HomeMy WebLinkAbout13-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution Authorizing execution of a
cooperative agreement with the
County of San Bernardino and the
San Bernardino City Unified School
District for the installation of a
flashing beacon device at the
crosswalk located on Lynwood Drive
at Merito Avenue, adjacent to Del
Vallejo Middle School.
MCC Date: August 21, 2006
Dept: Development Services
Date: July 26, 2006
File:
Synopsis of Previous Council Action:
None.
Recommended Motion:
1. Adopt Resolution.
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Valerie C. Ross
Contact person: Mark Lancaster, Deputy Director/City Engineer Phone: 3305
Supporting data attached: Staff Report, Map, Reso & Agreement
Ward:
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FUNDING REQUIREMENTS: Amount: $ 10,000
Source: (Acct. Nos.) 250-370-5504-7338
Acct. Description: Citv-Wide Traffic Signal Imoovements
Finance:
Council Notes:
Agenda Item No. 1'3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
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Subject:
Resolution authorizing execution of a Cooperative Agreement with the County of San
Bernardino and San Bernardino City Unified School District for the installation of a flashing
beacon device, signing and markings for a crosswalk located on Lynwood Drive at Merito
Avenue, adjacent to Del Vallejo Middle School.
Background:
In the vicinity of the subject crosswalk and within the property limits of Del Vallejo Middle
School, the north side of Lynwood Drive is in the City and the south side is in the County. The
principal of Del Vallejo Middle School contacted the City and County with concerns about
pedestrian safety at the subject crosswalk and requested a meeting between on-site school
administrators, City staff, County staff and District staff to discuss ways to improve pedestrian
safety at the subject location. County staff recommended the installation of flashing yellow
beacons mounted on poles and mast arms for both eastbound and westbound traffic approaching
the subject crosswalk. The intent is to supplement the signs and. markings to get the attention of
drivers, alerting them to the presence of the crosswalk. Subject to final approval, staff of all
three agencies agreed to pursue a cooperative agreement to share in the cost equally. The total
cost is estimated to be $30,000, with each agency responsible for one-third (J/3) of the cost or an
estimated $10,000 each. The County agreed to lead the project and prepare the required
construction documents.
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Under the terms of the three-party Agreement, the City as agreed under certain circumstances to
pay its share of project costs that are in excess of $10,000, if such costs are incurred after bid
opening for the installation work. The City has also agreed to undertake right-of-way
acquisition, either through negotiation with property owners or through considering whether to
file eminent domain actions, and to pay right-of-way acquisition costs on the basis of the
proportion of such right-of-way being located either within the City or the County.
The City has until 10 days after the receipt of public bids by the County to determine the final
costs of the project. A provision is included in the Agreement to provide for termination of the
Agreement by any party prior to contract award and to allocate excess costs in addition to the
$10,000, payable by each party at the time of contract award. The County may proceed with the
project and the award of the contract bid, if the bid costs do not exceed 25% of the estimated
project costs. After completion of the project, all parties will be responsible for the payment of
any excess project costs allocated to each party plus the City and the County will each be
responsible for 50% of costs of the ongoing maintenance activities.
Financial Impact:
The estimated cost to the City is approximately $10,000 and it will be paid through CIP Project No.
TC-A "City-Wide Traffic Signal Improvements" (Account No. 250-370-5504-7338).
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Recommendation:
I. Adopt Resolution.
Attachments:
"I"-Map.
3
City of San Bernardino, c~7ijorrN'J"
Department of Public Works, Division of Engineering
CITY WIDE
TRAFFIC SIGNAL IMPROVEMENTS
AT
LYNWOOD DRIVE
AND
Del Vallejo Middle School
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VICINITY MAP
N.T.S.
TC-A
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF A
FLASHING YELLOW BEACON DEVICE. SIGNING AND MARKINGS FOR A
CROSSW ALK LOCATED ON L YNWOOD DRIVE AT MERlTO AVENUE,
ADJACENT TO DEL VALLEJO MIDDLE SCHOOL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to execute a Cooperative
Agreement with the County of San Bernardino and the San Bernardino City Unified School
District for the installation of a flashing beacon device, signing and markings for the crosswalk
located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo Middle SchooL A copy of
14 the Cooperative Agreement is attached hereto as Exhibit "1" and incorporated herein by
15 reference.
16
17
18
19
SECTION 2. This Agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
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21
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23
24 III
25
26
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within one-hundred twenty (120) days of passage of the resolution.
III
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1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF A COOPERATIVE
3 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF A
4 FLASHING YELLOW BEACON DEVICE, SIGNING A.."ID MARKINGS FOR A
CROSSWALK LOCATED ON LYNWOOD DRIVE AT MERlTO AVENUE,
5 ADJACENT TO DEL VALLEJO MIDDLE SCHOOL.
6
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting thereof, held on the _
Common Council of the City of San Bernardino at a
, 2006, by the following vote, to wit:
AYES
ABSTAIN ABSENT
NAYS
15
16
17 JOHNSON
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19
KELLEY
MC CAMMACK
20
21
22
23
24
City Clerk
day of
,2006.
The foregoing Resolution is hereby approved this
PATRICKJ. MORRIS, Mayor
City of San Bernardino
25 Approved as to form:
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C~t} ;\ttgmey
Sp..C'tal C o....sd
Exhibit "1"
FAS
fX- New Vendor Code Depl. Contract Number
f-- Change SC TRA A
Cancel
County Department Depl. Orgo. Contractor's License No.
