HomeMy WebLinkAboutItem No. 18 - Cooperative Agreement with the City of Rialto for Pepper Avenue Rehabilitation
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 6, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Adopting Cooperative Agreement with City of
Rialto for Pepper Avenue Rehabilitation
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-80, approving the Cooperative Agreement with
the City of Rialto FOR Pepper Avenue Rehabilitation from Baseline Road to Mill Street
Project (SS20-010) (“Project”).
Background
The City of Rialto (“Rialto”) and the City of San Bernardino (“City”) share jurisdiction of
several streets located where the cities border each other. The segment of Pepper
Avenue between Baseline Road and Mill Street is an example of one of these areas of
shared roadway jurisdiction. At this location the City owns the east half of the street
and Rialto owns the west half.
Rialto previously approached the City and proposed a joint project for FY 2019/20 to
rehabilitate Pepper Avenue from Baseline Road to Mill Street . The Pepper Avenue
Rehabilitation Project (“Project”) is included in the City’s approved FY 2019/20 Capital
Improvement Plan (CIP) as CIP SS20-010. $200,000 in Measure I Pass Through funds
was established to support the design of project in FY 2019/20 (Fund 129 -160-8713-
5504).
This segment of Pepper Avenue was previously identified in the City’s approved
Pavement Management Analysis as having a remaining service life of 2 years and in
need of immediate rehabilitation.
Discussion
Staff negotiated the proposed Cooperative Agreement with Rialto to delineate the
roles, responsibilities, and contributions of both Rialt o and the City with regard to the
Project. The full project cost is estimated at $6,008,002. Full project cost estimates for
each city are shown below.
City of San Bernardino Share $3,389,503
City of Rialto Share $2,618,519
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Total Estimated Project Costs $6,008,022
The City is the lead agency on this project and will invoice Rialto for the cost of the
environmental clearance, design, utility relocation, construction engineering,
construction, inspection, and City overhead. All work will be c ompleted within the
existing street right -of-way. The City will approve the plans and issue a no fee permit
for the work. Any changes (change orders) will be subject to review and approval by
both cities.
Conducting cooperative projects on streets of shared jurisdiction is more efficient for
planning and construction timing, and more cost effective as the agencies share in the
cost of design and expense of contractor mobilization. Cooperative projects also reduce
the inconveniences experienced by the traveling public and adjacent
businesses/residents.
2020-2025 Key Strategic Targets and Goals
This project aligns with Key Target No. 1c: Create a framework for spending decisions,
and Key Target 1d: Minimize risk and litigation exposure. By partnering with the City of
Rialto in this Project, the City is able to take advantage of shared costs for design,
inspection and construction mobilization costs. The completion of the Project will also
minimize litigation exposure by addressing deferred maintenance issues and providing
a safe and compliant path of travel for vehicles and pedestrians along this section of
roadway.
Fiscal Impact
No General Fund impact. Measure I funding in the amount of $200,000 has been
approved for Pepper Avenue Rehabilitation from Baseline Road to Mill Street in the FY
2019/20 Project in #account 129-160-8713-5504 and is available for design. Funding
for the construction portion of the project will be addressed in future fiscal year CIP
planning documents.
The City will perform the work and invoice Rialto for its fair share of the cost of the
project within the City limits of Rialto.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-80, approving the Cooperative Agreement with
the City of Rialto FOR Pepper Avenue Rehabilitation from Baseline Road to Mill Street
Project (SS20-010).
