HomeMy WebLinkAbout15-Development Services
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
Subject: Resolution authorizing execution of a
Standard Contract with the County of San
Bernardino and the City of Redlands for
the repair of Alabama Street at City
Creek, and budget amendment.
Date: 12/14/2005
File No.:
MCC Date: December 19, 2005
Synopsis of Previous Council Action:
August 15, 2005 - City Council approved the 2005-2010 CIP including project SD05-01,
Alabama Street Bridge replacement study at City Creek south of 3rd Street.
Recommended Motion:
1. Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue
account #248-000-4658 by $59,300, and do a corresponding increase to expense
account #248-368-5504-7517, and
2 Adopt Resolution
. (rL1-M'--~J
F::JL
James Funk
Contact person: Mark Lancaster. Deputy Director/City Engineer
Phone: 3305
Supporting data attached: Staff Report, Standard Contract & Map
Ward: 1
$67,000
FUNDING REQUIREMENTS:
Amount:
Source: 248-368-5504-7517
Alabama Street Bridge Replacement Study at City Creek
South of 3rd Street
Finance'
Council Notes:
kJ,1~~
Agenda Item No. / $('
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
Subiect:
Resolution authorizing execution of a Standard Contract with the County of San Bernardino and
the City of Redlands for the repair of Alabama Street at City Creek, and budget amendment.
BackQround:
Approximately 200 feet of Alabama Street was washed out at the City Creek crossing during the
2005 winter storms. In order to restore access to the gravel companies adjacent to Alabama
Street, Matich Corporation, Robertsons Ready Mix and Cemex cooperated privately to
reconstruct and reinforce the southerly bank of City Creek and rebuild Alabama Street. In order
to provide a means for potential storm water overtopping Alabama Street to flow downstream, a
dip was left in the road on the south side of City Creek. The road that was constructed was
suitable for access to the businesses, but does not provide for public use.
Currently, the City of Redlands is constructing a bridge for Alabama Street at the Santa Ana
River to provide an all-weather crossing. The anticipated completion date for the bridge project
is mid-February 2006.
The County of San Bernardino has accepted the lead agency role for two projects. The first
project will construct roadway improvements to Alabama Street to allow the road to be opened
to the public once the bridge project is complete. This project lies within the City of San
Bernardino and the City of Redlands. The second project will provide additional capacity for
City Creek under Alabama Street via two large culverts. The second project will be undertaken
by five agencies: the cities San Bernardino, Highland, Redlands, the County of San Bernardino
and the IVDA
The first project has already been designed and is estimated to cost $134,000, which will be
split $67,000 each between the City of San Bernardino and the City of Redlands. These funds
will be reimbursed by FHWA at an 88.53% rate once this project is completed. The net cost to
the City of San Bernardino will be $7,685 after reimbursement.
It is imperative to complete these improvements prior to the completion of the bridge project for
Alabama Street at the Santa Ana River to provide a safe route for motorists.
Financial Impact:
A budget amendment is needed for both revenues and expenditures to reflect the FHWA funds
that will be received for the Alabama Street project. There is no impact to the General Fund for
this change
Recommendation:
Authorize the Director of Finance to amend the FY 05-06 budget by Increasing revenue account
#248-000-4658 by $59,300, and do a corresponding increase to expense account #248-368-
5504-7517, and adopt Resolution
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SA:\' BER:\ARDI:\'O AITHOIHZIV; THE \IA YOR TO EXEClTE A STA:\'J)ARD
-1 CO:\'TRACT WITH THE COI;:\,1\ OF SA:\' BER'IARDI'\O A'\D THE CITY OF
REf)L\,\f)S FOR THE I~EPAIR OF AL.\BA\IA STREET AT CITY CREEK.
RESOLlTIO:\ '\0.
RESOLl,TIO:\ OF THE \1.\ \OR A'If) CO\I\IO:\' COI':\'C1L OF THE CITY OF
5
6,
BE IT RESOL YED BY THE \IA YOR A:\'f) CO\I!\IO:\ COC:\'CIL OF THE
7 CITY OF SA:\' BER'\ARDI:\'O AS FOLLOWS:
8 SECTIO:\' I. Tim the Mayor is hereby authorized to e':ecute the Standard Contract
9
(see Attachment "]" and incorporated herein) \\'ith the County of S:m Bernardino and the City
10
11
of Redlands. for the repair ,11' Alabama Street at City Creek, Such Standard Contract shall be
12 effective ,ml\' upon being fGII\ executed hy all parties.