Public Works - Transportation
County Department Contract Representative Telephone Total Contract Amount
BRENDON BIGGS 387-8166 LEAD AGENCY - NO ENCUMBRANCE
Contract Type
o Revenue o Encumbered IXJ Unencumbered 0 Other:
If not encumbered or revenue contract type, orovide reason: Lead aaencv. no encumbrance
Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment
Fund Depl. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Orig. Amount
SM TRA TRA 200 2445 17H14108
Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJIJOB No. Orig. Amount
Fund Depl. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Orig. Amount
Project Name Estimated Payment Total by Fiscal Year
L YNWOOD DR. @ DEL FY Amount 110 FY Amount 110
VALLEJO MS BEACON
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Contract Type - Special - -
(Risk Management Approved)
FOR COL'NTY USE ON! Y
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COUNTY OF SAN BERNARDINO
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the County, and
Name
and Name
Address
Address
CITY OF SAN BERNARDINO
300 NORTH D STREET
SAN BERNARDINO. CA 92418
Federal 10 No. or Social Security No.
(909) 384-5211
SAN BERNARDINO UNIFIED SCHOOL DISTRICT
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777 N "F" STREET
SAN BERNARDINO. CA 92410
Telephone Federal 10 No. or Social Security No. .
(909) 381-1100
Telephone
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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,
determination 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), the
SAN BERNARDINO UNIFIED SCHOOL DISTRICT (hereinafter referred to as DISTRICT), and the
CITY OF SAN BERNARDINO (hereinafter referred to as SAN BERNARDINO) desire to cooperate
and jointly participate in the design, construction and construction management for the installation of
a flashing beacon at the Lynwood Drive pedestrian crossing at Del Vallejo Middle School (hereinafter
referred to as PROJECT); and
WHEREAS, the PROJECT is partially (50%) within the unincorporated area of the COUNTY
and partially (50%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit
to the COUNTY, SAN BERNARDINO, and DISTRICT; and
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WHEREAS, the DISTRICT has agreed to pay a percentage of PROJECT costs as it will
benefit from completion of the PROJECT; and
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Auditor I Controller - Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
Page 1 of 7
WHEREAS, it is anticipated that the funding for the PROJECT will be from COUNTY road
funds, SAN BERNARDINO local funds, and DISTRICT local funds; and
_ WHEREAS, the total PROJECT cost is estimated to be $30,000. COUNTY's share of
PROJECT cost is estimated at $10,000 (33.4%), DISTRICT's share of PROJECT cost is estimated at
$10,000 (33.3%), and SAN BERNARDINO's share of PROJECT cost is estimated at $10,000
(33.3%), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by
reference; and
WHEREAS, COUNTY, SAN BERNARDINO and DISTRICT 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 COUNTY AGREES TO:
1.1 Act as the Lead Agency in the obtaining of environmental clearances, design, construction,
and construction engineering of the PROJECT.
1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT
for prior review and approval by SAN BERNARDINO and DISTRICT.
1.3 Construct the PROJECT by contract in accordance with the plans and specifications of
COUNTY, which have been reviewed and approved by SAN BERNARDINO and DISTRICT
and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence
of SAN BERNARDINO and DISTRICT.
1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain a no-cost permit from SAN BERNARDINO and temporary right-of-entry from
DISTRICT for work within the respective right-of-way of each.
1.6 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 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 SAN BERNARDINO, DISTRICT 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, SAN BERNARDINO,
DISTRICT, and their officers, employees, agents, volunteers, contractors and subcontractors.
Policies Primarv and Non-Contributorv - All policies required above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by the
COUNTY, SAN BERNARDINO, and DISTRICT.
1.8 Provide adequate inspection of all items of work performed under the construction contract(s)
with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO and DISTRICT.
COUNTY shall provide copies of any records of inspection and materials testing to SAN
,-- BERNARDINO or DISTRICT within ten (10) days of COUNTY's receipt of written demand
,-. from SAN BERNARDINO or DISTRICT for such records.
1.9 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.
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COUNTY's proportionate share of PROJECT costs is estimated at $10,000 (33.4% of
PROJECT). COUNTY shall be responsible for the sum of $10,000, plus its proportionate
share of any PROJECT cost increases pursuant to Section 4.6 below and pay such costs from
COUNTY road funds.
- 1.10 Submit to SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by
COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO or
DISTRICT. If SAN BERNARDINO's proportionate share exceeds the sum of $10,000 paid up-
front by SAN BERNARDINO, the itemized accounting shall include a statement for SAN
BERNARDINO's proportionate share of the PROJECT costs exceeding this amount, as
provided herein. Costs shall be amended following acceptance of the final construction cost
accounting by COUNTY, SAN BERNARDINO, and DISTRICT.
1.11 Submit to DISTRICT an itemized accounting of actual PROJECT costs incurred by COUNTY
to date and which have not already been paid either by COUNTY, SAN BERNARDINO or
DISTRICT, and a statement for DISTRICT's proportionate share of the PROJECT costs as
provided herein. Costs shall be amended following acceptance of the final construction cost
accounting by COUNTY, SAN BERNARDINO, AND DISTRICT.
1.12 Although not anticipated, if right-of-way is needed, the COUNTY shall order title reports on
such parcels. All costs associated with right-of-way acquisition shall be reimbursed by the
responsible party dependent upon jurisdiction. For example, if a parcel to be acquired is
located completely within the COUNTY (or SAN BERNARDINO). the COUNTY (or SAN
BERNARDINO) shall pay all costs of right-of-way acquisition. If a parcel is located 75% in the
COUNTY and 25% in SAN BERNARDINO, the COUNTY would pay 75% and SAN
BERNARDINO would pay 25% of the costs of right-of-way acquisition.
