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HomeMy WebLinkAbout07.I- Public Works RESOLUTION(ID#2078) DOC ID: 2078 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 11/19/2012 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 4 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Cooperative Agreement with the County of San Bernardino for Citrus Street and Sterling Avenue Storm Drain Improvements Financial Impact: None. The County agrees to pay the full cost of this project; therefore, there will be no financial impact to the City. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. C Background: The San Bernardino County Department of Transportation has proposed a cooperative project with the City of San Bernardino. The San Bernardino County Department of Transportation will be the lead agency for design and construction of the project. The work will consist of removing and reconstructing an existing culvert and upgrading a pedestrian access ramp at the northeast corner of Citrus Street and Sterling Avenue. The total cost of the project is $107,000, and the City's fair share is $37,700. Recognizing the City's cash flow situation, the County is proposing to complete all of the work at no cost to the City, subject to the condition that the City executes the attached Cooperative Agreement. The Cooperative Agreement is required for assignment of responsibilities and for liability purposes. The City's responsibility will be limited to issuance of a "No Fee" permit and oversight inspection of the work. City Attorney Review: Supporting Documents: Location Map Citrus& Sterling Draingage Improvements (DOC) Resolution (PDF) Cooperative Agreement (PDF) Updated: 11/15/2012 by Michael Grubbs 7.I.a m M 2 NE' el Rosa to Sterling rr 6a a ° E 33rd St _ tmentary i > � E « School Etlgemart Di to S E Marshall Blvd @ Marshall Blvd Marsha?Blvd aS z = I S. Del Rosa y z M U 1 r Belvade Y in Sterling r 8 0 Elemert;Park a 3Q D I Schoo D U O R m Lyr v d Dr E m z Lyrnvood Dr E 3 Q yj - z Avalan Ave i .T i r x 2 � o S� 3 Holly Vsta$ivd m C.N. Si D C+irus at Q:rus S7 E N `m Aquinas Cathool g c L High Schout n Mired?St .3 E2ftStm m D D c �F n E E Date St Dare 11 VD Date S7 E Date St Date St E � D <g Ma' q � ro$' E 27th St a g Barton Pn =?stn St MElementary E 25th St School n U E Pvmalo Sl ° Pumab St Pumato St Orchid Dr t` EOrch+a Of Z wa ':'1V<M i+jr V E 23rd St � n E WgMxid Ave E Highland Ave ' E m > O Q E d ZT >T C .m O iT C d U) ca LOCATION MAP in U COOPERATIVE AGREEMENT WITH THE COUNTY FOR CITRUS STREET AND STERLING AVENUE STORM DRAIN s IMPROVEMENTS (SD 13-001) o J C a) U a Packet Pg. 436 1 RESOLUTION NO. N 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING d EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN o 3 BERNARDINO FOR CITRUS STREET AND STERLING AVENUE STORM DRAIN a 4 IMPROVEMENTS. c 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY a OF SAN BERNARDINO AS FOLLOWS: E 6 0 y 7 SECTION 1. The City Manager is hereby authorized and directed to execute a a 8 Cooperative Agreement between the County of San Bernardino and the City of San s •L d 9 Bernardino for Citrus Street and Sterling Avenue Storm Drain Improvements, a copy of which y 10 is attached and incorporated herein as Attachment"A". a 11 SECTION 2. The authorization to execute the above-referenced agreement is $ 12 w rescinded if the parties to the agreement fail to execute it within ninety (90) days of the 3 13 0 14 passage of this resolution. m N 15 /// 3 16 E 17 a 18 0 0 19 co 20 0 N 21 0 22 y d 23 24 0 25 d rx 26 d E 27 U 28 a Packet Pg.437 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN c 2 BERNARDINO FOR CITRUS STREET AND STERLING AVENUE STORM DRAIN E IMPROVEMENTS. 3 ° CL 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor E = 5 and Common Council of the City of San Bernardino at a meeting o` E 6 thereof, held on the day of 2012, by the following vote, to wit: 8 7 Council Members: AYES NAYS ABSTAIN ABSENT o� 8 = 9 MARQUEZ y �a 10 JENKINS y N 3 11 VALDIVIA ` U 12 SHORETT 13 KELLEY 0 l 14 ca 15 JOHNSON L 16 MCCAMMACK E 17 d m a 18 Georgeann Hanna, City Clerk c 19 U The foregoing resolution is hereby approved this day of 2012. co 20 0 N 21 C 22 Patrick J. Morris, Mayor y City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, 5 25 City Attorney H m 26 W 27 28 a Packet Pg.438 i FOR COUNTY USE ONLY New FAS Vendor Code Dept. Contract Number �i ° " Change SC LA Cancel c ePro Vendor Number ePro Contract Number p County Department Dept. Orgn. Contractors License No. o PublicWorks-Transportation TRA TRA in County Department Contract Representative Telephone Total Contract Amount Q County of San Bernardino Eric D.Jacobsen,Supervising Transportation (909)387-8166 $37,700 rn Analyst F A S Contract Type v nue M En m erect en u bered EJ Qther m If not encumbered or revenue contract t e,provide reason: to STANDARD CONTRACT 06 Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount to N $ P Fund Dept. Organization Appr. Obj/Rev Source GRClPROJ/JOB No Amount U SAA TRA TRA 9800 181-114495 $107,000 0 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount $ 3 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount U $ m U) Project Name Estimated Payment Total by Fiscal Year Y STERLINGAVENUE FY Amount I/D FY Amount I/D '3 Culvert Replacement m E d d rn THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called o the County, and 0 U Name CITY OF SAN BERNARDINO hereinafter called CITY Address r 300 North "D"Street r° San Bernardino. CA 92418-001 Telephone Federal ID No.or Social Securdy No p (909)384 -5211 m d IT IS HEREBY AGREED AS FOLLOWS: WITNESSETH d E d 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 a in a project to install a culvert under Sterling Avenue at Citrus Street and upgrade one pedestrian access ramp on the northeast corner of Sterling Avenue at Citrus Street (hereinafter referred to as o `PROJECT'); and ` 0. 0 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 E r WHEREAS, the total project cost is estimated to be $107,000; and a Auditor-Controller/rreasurer Tax Collector Use On/ ❑Contract Database ❑FAS Input Date Keyed By Packet Pg.439 © WHEREAS, PROJECT costs are partially (64.77%) in the unincorporated area of the S COUNTY and partially (35.23%) within the incorporated area of the CITY, and will be of mutual 2 benefit to the COUNTY and CITY; and E 0 WHEREAS, the costs are proportioned based on work done in each party's jurisdiction; and N d WHEREAS, the COUNTY desires to provide financial assistance to the CITY to design and rn construct the PROJECT; and .L m WHEREAS, the COUNTY's share toward PROJECT cost is estimated at $69,300 (64.77% of PROJECT) and the CITY's share of PROJECT cost is estimated at $37,700 (35.23% of PROJECT), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by N reference; and U WHEREAS, COUNTY desires to provide CITY with financial assistance in providing the w CITY's share of PROJECT in accordance with Streets and Highways Code section 1680, et seq., T as there is a general COUNTY interest in the PROJECT; and 0 U WHEREAS, Streets and Highways Code sections 1685 and 1803 authorize CITY to contract m with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the r legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads; and v WHEREAS, the legislative body of CITY determines that it is necessary for the more E efficient maintenance, construction, or repair of streets and roads within CITY to contract with COUNTY for the a PROJECT; and 0 0 0 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 PROJECT. m 0 NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: c 1.1 Act as the Lead Agency in the design and construction of the PROJECT. A 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 performed within the CITY's right-of-way. d 1.4 Advertise, award and administer the construction contract for the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties. rn 1.5 Pay its proportionate share of the PROJECT costs estimated at $69,300, which shall be a 64.77% of estimated PROJECT costs (see Exhibit A). 1.6 Pay CITY's proportionate share of the PROJECT costs estimated at $37,700, which shall be 35.23% of estimated PROJECT costs (see Exhibit A). a 1.7 Submit to the CITY, following completion of the PROJECT, an itemized accounting of actual 00 final design and construction costs incurred by COUNTY which specifies the actual costs for work performed in each party's jurisdiction. 1.8 Require the prime contractor working on the construction of the PROJECT to have E appropriate and adequate insurance coverage for the mutual protection and benefit of COUNTY and CITY. Except for Workers' Compensation, Errors and Omissions and a 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 Sterling Ave Culvert Final Design H14495 Packet Pg.440 Qadditional 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 5 the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided E 0 by the policy. Such additional insured coverage shall be at least as broad as Additional E Insured (Form B) endorsement from ISO, CG 2010.11 85. o 1.9 Require its contractors to maintain and to comply throughout the term of any contract rn awarded by COUNTY with the insurance requirements described in County Policy Numbers a 11-07 and 11-07SP. 1.10 Include compliance with any applicable requirements of CEQA, as well as completing the c required CEQA documentation. 2.0 CITY AGREES TO: Ga 2.1 Provide a no-cost permit to the COUNTY for its work in the CITY's right-of-way. H 2.2 Not unreasonably withhold, condition, or delay its review of the PROJECT's plans and specifications. 0 3.0 IT IS MUTUALLY AGREED: T 3.1 COUNTY agrees to indemnify, defend with counsel approved by CITY) and hold harmless Z the CITY and its officers, employees, agents, and volunteers from any and all claims, 0 actions, losses, damages, and/or liability resulting from the COUNTY's negligent acts or co omissions which arise from the COUNTY's performance of its obligations under this s Agreement. .3 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, E actions, losses, damages and/or liability resulting from the CITY's negligent acts or E omissions which arise from the CITY's performance of its obligations under this Agreement. 