11 SECTIO:\' 2. This Standard Contract shall not take effect or Decume operatil'e until
;:,IfUIIl signed and executed hI' all of the partics, and no part) shall be obligated hereunder until
1 e; II
d'l the lime of such hlil execution, '\0 oral agreement. amendments. I1ludificali"ns or wailers are
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.. ~ II inte:lded or authorized and shall not be implied from am act or course of conduct of an\' part I',
;; Ii SEcno' J. TI"" c",I"""" i, ''''',,3c3 ,1 'h, I"'"'' '" ,h,''''''''" 3 C"""", 'oil '"
l.9'jlcxec'utc il \lithln one hundred IIIenll' (1201 dal's "I' tbe pa\Sage of the rcso!u:ilJn
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RESOUTlO:\ or TIlE '\1\ YOR \:\0 CO'\l'\IO:\ COt:\CIL OF TIlE CITY OF
2, IS"" BER'\.\RDI:\O \ITIIORIZI:\(; THE '\1\ YOR TO L\ECTn: .-\ ST.\:\DAIW
... CO:\TR.\CT \\!TH THE COt:\TY OF S.-\:\ BER:\ARIH:\O A.'D THE CITY OF
" REDL\:\OS FOR THE RHAm OF ALABA'\IA STREET AT CITY CREEK.
41
5 I I HEREBY CERTIEY that [he foregoing resolution was duly adopted hy the '\Ia\'or and
6 /cllllln1l1n Council of the Cill of San Bernardino at a meeting thereof.
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hdd on the
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ApprOH:'d as [l)
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271 Cil\' .-\nornel
Cill Clerk
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Juuilh Valles. !\lalClr
Cill' of San IkrnarJino
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COUNTY OF SAN BERNARDINO
FAS
STANDARD CONTRACT
Attachmcnt "1 "
Vendor Coce
FOR (,Of-,\"]T l-Sf." 0.\1- r
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Depl Orgn
Con!ract::::r s L-<:ensi; r>;c'
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roo 1 C:iarlge I
.' -1 C3'lcel
Counl,' Department
Public Works - Transoorialton
County Department Contract Representative
BRENDON BIGGS
Con:'JC: \lcJ0';:)er
TEiepnone
387 -8166
Tolal Contract AT::Junl
:"'E,t.,J AGE"\CV - r~o ENcur.1B~AN=::
Contract TY;Je
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If f'O' enCumbered or revenue con'rae! type JrO"lde reason
Load Aaencv
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r-ur"C 1 Oept Organization , Appr I ObJIRev Source GRCiPROJ,JOB No ! Or1';:; AmO;jn~ i
SAA I TRA TRA I 200 2445 49H 14095 I
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ProJ,.ct Na r&
ALABAMA ST, @ CITY
CREEK ROAD REPAIR
ES.lma.ed PaJn,en, .0.3 b,' seal.e3.
An-:o:..:nt j, D FY ,c.mo:..:nt
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THIS CONTRACT IS entered Into In the State of California by and between the County of San Bernardino,
hereinafter called the County, anJ
r.;;rr,."
CITY OF REDLANDS
and Name
Address
CITY OF SAN BERNARDINO
300 NORTH D STREET
SAN BERNARDINO, CA 92418
J,>~,,:,
35 CAJO"J STREET
REDLANDS, ell 92373
Tcle::1~'le
,909) 798-7655
,~-eCE:"J: ~L:' r~c or S'JCld, See:..:rl!)' Nc
TE:leprone
~.Jeral IJ Nc, or Soc,ai Securltj- t',::i
1909\ 384-5211
IT IS HEREBY AGREED AS FOllOWS:
,'j."G ::,nii::e I]'':/J'\( d.'~d adej,'.'lc,r,a,' t,<::nc sljeelS Set fo,';n 5e:'.'lce to be renderc,1 amount /0 be paid, manner of pi__ivmen/ t'!':Ie lCir :-"'erfor:7JC;nCe 0'- cOlnp{::'ti,){)
l.'--,:C:{,'.',,'I;a:IOt~ c,' Sai:S:Jc'C:,) pcrfcrma.";::c a;'J:,:WC;C (or terrrrrat,c,--; other terms and conditions. arCJ atlae.': piar;s, SJf:Cliications, ana' (iCJj(;nca. d ,JI'} !
