execute the above-referenced Agreement is 14 rescinded if the parties fail to execute it within ninety (90) days of the passage of this 15 resolution. 16 17 /// 18 /// 19 /// 20 21 22 23 24 25 26 27 28 2012-261 RESOLUTION ... AUTHORIZING EXECUTION OF A COOPERATIVE 1 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR PEDESTRIAN 2 INFRASTRUCTURE IMPROVEMENTS ALONG PACIFIC STREET FROM PERRIS HILL PARK TO GLASGOW AVENUE. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint regular meeting 6 thereof, held on the 5th day of November , 2012, by the following vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ x 9 10 JENKINS x 11 VALDIVIA x 12 SHORETT x 13 KELLEY x 14 JOHNSON 15 16 MCCAMMACK x 17 18 Georgeirfin Hanna,CCity Clerk 19 The foregoing resolution is hereby approved this (p day of November , 2012. 20 21 �e*�,,. 22 Pati'ck J. orris, Mayor City Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney / 26 BY: 7/& 27 28 2012-261 FOR COUNTY USE ONLY S7 ® New FAS Vendor Code SC Dept. p Contract Number COMNn El Change SC A �BE' '• IN• ❑ Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. Public Works-Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Eric Jacobsen, Supervising Transportation (909)387-8166 $40,800 Analyst F A S Contract Type n 'Revenue Fl Encumbered f Unencumbered f Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount SAA TRA TRA 8842 20H14604 $40,800 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year PACIFIC STREET FY Amount I/D FY Amount I/D Pedestrian Infrastructure Imnrnvamantc — THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CITY OF SAN BERNARDINO hereinafter called CITY Address 300 North "D" Street San Bernardino. CA 92418-001 Telephone Federal ID No.or Social Security No. (909) 384-5211 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 install pedestrian infrastructure improvements on Pacific Street between Perris Hill Park Road and Glasgow Avenue (hereinafter referred to as "PROJECT"); and WHEREAS, the PROJECT is partially in the unincorporated area of the COUNTY and partially within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, the total project cost is estimated to be $407,900; and Auditor-Controller/Treasurer Tax Collector Use Only ❑Contract Database ❑FAS Input Date Keyed By Page 1 of 9 2012-261 WHEREAS, the PROJECT received a State Safe Routes to School grant in the amount of $367,100; and WHEREAS, the State Safe Routes to School grant requires a local match (MATCH) of $40,800 as a condition of receiving grant funds; and WHEREAS, PROJECT costs are partially (50%) in the unincorporated area of the COUNTY and partially (50%) within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, the costs are proportioned based on work done in each parties'jurisdiction; and WHEREAS, the COUNTY's contribution toward PROJECT MATCH is estimated at $20,400 (50% of MATCH) and the CITY's share of PROJECT MATCH is estimated at $20,400 (50% of MATCH), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference. WHEREAS, COUNTY desires to provide CITY with financial assistance in providing the CITY's share of MATCH in accordance with Streets & Highways Code section 1680, et seq., as there is a general COUNTY interest in the PROJECT; and WHEREAS, Streets & Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads; and WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads within CITY to contract with COUNTY for the PROJECT; and WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as they pertain to such participation and to the design, construction, and funding of the proposed project. 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 PROJECT. 1.2 Provide plans and specifications, environmental documents, and all necessary construction engineering for the PROJECT for CITY's review and approval. 1.3 Obtain a no-cost permit from the CITY for work within the CITY's right-of-way. 1.4 Advertise, award, fund, and administer the contract for the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.5 Pay its proportionate share of the MATCH, not-to-exceed $20,400, which shall be 50% of estimated MATCH (see Exhibit A). 1.6 Pay CITY's proportionate share of the MATCH, not-to-exceed $20,400, which shall be 50% of estimated PROJECT MATCH (see Exhibit A). 1.7 Submit to the CITY, on a monthly basis, an itemized accounting of actual final design and construction costs incurred by COUNTY to date and which have not already been paid by the CITY. 1.8 Require all contractors and vendors working on the design and construction of the PROJECT to have appropriate and adequate insurance coverage for the mutual protection and benefit of COUNTY and CITY. Except for Workers' Compensation, Errors and Pacific Street Pedestrian Infrastructure Improvements H14604 Page 2 of 9 2012-261 Omissions and Professional Liability policies, COUNTY shall require and ensure that all COUNTY contractors/subcontractors for the PROJECT shall have insurance policies that contain endorsements naming the CITY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement from ISO, CG 2010.11 85. 