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HomeMy WebLinkAbout15-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: March 8, 2006 Subject: Resolution approving an Agreement with the County of San Bernardino for pavement rehabilitation of Fifth Street between Waterman Avenue and Tippecanoe Avenue (SS06-38) and authorization for the Director of Finance to amend the Fiscal Year 2005/2006 budget. From: James Funk, Director Dept: Development Services MCC Date: 03/20/2006 Synopsis of Previous Council Action: 08/15/05 Allocated funds in the FY 05/06 CIP for rehabilitation of pavement on Fifth Street between Waterman Avenue and Tippecanoe Avenue (SS06-38). Recommended Motion: I) Adopt Resolution and; 2) Authorize the Director of Finance to amend the Fiscal Year 2005/2006 budget by transferring $10,400 from Account No. 126-369-5504-7530 "19th Street Pavement Rehabilitation (County Lead) (SS04-112)" to Account No. 126-369-5504-7583 "5th Street Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue (SS06-38)" and; 3) Authorize the Director of Finance to amend the Fiscal Year 2005/2006 budget by transferring $50,000 from Account No. 129-367-5504-7595 "Landscaping on 4th Street from Mt. Vernon Avenue to 5th Street (SS06-04)" to a new Account No. 129-367-5504-7583 "5th Street Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue (SS06-38)." 4) Authorize the Director of Finance to amend the Fiscal Year 2005/2006 budget to reflect an increase in anticipated revenue of $128,400 in the Gas Tax Fund (Fund 126) associated with the increase in the County's share of the cost of the project for a total County share of $35;2,883, and increase the project expense budget by $128,400 to re ect the ~ costs in the budget. James Fun Contact person: Mike Grubbs, Engineering ManagerlField Engineer Phone: 5179 Supporting data attached: Staff Report, Location Map, Resolution, Ward: & Agreement (Attachment "A") I FUNDING REQUIREMENTS: Amount: $518.945 Source: (Acct. No.) 126-369-5504-7583 Council Notes~OOb ...1{ cj Acct. Description: SS06-38 5th Street Pavement Rehabilitation No. J 5' - 3ja.olotJ City of San Bernardino - Request for Council Action Staff Report Subject: Resolution approving an Agreement with the County of San Bernardino for pavement rehabilitation of Fifth Street between Waterman Avenue and Tippecanoe (SS06-38) and authorization for the Director of Finance to amend the Fiscal Year 2005/2006 budget. Background: The County of San Bernardino Department of Transportation has proposed a cooperative project with the City to rehabilitate the pavement on Fifth Street between Waterman Avenue and Tippecanoe Avenue. Staff concurs that this important section of Fifth Street is in urgent need of rehabilitation. Under terms of the Agreement, the City will design the project, contract out the work and bill the County its share as indicated in Exhibit "A" attached to the Agreement. The total estimated cost ofrehabilitating Fifth Street between Waterman A venue and Tippecanoe A venue is $518,945. The City's and County's shares of the project cost is based on the percent of rehabilitation in the respective jurisdictions. The City's share is $166,062 or 32% and the County's share is $352,883 or 68%. The proposed rehabilitation strategy is to remove and replace failed areas of pavement, grind the existing roadway full width and overlay with at least 1.5 inches of new asphalt pavement. Attached is a map showing the location of the proposed project. Staff believes this cooperative project will be beneficial to both agencies. Cooperative projects typically have elements under the jurisdiction of both the City and County of San Bernardino and, therefore, lend themselves well to such a cooperative effort. If this agreement is approved, the City will be the lead agency and will proceed with preparation of improvement plans. specifications, and estimated costs (PS&E). The City will also be responsible for advertising for bids. award of contract and management of the construction of the project per the attached Agreement. Exhibit" A" attached to the Agreement provides an overall summary of the estimated project cost. Upon completion of construction. the City will bill the County for its share of the total cost of the project, which is estimated to be $352,883, including the cost of design. construction engineering and the cost of the construction contract plus change orders. If the City chooses not to enter into this cooperative Agreement, the County may proceed with the portion of the work within its jurisdictional boundaries using its own forces or a private contractor. For obvious reasons, such an approach would not be efficient and not in the best interest of the public. ') City of San Bernardino - Request for Council Action Staff Report (Continued) The County is requesting that five (5) copies of the Agreement be executed and returned