1.13 Provide services to acquire the right-of-way if needed for the PROJECT, to include contacting
owner or occupant, entering properties, appraising right-of-way parcels, inspecting and
negotiating takes and easements including improvements.
1.14 Include completion of any applicable NEPA and CEQA requirements.
1.15 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and
,_ DISTRICT, the COUNTY shall act as the Lead Agency in performing or causing the
performance of maintenance activities for the PROJECT. Maintenance responsibilities shall
include preventative maintenance and emergency maintenance. The COUNTY shall be
responsible for 50% of the maintenance costs associated with the PROJECT. The remaining
50% of the maintenance cost shall be the responsibility of SAN BERNARDINO.
2.0
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SAN BERNARDINO 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. SAN
BERNARDINO's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of
PROJECT). SAN BERNARDINO will pay the sum of $10,000 to the COUNTY after bid
opening and prior to award of contract to the successful bidder.
2.2 Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs in excess of the
sum of $10,000 paid up-front by SAN BERNARDINO. This includes SAN BERNARDINO's
portion of any PROJECT cost increases pursuant to Section 4.6 below. Such payment shall
be made within thirty (30) days after receipt of an itemized statement as set forth in Section
1.10 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date
and which have not already been paid by COUNTY, SAN BERNARDINO, or DISTRICT,
together with adequate documentation of said expenditures.
2.3 Pay for its proportionate share of those right-of-way costs for properties that are located within
SAN BERNARDINO's jurisdiction. For example, if a parcel to be acquired is located completely
within SAN BERNARDINO (or COUNTY), SAN BERNARDINO (or COUNTY) shall pay all costs of
right-of-way acquisition. If a parcel is located 25% in SAN BERNARDINO and 75% in the
COUNTY, SAN BERNARDINO would pay 25% and COUNTY would pay 75% of the costs of right-
of-way acquisition.
2.4 Provide a no-cost penmit to the COUNTY for its work in SAN BERNARDINO's right-of-way.
2.5 Although right-ot-way acquisition is not anticipated, should COUNTY be unable to acquire the
necessary right-ot-way located within the limits of SAN BERNARDINO, then SAN
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BERNARDINO, 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 1245.235 for the purpose of
considering the adoption of a resolution of necessity. If SAN BERNARDINO 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
SAN BERNARDINO.in any way to use the power of Eminent Domain to acquire any rights-of-
way within SAN 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 accordance with the California Code of Civil Procedure. SAN
BERNARDINO 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 within
SAN BERNARDINO 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 SAN BERNARDINO
and SAN BERNARDINO is unable or unwilling to use Eminent Domain to acquire right-of-way,
this Agreement shall 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.
2.6 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and
DISTRICT, SAN BERNARDINO shall be responsible for 50% of the maintenance costs
associated with the PROJECT as its fair share. Maintenance responsibilities shall include
preventative maintenance and emergency maintenance.
DISTRICT AGREES TO:
3.1 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.
DISTRICT's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of
PROJECT).
3.2 Pay to COUNTY, on a reimbursement basis, its proportionate share of any PROJECT cost
increases pursuant to Section 4.6 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,
SAN BERNARDINO or DISTRICT, together with adequate documentation of said
expenditures.
3.3 Provide a temporary right of entry to the COUNTY for its work in DISTRICT's property.
IT IS MUTUALLY AGREED:
4.1 COUNTY agrees to indemnify and hold harmless SAN BERNARDINO and DISTRICT, their
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.
4.2 SAN BERNARDINO agrees to indemnify and hold harmless the COUNTY and DISTRICT,
their 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 SAN BERNARDINO, its
officers, employees, agents or volunteers in connection with SAN BERNARDINO's
performance of its obligations under this Agreement.
4.3 DISTRICT agrees to indemnify and hold harmless the COUNTY and SAN BERNARDINO,
their 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 DISTRICT its officers,
employees, agents or volunteers in connection with DISTRICT's performance of its obligations
under this Agreement.
4.4 In the event the COUNTY and/or SAN BERNARDINO and/or DISTRICT 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 SAN BERNARDINO and/or DISTRICT
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shall indemnify the other parties to the extent of its comparative fault. Furthermore, if the
COUNTY, SAN BERNARDINO or DISTRICT attempts to seek recovery from the other parties
for Workers' Compensation benefits paid to an employee, the COUNTY, SAN BERNARDINO
and DISTRICT agree that any alleged negligence of the employee shall not be construed
against the employer of that employee.
4.5 COUNTY, SAN BERNARDINO and DISTRICT are self-insured public entities for purposes of
Professional Liability, Automobile Liability, General Liability, and Workers' Compensation.
COUNTY, SAN BERNARDINO and DISTRICT warrant that through their programs of setf-
insurance, they have adequate Professional Liability, Automobile Liability, General Liability,
and Workers' Compensation to provide coverage for liabilities arising out of COUNTY's, SAN
BERNARDINO's, and DISTRICT's performance of this Agreement.
4.6 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 Settion 4.8 below) over the estimated total PROJECT costs of
$30,000 (which is the sum of $10,000 from COUNTY, $10,000 from SAN BERNARDINO, and
$10,000 from DISTRICT) 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.