Attachments
Attachment 1 Resolution 2020-80; Exhibit ‘A’- Cooperative Agreement for Pepper
Avenue Rehabilitation from Baseline Road to Mill Street Project
Attachment 2 Location Map
Ward: 3, 6
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Synopsis of Previous Council Actions:
June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Improvement
Program FY 2019/2020
Resolution No. 2020-80
RESOLUTION NO. 2020-80
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE COOPERATIVE AGREEMENT WITH
THE CITY OF RIALTO FOR PEPPER AVENUE
REHABILITATION FROM BASELINE ROAD TO MILL
STREET PROJECT (SS20-010) (“PROJECT”)
WHEREAS, the City of Rialto and the City of San Bernardino share jurisdiction of
several streets; and
WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more
efficient and cost effective as compared to separate projects issued by each jurisdiction; and
WHEREAS, Pepper Avenue is a shared street between the City of San Bernardino and
the City of Rialto and is was identified in the City’s approved Pavement Management Analysis
(PMA) as having a remaining service life of 2 years and in need of immediate rehabilitation; and
WHEREAS, the City limit line runs through the center of the roadway, with the westerly
portion in the City of Rialto and easterly portion in the City of San Bernardino; and
WHEREAS, staff negotiated a cooperative agreement with the City of Rialto delineating
the roles, responsibilities, and contributions of both the City of Rialto and the City of San
Bernardino with regard to the Pepper Avenue Rehabilitation from Baseline Road to Mill Street
Project. San Bernardino will contribute the entire share of funding, estimated to be $3,200,000,
for the Pepper Avenue rehabilitation within San Bernardino jurisdictional areas.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or her designee is hereby authorized and directed to
execute on behalf of the City a Cooperative Agreement with the City of Rialto for Pepper
Avenue Rehabilitation Project in accordance with Exhibit A, attached hereto and made a part
hereof.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Resolution No. 2020-80
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
Resolution No. 2020-80
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 1 of 10
COOPERATIVE AGREEMENT
BETWEEN
CITY OF SAN BERNARDINO
AND
CITY OF RIALTO
FOR THE
PEPPER AVENUE STREET REHABILITATION PROJECT
This AGREEMENT is entered into this _______ day of ___________, 2020, in the State of California,
by and between the City of San Bernardino, hereinafter called SAN BERNARDINO, and the City of
Rialto, hereinafter called RIALTO.
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, SAN BERNARDINO and RIALTO (SAN BERNARDINO and RIALTO are also each
referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and
jointly participate in a pavement rehabilitation project on Pepper Avenue, from Baseline Road south to
Mill Street (hereinafter referred to as “PROJECT”); and
WHEREAS, the PROJECT is located at the boundary of the incorporated area of SAN
BERNARDINO and the incorporated area of RIALTO; and
WHEREAS, California Streets and Highways Code section 1807 authorizes two adjacent cities,
if authorized by their governing bodies, to enter into a mutual agreement for the improvement and
maintenance of the street which constitutes the boundary line between the two adjacent cities, and
authorizes, pursuant to such agreement, the cities to expend funds available for the improvement and
maintenance of that boundary street; and
WHEREAS, the legislative bodies of SAN BERNARDINO and RIALTO determine that the
PROJECT is necessary for the more efficient maintenance, construction, or repair of the boundary
street; and
WHEREAS, it is anticipated that SAN BERNARDINO’s share of PROJECT costs will be funded
from SAN BERNARDINO’s local funds and RIALTO’s share of PROJECT costs will be funded from
RIALTO’s local funds; and
WHEREAS, the total PROJECT cost is estimated to be $ 6,008,022; and
WHEREAS, SAN BERNARDINO’s share of PROJECT cost is estimated at $3,389,503 and
RIALTO’s share of PROJECT cost is estimated to be $2,618,519, as more particularly set forth in
Exhibit “B”, which is attached hereto and incorporated herein by this reference; and
WHEREAS, the above-described costs are proportioned based on the work to be performed in
each PARTY’s jurisdiction; and
WHEREAS, SAN BERNARDINO and RIALTO desire to set forth the responsibilities and
obligations of each as they pertain to such participation, and to the design, construction, and funding of
the PROJECT.