WITNESSETH
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY), the
CiTY OF REDLANDS (hereinafter referred to as REDLANDS), and the CITY OF SAN BERNARDINO
(hereinafter referred to as SA.N BERNARDINO) deSire to cooperate and jointly participate in design
and construction and Construction engineering for emergency opening roadway
improvements, at the Alabama Street crossing at City Creek (hereinafter referred to as
PROJECT) and
WHEREAS, the PROJECT will be of mutuai benefit to the COUN'] Y, SAN BERNA.RDINO, and
REDLANDS, and
Ji'!!!Jtor I Controller - Recorder Us~9.r.!!.L__~
2 ':ontract Database 0 F AS
Input Date
Keyed By
Page 1 of 9
WHEREAS, the COUNTY has received approval from Federal Highways Administration for
the funding of the emergency opening work and will coordinate with Federal Agencies for
reimbursement claims for the PROJECT; and
WHEREAS, SAN BERNARDI~W and REDLANDS desire to use local funds Initially toward Hle
PROJECT; and
WHEREAS, the total project cost is estimated to be 5134,000. COUNTY's share of project
cost is E'stlmated at 50 (0%), REDLANDS ,nilial funding share of project cost IS estimated at 567,000
(50%), and SAN BERNARDINO'S initial funding share of project cost is estimated at 567,000 (50%),
as more particularly set forth in Exhibit "A", attached hereto and Incorporated herein by reference,
and
WHEREAS, COUNTY, SAN BERNARDINO and REDLANDS desire to set forth
responsibilities and obligations of each as pertains to such participation and to the design,
construction, and funding of the proposed project
NOW, THEREFORE, IT IS MUTUALL Y AGREED as follows
: 0 COUNTY AGREES TO
1 1 Act as the Lead Agency In the obtaining environmental clearanc~s, design, construction, and
construction engineering of the PROJECT.
1 2 PrOVide plans ana speCifications and all necessary construction engineering far the PROJECT
for pr,or review and approval by SAN BERNARDINO and REDLANDS
1.3 Construct the PROJECT by contract in accordance With the plans and specifications of
COUNTY, which have been reViewed and apiJroved by SAN BERNARDINO and
REDLANDS and the Caltrans Design Manual, 10 year life, to tI",e salisfaclion of and subject
to concurrence of SAN BERNARDINO and REDLANDS.
14 Arrange for relocation of all utilities which Interfere With construction of the PROJECT Within
the u"ncorporated area of the PROJECT site
1 5 Obtain a no"cost permit from SAN BERNARDINO and REDLANDS for work Within the
resiJectlve right-of-way of each.
16 Advertise, award. administer, and fund the construction of the PROJECT, in accordance With
the California PubliC Contract Code
1 7 ReqUire Its contractors to maintain WOI'kers' Compensation Insurance or a state-approved
Self"lnsurar,ce Program In an amount and form to meet all aiJiJllcable requirements of the
Labor Code of the State of California, Including Employer's Liability With 5250,000 limits,
covering all persons prOViding services on behalf of the contractor and all risks to such
persons under this Agreement Comprehensive General Liability to include contractual
coverage and Automobile liability Insurance to Include coverage for owned, hired al1d non"
owned vehicles. The ComprehenSive General and Automobile Liability policies shall have
combined Single limits for bodily injury and property damage of not less tr,an one million
dollars (51,000,000) Jne Sh311 name SAN BERNARDINO, REDLANDS and the COUNTY
as additional insured
Waiver of Subroqation Rlqhts - Contractors shall require the carriers of the above required
coverages to waive all rights of subrogation against the COUNTY, its officers, employees,
agents, volunteers r.ontr~ctorc, "nn subcontractors
PoliCies Primary and Non-Contributory - All policies required above are to be primary and
non-contributory With any insurance or self-insurance programs carried or administered by the
COUNTY
,.0 PrOVide adequate Inspection of all items of work performed under the construction contract(s)
with COUNTY's cc'ntractors or subcontractors for the PROJECT and maintain adequate
c,-ccr:;s of Inspection and Intenals testing for review by SAN BERNARDINO and
REJ~!>,NDS. COUNTY shall pr(Y/lce caples of any recordS of inspection and materials
Page 2 of 9