4.7 COUNTY shall notify SAN BERNARDINO and DISTRICT of the bids received and the
amounts thereof. Within ten (10) days thereafter, COUNTY, SAN BERNARDINO, and
DISTRICT shall determine the cost of the PROJECT. In the event that any party intends to
cancel this Agreement based upon the bids or amount thereof, said party shall notify the other
parties 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.
4.8 Additional work/costs arising from unforeseen site conditions, including Utility relocation, will
be paid by COUNTY, SAN BERNARDINO, or DISTRICT in proportion to where the work
actually lies. If COUNTY, SAN BERNARDINO, or DISTRICT requests 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.
4.9 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 25% or less of the estimated PROJECT costs will occur,
COUNTY may award the contract and notwithstanding any provision herein to the contrary the
COUNTY, SAN BERNARDINO, and DISTRICT shall pay for the cost of construction as
provided by this Agreement.
4.10 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,
COUNTY shall not award any contracts for the PROJECT. Rather COUNTY, SAN
BERNARDINO, and DISTRICT 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.
4.11 In the event that change orders are required during the course of the PROJECT, said change
orders must be in the form and substance as set forth in attached Exhibit "B" of this
Agreement and approved by COUNTY, SAN BERNARDINO and DISTRICT. Contract Change
Order forms will be delivered by fax and must be returned within two (2) working days.
4.12 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided
however, that no party may cancel this Agreement after COUNTY 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.
4.13 Except with respect to the parties' operation, maintenance and indemnification obligations
contained herein, this Agreement shall terminate upon completion of the PROJECT and
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4.15
4.16
4.17
4.18
4.19
4.20
payment of final billing by SAN BERNARDINO and DISTRICT for their shares of the
PROJECT.
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 all parties.
This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between COUNTY, SAN BERNARDINO and DISTRICT 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.
Time is of the essence for each and every provision of this Agreement.
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.
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 otherwise.
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.
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
all parties.
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands.
CITY OF SAN BERNARDINO
:nf or type name of corporation: company, contractor. etc.)
SAN BERNARDINO UNIFIED SCHOOL DISTRICT
(Print or type name of corporation, company, contractor, etc.)
-
ey
By ~
(Authorized signature - sign in blue ink)
(Authorized signature - .sign in blue ink)
Name
Name
(Print or type name of person signing contract)
(Print or type name of person signing contract)
Title
Title
{Pnnt or Type}
(Print or Type)
Dated:
Dated:
Address 300 NORTH D STREET
SAN BERNARDINO. CA 92418
Address
777 N "F" ST
SAN BERNARDINO. CA 92410
COUNTY OF SAN BERNARDINO
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Bill Postmus, Chairman, Board of Supervisors
Dated:
3NED AND CERTIFIED THAT A COpy OF THIS
"LfOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
of the County of San Bemardino.
By
Deputy
Approved as to Legal Form
Reviewed by Contract Compliance
Presented to BOS for Signature
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County Counsel
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Department Head
Date
Date
Date
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EXHIBIT "A"
ESTIMATE OF PROJECT COSTS
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FOR CITY OF SAN BERNARDINO/SAN BERNARDINO UNIFIED SCHOOL DISTRICT/COUNTY OF
-- SAN BERNARDINO
FOR FLASHING BEACONS AT CROSSWALK ON L YNWOOD DRIVE
DESCRIPTION LIMITS TOTAl COUNTY OF %OF SAN % OF PROJECT CITY OF SAN ".OF
COST OF SAN PROJECT BERNARDINO SAN BERNARDINO PROJECT
PROJECT BERNARDINO COUNTY UNIFIED BERNARDINO SHARE SAN
SHARE SCHOOL UNIFIED BERNARDIN
DISTRICT SCHOOL 0
SHARE DISTRICT
DESIGN & Lynwood
INSTALL Drive at $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3%
Del Vallejo
BEACONS MS
TOTAL $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3%
PROJECT costs may be increased or decreased, depending upon the amount of the construction contract, project change
orders and other final costs.
~-"
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,,-.
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROV AL
~""'"
PROJECT:
FLASHING BEACONS ON l YNWOOD DRIVE AT DEL VALLEJO MIDDLE SCHOOL
SAN BERNARDINO COUNTY CONTRACT #
'-
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino. San Bernardino
Unified School District, and County of San Bernardino for the above project and the following shall apply:
DATE OF CITY OF SAN BERNARDINO ACTION: _1_1_
o APPROVED for Implementation with 100% Participation by City of San Bernardino
o APPROVED Subject to Comments/Revisions Accompanying This Document
o APPROVED Wilh Limited Funding Participation by City of San Bernardino
o _ % of Actual Cost to be Funded by City of San Bernardino
o City of San Bernardino Participation Not to Exceed $
o DISAPPROVED -Not Acceotable Citv of San Bernardino
DATE OF SAN BERNARDINO UNIFIED SCHOOL DISTRCT ACTION: _/~_
o APPROVED for Implementation with 100% Participation by San Bernardino Unified School District
o APPROVED Subject to Comments/Revisions Accompanying This Document
o APPROVED With limited Funding Participation by San Bernardino Unified School District
o _0/0 of Actual Cost to be Funded by San Bernardino Unified Scihool District
o San Bernardino Unified School District Participation Not to Exceed $
o DISAPPROVED -Not Acceotable to San Bernardino Unified School District
['
0F COUNTY OF SAN BERNARDINO ACTION: _/~_
'Ie_.>
o APPROVED Subject to Comments/Revisions Accompanying This Document
o DISAPPROVED -Not Acc"olable 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 partictpatJon beyond that
prescribed in the eXisting COUNTY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, and SAN BERNARDINO UNIFIED SCHOOL DISTRICT
agreements without separate amendment to said agreements. Net increases in costs deriving from this and previously approved Contract ChafJge
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:
SAN BERNARDINO UNIFIED SCHOOL DISTRICT SIGNATURE:
SAN BERNARDINO UNIFIED SCHOOL DISTRICT TITLE:
Jlstnbutlon:
Signed Original Returned to City of San Bernardino Resident Engineer (FAX # 9Og..370.5154), San Bernardino Unified School District Representative (FAX # 90g..