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 2 of 10
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
SECTION I
SAN BERNARDINO AGREES TO:
1. Act as the Lead Agency in the design, construction, construction engineering, inspection, and
California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et
seq.) of the PROJECT. Design work shall include traffic counts and analysis to determine the
appropriate traffic index for Pepper Avenue; geotechnical analysis and pavement design
recommendations; pavement rehabilitation design; evaluation and design of accessibility
improvements; and evaluation and design of traffic striping, pavement markings, and traffic signs to
improve safety and traffic flow.
2. Provide geotechnical analysis and recommendations, plans, specifications, estimates, and bid
documents for the PROJECT to RIALTO, for RIALTO’s review and approval.
3. Construct the PROJECT by contract in accordance with the plans and specifications of SAN
BERNARDINO, which have been reviewed and approved by RIALTO, to the satisfaction of and
subject to concurrence of RIALTO.
4. Arrange for relocation of all utilities which interfere with construction of the PROJECT within the
entire PROJECT limits, subject to paragraph 3.9 below.
5. Obtain a no-cost permit from RIALTO for work performed within RIALTO’s right-of-way.
6. Advertise, award, and administer the construction of the PROJECT, in accordance with the
provisions of the California Public Contract Code applicable to cities and require contractors to
comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and
1770 et seq. that concern the payment of prevailing wages. San Bernardino shall indemnify, defend
(with counsel reasonably approved by RIALTO), and hold harmless RIALTO and its officers,
employees, volunteers, and agents from any and all claims, actions, losses, damages, and/or
liability arising out of SAN BERNARDINO’s obligations set forth in this paragraph.
7. SAN BERNARDINO shall require all contractors and vendors working on the PROJECT to have
appropriate and adequate insurance coverage for the mutual protection and benefit of the Parties.
Except for Workers’ Compensation, Errors and Omissions and Professional Liability policies, SAN
BERNARDINO shall require and ensure that all SAN BERNARDINO contractors/subcontractors for
the PROJECT shall have insurance policies that contain endorsements naming RIALTO 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 RIALTO to vicarious liability but shall allow coverage for RIALTO to the
full extent provided by the policy. Such additional insured coverage shall be at least as broad as
Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
8. Provide adequate inspection of all items of work performed under the construction contract(s) with
SAN BERNARDINO’s contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by RIALTO. SAN BERNARDINO shall
provide copies of any records of inspection and materials testing to RIALTO within ten (10) days of
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 3 of 10
SAN BERNARDINO’s receipt of written demand from RIALTO for such records. This shall be
included as a PROJECT cost.
9. Periodically submit to RIALTO invoices for Rialto’s proportionate share of PROJECT costs.
Invoices shall include itemized accounting of actual Project costs incurred by SAN BERNARDINO
and a detailed statement of RIALTO’S proportionate share of those costs.
10. Upon PROJECT completion, calculate actual SAN BERNARDINO and RIALTO PROJECT share
percentages based on the final contract work and cost, which shall include any changes made
within SAN BERNARDINO and/or RIALTO as provided in this Agreement.
11. Pay its proportionate share of the actual PROJECT cost. The actual PROJECT cost shall include
the cost of PROJECT preliminary engineering, design, survey, CEQA compliance, utility relocation
work, construction, construction engineering, inspection, and SAN BERNARDINO overhead costs
which will be based on PROJECT related staff hours billed at the fully burdened rate. SAN
BERNARDINO’s proportionate share of the PROJECT cost is estimated to be $3,389,503. SAN
BERNARDINO shall be responsible for the sum of $3,389,503, plus its share of any PROJECT cost
increases pursuant to the terms of this Agreement. San Bernardino will track staff charges and will
use fully burdened rate to estimate in-house charges for overhead cost.