1.9 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. 1.10 Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation. 2.0 CITY AGREES TO: 2.1 Provide a no-cost permit to the COUNTY for its work in the CITY's right-of-way. 2.2 Not unreasonably withhold, condition, or delay its review of the PROJECT's plans and specifications. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY and its officers, employees, 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. Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 3.4 In the event of litigation arising from this Agreement, each party to the agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.1, 3.2, and 3.3, indemnification. 3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Workers' Compensation and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY's performance of the terms, conditions or obligations of this Agreement. 3.6 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all parties to be a necessary part of the PROJECT, said work, if approved by all parties, will be paid solely by the party requesting the work, unless all parties agree by written amendment to allocate the cost in accordance with the percentage allocation provided herein, or in some other mutually acceptable manner. 3.7 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 at a reasonable time prior to the awarding of a contract Pacific Street Pedestrian Infrastructure Improvements H14604 Page 3 of 9 2012-261 to construct the PROJECT to avoid any detrimental reliance by either contracting party, contractor or potential contractor. 3.8 If, upon opening of bids, it is found that a cost overrun exceeding 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) working days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 3.9 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. 3.10 If this Agreement is funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009, the COUNTY and CITY shall comply with the following provisions: Use of ARRA Funds and Requirements - This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the COUNTY for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the COUNTY if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the COUNTY may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Pacific Street Pedestrian Infrastructure Improvements H14604 Page 4 of 9 2012-261 Contractor may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the COUNTY with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards - In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agree to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the COUNTY may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Whistleblower Protection - Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. 3.11 This Agreement shall be for a term of three (3) years and shall terminate upon project completion as described in Paragraph 3.12 or December 31, 2015 (whichever occurs first), but may be cancelled upon thirty (30) days advance written notice of either party, provided however, that neither party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. 3.12 Except with respect to the Parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion 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 Pacific Street Pedestrian Infrastructure Improvements H14604 Page 5 of 9 2012-261 supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 3.14 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between 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, located 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 work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.17 No waiver of any default shall constitute a waiver of any other default or 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. 3.18 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 The Recitals are incorporated into the body of this Agreement. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. Pacific Street Pedestrian Infrastructure Improvements H14604 Page 6 of 9 2012-261 COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO (Print or type name of corporation,company,contractor,etc.) ► By ► Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Dated: Name: Andrea Travis-Miller (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: Acting City Manager CHAIRMAN OF THE BOARD (Print or Type) Laura H. Welch Dated: November , 2012 Clerk of the Board of Supervisors of the County of San Bernardino By Address: 300 North "D" Street, San Bernardino CA 92418 Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ND- County Counsel Department Head Date Date Date Approved as to form: James F. Penman, City