to them for processing before the Board of Supervisors. Financial Impact: An amount of $105,664 was allocated from the Gas Tax fund in FY 05/06 Capital Improvement Program (CIP) as the City's share of the cost of rehabilitating the pavement on Fifth Street between Waterman Avenue and Tippecanoe Avenue (SS06-38). Because of recent increases in the cost of construction. a new cost estimate was prepared which now indicates the total cost of the project will be $518,945 and the City's share will be $166.062. This new cost represents an increase of $60,398 in the City's share of the project. Staff is proposing to supplement the project budget by transferring $10,400 from Account No. 126- 369-5504-7530 "19th Street Pavement Rehabilitation (County Lead) (SS04-112)" to Account No. 126-369-5504-7583 "5th Street Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue (SS06-38)" and by transferring $50,000 from Account No. 129-367-5504- 7595 "Landscaping on 4th Street from Mt. Vernon Avenue to a new Account No. 129-367- 5504-7583 "5th Street Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue (SS06-38). " The 19th Street Pavement Rehabilitation (County Lead), Project No. SS04-112, was completed under budget and all payments to the County have been made. Sufficient balance remains in the account to fund the transfer. The landscaping on 4th Street from Mt. Vernon Avenue to 5th Street, Project No. SS06-04. will be accomplished as part of the Mt. Vernon Bridge replacement project. There will be no impact on either of these projects as a result of the budget adjustments. It is recommended that the Gas Tax budget be amended to reflect changes to the total project cost of $518,945 for FY 2005/2006 with the City's share being $166,062 and the County's share being $352.883, which will be reimbursed to the City upon completion of the project (see Exhibit A). Recommendation: I. Adopt Resolution and; 2. Authorize the Director of Finance to amend the Fiscal Year 2005/2006 budget by transferring $10.400 from Account No. 126-369-5504-7530 "19'h Street Pavement Rehabilitation (County Lead) (SS04-112)" to Account No. 126-369-5504-7583 "5[h Street Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue (SS06-38)" and; :I. Authorize the Director of Finance to amend the Fiscal Year 2005/2006 hudget by transferring S50.000 from Account No. 129-367-5504-7595 "Landscaping on 4th Street from Mt. Vernon Avenue to 5th Street (SS06-04)" to a new Account No. 129-367-5504- 7583 "5th Street Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue IS506-38), .. .' City of San Bernardino - Request for Council Action Staff Report (Continued) 4. Authorize the Director of Finance to amend the Fiscal Year 200512006 budget to reflect an increase in anticipated revenue of $128,400 in the Gas Tax Fund (Fund 126) associated with the increase in the County's share of the cost of the project for a total County share of $352,883, and increase the project expense budget by $128,400 to reflect the full project costs in the budget. 4 ~ 700m 0: 01 ~.2?fOOft ~ z '0 ~~Q~ ..Y---=l_g 6 - ... "C 1I> ~ (D: E 11th ~ - ~'C ~"C _. > ---- . EOlive St .:5 a. ~ ~ ?? --.' ~ < . E1Otn~' z'- ------'S:;-- ~ .., ~ ~ ci ---.- _. 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Inc.: 02004 NAVTEQ n r---- 5th from Waterman to Tippecanoe.bmp ~:~~6f\JE-s;t'"_:' . _ u ~..~ '~~Lm~~n- - )>. < 1I> "W1Ot ~ ?.. ~ .., ^ 1I> ,f ~ 1I> 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN 4 BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR PAVEMENT 5 REHABILIT A TION OF FIFTH STREET BETWEEN WATERMAN A VENUE AND TIPPECANOE AVENUE (SS06-38). RESOLUTION NO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City, a cooperative agreement with the County of San 10 11 Bernardino for pavement rehabilitation of Fifth Street between Waterman Avenue and 12 Tippecanoe Avenue (SS06-38) as shown in this agreement. A copy of said cooperative 13 agreement is attached as Attachment "A" and made a part hereof. 14 15 SECTION 2. The authorization to execute the above-referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 16 17 of this resolution. 18 III 19 III 20 21 22 23 24 25 26 27 28 - 1 - ND. )5' 3/:2 D I () (" 1 2 RESOLUTION...AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN 3 BERNARDINO FOR PAVEMENT REHABILITATION ON FIFTH STREET BETWEEN WATERMAN AVENUE AND TIPPECANOE AVENUE (SS06-38). 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of , 2006, by the following vote, to wit: 8 Council Members: 9 ESTRADA 10 11 BAXTER 12 MC GINNIS 13 DERRY 14 KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 AYES NAYS ABST AIN ABSENT 19 20 21 22 23 City Clerk The foregoing resolution is hereby approved this day of ,2006. Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to 25 form and legal content: 26 JAMES F. PENMAN, City ttorney ,1, ( C'1 v","""""_ 27 28 - 2 - COUNTY OF SAN BERNARDINO FAS STANDARD CONTRACT ATTACHMENT "A" FOR COUNTY USE ONL Y X New Vendor Code Dept. Contract Number - Change SC TRA A Cancel County Department Dept. Orgn. Contractor's License No. Public Works - Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount Brendon Biqqs (909) 387-8166 $352,882 Contract Type o Revenue 00 Encumbered o Unencumbered o Other If not encumbered or revenue contract type, provide reason: Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount SWW TRA TRA 200 2445 14T01285 $352,882 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount Project Name Estimated Payment Total by Fiscal Year F/FTH STREET FY Amount I/O FY Amount 110 REHAB/LlTA T/ON 05/06 $352,882 I - - Contract Type - Special - - (Risk Management Approved) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name Address City of San Bernardino 300 North D Street hereinafter called: CITY San Bernardino. CA 92418 Telephone Federal 10 No. or Social Security No. (909) 384-5211 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determmation of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) 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 rehabilitate the pavement on Fifth Street from Waterman Avenue east to Tippecanoe Avenue (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT is partially (68%) in the unincorporated area of the COUNTY and partially (32%) within the incorporated area of the CITY, and will be of mutual benefit to the COUNTY and CITY; and WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will be from COUNTY road funds and CITY local funds; and Auditor I Controller - Recorder Use Onlv o Contract Database 0 FAS Input Date I Keyed By Page 1 of 8 WHEREAS, the total PROJECT cost is estimated to be $518,945. COUNTY's share of PROJECT cost is estimated at $352,883 (68%) and CITY's share of PROJECT cost is estimated at $166,062 (32%), as more particularly set forth in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, COUNTY and CITY 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 MUTUALLY AGREED as follows: 1.0 CITY AGREES TO: 1.1 Act as the Lead Agency in the design and construction of the PROJECT. 1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT for COUNTY's prior review and approval. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of CITY, which have been reviewed and approved by COUNY, and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence of COUNY. 1.4 Construction by CITY of improvements referred to herein which lie within COUNTY rights of way or affect COUNTY facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocation have been reviewed and approved in writing by COUNTY personnel and until such an encroachment permit to CITY authorizing such work has been issued by COUNTY. 1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the unincorporated area of the PROJECT Site. 1.6 Obtain a no-cost permit from COUNTY for work within the COUNTY's right-of-way. 1.7 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with the California Public Contract Code. 1.8 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 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 and non- owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) and shall name the CITY and the COUNTY as additional insured. Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and 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. 1.9 Provide adequate inspection of all items of work performed under the construction contract(s) with CITY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COUNTY. CITY shall provide copies of any records of inspection and materials testing to COUNTY within ten (10) days of CITY's receipt of written demand from COUNTY for such records. 1.10 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. CITY's proportionate share of the PROJECT costs shall be 32%, which is estimated to be $166,062. 1.11 Submit to COUNTY an itemized accounting of actual PROJECT costs incurred by CITY to date and which have not already been paid either by COUNTY or CITY and a statement for COUNTY's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following COUNTY and CITY acceptance of the final construction cost accounting. Page 2 of 8 1.12 Include completion of any applicable NEPA and CEQA requirements. 1.13 After CITY's and COUNTY's acceptance of the construction contract work, CITY shall operate and maintain those portions of the PROJECT within the unincorporated area of CITY, in accordance with CITY regulations, policies and procedures. 2.0 COUNTY AGREES TO: 2.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. COUNTY's proportionate share of the PROJECT costs shall be 68%, which is estimated to be $352,883. 