12. Upon PROJECT completion and the capture of all PROJECT expenses, submit to RIALTO an
itemized accounting of actual PROJECT costs incurred by SAN BERNARDINO and, if said costs
exceed the amount paid by RIALTO pursuant to paragraph 9 and Section II paragraph 3, an invoice
for the remainder of RIALTO’s share of the actual PROJECT costs, up to the amount set forth in
Section II paragraph 4 hereof, as provided herein. Said invoice shall set forth all actual PROJECT
costs incurred by SAN BERNARDINO, together with adequate documentation of said expenditures
and a copy of the overall SAN BERNARDINO/RIALTO percentage share calculation spreadsheet.
If the actual PROJECT costs incurred by SAN BERNARDINO are less than the amount paid by
RIALTO pursuant to paragraphs 9 and Section II paragraph 3, then SAN BERNARDINO shall
refund RIALTO the difference within thirty (30) days after issuance of the itemized accounting.
SECTION II
RIALTO AGREES TO:
1. Review and approve the plans and specifications of the PROJECT.
2. Provide a no-cost permit to SAN BERNARDINO for its work in RIALTO’s right-of-way.
3. Within thirty (30) days after receipt of the invoice from SAN BERNARDINO pursuant to Section I
paragraph 9 above, pay to SAN BERNARDINO the invoiced amount.
4. Within thirty (30) days after receipt of the itemized accounting and invoice from SAN
BERNARDINO pursuant to Section I paragraph 12 above, pay to SAN BERNARDINO the
remainder of its share of the actual PROJECT costs based on the RIALTO percentage calculated
pursuant to Section I paragraph 10. The PROJECT costs shall include the cost of PROJECT
design, CEQA compliance, utility relocation work, construction, construction engineering, inspection
and SAN BERNARDINO overhead costs. RIALTO’s share of PROJECT costs is currently
estimated to be $2,618,519 and shall not exceed $2,880,371 (10% increase over the PROJECT
cost estimate) absent a written amendment to this Agreement.
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 4 of 10
SECTION III
IT IS MUTUALLY AGREED:
1. After SAN BERNARDINO’s and RIALTO’s acceptance of completed PROJECT, RIALTO shall be
responsible for performing any and all work (including, but not limited to, maintenance) for the
PROJECT limits that are in RIALTO’s incorporated area and SAN BERNARDINO shall be
responsible for performing any and all work (including, but not limited to, maintenance) for the
PROJECT limits that are in SAN BERNARDINO’s incorporated area.
2. Neither RIALTO nor any officer or employee of RIALTO shall be responsible for any damage or
liability occurring by reason of any acts or omissions on the part of SAN BERNARDINO under or in
connection with any work, authority or jurisdiction delegated to or determined to be the
responsibility of SAN BERNARDINO under this Agreement. It is also understood and agreed that,
pursuant to Government Code, Section 895.4, SAN BERNARDINO shall fully indemnify, defend
and hold RIALTO harmless from any liability imposed for injury (as defined by Government Code
section 810.8) occurring by reason of any acts or omissions on the part of SAN BERNARDINO
under or in connection with any work, authority or jurisdiction delegated to or determined to be the
responsibility of SAN BERNARDINO under this Agreement.
3. Neither SAN BERNARDINO nor any officer or employee of SAN BERNARDINO shall be
responsible for any damage or liability occurring by reason of any acts or omissions on the part of
RIALTO under or in connection with any work, authority or jurisdiction delegated to or determined
to be the responsibility of RIALTO under this Agreement. It is also understood and agreed that,
pursuant to Government Code, Section 895.4, RIALTO shall fully indemnify, defend and hold SAN
BERNARDINO harmless from any liability imposed for injury (as defined by Government Code
section 810.8) occurring by reason of any acts or omissions on the part of RIALTO under or in
connection with any work, authority or jurisdiction delegated to or determined to be the
responsibility of RIALTO under this Agreement.
4. RIALTO and SAN BERNARDINO are authorized self-insured public entities for purposes of
Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and
warrant that through their respective programs of self-insurance they have adequate coverage or
resources to protect against liabilities arising out of RIALTO and SAN BERNARDINO’s
performance of the terms, conditions or obligations of this Agreement.