2 3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any c claim, action, loss or damage which results from their respective obligations under the o Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its L) 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 N 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 c its own costs, including attorneys) fees. This paragraph shall not apply to the costs or Mn aftorney(s) fees relative to paragraphs 3.1, 3.2, and 3.3, indemnification. m 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 £E resources to protect against liabilities arising out of COUNTY and CITY's performance of the terms, conditions or obligations of this Agreement. a 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 agency requesting the work, unless c all parties agree by written amendment to allocate the cost in accordance with the o 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 E 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 a to construct the PROJECT to avoid any detrimental reliance by either contracting party, contractor or potential contractor. Sterling Ave Culvert Final Design H14495 Packet Pg.441 ate. 18 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 E Agreement and approved by both COUNTY and CITY. Contract Change Order forms will be o` delivered by fax and must be returned within two (2) working days. The CITY shall not E unreasonably withhold approval of change orders. If a CITY disapproved or modified o change order is later found to be a cost of the PROJECT, then the CITY shall be y responsible for any costs, awards, judgments or settlements associated with the disapproved or modified change order. 3.9 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 2 following provisions: m Use of ARRA Funds and Requirements - This Contract may be funded in whole or in y 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 U use of recovery funds for a project for the construction, alteration, maintenance or repair w of a public building or public work (both as defined in 2 CFR 176.140) unless all of the T iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project r are produced in the United States. A waiver is available under three limited 0 circumstances: (i) iron, steel or relevant manufactured goods are not produced in the y United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) t Inclusion of iron, steel or manufactured goods produced in the United States will 3 increase the cost of the overall project by more than 25 percent; or (iii) Applying the c domestic preference would be inconsistent with the public interest. This is referred to as E the 'Buy American" requirement. Request for a waiver must be made to the COUNTY d a for an appropriate determination. E, a a Section 1606 of ARRA requires that laborers and mechanics employed by contractors 0 0 and subcontractors on projects funded directly by or assisted in whole or in part by and L) through the Federal Government pursuant to ARRA shall be paid wages at rates not less co 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. r c 0 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 m 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 in ARRA. The information may be required as frequently as monthly or quarterly. a 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. a 0 0 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 E questions regarding registration requirements. R Schedule of Expenditure of Federal Awards - In addition to the requirements a described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agree to separately Sterling Ave Culvert Final Design H14495 Packet Pg.442 7.Lc 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) m required by the Office of Management and Budget Circular A-133, "Audits of States, o Local Governments, and Nonprofit Organizations." This identification on the SEFA and E SF-SAC shall include the Federal award number, the Catalog of Federal Domestic `o Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the a recipient reports required by ARRA Section 1512 (c). m 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 v, number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. rn W 7 v Contractor may be required to provide detailed information regarding expenditures so v that the COUNTY may fulfill any reporting requirements under ARRA described in this o section. The information may be required as frequently as monthly or quarterly. Z 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 0 and may result in the withholding of payments and termination of this Contract. m rn Whistleblower Protection - Contractor agrees that both it and its subcontractors shall 3 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 E otherwise discriminating against an employee for disclosures by the employee that the E E employee reasonably believes are evidence of: (1) gross mismanagement of a contract a relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific c 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. N 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 4 ARRA. .y d 3.10 This Agreement shall be for a term of three (3) years and shall terminate upon project completion as described in Paragraph 3.11 or December 31, 2015 (whichever occurs first), c w but may be cancelled upon thirty (30) days advance written notice of either party, provided E however, that neither party may cancel this Agreement after COUNTY awards a contract to 2 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. 