885-6392). and County of San Bernardino Resident Engineer (FAX # 909-387-7927)
Signed Original for CITY OF SAN BERNARDINO, SAN BERNARDINO UNIFIED SCHOOL DISTRICT, and COUNTY OF SAN BERNARDINO Files
<.........
EXHIBIT "Au
ESTIMATE OF PROJECT COSTS
,-
FOR CITY OF SAN BERNARDINO/SAN BERNARDINO UNIFIED SCHOOL DISTRICT/COUNTY OF
- SAN BERNARDINO
FOR FLASHING BEACONS AT CROSSWALK ON L YNWOOD DRIVE
I I
DESCRIPTION LIMITS TOTAL COUNTY OF %OF SAN % OF PROJECT CITY OF SAN I %OF
COST OF SAN PROJECT BERNARDINO SAN BERNARDINO PROJECT
PROJECT BERNARDINO COUNTY UNIFIED BERNARDINO SHARE SAN
SHARE SCHOOL UNIFIED BERNARDIN
I DISTRICT SCHOOL 0
, SHARE DISTRICT
DESIGN & Lynwood
INSTALL Drive at $30,000 $10,000 33.4% $10,000 33.3% $10,000 I 33.3%
BEACONS Del Vallejo
MS .
, I I I
,
TOTAL $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3%
!
PROJECT costs may be increased or decreased. depending upon the amount of the construction contract, project change
orders and other final costs.
_.
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.-
:IT.
.
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
"-
PROJECT"
FLASHING BEACONS ON L YNWOOD DRIVE AT DEL VALLEJO MIDDLE SCHOOL
SAN BERNARDINO COUNTY CONTRACT #
File"
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino. San Bernardino
Unified School District. and County of San Bernardino for the above project and the follOWing shall apply
DATE OF CITY OF SAN BERNARDINO ACTION _1__
D 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_% of Actual Cost to be Funded by City of San Bernardino
o City of San Bernardino Participation Not to Exceed $
o DISAPPROVED -Not Acceotable City of San Bernardino
DATE OF SAN BERNARDINO UNIFIED SCHOOL DISTRCT ACTION _1_1_
o APPROVED for Implementation with 100% Participation by San Bernardino Unified School District
D APPROVED Subject to Comments/Revisions Accompanying This Document
o APPROVED With limited Funding Participation by San Bernardino Unified School District
o _ % of Actual Cost to be Funded by San Bernardino Unified School District
o San Bernardino Unified School District Participation Not to Exceed $
o DISAPPROVED -Not Acceotable to San Bernardino Unified School District
r>"~" OF COUNTY OF SAN BERNARDINO ACTION _1_1_
14.<.0.., 0 APPROVED Subject to Comments/Revisions Accompanying This Document
o DISAPPROVED -Not Acceolable 10 COUt:/TY 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, CITY OF SAN BERNARDINO, and SAN BERNARDINO UNIFIED SCHODL DISTRICT
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
SAN BERNARDINO UNIFIED SCHOOL DISTRICT SIGNATURE
SAN BERNARDINO UNIFIED SCHOOL DISTRICT TITLE
Distiibution:
Signed Original Returned to City of San Bernardino Resident Engineer (FAX # 909-370-5154), San Bernardino Unified School District Representative (FAX # 909-
885-6392), and County of San Bernardino Resident Engineer (FAX. # 909-387-7927)
Signed Original for CITY OF SAN BERNARDINO, SAN BERNARDINO UNIFIED SCHOOL DISTRICT, and COUNTY OF SAN BERNARDINO Files
-
-,,,
FAS
X New Vendor Code Dept. Contract Number
- Change SC TRA A
Cancel
County Department Dept. Orgo. Contractor 5 license No.
Public Works - TransDortation
County Department Contract Representative T eJephone Total Contract Amount
BRENDON BIGGS 387-8166 LEAD AGENCY - NO ENCUMBRANCE
Contract Type
D Reve~ue o Encumbered [Xl Unencumbered 0 Other
If not encumbered or revenue contract type. provide reason: Lead aaencv - no encumbrance
Commodity Code I Contract Start Date Contract End Date Original Amount I This Amendment
Fund Dept. Organization Appr Obj/Rev Source GRC/PROJ/JOB No Orig. Amount
SM TRA TRA 200 2445 17H14108
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
L YNWOOD DR. @ DEL FY Amount lID FY Amount 110
VALLEJO MS BEACON
- -
Contract Type - Special - -
(Risk Management Approved)
FOR COL'/VTr USE ONL r
,-
-
COUNTY OF SAN BERNARDINO
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the County, and
. Name
and Name
Address
Address
CITY OF SAN BERNARDINO
300 NORTH D STREET
SAN BERNARDINO, CA 92418
Telephone FederallD No. or Social Security No
SAN BERNARDINO UNIFIED SCHOOL DISTRICT
777 N "F" STREET
- SAN BERNARDINO. CA 92410
Telephone Federal 10 No or Social Security No.