5. The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of
PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, increased
engineering costs, change orders, or arising from unforeseen site conditions, including utility
relocation (but not from requested additional work by RIALTO or SAN BERNARDINO, which is
addressed in paragraph 8 below) over the estimated total of the PROJECT’s cost of $6,008,022
(which is the sum of $2,618,519 from RIALTO and $3,389,503 from SAN BERNARDINO) shall be
borne by each PARTY based upon where the work is required (i.e. whether the work is required in
RIALTO’s or SAN BERNARDINO’s jurisdiction) up to the amounts set forth in Section I paragraph
11 and Section II paragraph 4, respectively.
6. If either RIALTO or SAN BERNARDINO 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
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 5 of 10
work, if approved by both Parties pursuant to paragraph 17 will be paid solely by the agency
requesting the work.
7. In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT
and that PARTY does not have prior rights for that utility, it will be the sole responsibility of that
PARTY to relocate the utility at that PARTY’s cost. This shall not be included as a PROJECT cost.
In the case that a utility relocation is determined to be a PROJECT cost based on that utility having
prior rights, the relocation of the utility will be included as a PROJECT cost for which RIALTO and
SAN BERNARDINO will be responsible for funding the work located within their respective
boundaries.
8. As design progresses, if it is found by SAN BERNARDINO’s Director of Public Works, or the
Director’s designee, that a cost overrun of 10% or more of the estimated total of the PROJECT
costs will occur, SAN BERNARDINO shall provide RIALTO notice of this fact and SAN
BERNARDINO and RIALTO shall endeavor to agree upon an alternative course of action,
including amending the cost estimates. If, after thirty (30) days of SAN BERNARDINO’s notice, an
alternative course of action is not mutually agreed upon in writing between RIALTO and SAN
BERNARDINO, this Agreement shall be deemed to be terminated by mutual consent.
9. SAN BERNARDINO shall notify RIALTO of the bids received and the amounts thereof. 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
to construct the PROJECT to avoid any detrimental reliance by either PARTY, contractor or
potential contractor.
10. If after opening bids for the PROJECT, it is found that the responsive and responsible low bid
amount is 110% of or less than the construction cost shown in Exhibit B, SAN BERNARDINO may
award the contract.
11. If, upon opening of bids, it is found that the responsive and responsible low bid amount is greater
than 110% of the construction cost shown in Exhibit B or an Amended Exhibit B pursuant to
paragraph 10 of the Agreement, SAN BERNARDINO shall not award the contract unless: 1) SAN
BERNARDINO receives written permission from RIALTO’s City Engineer or designee, to proceed
with the award; and 2) RIALTO’s City Council approves the award of the construction contract. If
the above described conditions are not met, RIALTO and SAN BERNARDINO shall endeavor to
agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty
(30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing,
this Agreement shall be deemed to be terminated by mutual consent.
12. 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 “Exhibit C”, which is attached hereto and
incorporated herein by this reference, and approved by both RIALTO and SAN BERNARDINO.
Contract Change Order forms will be delivered by email and must be returned within five (5)
business days. RIALTO shall not unreasonably withhold approval of change orders. If a RIALTO
disapproved or modified change order is later found to cause an additional cost to the PROJECT,
then RIALTO shall be responsible for any additional costs, awards, judgments or settlements
associated with the disapproved or modified change order.
13. This Agreement may be cancelled upon thirty (30) days advance written notice of either PARTY,
provided however, that neither PARTY may cancel this Agreement after SAN BERNARDINO
awards a contract to construct the PROJECT. In the event of cancellation as provided herein,
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 6 of 10
including termination pursuant to paragraphs 10, 11 and 13 above, all PROJECT expenses
occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the
same proportion to their contribution for the PROJECT. The PARTIES recognize and agree that
the provisions governing utility relocation and construction are dependent upon the PARTIES first
satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without
cause, before, during and after CEQA review/approval.