2 3.11 Except with respect to the Parties' operation, maintenance and indemnification obligations c contained herein, this Agreement shall terminate upon completion of the PROJECT and o payment of final billing by the CITY for its share of the PROJECT costs (if any). U 3.12 This Agreement contains the entire agreement of the Parties with respect to subject matter r hereof, and supersedes all prior negotiations, understandings or agreements. No E supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. a 3.13 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 Sterling Ave Culvert Final Design H14495 Packet Pg.443 .Wum� PROJECT, shall be instituted and tried in the appropriate state court, located in the County C of San Bernardino, California. E 3.14 Time is of the essence for each and every provision of this Agreement. 0 3.15 Since the Parties or their agents have participated fully in the preparation of this Agreement, E the language of this Agreement shall be construed simply, according to its fair meaning, and o not strictly for any or against any party. Any term referencing time, days or period for in 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. 3.16 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 rn given or performed by a party shall give the other party any contractual rights by custom, N estoppel, or otherwise. 3.17 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. w 3.18 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.19 The Recitals are incorporated into the body of this Agreement. 0 U THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both y Parties. r 3 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. d E WNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO w a By 10. o 0 Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink) c> co Dated: Name: Andrea Travis-Miller ^ 0 N SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: Acting City Manager C CHAIRMAN OF THE BOARD 0 Laura H. Welch Dated: Clerk of the Board of Supervisors tY of the County of San Bernardino c Q By Address 300 North "D"Street, San Bernardino CA 92418 E Deputy d L m a Approved as to legal Form Reviewed by Contract Compliance Presented to BOS for Signature m County Counsel Department Head p 0 Date Dale Date U C Approved as to form: E James F. Penman,City Attorney v 0 Sterling Ave Culvert Final Design H14495 Packet Pg.444` r7.l.c EXHIBIT A ESTIMATE OF PROJECT COSTS c .E L 0 FOR CITY OF SAN BERNARDINO/COUNTY OF SAN BERNARDINO E DESIGN AND CONSTRUCTION OF A CULVERT AT CITRUS STREET w f0 d IN THE SAN BERNARDINO AREA ¢> rn c •L d Y W y DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %OF COST OF SAN PROJECT SAN PROJECT PROJECT BERNARDINO COUNTY BERNARDINO CITY U SHARE o w Sterling At Citrus Street $107,000 $69,300 64.77% /, Avenue Culvert $37,700 35.23 0 U 64.77% m TOTAL $107,000 $69,300 $37,700 35.23% rn s .3 c ( m 1. d d rn a 0 0 0 U m r- 0 N r c O N d lY c c d E d d L O) a d 0 0 0 U c d E r U Q EXHIBIT B Sterling Ave Culvert Final Design H14495 Packet Pg.445= CONTRACT CHANGE ORDER REVIEW/APPROVAL R L PROJECT: STERLING AVENUE AT CITRUS STREET CULVERT o E L COUNTY OF SAN BERNARDINO CONTRACT# g rn File: H14495 a rn Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of E San Bernardino and County of San Bernardino for the above project and the following shall apply: m rn DATE OF CITY OF SAN BERNARDINO ACTION:_I ! ca rn ❑APPROVED for Implementation with 100% Participation by CITY OF SAN BERNARDINO L ❑APPROVED Subject to Comments/Revisions Accompanying This Document L 0 w ❑APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO .T ❑ % of Actual Cost to be Funded by CITY OF SAN BERNARDINO ❑ CITY OF SAN BERNARDINO Participation Not to Exceed$ o U m ❑ DISAPPROVED -Not Acceptable to CITY OF SAN BERNARDINO to s Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total 3 financial participation beyond that prescribed in the existing CITY OF SAN BERNARDINO and COUNTY OF SAN d RERNARDINO agreements without separate amendment to said agreements. Net increases in costs deriving from E 's and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum m the authorized contract total and contingency amounts. Q CL Comments, as follows and/or attached, are conditions of the above action? ❑ YES ❑ NO °o U m 0 0 N r C O .y .j d C Q E d d SIGNED: Q m TITLE: io L d Distribution: CL Signed Original Returned to Resident Engineer(FAX#909-387-7920) U Signed Original for CITY OF SAN BERNARDINO File c d E M v m Q Sterling Ave Culvert Final Design H14495 PackBYPg.446