Atto,- ey By: � Pacific Street Pedestrian Infrastructure Improvements H14604 Page 7 of 9 2012-261 EXHIBIT A ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/COUNTY OF SAN BERNARDINO DESIGN AND CONSTRUCTION OF PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS ON PACIFIC STREET IN THE SAN BERNARDINO AREA DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %OF COST OF SAN PROJECT SAN PROJECT PROJECT BERNARDINO COUNTY BERNARDINO CITY MATCH SHARE Pacific Street Between Perris Pedestrian Hill Park Road $40,800 $20,400 50% $20,400 50% Infrastructure and Glasgow Improvements Avenue 50% TOTAL $40,800 $20,400 $20,400 50% EXHIBIT B Pacific Street Pedestrian Infrastructure Improvements H14604 Page 8 of 9 2012-261 CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: PACIFIC STREET PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS COUNTY OF SAN BERNARDINO CONTRACT# File: H14604 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: / / ❑ 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 SAN BERNARDINO and COUNTY 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? El YES ❑ NO SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer(FAX#909-387-7920) Signed Original for CITY OF SAN BERNARDINO File Pacific Street Pedestrian Infrastructure Improvements H14604 Page 9 of 9 2012-261 FOR COUNTY USE ONLY fi7 7 New FAS Vendor Code � Dept. I C ontract Number ∎i°471 N� Change SC A V/ ❑ Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. Public Works-Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Eric Jacobsen, Supervising Transportation (909)387-8166 $40,800 Analyst F A S Contract Type n (Revenue lJ Encumbered El Unencumbered El Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount SAA TRA TRA 8842 20H14604 $40,800 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year PACIFIC STREET FY Amount I/D FY Amount I/D Pedestrian Infrastructure Imnrn,pmpntc THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CITY OF SAN BERNARDINO hereinafter called CITY Address 300 North "D" Street San Bernardino. CA 92418-001 Telephone Federal ID No.or Social Security No. (909) 384 -5211 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 install pedestrian infrastructure improvements on Pacific Street between Perris Hill Park Road and Glasgow Avenue (hereinafter referred to as "PROJECT"); and WHEREAS, the PROJECT is partially in the unincorporated area of the COUNTY and partially within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, the total project cost is estimated to be $407,900; and Auditor-Controller/Treasurer Tax Collector Use Only ❑Contract Database ❑FAS ATTACHMENT "A" Input Date Keyed By Page 1 of 9 2012-261 WHEREAS, the PROJECT received a State Safe Routes to School grant in the amount of $367,100; and WHEREAS, the State Safe Routes to School grant requires a local match (MATCH) of $40,800 as a condition of receiving grant funds; and WHEREAS, PROJECT costs are partially (50%) in the unincorporated area of the COUNTY and partially (50%) within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, the costs are proportioned based on work done in each parties' jurisdiction; and WHEREAS, the COUNTY's contribution toward PROJECT MATCH is estimated at $20,400 (50% of MATCH) and the CITY's share of PROJECT MATCH is estimated at $20,400 (50% of MATCH), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference. WHEREAS, COUNTY desires to provide CITY with financial assistance in providing the CITY's share of MATCH in accordance with Streets & Highways Code section 1680, et seq., as there is a general COUNTY interest in the PROJECT; and WHEREAS, Streets & Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads; and WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads within CITY to contract with COUNTY for the PROJECT; and WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as they pertain to such participation and to the design, construction, and funding of the proposed project. 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 PROJECT. 1.2 Provide plans and specifications, environmental documents, and all necessary construction engineering for the PROJECT for CITY's review and approval. 1.3 Obtain a no-cost permit from the CITY for work within the CITY's right-of-way. 1.4 Advertise, award, fund, and administer the contract for the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.5 Pay its proportionate share of the MATCH, not-to-exceed $20,400, which shall be 50% of estimated MATCH (see Exhibit A). 1.6 Pay CITY's proportionate share of the MATCH, not-to-exceed $20,400, which shall be 50% of estimated PROJECT MATCH (see Exhibit A). 