HomeMy WebLinkAboutContracts & Agreements_22-2019 Contrac Numb
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SAN liERI�TARDINU —
' C�Ulv T 1 SAP Number
Public Works � Transpor�ation
Department Contract Representative Sundaramoorthy (Sri) Srirajan, P.E.
Chief
Telephone Number 909 387-8166
Contractor _City of Redlands - 54000456
Contractor Representative Savat Khamphou
Telephone Number 909 435-7431
Contract Term 112912�1 9 — 112912021
Original Contract Amount $25,000
Amendment Amount $0
Total Contract Amount $25,000
Cost Center 650002000 / �4H14860
IT IS HEREBYAGREEDAS FOLLOWS:
WHEREAS, the County of San Bernardir�o (COUNTY) has a project to rehabilitate and reconstruct the
pavem ent on 1} Crafton A�enue, fram 5th Street to Anzio Avenue; 2) Nice A�enue, from 0.03 mile east of Jasper
A�enue to Amethyst Street; 3) T�urmaline A�enue, frorn southern end to Capri Avenue; and 4) Beryl Avenue,
from Colton Avenue to 15Q feet north of Nice Avenue (hereinafter collectively referred to as PROJECT}lacated
in the Mentone area; and
WH�REAS, th� PROJECT scope consists of removing the existing asphalt concrete, cold-plani�g,
construc#i�g cementtreated base, placing asphalt concrete,fog seal coat, upgrading curb rampsto cor-nplywith
the Americans with Disabiliti�s Act (ADA} guidelines, constructing concrete dike and drainage ditch, and
widening a small segmentof Nice A�enue; and
W H�REAS, necessitated by the construction of the proposed PROJECT, se�eral existing sewer
manholes in the subject roads will require adjustment to the new le�el of the pa�ement during PROJECT
constructian; and
WHER�AS, the City of Redlands {CIT� awns twenty-five (25) of the sewer manholes {hereinaft�r
referred to as "manholes") located within the PROJECT area that require h�ight adjustment to the level of the
pavement resultin�from the PROJECT;and
W HEREAS, tf�e tatal cost to adjust the CITY's manholes is estimated to be $25,000; and
WHEREAS, CCfY wili pay 1D0% of th�actual costfor adjusting the manholes; and
Standard Contract Crafton Ave& Others H14860 Page 1 of 7
, �
WHEREAS, completing the necessary�aad improv�ments and adjustments fo the CIT1''s manholes at
t�e sarr�e tim� and by the same contractor w911 profect the COLINTY raad impravements and minimize public
disruption; and
WHEREAS, COUNTY wishes fo ent�r intc� this cooperative agreement with the CITY for the purpose of
including the adjustments to th�CITY's marthofes as part of the PR�JECT's construetion contract; and
WHEREAS, COUNTY and CITY (COUNTY and CITY are sometimes each referred to as "Party" and
collectively as "Parties") desire to set #orth responsibili�ies and abligations af eaeh as they pertain to such
participation and ta the design, construction and funding af tE�e proposed adjusfinents to the CITY's manholes.
NOW,THEREFORE, ff 15 MUTUALLY AGRE�� as fQllows:
1.p COUNTY AGREES TO:
1.1 Act as the Lead Agency in the design, Califomia Environmental Quality Act (CEQA)
compliance (Public Resources Code section 21000 et seq.) and construction of the
PRO.IECT, and act as the Lead Agency in the adjustment of the CITY's manhol�s, as
Iisted in Exhibit A of this Agreement. Exhibit A is attached to fhis Agreement and
incorporated herein by this reference.
�.2 Canstruc#the PROJECT and adjust the CITY's manholes in accordance with the plans
and s�ecifications of COUNTY and the CITY concrete collar standard detail included
within Exhibit B, attached hereto and incorporated herein by this reference.
�.3 Advertise, award and administer the canstruction of the PR�JECT, including the
adjustments to the C1TY's manhales, in accordance with the provisions of the Califarnia
Public Contrac#Code applicable to the C�UNTY.
1.4 COUNTY shall notify CITY of the bids rec�ived and the amour�ts thereof witl�in seven (7)
ca[endar days of recei�ing said bids.