14. Except as provided in paragraph 15, and except for the PARTIES’ operation, maintenance and
indemnification obligations contained herein which shall survive termination, this Agreement shall
terminate upon completion of the PROJECT and payment of final billing by RIALTO for its share of
the PROJECT costs or refund by SAN BERNARDINO pursuant to Section I paragraph 12.
15. This Agreement contains the entire agreement of the PARTIES with respect to subject matter
hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both PARTIES.
16. This Agreement shall be governed by the laws of the State of California. Any action or proceeding
between SAN BERNARDINO and RIALTO 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.
17. Time is of the essence for each and every provision of this Agreement.
18. Since the PARTIES or their agents have participated fully in the preparation of this Agreement, the
language of this Agreement shall be construed simply, according to its fair meaning, and not strictly
for or against any PARTY. Any term referencing time, days or period for performance shall be
deemed RIALTO business days. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
19. No waiver of any default shall constitute a waiver of any other default or breach, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or
otherwise.
20. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the
purpose of this Agreement is frustrated.
21. This Agreement may be signed in counterparts, each of which shall constitute an original.
22. This Agreement will be effective on the date signed by both PARTIES and shall conclude upon
satisfaction of the terms identified in paragraph 16 or June 30, 2021 (whichever occurs first).
23. The Recitals are incorporated into the body of this Agreement.
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 7 of 10
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date and year
first-above written.
CITY OF RIALTO CITY OF SAN BERNARDINO
By: By:
Deborah Robertson, Mayor John Valdivia, Mayor
ATTEST:
By: Barbara McGee, City Clerk By: Genoveva Rocha, CMC,
Acting City Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
By: By:
Eric S. Vail, City Attorney Sonia Carvalho , City Attorney
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 8 of 10
EXHIBIT A
PROJECT DESCRIPTION
This project consists of pavement rehabilitation of Pepper Avenue from Baseline Road to Mill
Street. Accessibility improvement will be installed or upgraded as part of the project.
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 9 of 10
EXHIBIT B
ESTIMATE OF PROJECT COSTS
FOR CITY OF RIALTO/CITY OF SAN BERNARDINO
PEPPER AVENUE REHABILIATION PROJECT
DESCRIPTION AMOUNT
CITY OF SAN
BERNARDINO
SHARE
CITY OF RIALTO
SHARE
Construction $5,224,367 $2,947,394 $2,276,973
All Other Costs such as
design, survey, CEQA
compliance, construction
engineering, inspection
and City overhead
$ 783,655 442,109 $341,546
TOTAL $6,008,022 $3,389,503 $2,618,519
COOPERATIVE AGREEMENT
PEPPER AVENUE STREET
REHABILITATION PROJECT Page 10 of 10
EXHIBIT C
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PEPPER AVENUE STREET REHABILITATION PROJECT :
CITY OF SAN BERNARDINO CONTRACT NO. ______
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with
the City of San Bernardino and City of Rialto 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 RIALTO
APPROVED Subject to Comments/Revisions Accompanying This Document
APPROVED With Limited Funding Participation by CITY OF RIALTO
______% of Actual Cost to be Funded by CITY OF RIALTO
CITY OF RIALTO Participation Not to Exceed $ _________________________
DISAPPROVED -Not Acceptable to CITY OF RIALTO
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 CITY OF RIALTO agreement without a separate amendment to said agreement. 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
__________________________________________________________________________________________
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__________________________________________________________________________________________
__________________________________________________________________________________________
SIGNED: _______________________________________________
TITLE: _________________________________________________
Distribution:
Signed Original Returned to Resident Engineer
Signed Original for CITY OF RIALTO File
LOCATION MAP
PEPPER AVENUE REHABILITATION
FROM BASELINE ROAD TO MILL STREET
NTS