1.7 Submit to the CITY, on a monthly basis, an itemized accounting of actual final design and construction costs incurred by COUNTY to date and which have not already been paid by the CITY. 1.8 Require all contractors and vendors working on the design and construction of the PROJECT to have appropriate and adequate insurance coverage for the mutual protection and benefit of COUNTY and CITY. Except for Workers' Compensation, Errors and Pacific Street Pedestrian Infrastructure Improvements H14604 Page 2 of 9 2012-261 Omissions and Professional Liability policies, COUNTY shall require and ensure that all COUNTY contractors/subcontractors for the PROJECT shall have insurance policies that contain endorsements naming the CITY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement from ISO, CG 2010.11 85. 1.9 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. 1.10 Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation. 2.0 CITY AGREES TO: 2.1 Provide a no-cost permit to the COUNTY for its work in the CITY's right-of-way. 2.2 Not unreasonably withhold, condition, or delay its review of the PROJECT's plans and specifications. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY and its officers, employees, 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. Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 3.4 In the event of litigation arising from this Agreement, each party to the agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.1, 3.2, and 3.3, indemnification. 3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Workers' Compensation and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY's performance of the terms, conditions or obligations of this Agreement. 3.6 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all parties to be a necessary part of the PROJECT, said work, if approved by all parties, will be paid solely by the party requesting the work, unless all parties agree by written amendment to allocate the cost in accordance with the percentage allocation provided herein, or in some other mutually acceptable manner. 3.7 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 at a reasonable time prior to the awarding of a contract Pacific Street Pedestrian Infrastructure Improvements H14604 Page 3 of 9 2012-261 • to construct the PROJECT to avoid any detrimental reliance by either contracting party, contractor or potential contractor. 3.8 If, upon opening of bids, it is found that a cost overrun exceeding 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) working days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 3.9 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. 3.10 If this Agreement is funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009, the COUNTY and CITY shall comply with the following provisions: Use of ARRA Funds and Requirements - This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the COUNTY for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the COUNTY if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the COUNTY may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Pacific Street Pedestrian Infrastructure Improvements H14604 Page 4 of 9 • 2012-261 Contractor may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the COUNTY with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards - In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agree to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the COUNTY may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Whistleblower Protection - Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. 3.11 This Agreement shall be for a term of three (3) years and shall terminate upon project completion as described in Paragraph 3.12 or December 31, 2015 (whichever occurs first), but may be cancelled upon thirty (30) days advance written notice of either party, provided however, that neither party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. 3.12 Except with respect to the Parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion 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 Pacific Street Pedestrian Infrastructure Improvements H14604 Page 5 of 9 2012-261 • supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 3.14 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between 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, located 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 work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.17 No waiver of any default shall constitute a waiver of any other default or 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. 3.18 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 The Recitals are incorporated into the body of this Agreement. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. Pacific Street Pedestrian Infrastructure Improvements H14604 Page 6 of 9 • 2012-261 •COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO (Print or typ ame of corporation,c mpany,contractor,etc.) BY V)( Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Dated: Name: Andrea Travis-Miller (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: Acting City Manager CHAIRMAN OF THE BOARD ( rint or Type) Laura H. Welch Dated: November , 2012 Clerk of the Board of Supervisors of the County of San Bernardino By Address: 300 North "D" Street, San Bernardino CA 92418 Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature County Counsel Department Head Date Date Date Approved as to form: James F. Penman, City Atto>, ey By: ��' Pacific Street Pedestrian Infrastructure Improvements H14604 Page 7 of 9 COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO (Print or type name of corporation,company,contractor,etc.) .41111°. ► �I� �'�,? By ► Josie G. - - arr.Ir, B•!'l� 'sor (Authorized signature-sign in blue ink) Dated: NOV 2 f Name: Andrea Travis—Miller (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: Acting City Manager CHAIRMAN OF THE BOARD (Print or Type) Laura H.Welch Dated: November , 2012 lerk of the Board of Supervisors of e County of San Bernardino By ,VP,, - Address: 300 North "D" Street, San Bernardino CA 92418 •:.uty Approved as to Legal Form Review by Contract C mplia c Presented to BOS for Signature °U6A71411 ,e,(4 County ounsel DepartmentHda�dd 1 I Date i ` 1 _ 1 Date t l V t l� Date t I t'1 11,2_ Approved as to form: James F.Penman, City Attorney By: Pacific Street Pedestrian Infrastructure Improvements H14604 Page 7 of 9 . 2012-261 EXHIBIT A ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/COUNTY OF SAN BERNARDINO DESIGN AND CONSTRUCTION OF PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS ON PACIFIC STREET IN THE SAN BERNARDINO AREA DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %OF COST OF SAN PROJECT SAN PROJECT PROJECT BERNARDINO COUNTY BERNARDINO CITY MATCH SHARE Pacific Street Between Perris Pedestrian Hill Park Road $40,800 $20,400 50% $20,400 50% Infrastructure and Glasgow Improvements Avenue 50% TOTAL $40,800 $20,400 $20,400 50% EXHIBIT B Pacific Street Pedestrian Infrastructure Improvements H14604 Page 8 of 9 . 2012-261 CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: PACIFIC STREET PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS COUNTY OF SAN BERNARDINO CONTRACT# File: H14604 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: / / ❑ 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 SAN BERNARDINO and COUNTY 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? ❑ YES ❑ NO SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer(FAX#909-387-7920) Signed Original for CITY OF SAN BERNARDINO File Pacific Street Pedestrian Infrastructure Improvements H14604 Page 9 of 9 RESOLUTION NO. 2012-217 A RESOLUTION TO PROVIDE FINANCIAL ASSISTANCE TO THE CITY OF SAN BERNARDINO TO INSTALL PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS ON PACIFIC STREET On Tuesday, November 27, 2012, on motion of Supervisor Derry, duly seconded by Supervisor Mitzelfelt, and carried, the following resolution is adopted by the Board of Supervisors of San Bernardino County, State of California. WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) and the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) submitted a joint application to the California Department of Transportation (Caltrans) for a grant under the Safe Routes to School Program (GRANT); and WHEREAS, the GRANT funds will be used to install in-ground lighted crosswalks, install or upgrade Americans with Disabilities Act-compliant curb ramps, and pavement markings on Pacific Street to benefit Pacific High School and Fairfax Elementary School (hereinafter referred to as PROJECT); and WHEREAS, the COUNTY and the CITY received a GRANT award of$367,100; and WHEREAS, the GRANT requires grantees to provide a local match of 10% of total PROJECT costs as a condition of receiving the GRANT; and WHEREAS, the COUNTY desires to provide financial assistance to the CITY to provide the required local matching funds for the GRANT; and WHEREAS, the PROJECT will be of mutual benefit to the County and City; and WHEREAS, the COUNTY will contribute the City's share of the local match of the GRANT in an amount not-to-exceed $20,400 in total for all work related to the PROJECT; and WHEREAS, the COUNTY determines that there is a general COUNTY interest in providing such aid to the CITY for the PROJECT in that the proposed improvements will also serve children of the unincorporated area of the COUNTY; and WHEREAS, such aid will come from the COUNTY road fund; and WHEREAS, this resolution must be approved by a four-fifths vote of the Board of Supervisors of San Bernardino County pursuant to Streets & Highways Code section 1680. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of San Bernardino, State of California, hereby adopts the above recitals and determines that it will provide financial assistance to the City of San Bernardino for the proposed PROJECT in an amount not-to-exceed $20,400. PASSED AND ADOPTED by the Board of Supervisors of the County of San Bernardino, State of California, by the following vote: DEPARTMENT OF PUBLIC WORKS FLOOD CONTROL • LAND DEVELOPMENT&CONSTRUCTION • OPERATIONS SOLID WASTE MANAGEMENT • SURVEYOR • TRANSPORTATION ' COUNTY OF SAN BERNARDINO ref•A 825 East Third Street • San Bernardino,CA 92415-0835 • (909)387-8104 GERRY NEWCOMBE Fax (909)387-8130 Director of Public Works January 9, 2013 File: H14604 City of San Bernardino 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 Attention: Robert G. Eisenbeisz. P.E. City Engineer, Public Works Department RE: GRANT AWARD FROM CALTRANS UNDER THE SAFE ROUTES TO SCHOOL PROGRAM Dear Mr. Eisenbeisz: The County of San Bernardino Board of Supervisors, at their regular meeting held on November 27, 2012, adopted Resolution No. 2012-217 to provide County aid to the City and authorized execution of the attached Cooperative Agreement No. 12-852 with City of San Bernardino for the installation of pedestrian infrastructure improvements on Pacific Street in the San Bernardino area. Attached are a certified copy of the San Bernardino County Board item, the adopted Resolution, and an executed agreement for your records. If you have any questions regarding the above, please contact Steve Martinez at (909) 387-8169 or the undersigned at (909) 387-8166. Sincerely, &A- ioc)14,-.660 .--t- Eric D. Jacobsen, Supervising Transportation Analyst Transportation Planning Division EDJ:dh Itr-san Bernardino -sr2s pacific street . 1.9.13 Attachments Board of Supervisors GREGORY C DEVEREAUX ROBERT A.LOVING00D First District JAMES RAMOS Third District Chief Executive Officer JANICE RUTHERFORD Second District GARY C OVITT Fourth District JOSIE GONZALES Fifth District REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION November 27, 2012 FROM: GERRY NEWCOMBE, Director Department of Public Works -Transportation SUBJECT: GRANT AWARD FROM CALTRANS UNDER THE SAFE ROUTES TO SCHOOL PROGRAM RECOMMENDATION(S) 1. Accept a Grant Award No. 12-851 from Caltrans in the amount of $367,100 from the State Safe Routes to School Program Call for Projects for the installation of pedestrian infrastructure improvements on Pacific Street in the San Bernardino area. 2. Approve Cooperative Agreement No. 12-852 between the County of San Bernardino (County) and the City of San Bernardino (City) under which the City shall grant the County a no fee encroachment permit for work in the City's Right of Way. 3. Adopt a Resolution No. 2012-217 determining that there is a general County interest in providing County funds in the amount of $20,400 for pedestrian infrastructure improvements on the City portion of Pacific Street pursuant to Streets and Highways Code section 1680 (Four votes required). (Affected Districts: Third) (Presenter: Gerry Newcombe, Director, 387-7906) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Improve County Government Operations. Maintain Public Safety. Provide for the Health and Social Services Needs of County Residents. Pursue County Goals and Objectives by Working with Other Governmental Agencies. FINANCIAL IMPACT Approval of this item will not result in any Discretionary General Funding (Net County Cost) as the required local matching funds for the Project are financed by Gas Tax funds. The actions to approve the cooperative agreement and to process acceptance of the grant funds have minimal financial impact. The total estimated cost of this Project is $407,900 and requires local matching funds of$40,800, normally to be divided 50% between the County and 50% by the City. However, due to the City's bankruptcy, the County will provide the full $40,800 required local match for the project as it is in the best interest of the County to complete the project. Funds for the County's and City's required local match are available in the Department of Public Work's (Department) Fiscal Year 2012-13 Road Operations budget (SAA TRA TRA - 20H14604). Page 1 of 3 cc: w/resolution grdabfA�tibf.tioard of Supervisors Trans-Jacobsen w/agree ti� �' '' Contractor do Dept w/agree APPROVED'(CONSENT CALENDAR) ACR-Acct Pay Mgr w/agree = ' COUNTY:OF SAN BERNARDINO EBIX/BPO c/o Risk eBoardof Sluper;4isors Trans-Newcombe " t CAO-Valdez MOTION JSECOND ABSENT < 'M E AYE AYE File—w/agree : 1 2 4 5 jr 12/13/12 LAURA H.