(909) 381-1100
(909) 384-5211
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 perlormance or completion,
determination 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), the
SAN BERNARDINO UNIFIED SCHOOL DISTRICT (hereinafter referred to as DISTRICT), and the
CITY OF SAN BERNARDINO (hereinafter referred to as SAN BERNARDINO) desire to cooperate
and jointly participate in the design. construction and construction management for the installation of
a flashing beacon at the Lynwood Drive pedestrian crossing at Del Vallejo Middle School (hereinafter
referred to as PROJECT); and
WHEREAS, the PROJECT is partially (50%) within the unincorporated area of the COUNTY
and partially (50%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit
to the COUNTY, SAN BERNARDINO, and DISTRICT; and
WHEREAS. the DISTRICT has agreed to pay a percentage of PROJECT costs as it will
,- benefit from completion of the PROJECT; and
~udito' / Controller - Recorder Use Onl
D Contract Database D FAS
Input Date
Keyed By
Page 1 of 7
,,,,,,,,,
WHEREAS, it is anticipated that the funding for the PROJECT will be from COUNTY road
funds, SAN BERNARDINO local funds, and DISTRICT local funds; and
_ WHEREAS, the total PROJECT cost is estimated to be $30,000, COUNTY's share of
PROJECT cost is estimated at $10,000 (33.4%), DISTRICT's share of PROJECT cost is estimated at
$10,000 (33,3%), and SAN BERNARDINO's share of PROJECT cost is estimated at $10,000
(33,3%), as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by
reference; and
10
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WHEREAS, COUNTY, SAN BERNARDINO and DISTRICT 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:
COUNTY AGREES TO
1,1 Act as the Lead Agency in the obtaining of environmental clearances, design, construction,
and construction engineering of the PROJECT,
1,2 Provide plans and specifications and all necessary construction engineering for the PROJECT
for prior review and approval by SAN BERNARDINO and DISTRICT,
1,3 Construct the PROJEGT by contract in accordance with the plans and specifications of
COUNTY, which have been reviewed and approved by SAN BERNARDINO and DISTRICT
and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence
of SAN BERNARDINO and DISTRICT,
1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain a no-cost permit from SAN BERNARDINO and temporary right-of-entry from
DISTRICT for work within the respective right-of-way of each.
1,6 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 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 SAN BERNARDINO, DISTRICT 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, SAN BERNARDINO,
DISTRICT, and their officers, employees, agents, volunteers, contractors and subcontractors.
Policies Primarv and Non-Contributorv - All policies required above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by the
COUNTY, SAN BERNARDINO, and DISTRICT.
1.8 Provide adequate inspection of all items of work performed under the construction contract(s)
with COUNTY's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO and DISTRICT.
COUNTY shall provide copies of any records of inspection and materials testing to SAN
BERNARDINO or DISTRICT within ten (10) days of COUNTY's receipt of written demand
from SAN BERNARDINO or DISTRICT for such records.
1.9 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.
2 of?
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COUNTY's proportionate share of PROJECT costs is estimated at $10,000 (33.4% of
PROJECT). COUNTY shall be responsible for the sum of $10,000, plus its proportionate
share of any PROJECT cost increases pursuant to Section 4.6 below and pay such costs from
COUNTY road funds.
1.10 Submit to SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by
COUNTY to date and which have not already been paid by COUNTY, SAN BERNARDINO or
DISTRICT. If SAN BERNARDINO's proportionate share exceeds the sum of $10,000 paid up-
front by SAN BERNARDINO, the itemized accounting shall include a statement for SAN
BERNARDINO's proportionate share of the PROJECT costs exceeding this amount, as
provided herein Costs shall be amended following acceptance of the final construction cost
accounting by COUNTY, SAN BERNARDINO, and DISTRICT.
1.11 Submit to DISTRICT an itemized accounting of actual PROJECT costs incurred by COUNTY
to date and which have not already been paid either by COUNTY, SAN BERNARDINO or
DISTRICT, and a state,ment for DISTRICT's proportionate share of the PROJECT costs as
provided herein. Costs shall be amended following acceptance of the final construction cost
accounting by COUNTY, SAN BERNARDINO, AND DISTRICT.
112 Although not anticipated, if right-of-way is needed, the COUNTY shall order title reports on
such parcels. All costs associated with right-of-way acquisition shall be reimbursed by the
responsible party dependent upon jurisdiction. For example, if a parcel to be acquired is
located completely within the COUNTY (or SAN BERNARDINO), the COUNTY (or SAN
BERNARDINO) shall pay all costs of right-of-way acquisition. If a parcel is located 75% in the
COUNTY and 25% in SAN BERNARDINO, the COUNTY would pay 75% and SAN
BERNARDINO would pay 25% of the costs of right-of-way acquisition.
1.13 Provide services to acquire the right-of-way if needed for the PROJECT, to include contacting
owner or occupant, entering properties, appraising right-of-way parcels, inspecting and
negotiating takes and easements including improvements.
1.14 Include completion of any applicable NEPA and CEQA requirements.
1.15 After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and
DISTRICT, the COUNTY shall act as the Lead Agency in performing or causing the
performance of maintenance activities for the PROJECT. Maintenance responsibilities shall
include preventative maintenance and emergency maintenance. The COUNTY shall be
responsible for 50% of the maintenance costs associated with the PROJECT. The remaining
50% of the maintenance cost shall be the responsibility of SAN BERNARDINO.
SAN BERNARDINO 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. SAN
BERNARDINO's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of
PROJECT). SAN BERNARDINO will pay the sum of $10,000 to the COUNTY after bid
opening and prior to award of contract to the successful bidder.