2.2 Pay to CITY, on a reimbursement basis, its share of PROJECT costs, including its proportionate share of any PROJECT cost increases pursuant to Section 3.6 below, within thirty (30) days after receipt of an itemized statement as set forth in Section 1.11 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by either COUNTY or CITY, together with adequate documentation of said expenditures. 2.3 Provide a no-cost permit to CITY for its work in COUNTY's right-of-way. 2.4 After CITY's and COUNTY's acceptance of the construction contract work, COUNTY shall operate and maintain those portions of the PROJECT within the incorporated area of the COUNTY, in accordance with COUNTY regulations, policies and procedures. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents. and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of its obligations under this Agreement. 3.2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CITY, its officers, employees, agents or volunteers in connection with CITY's performance of its obligations under this Agreement. 3.3 In the event that a claim or suit is brought against COUNTY and/or CITY, CITY will initially defend the involved parties, with COUNTY waiving potential conflict, until such time that the liability situation is defined. 3.4 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. 3.5 COUNTY and CITY are self-insured public entities for purposes of Professional Liability, General Liability, and Workers' Compensation. COUNTY and CITY warrant that through their programs of self-insurance, they have adequate Professional Liability, General Liability and Workers' Compensation to provide coverage for liabilities arising out of COUNTY and CITY's performance of this agreement. 3.6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT 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 3.8 below) over the estimated total PROJECT costs of $518,945 (which is the sum of $352,883 (68%) from COUNTY and $166,062 (32%) from CITY) shall be borne by each party in proportion to where the work actually lies (based on jurisdiction), as part of the parties' respective obligations to pay for PROJECT costs. 3.7 CITY shall notify COUNTY 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 Page 3 of 8 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 so as to avoid the letting of a contract to construct the PROJECT and any detrimental reliance by either contract or any potential contractor. 3.8 Additional work/costs arising from unforeseen site conditions (e.g. relocating a Utility that the CITY or COUNTY were not aware of) will be paid by either CITY or COUNTY in proportion to where the work actually lies. If either CITY or COUNTY request additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work at the construction contract unit costs. 3.9 If after opening bids for the PROJECT, it is found that a total project cost overrun (including environmental clearance, right of way acquisition, agency provided equipment, and design and construction engineering) of no more than 25% of the estimated PROJECT costs will occur, CITY may award the contract and notwithstanding any provision herein to the contrary the COUNTY and the CITY shall pay for the cost of construction as provided by this Agreement. 3.10 If, upon opening of bids, it is found that a total project cost overrun (including environmental clearance, right of way acquisition, agency provided equipment, and design and construction engineering) exceeding 25% of the estimated PROJECT costs will occur, CITY shall not award any contracts for the PROJECT. Rather COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 3.11 In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in attached Exhibit B of this Agreement and approved by both COUNTY and CITY. Contract Change Order forms will be delivered by fax and must be returned within two (2) working days. 3.12 This Agreement may be cancelled upon thirty (30) days written notice of either party, provided however, that neither party may cancel this Agreement after CITY lets a contract to construct the PROJECT. In the event of cancellation as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of cancellation shall be paid by the parties in the proportion provided herein. 3.13 Except with respect to the parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by COUNTY for its share of the PROJECT. 3.14 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by both parties. 3.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 3.16 Time is of the essence for each and every provision of this Agreement. 3.17 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.18 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 3.19 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 party any contractual rights by custom, estoppel, or otherwise. Page 4 of 8 3.20 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. 3.21 This Agreement may be signed in counterparts, each of which shall constitute an original. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. III III III Page 5 of 8 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO (Print or type name of corporation. company. contractor. etc.) By ~ ~ Bill Postmus, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COpy OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. Title (Print or Type) Dated: By Address Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ~ County Counsel ~ ~ Department Head Date Date Date APPROVED AS TO FORM AND LEGAL CONTENT. .~ Page 6 of 8 EXHIBIT A - Work Order T01285 ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/SAN BERNARDINO COUNTY FOR PAVEMENT REHABILITATION IN THE SAN BERNARDINO AREA DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF SAN %OF COST OF SAN PROJECT BERNARDINO PROJECT PROJECT BERNARDINO COUNTY SHARE CITY SHARE WATERMAN REHABILITATE AVENUE FIFTH STREET EAST TO $518,945 $352,883 68% $166,062 32% TIPPEANOE AVENUE PROJECT costs may be increased or decreased based on accepted contractor's bid. Page 7 of 8 EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: FIFTH STREET REHABILITATION SAN BERNARDINO COUNTY CONTRACT # File: T01285 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino and County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: _/_/_ o APPROVED for Implementation with 100% Participation by CITY OF SAN BERNARDINO o APPROVED Subject to Comments/Revisions Accompanying This Document o APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO 0_0/0 of Actual Cost to be Funded by CITY OF SAN BERNARDINO o CITY OF SAN BERNARDINO Participation Not to Exceed $ o DISAPPROVED -Not Acceptable to CITY OF SAN BERNARDINO DATE OF COUNTY OF SAN BERNARDINO ACTION: _/_/_ o APPROVED for Implementation with 100% Participation by COUNTY OF SAN BERNARDINO o APPROVED Subject to Comments/Revisions Accompanying This Document o APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO 0_0/0 of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO o COUNTY OF SAN BERNARDINO Participation Not to Exceed $ o DISAPPROVED -Not Acceptable to COUNTY 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 COUNTY OF SAN BERNARDINO and CITY OF SAN BERNARDINO agreements without separate amendment to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments, as follows and/or attached. are conditions of the above action? 0 YES 0 NO CITY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO SIGNATURE CITY OF SAN BERNARDINO TITLE: COUNTY OF SAN BERNARDINO TITLE: Distribution: Signed Original Returned to CITY of SAN BERNARDINO Resident Engineer (FAX #909-384-5573) and County of San Bernardino Resident Engineer (FAX # 909-387-7927) Signed Original for CITY OF SAN BERNARDINO and COUNTY OF SAN BERNARDINO Files Page 8 of 8 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): :3 - ;0, c b Item # Vote: AyeS~ Nays Change to motion to amend original documents D ~/~/00 /~ Resolution # d-t0Dio -'7 Y Abstain Absent Companion Resolutions NulVVoid After: ~ days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: :s - Ji - {) k Date of Mayor's Signature: ?')??- p~ Date ofClerklCDC Signature: ~_ Yr,[J,b Date Memo/Letter Sent for Signature:?/~' 0 h .J Date Returned: I ,( Reminder Letter Sent: 2nd Reminder Letter Sent: Reso. Log Updated: rI' Seal Impressed: 0/ Reso. # on Staff Report D S" In lOb Not Returned: D . Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): / Yes No~By_ N~ By_ No / By_ No ~ ByL No~_ Yes Yes Yes Yes Copies Distributed to: Animal Control City Administrator City Attorney D V EDA D Information Services D ~ Parks & Recreation D Police Department D D Public Services D D Water Department D Facilities Finance Code Compliance D Fire Department Developme~ervices r:J C Y) J1 HUj"an Resources Others: ~_ I JrJ:.u1r~1Lk7 / . I Notes: ~ /Yl~sj;%rc /O'L(. F rrLJ.R. J:J?1~ Ready to File: ~ Date: Revised 12/18/03 ,- CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 28, 2006 TO: Mike Grubbs, Field Engineer Development Services Department FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2006-74 At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino adopted Resolution No. 2006-74 - Resolution authorizing execution of a Cooperative Agreement between the City of San Bernardino and the County of San Bernardino for pavement rehabilitation of Fifth Street between Waterman Avenue and Tippecanoe Avenue (SS06-38), Attached are one (I) original agreements and five (5) duplicate original agreements to be executed by the County of San Bernardino. Please obtain signatures in the appropriate locations and return the ORIGINAL Cooperative Agreement to the City Clerk's Office as soon as possible, to my attention. Please retain the five (5) duplicate original agreements for your records. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by Thursday, May 18, 2006. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you, Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Sign Date: J;2sio~ Please sign and return