1.5 Require the COUNTY's prime canstruction contractorfor the PROJECTto: (1) ind�mnify,
defend and hnld harmless CITY as pravided in the "lndemnity" paragraph immediately
below; (2) have all insuranc� palicies, except far #he Workers'Compensation, �rrors and
�missior�s and Professional Liability palicies, cantain endorsements naming the City of
Redlands and afl oftheir ofFicers,empfoyees,agents and volunteers as additional insureds
with respect to liabilities arising aut of the performance of s�rvices under the construction
contract, with co�erage for such addifinnaf ins€�reds being primary, and non-contributing
to any insuranc� or self-ins�rar�ce maintained by the additional insureds; and (3}
guarantee the wflrk assaciated wi�h the adjustment of�he CITY's manholes as provided
in Section 5-1.47 of the California �epartmenf of Transportation Standard Specifcafiions,
dated 2015.
Indemnity
Contractor agrees to indem nify, defend (with caunsel reasonably approved
by the City of Redlands} and hold harmless #he City of Redlands and its
elected officals, officers, emplayaes, agents and volunteers {co[lectively
"Indemnitees"} from any and all claims, actions, [oss�s, damages, arrdlor
liabi[ity arising �ut of this contract from any cause whatsoever, including
#he acts, errors or omiss[ons af any person and for any costs or expenses
incurred by the Indemnitees on account of any cfaim excepf where such
indemnification is prohibited by law. This indemnification provision shall
apply regardless of the existence or degree of fault of the[ndemnitees. The
Contractor's indemnification abligation applies to the Indemnitees'
"passive" negligence but dnes not appfy to the Indemnitees' "sole" or
"acti�e" n�g[igence or "willful misconduct"within the meaning of Civil Code
section 2782.
Revised 1213118 Crafton A� & Others H�4860 Page 2 of 7
1.6 Pay 100 percent of costs associated with the PROJECT, exc�uding costs associated with
t�e adjustments to CiTY's manr�oles as described in 5ectiorr 2, �elow.
1.7 Ha�e zera (0)percent f nancia! obfigations for the adjustments ta the CITY's manholes as
described in Section 2, be{ow.
�.8 Require COUNTY's contractor to use CITY concrete collar standard detail, included within
Exhibit B, for the adjustments to the C1TY's manhales.
1.9 Representative from COUNTY's Department af Public Works Contracts Di�ision shall
pro�ide CITY's representatives, listed below, at least twenty-four (24) hours' no#ice prior
to any scheduled work on manholes irr order for CITY to inspect the work in accordance
wi#h paragraph 2.5, below. COUNTY's notice to CITY's representatives shall be made by
electronic mail to:
Sa�at Khamphou �mail: skhamphou@cityofredlands.orq
Jason Nbntgomery Email: 'mant ame cit ofredlands.or
Michaef Pool Email: rr�pool@cityofredlands.org
1.10 Upon PROJECT carr�pletion and after reconciliation of PRQJECT costs, submit to the
CITY an itemized accounting of acfual cos#s far the adjustments to#he CiTY's manholes
incurred by the COUNTY and an invaice.
1.11 Investigate and follow-up with COUNTY's prime construction contractor of any notices
provided by CITY pursuant to paragrap� 2.9, beiow.
2.0 CITY AGREES TO:
2.1 Regardless of the estimated cost identified in paragraph 2.2 and Exi�ibit A, belaw, CITY
shali pay actual costs incurred by COUNTY associated wi#h th� adjus#ments to CITY's
manhol�s. CffY shall therefare pay these costs e�en if they are higher than the estimated
cost.
2.2 CITY's current estimated cost for the adjustments to the manholes is $2�,000.
2.3 Reimburse #he COUNTY within sixty (60) days after CfTY rec�i�es an in�oice(s) from
COUNTY.
2.�4 Continue to be �iable and responsible for the CITY's manholes, including maintenance,
during and after the construction of the PRQJECT and adjuskments to the manhofes.
2.5 Provide a qualified CITY representati�e to inspect t�e adjustments to CITY's manf�oles.
ff twenfy-four (24} hours advance r�atifiicatian is pravided, as stated within Paragraph �.9
above, and CITY do�s not pro�ide appropriate staff to complete inspection of work within
two(2)working days of notification, the PROJECT may proceed without CITY inspection
present to a�oid delays in construct�an.
2.6 In the e�ent CITY performs the inspection andlor materials testing requested by COUNTY
within the time described in Paragraph 2.5, CITY will accept the work as complete unless
a deficiency is noted.
2.7 In the event �nanhole adjustments are not made per CITY concrete collar standard
detailed induded within Exhibit B, CITY shall contact COUNTY representative within two
(2)working days, as stated in Paragraph 2.5, of work being complete to discuss resolution
and work shall be corrected by COUNTY at no cost ta CITY.