22 Pay to COUNTY, on a reimbursement basis, its share of PROJECT costs in excess of the
sum of $10,000 paid up-front by SAN BERNARDINO. This includes SAN BERNARDINO's
portion of any PROJECT cost increases pursuant to Section 4.6 below. Such payment shall
be made within thirty (30) days after receipt of an itemized statement as set forth in Section
1.10 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date
and which have not already been paid by COUNTY, SAN BERNARDINO, or DISTRICT,
together with adequate documentation of said expenditures.
2.3 Pay for its proportionate share of those right-of-way costs for properties that are located within
SAN BERNARDINO's jurisdiction. For example, if a parcel to be acquired is located completely
within SAN BERNARDINO (or COUNTY), SAN BERNARDINO (or COUNTY) shall pay all costs of
right-of-way acquisition. If a parcel is located 25% in SAN BERNARDINO and 75% in the
COUNTY, SAN BERNARDINO would pay 25% and COUNTY would pay 75% of the costs of right-
of-way acquisitio~.
2.4 Provide a no-cost permit to the COUNTY for its work in SAN BERNARDINO's right-of-way.
2.5 Although right-of-way acquisition is not anticipated, should COUNTY be unable to acquire the
necessary right-of-way located within the limits of SAN BERNARDINO, then SAN
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40
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2.6
BERNARDINO, 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 1245.235 for the purpose of
considering the adoption of a resolution of necessity. If SAN BERNARDINO 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
SAN BERNARDINO_in ,any way to use the power of Eminent Domain to acquire any rights-of-
way within SAN 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 accordance with the California Code of Civil Procedure. SAN
BERNARDINO 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 within
SAN BERNARDINO 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 SAN BERNARDINO
and SAN BERNARDINO is unable or unwilling to use Eminent Domain to acquire right-of-way,
this Agreement shall 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.
After acceptance of the construction contract work by COUNTY, SAN BERNARDINO, and
DISTRICT, SAN BERNARDINO shall be responsible for 50% of the maintenance costs
associated with the PROJECT as its fair share. Maintenance responsibilities shall include
preventative maintenance and emergency maintenance.
DISTRICT AGREES TO:
3.1 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.
DISTRICT's proportionate share of PROJECT costs is estimated at $10,000 (33.3% of
PROJECT).
3.2 Pay to COUNTY, on a'reimbursement basis, its proportionate share of any PROJECT cost
increases pursuant to Section 4.6 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,
SAN BERNARDINO or DISTRICT, together with adequate documentation of said
expenditures.
33 Provide a temporary right of entry to the COUNTY for its work in DISTRICT's property.
IT IS MUTUALLY AGREED:
4.1 COUNTY agrees to indemnify and hold harmless SAN BERNARDINO and DISTRICT, their
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.
4.2 SAN BERNARDINO agrees to indemnify and hold harmless the COUNTY and DISTRICT,
their 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 SAN BERNARDINO, its
officers, employees, agents or volunteers in connection with SAN BERNARDINO's
performance of its obligations under this Agreement.
4.3 DISTRICT agrees to indemnify and hold harmless the COUNTY and SAN BERNARDINO,
their 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 DISTRICT its officers,
employees, agents or volunteers in connection with DISTRICT's performance of its obligations
under this Agreement.
4.4 In the event the COUNTY and/or SAN BERNARDINO and/or DISTRICT 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 SAN BERNARDINO and/or DISTRICT
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shall indemnify the other parties to the extent of its comparative fault. Furthermore. if the
COUNTY, SAN BERNARDINO or DISTRICT attempts to seek recovery from the other parties
for Workers' Compensation benefits paid to an employee, the COUNTY, SAN BERNARDINO
and DISTRICT agree that any alleged negligence of the employee shall not be construed
against the employer of that employee.
4.5 COUNTY, SAN BERNARDINO and DISTRICT are self-insured public entities for purposes of
Professional Liability, Automobile Liability, General Liability, and Workers' Compensation.
COUNTY, SAN BERNARDINO and DISTRICT warrant that through their programs of self-
insurance, they have adequate Professional Liability, Automobile Liability, General Liability,
and Workers' Compensation to provide coverage for liabilities arising out of COUNTY's, SAN
BERNARDINO's, and DISTRICT's performance of this Agreement.
4.6 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 4.8 below) over the estimated total PROJECT costs of
$30.000 (which is the sum of $10,000 from COUNTY, $10,000 from SAN BERNARDINO, and
$10,000 from DISTRICT) 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.
4.7 COUNTY shall notify SAN BERNARDINO and DISTRICT of the bids received and the
amounts thereof. Within ten (10) days thereafter, COUNTY, SAN BERNARDINO, and
DISTRICT shall determine the cost of the PROJECT. In the event that any party intends to
cancel this Agreement based upon the bids or amount thereof, said party shall notify the other
parties 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.
4.8 Additional work/costs arising from unforeseen site conditions, including Utility relocation, will
be paid by COUNTY, SAN BERNARDINO, or DISTRICT in proportion to where the work
actually lies. If COUNTY, SAN BERNARDINO, or DISTRICT requests 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. .
4.9 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 25% or less of the estimated PROJECT costs will occur,
COUNTY may award the contract and notwithstanding any provision herein to the contrary the
COUNTY, SAN BERNARDINO, and DISTRICT shall pay for the cost of construction as
provided by this Agreement.
4.10 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,
COUNTY shall not award any contracts for the PROJECT. Rather COUNTY, SAN
BERNARDINO, and DISTRICT 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.