testing to SAN BERNARDINO or REDLAND~ within ten (10) days of COUNTYs ,ecelpt of
written demand from SAN BERNARDINO or REDLANDS for such records
1 9 All PROJECT costs Including the cost of PROJECT construction design, COl'structlcn
englneerrng, and overhead costs shall be paid for by SAN BERNARDINO and
REDLANDS. COUNTY has no funding obligations to this proJect. The COUNTY shall submit
requests for funding and final costs to Federal Highways Administration and dlstrrbute
funding reimbursement to SAN BERNARDINO and REDLANDS based on their fair
share contributions,
1 10 Submit to SAN BERNARDINO and REDLANDS a final Itemized accounting of actual
PROJECT costs Incurred by COUNTY to date and which have not already been paid by
COUNTY, SAN BERNARDINO or REDLANDS and a statement for SAN BERNARDINO
and REDLANDS proportionate share of the PROJECT costs as provided herein Costs shall
be amended follOWing acceptance of the final construction cost accounting by COUNTY, SAi~
BERNARDINO and REDLANDS.
1.11 Although not anticipated, If rrght-of-way IS needed, the COUNTY shall order title reports on
such parcels The costs shall be reimbursed by SAN BERNARUINO and/or REDLANDS
dependent upon Jurisdiction.
1 12 Pro'/Ide Ser\'ICeS to acquire the right-of-way If needed for the PROJECT, to Include contacting
owner or occupant, enterrng properties, appraising right-of-way parcels, inspecting and
negotiating takes and easements Including Improvements,
1.13 Include completion of any applicable NEPA and CEQA requrrements
:20 SAN BERNARDINO AGREES TO
2.1 Pay for its Initial fund '1g proportionate share of the PRCIECT casts. H',e PROJECT costs
shall Include the cost of PROJECT construction deSign, construction engineering, and
overhead costs. SAN BERNARDINO's II1ltlal funding proportlcnate share IS 50% of the total
PROJECT costs, which IS estimated at $67,000
22 Pay to COUNTY, after bid opening and prror to awa,d of contract to successful bidder, ItS
proportionate share (S67,000) of PROJECT cost. and any cost Increases pursuant to Section
46 below, Within thirty (30) days after receipt of a final Itemized statement as set forth In
Section 1.10 of this Agreement setting for1h all actual PROJECT costs Incurred by COUNTY
to date and which have not already been paid by SAN BERNARDINO and REDLANDS,
together With adequate documentation of said expenditures
23 PrOVide a no-cost permit to the COUNTY for its work In SAN BERN~\RDINOs rrgllt,of-way
24 ,L.,lthough not alltlclpated, but should COUNTY be unable to acqurre the necessary rigrlt-of-way
located Wln',n :he limits 01 SAN E',ERNARUI~,O, then SAN BERNARDi~jO, ill consultation With
COUI~TY, sllail ccnsider using the power 01 Eminent Domalll to acouire any necessary rlghts-
of-way at a publiC Ilearrng nct!ced and conducted in accordance wl:h Cal:fornla Code of Ci'JI
Procedure, Section 1245235 far the purpose of conslderrng the adoption of a resolution of
necessity If SAN BERNARDINO elects to proceed With uSing ItS power 01 Eminent Domain, It
shall do so in a timely manner and at no cost to the COUNTY. The parties acknowledge and
understand that thiS Agreement does not obligate SAN BERNARDINO in any way to use the
power of Eminent Domain to acquire any rights.of-way Within S,lIN BERNARDINO. SAN
BERNARDINO's use of the power of Eminent Domain IS conditioned by law upon certain
findings and determinations that SAN BERNARDINO, in ItS sole discretion. must make in
JC:rc;rdanc'2 WI!!, the California Code of C,vil Procedure SAN BERNARDINO milkes no
\lvarranty or guarar~ee of ~hc c\.'entuLli result or outcome of its c:scretionary conSideration of
the use of Eminent Domain to acquire any rrghts-of-way Within SAN BERNARDINO or of any
actual Erlllnent Demain proceeding, In the event that COUNTY is unable to acqurre the
necessary rrght-of-way located within the limits of SAN BERNARDINO and SAN
BERNARDINO is unable or unwilling to use Eminent Domain to acquire rrght-of-way, this
Agreement shall be deemed to be terminated by mutual consent. In the event of termination
.'S ~rovlded nerein, all PROJECT cosls requrr",d to be paid bv the par1les prror to the effective
CLJ~C:J :crrnlnatlon sha;i be palo by trie par1;esn the proportion pr"o\,'!(jeo I'ierein.