` 14 (r._ BOARD •ITEM 49 BY �,talk. Rev 4-19-12 DATED: November 27, 20 2 GRANT AWARD FROM CALTRANS UNDER THE SAFE ROUTES TO SCHOOL PROGRAM NOVEMBER 27, 2012 PAGE 3 OF 3 Sections 1680 and 1681, the Board of Supervisors may, by a resolution adopted by a four-fifths vote, determine that county aid shall be extended for the improvement or maintenance of a street within a city if there is a general County interest in providing such aid. This project will be of benefit to the County since the proposed improvements will also serve children who live in the unincorporated area. Recommendation No. 3 of the agenda item will allow the County to provide County Road funds for the City's contribution toward the local match. This cooperative agreement will terminate upon completion of the Project or December 31, 2015 (whichever occurs first). In addition, prior to award of the construction contract, either party may terminate the cooperative agreement upon thirty (30) days written notice. The City of San Bernardino approved this cooperative agreement on November 5, 2012. REVIEW BY OTHERS This item has been reviewed by County Counsel (Scott M. Runyan, Deputy County Counsel, 387- 5455) on September 10, 2012 and the County Administrative Office (Beatriz Valdez, Public Works Chief Financial Officer, 387-1852) on November 12, 2012. 11/27/12#49 FOR COUNTY USE ONLY yWc"'J y New Vendor Code Dept. Contract Number "" Change SC TRA 2-$5 I =' Cancel ' f/�' County Department Dept. Orgn. Contractor's License No. Public Works-Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Eric Jacobsen, Supervising (809)387-8170 Tranennrtatinn Analvet F A S Contract Type ® Revenue ❑ Encumbered ❑ Unencumbered ❑ Other: CONTRACT TRANSMITTAL If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount SAA TRA TRA 8760 1 20H14604 $367,100 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ I I Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ I I Project Name Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D Safe Routes to School Grant Parifir Straat — Padoctrian Imnrnvemonts — CONTRACTOR State Department of Transportation Federal ID No. or Social Security No. Contractor's Representative Ray Zhang, Chief, Office of Program Implementation Address 1120 N Street, P.O. Box 942874 MS#1, Sacramento, CA 94274-0001 Phone (909) 654 - 3151 Nature of Contract: On March 23, 2012, the CEO authorized the Departnientltq submit a grant application under the State's 10th Cycle Safe Routes to School Program Call for Projects Projects. j-Lip.State Safe Routes to School Program provides grant funding under a competitive basis for pedestrian infrastructure projects to improve pedestrian safety near schools. On June 29, 2012, the County received notification from Caltrans that the joint County/City application was successful in receiving a State Safe Routes to School grant award under the 10th Cycle Call for Projects in the amount of $367,100 towards the installation of three in-grt und illuminated crosswalks, installation or upgrade of Americans with Disabilities Act+compliant curb ramps, and dresswk and street marking repainting on Pacific Street, between Perris Hill I:r*'Road and Glasgow Avenue in the Sari Bernardino area. . The SR2S guidelines require construction to Stmt within 30 months of the grant award date. The Department estimates that construction will begin in October of 2013. Approved as to Legal For (sign in blue ink) Reviewed daas1to Contract Compl nce , Presented to BOS for Signature ■ For ► "L/0 ∎le 'i' v ■A ' � Y Count Counsel Department Hea Date I ( ' II G – 1 Z. Date 11 /U//' Date tiliClit Auditor/Controller-Recorder Use Only ❑Contract Database ❑FAS Input Date Keyed By Revised 1/13/2009 STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G.BROWN Jr.Governor DEPARTMENT OF TRANSPORTATION • Division of Local Assistance 1120 N STREET P.O.BOX 942874,MS#1 ~'`"'' Sacramento,CA 94274-0001 TTY 711 (916)654-3151 Fax(916)653-7621 File 08-SBD-0-CR SR2SL-5954(129) November 2,2012 Pacific Street from Perris Hill Paris Road to Glasgow Avenue in the community of West Highlands Mr.Brendon Biggs Director of Pubic Works San Bernardino County 825 East Third Street San Bernardino,CA 92415 Attn:Mr.John Gregory Dear Mr. Biggs: Your letter received on October 23, 2012, requested an allocation of State funds from the Safe Routes to Schools Program (SR2S) for San Bernardino County's Safe Routes to Schools project on Pacific Street. The State hereby makes the allocation in the amount of$367,100.00 of State funds for all phases of this project effective November 01, 2012. You may now proceed with the project. Any work performed after this date will be eligible for reimbursement. This Office will soon send you a Program Supplement Agreement for execution. Please do not submit invoices for this project until The agreement is fully executed by both you and the State. The project award information should be submitted to the District Local Assistance Engineer(DLAE)immediately after award of the construction contract. An Award Information sheet needs to be included with your first invoice for reimbursement. If you have any questions,please contact your District Local Assistance Engineer. Sincerely, 0(. , BARRY LEAMING,Chief Office of Project Implementation-South Division of Local Assistance c:DLA AE Project Files (08)DLAE-Sean Yeung(Acting) Local Program Accounting Dawn Foster NOV MIE© lEOWED 0 9 2012 TRANSPORTATION PLANNING DIVISION