4.11 In the event that change orders are required during the course of the PROJECT, said change
orders must be in the form and substance as set forth in attached Exhibit "B" of this
Agreement and approved by COUNTY, SAN BERNARDINO and DISTRICT. Contract Change
Order forms will be delivered by fax and must be returned within two (2) working days.
4.12 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided
however, that no party may cancel this Agreement after COUNTY 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.
4.13 Except with respect to the parties' operation, maintenance and indemnification obligations
contained herein, this Agreement shall terminate upon completion of the PROJECT and
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4.14
-
4.15
4.16
4.17
4.18
4.19
4.20
payment of final billing by SAN BERNARDINO and DISTRICT for their shares of the
PROJECT.
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 all parties.
This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between COUNTY, SAN BERNARDINO and DISTRICT 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.
Time is of the essence for each and every provision of this Agreement.
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.
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 otherwise.
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.
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
all parties.
,c_
-
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands.
CITY OF SAN BERNARDINO
"'--"~int or type name of corporation, company, contractor. ere.)
SAN BERNARDINO UNIFIED SCHOOL DISTRICT
(Print or type name of corporatfon, company, contractor, ete.)
-
It\'
By ~
(Authorized signature. sign in blue Ink)
(Authorized signature - SIgn in blue it-,k)
Name
Name
(Print Dr type name of person sigmng contract)
(Pnnt or type name of person Slgnmg contract)
Title
Title
(Print or Type)
(Print or Type)
Dated:
Dated
Address 300 NORTH D STREET
SAN BERNARDINO, CA 92418
Address
777 N "F" ST
SAN BERNARDINO. CA 92410
COUNTY OF SAN BERNARDINO
~
Bill Postmus, Chairman, Board of Supervisors
Dated
3NED AND CERTIFIED THAT A COPY OF THIS
-:JCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
of the County of San Bernardino.
By
Deputy
Approved as to Legal Form
Reviewed by Contract Compliance
Presented to 80S for Signature
~
County Counsel
~
~
Department Head
Date
Date
Date
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EXHIBIT "An
ESTIMATE OF PROJECT COSTS
.- FOR CITY OF SAN BERNARDINO/SAN BERNARDINO UNIFIED SCHOOL DISTRICT/COUNTY OF
'- SAN BERNARDINO
FOR FLASHING BEACONS AT CROSSWALK ON L YNWOOD DRIVE
DESCRIPTION LIMITS TOTAL COUNTY OF %OF SAN % OF PROJECT CITY OF SAN I %OF
COST OF SAN PROJECT BERNARDINO SAN BERNARDINO PROJECT
PROJECT BERNARDINO COUNTY UNIFIED BERNARDINO SHARE SAN
SHARE SCHOOL UNIFIED BERNARDIN
DISTRICT SCHOOL 0
SHARE DISTRICT
I DESIGN & L ynwood
INSTALL Drive at $30,000 $10,000 33.4% $10,000 33.3% $10,000 33.3%
i BEACONS Del Vallejo
! MS
! I I
! TOTAL $30,000 . $10,000 33.4% $10,000 33.3% $10,000 33.3%
, I I
,
PROJECT costs may be increased or decreased, depending upon the amount of the construction contract, project change
orders and other final costs.
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EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
--
PROJECT
FLASHING BEACONS ON L YNWOOD DRIVE AT DEL VALLEJO MIDDLE SCHOOL
SAN BERNARDINO COUNTY CONTRACT #
File.
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino, San Bernardino
Umfied Schoof District. and County of San Bernardino for the above project and the followmg 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 Fundmg Participation by City of San Bernardino
0_% of Actual Cost to be Funded by City of San Bernardino
o City of San Bernardino Participation Not to Exceed $
o DISAPPROVED .Not Acceotable Citv of San Bernardino
DATE OF SAN BERNARDINO UNIFIED SCHOOL DISTRCT ACTION _1_1_
o APPROVED for Implementation with 100% Participation by San Bernardino Unified School District
D APPROVED Subject to Comments/Revisions Accompanying This Document
D APPROVED With Limited Funding Participation by San Bernardino Unified School District
D _% of Actual Cost to be Funded by San Bernardino Unified School District
o San Bernardino Unified School pistrict Participation Not to Exceed $
D DISAPPROVED -Not Acceotable to San Bernardino Unified School District
0,.0.= OF COUNTY OF SAN BERNARDINO ACTION' -----.! _1_
"_ D APPROVED Subject to Comments/Revisions Accompanying This Document
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, CITY OF SAN BERNARDINO, and SAN BERNARDINO UNIFIED SCHOOL DISTRICT
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? DYES D NO
CITY OF SAN BERNARDINO SIGNATURE' COUNTY OF SAN BERNARDINO SIGNATURE:
CITY OF SAN BERNARDINO TITLE. COUNTY OF SAN BERNARDINO TITLE:
SAN BERNARDINO UNIFIED SCHOOL DISTRICT SIGNATURE
SAN BERNARDINO UNIFIED SCHOOL DISTRICT TITLE:
Distribution'
Signed Original Returned to City of San Bernardino Resident Engineer (FAX # 909-370-5154), San BernardIno Unified School District Representative (FAX # 909-
885-6392). and County of San Bernardino Resident Engineer (FAX # 909-387-7927)
Signed Original for CITY OF SAN BERNARDINO. SAN BERNARDINO UNIFIED SCHOOL DISTRICT, and COUNTY OF SAN BERNARDINO Files
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