Page 3 of 9
2.5 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO and
REDLANDS shall be responslbls for the cost of maintenance of the completed 'oad
lillprovements associated With the PROJECT
REDLANDS AGREES TO
31 Pay for Its Initial funding proportionate shore of the PROJECT costs The PROJECT costs
snail include the cost of PROJECT construction design, construction engineering, and
overhead costs. REDLANDS' initial funding proportionate share IS 50% of the total PROJECT
costs, which IS estimated at 567.000
32 P3Y to COUNTY, after bid opening and prior to award of contract to successful bidder, ItS
proportlonat" share (567000) of PROJECT cost, and any cost increases pursuant to Section
46 below, Within thirty \30j days after receipt of a final Itemized statement as set forth In
Section 1 10 of t.hls !\greement setting forth all actual PROJECT costs Incurred by COUNTY
to date and which hale not already been paid by SAN BERNARDINO and REDLANDS,
togetner With adequate documentation of said expenditures..
33 Provide a no-cost permit to the COUNTY for ItS work In REDLANDS' right-of-way.
34 Although not anticipated, but should COUNTY be unable to acquire the necessary right-of-way
located within the limits of REDLAr-.JDS, then REDLANDS, in consultation With COUNTY, shall
consider uSing the power of Eminent Domain to acquire any necessary rights-of-way at a
publiC hearing noticed and conducted in accordance With California Code of Civil Procedure,
Section 1245235 for the purpose of considering the adoption of a resolution of necessity. If
REDLANDS elects to proceed with uSing ItS power of Eminent Domain, It shall do so In a
timely manner and at no cost to the COUNTY. The parties acknowledge and understand that
this Agreement does not obligate REDLANDS In any way to use the power of Eminent
Domain to acquire any rights-of-way Within REDLANDS. REDLANDS use of the power of
Eminent Domain IS conditioned by law upon certain findings and determinations that
REDLANDS, In ItS sole discretion, must make In accordance With the California Code of Civil
Procedure. REDLANDS makes no warranty or guarantee of the eventual result or outcome of
Its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way
wltl-.Ir REDL,D.,NDS or of any actual Eminent Domain proceeding In the event that COUNTY IS
unable to acquire the necessary right-of-way located Within the limits of REDLANDS and
REDLANDS IS unable or unwilling to use Eminent Domain to acquire right-of-way, this
Agreement shell be deemed to be terminated by mutual consent. In the event of termination
as provided herein, all PROJECT costs required to be paid by the parties prior to the effective
date of termination shall be paid by the parties In the proportion provided herein.
35 After acceptance of the construction contract work by COUNTY. SAN BERNARDINO, and
REDLANDS shall be responsible for the cost of maintenance of the completed road
Impro'/ements associated With the PROJECT.
40 IT IS MUTUALLY AGREED
4.1 COUNTY agrees to indemnify and hold harmless SAN BERNARDINO and REDLANDS,
their officers, employees, agents, and volunteers from any and all liabilities for injury to
persons and damage to property ar'sing out of any act or omiSSion of COUNTY, its officers,
employees, agents or volunteers in connection With COUNTY's performance of ItS obllgalions
under this Agreement.
4.2 SN~ BERNARDINO agrees to IIldemnify and hold harmless the COUNTY and
REDLANDS, their officers, empioyees, agents. and volunteers from any and ai! liabilities for
injury to persons and damage to property arising out of any act or omiSSion of SAN
BERNARDINO, its officers, employees, agents or volunteers in connection With SAN
BERNARDINO's performance of Its obligations under thiS Agreement.
4.3 REDLANDS agrees to IIldemnlfy and hold harmless the COUNTY and SAN
BERNARDINO, their officers, empioyees, agents, and volunteers from any and all liabilities
lor injUry to persons and damage to property anslllg out of any act or omiSSion of
Page 4 of 9
REDLANDS ItS officers, employees, agents or volunteers In connection with REDLANDS'
performance of ItS obllgalions under this Agreement
44 In the event the COUNTY and/or SAN BERNARDINO and/or REDLANDS IS found to be
comparatively at fault for any claim, action, loss or damage which resul:s from their respective
obligations under the Agreement, the COUNTY and/or SAN BERNARDINO and or
REDLANDS shall indemnify the other parties to the extent of its comparative fault
Furthermore, If the COUNTY, SAN BERNARDINO or REDLANDS attempts .to seek recovery
from tne other parties for Workers' Compensation benefits paid to an employee, the COUNTY,
SAN BERNARDINO and REDLANDS agree that any alleged negligence of the employee shall
not be construed against the employer of that employee
4.5 COUNTY, SAN BERNARDINO and REDLANDS are self-insured public entities for purposes
, ProfeSSional liabllily, General liability, and Workers' Compensation COUNTY, SAN
BERNARDINO and REDLANDS warrant that through their programs of self-insurance, they
have adequate Prclesslonalliabllity, General liability and Workers' Compensation to provide
coverage for Ilabllilies arising out of COUNTY, SAN BERNARDINO and REDLANDS
performance of thiS Agreement
4 6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates
of F'ROJECT costs Any additional PROJECT costs resulting from increased bid prices or
change orders (but not from unforeseen conditions or requested additional work by a party
which are addressed In Section 4.7 below) over the estimated total PROJECT costs of
5134,000 iwhlch IS the sum of 567,000 from SAN BERNARDINO, and 567,000 from
REDLANDS) shall be borne 50% by SAN BERNARDINO, and 50% by REDLANDS as part of
the parties' respective obilgations to pay for PROJECT costs
47 Additional work/costs anslng from unforeseen site conditions (e.g. relocating a Utility that the
COUNTY, SAr-J BERNARDINO and REDLANDS were not aware of) will be paid by SAN
BERNARDINO and REDLANDS In pmportlon to where the work actually lies. If SAN
BERNARDINO and REDLANDS requests additional work that is beyond the scope of the
onglnal PROJECT, said work Will be paid solely by the agency requesting the work at the
const'uclion contract unit costs
4.3 In the event that change orders are required dunng the course of the PROJECT, said change
o"ders InllSt be in form and substance as set forth In attached Exhibit '8" of thiS ,l\greement
and approved by COUNTY, SAN BERNARDINO and REDLANDS. Contract Change Order
forms Will be delivered by fax and must be returned Within two working days.
4.9 This Agreement may be cancelled upon thirty (30) days wntten notice of any party, prOVided
however, that no party may cancel thiS Agreement after COUNTY lets a contract to construct
the PF,OJECT. In the event of cancellation as provided herein, all PR,OJECT costs reoulred
to be paid by the parties prior to the effecllve date of cancellation srlail be paid by tr,e parties
in the proportion prOVided herein
4 10 Except With respect to the parties' operalion, maintenance and indemnification obligations
contained herein, this Agreement shall terminate upon completion of tI,e PROJECT and
payment of final bdllng by SAN BERNARDINO and REDLANDS for their shares of the
PROJECT.
4.11 TillS Agreement contains the entire agreement of the parties With respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. TillS Agreement
may only be modified in writing Signed by all parties.
4.12 ThiS Agreement shall be governed by the laws of the S:ate of California. Any action or
proceeding between COUNTY, SAN BERNARDINO and REDLANDS concerning the
interpretation or enforcement of thiS Agreernent. or which arises out of or is in any way
connected with thiS Agreement or the PROJECT, shall be instituted and prosecuted In the
appropriate state court In the County of San BernardinO, Callforn:a.
4 13 Time IS of the essence for each and every prOVision of this Agreement
4 i 4 Since the parties or their agents have participated fully In tr,e 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
Page 5 of 9
are for convenience and ease or reference only, and do not define. limit. augrlent, or descn~e
the scope, content, or intent of this Agreement.
4 15 No supplement, modification, or amendment of this Agreement shall be binding un'ess
executed In writing and signed by all parties
4 16 No waiver of any default shall constitute a waiver of any other default or brief, 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 parties any contractual rights by custom, estoppel
or other\vise.
4 17 If a court of competent Jurisdiction declares any portion of this Agreement invalid, illegal, or
other\Vlse unenforceable, the remaining provIsions shall continue In full force and effect,
unless the purpose of this agreement is frustrated.
4 18 ThlsA.greement may be Signed In counterparts, each of which shall constitute an original.
THIS AGREEMENT shall Inure to the benefit of and be binding upon the successors and assigns of
all parties
I~.J WITNESS WHEREOF, the parties to these presents h,ave hereLH,to set their hands
CITY OF SAN BERNARDINO
':-;,n: ~'I i..ne .'~al'e C,'- corporal1en CC-'T1pany. conl.:aclcr, ere)
_ CITv OF REDLANDS
IPrint or r:-pc I]ome 0.' cameral/,x', co.TiDJny. CC,'1lraclor, erei
~/
By ~
1'':'U[,r;OflZeo SJg/iBtl.;re - s.'~r In tJiue ,',,};)
,'::"~;:n:'-"fI:ed Slgr',;;;IJrC - 5";;n rn b:LiE ,'nl<,1
~J~'J:I:e
Name
I,Fn,! 0' t,DC r::.n'c o~ ;;erson 519');,'10 CJ,,!rcJd)
\,:"'>nnl or I/P2 n:Jme ol perSO'l 5Igl1l.'1;; comrac!J
I ::e
Tlt~e
ih"! or T,'Pl)
P(,n; or Type)
j
Dated
;',Gdcc'ss 300 NORTH D STREET
Address
35 CA.,JON STREET300
S.;N BERNARDINO. CA 92418
RED LANDS, C6, 92T'3
CSUf~TY OF SAN BERNARDINO
~
Blii Postmus, Chairman. Board of Super\/isors
De!ee
S~SNED 6,ND CERTIFIED THAT A COPY OF THIS
[}OC;UMENT HAS BEEN DELIVERED TO THE
CrI/;IRMAN OF THE BOARD
Clerk of the Boa~d of Supervisors
of the County of San Bernardino
8f
Oepl...(Y
j ~e'i,ev,ed:JY Contract Comp':an-:e
~-'r8.Se'lto::j :0 [305 for Signature
D'.PC as t::: ~e;;c;: Fon"':!
~
~
De;;artlT!erlt :-iead
\H,Ji"y Cl;:..msel
['31e
Dale
Dato?
Page 6 of 9
Page 7 of 9
EXHIBIT "A"
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO/CITY OF REDLANDS/COUNTY OF
SAN BERNARDINO
FOR EMERGENCY OPENING ROAD IMPROVEMENTS AT ALABAMA STREET / CITY CREEK
--------~-.--- ----l-----;
DESCRIPTION' LIMITS TOTAL:
,
, COST OF i
r PROJECT !
i
~ I '
! Alabama i
Traffic Signal! @CityCreek . S134000 I
Installation i Emerg~ncy I '1
I Opening
__l- _-----/..____
COUNTY OF
SAN
BERNARDINO
SHARE
0/0 OF
PROJECT
COUNTY
CITY OF
REDLANDS
SHARE
00 OF
PROJECT
REDLANDS
CITY OF SAN
BERNARDINO
SHARE
% OF PROJEC
SAN
BERNARDINC
so
0%
S67,000
50%
S67,000
50e/~
TOTAL
$134,000
so
0"
"
$67,000
50%
S67,000
50%
PRO"IECT costs may ~e Increased 0; decreased
Page 8 of 9
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PRC:LIECT
EMERGENCY OPENING ROAD IMPROVEMENTS AT ALABAMA STREET I CITY CREEK
SAN BERNARDINO COUNTY CONTRACT #
FIr?
~""~CS€'::1 :::::)rW-~=1 C'largE e'ljer No .,as been 'e', 1E',....ed ..... accorc3'lCP II, 'f: t"e €), stl"C ao'eerT~n'S ,',1:1- !"eo ;::,', G Sa:l Bernarj,IT C:)' eo' ~ejI3~'c5 a-
:~'.r:,,/ Sa~ bcrn.:r:::lflo 'e.r :ne aba..e pr0;eCI3"d the foII01",'1'"19 snal! appl)
~-.,:.""-= C;:: CTi OF St>,r-.; !;ERr,,';RDir~O A:::TiON
== !:,:::'PRO,,'!:::~) Lv i:r~)le'T,e:'taton .....;:t' 1JO PartiCl~atl0n bj el1\ of San 8err;ara:'lJ
~_ ,:.,,;-;~~) ='0 Si::':~C: to C,~r1':'(<11S Rb:SlorlS Accon1~'any:";;; ~nls OOC\Jme:
=:J ;"~PRJ':ED \','1:" LI'T1ltec: FU'ldlng Part:c,;J3t;on by C11':, 0; San BIOI:,2rc'r',J
n c~, of Actua: Cost to be F..J:ldec bJ e,t", of San Ser'larC: 10
~; e:l" Of Sar. 8U,3:C:;10 ;Janlc!paLOr Not to Ex::eec S
C ~:SK;='PRO\'::::D .r\ol ,4,r::ceo:a~le C:!, of San 6err,arC"lC
C"'.:.. ~=: (iF C;-;-\ OF R~D~,':">'CS ;."eTIO''<'
= ;",:)PRO\.'i::8 for Tp!E:menta!ior, v,:lh ~O::Pc Par1ICI;J3tlon b~, C:l~, of Rej:ar>:::s
2 ;":)PRO\'EJ SU;:,:EC! to COnll7:e'l!s Re,'lsions A:corT'.;Jan~in;;; IriS Jocurr:el\1
~ ;:.,PPRO\/ED ',','il": L'Tllte':' f:=uncir;g Part:ci8atIO'l b;. e,t)' of c;ed;ancs
C ______'~ '~f ';c:Ja! CJst;o::;<; :::I.Jn':::e.: Ji City of Re::.a1JS
~ City o~ Redlands ParIICI:)2l.Cn N::.;t tJ exceed S
::J D,SLP~~RO'-.'ED -'~ct AC':::E:p:a~IE :0 C,I\' 0' Rej:a~;,js
= C'i.:::',;r"i\' Or:: S';'~ '~~R'\JhRJ:NC ;",CT;C'~'J
:J ;:":-';~:-<:j./t:D SU~lect (0 COnlr:>en!sRe''',slc''''s kccc::;::an)'i:"':1 Tr'lS ]cc'.Jrlenl
C c-':S.:;,p;J;::;;O,. E) -~',ctA,,::ceptabie:o COL;~~TY OF S;c'~ 3EP"J~RJ!~'.O
Note Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that
Ntcscribcd in the existing COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO. and CiTY OF REDL~.NDS agreements without separate
iJmendment to said agreeTlents. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the totaf
consrrucrion costs to exceed the sum of the authorized contract total and contingency amounts.
--'il;,;'-'~~ 2.5 fCII.:x,s J'lc.'Jr ctta::h8C are CG'lj:Lon5 01 the 28o,e act:c-"?
== v::S
~r\JO
:]= SD,~~ B~RNAR:J:~,'C' SiG>JATUR:::-
eTY OF R::J:,,';\JDS SiG~~;' r_'R~
,:;::: SL.,i'J 8=F~r\ARJ';~O TiTLE
C:~Y OF RE::X..;';,\JDS T:-li::.
COUr-..;TY 0;: S,A.0-i 2:=:,R\';;):)!NO S:Gr~,':' T _:i:;:E
COUN-;--Y OJ:: SA:-J [j=r;~J;:...qLN,'O TITLE
-::" ; ~" (;' -
-,:~""~,, :.~ :::::. cl 52", 3err<2'(j':10 Res.def'll E"~:"",er (FAX;:; S09-37J-5~54J and Redl;],,;:::::; qe~;:ac'.1 :=->-'~"t0; (F,';X;; '.:JC,9'-;'83 ~'6=CJ), Jnd
:.C'~I:\ ,)1 Sa:: t3e" .i'cino R,eslJenl Engineer \F':"'.\ if- 9C~-::;,,~7-7::'~~-:',
;: Jrl,;,nai ;,)' C-;-Y OF $i'-/-J BERNARO;NO CiTY OF RCJe.M\;DS 3'l-j COUNTY OF S,A,rJ B:::Rr",';RJ,;.O t=!!es
Page 9 of 9