2.8 In the event CiTY fails to notify CQUNTY within two {2} working days, as stated in
Paragraph 2.5, of completion af manhale adjustment and deficiencies a�e noted, ClTY
shall be responsible for any repairs or corrections to manhole adjustments at no cflst to
the COUNTY.
2.9 Inform COUNTY's Director of the Department of Public Worfcs, in writing, p�ior to or within
one year of COUNTY's acceptance of the prime construction contractor's adjustrnent of
CITY manholes af any substant�al defects in this wor�.
3.0 ET IS MUTUALLY AGREED:
3.1 CITY agrees to indemnify and hold i�armless the COUNTY and its officers, employees,
agents and volunteers from any and all claims, actions, iosses, dama�es andlor liability
Revised 1213I18 Crafton Av� & Qthers H14860 Page3 af 7
resufting from CITY's negligent acts or omissions which arise from CITY's performance of
i�s obligafions under this Agreerrtent.
3.2 COUNTY agrees to indemnify and hold harml�ss the CITY and its afficers, employees,
agents and vo[unteers from any and all claims, actians, losses,damages andlor liabifify
resulting firam COUNTY's negligent acts or omissions which arise from the COUNTI''s
perFormance of its obligations under this Agreement.
3.3 In the event the COUNTY andlor C[TY is faund ta be eomparatively at fa�1t for any claim,
action, lost or damage which results from their respective abligations und�r the
Agreement, the C�UNTY andlor CRY shal] indemnify the ather to the exten# of ifis
comparative fault.
3.4 In the event af litiga#ion arising from this Agreement, each Party tfl the agreement shall
bear its own costs, including attorney(s)fees. This paragraph does not apply to costs or
attorney(s)fees relative to Paragraph 3.1, 3,2 ar�d 3.3 indemnification.
3.5 CfTY and COUNTY are aufhorized self-insured pubfic entities for purposes of Professional
Liability, Automobile Liabili�y, General Liabi[ity, and W�rkers'Compensation and warrant
tha� thraugh #heir programs of s�lf-insurance,they have adequate coverage or resources
to protect against liabilit[es arising out of the perFormance of the terms, conditions or
abligations of this Agre�ment.
3.6 This Agreement may be terminated by e[ther party, with ar without cause, upon thirty (30)
days advance written notice to the other par�y, provided, however, thaf nei�her party may
terminate this Agreement after COUNTY has awarded a contract to construc� the
PROJECT and the CITY was notifed of�id results pursuant fo Paragraph �.4.
3.7 This Agreement shall terminate upon payment of final billing by the CITY for costs related
to the adjustmen#s to the CITY's manholes, or January 29, 202T (whichever occurs first).
3.8 This Agreement contains the entire agreerr�ent ofthe Parties with respectto subjecf matter
hereof, and supersedes alf priar negotia#ions, urrdarstandings, or agreements. No
supplement, modification, or amendment of the Agreement shaEl be binding unless
executed in writing and signed by bofh Parti�s.
3.9 This Agreernent shalE be governed by tf�e laws af fhe State of California. Ar�y action or
proceeding between CITY and CDUNTY concerning the interpretatian or enforcement of
this Agreement, or which arises out of ar is in any way connected with this Agreement or
the PROJECT, shall be instituted and tried in the apprapria�e s�at� court in the County of
San Bernardina, California.
3.10 Time is of the essencefor each and every provision of this Agreement.
3.11 Since the Parties or their agents have par�icipated fully in the preparation af tF�is
Agreement, the language of this Agreement sha[I be construed simply,according to its fair
meaning, and not strictly far or against any Party. Unl�ss otherwise provided, any term
referencing time, days, ar period for performance shall be deemed wark days. The
captions of the�arious articles and paragraphs are for canvenience and ease or reference
only, and do not define, Iimit, augmenf, or descri�e the scope, content, or in�ent of this
Agreem�nt.
3.12 No waiver of any de�ault shall constitute a waiver ofi any other d�fault or breach, wF�ether
of the same or oth�r covenant ar condition. No wai�er, benefi�, privilege, or service
voluntarily given or performed by a par�y shall give the other Party any eontractual rights
by custom, estoppel, or otherwise.
3.13 I� a court of comp�tentjurisdiction declares any portion of this Agreement inval[d, illegal,
or otherwise unenforceable, the remaining provisions shall continue in full force and effect,
unless the purpose of this Agr��mer�t is frustrated.
3.14 This Agreement may be signed in counterparts, each of which shall constitute an original.
3.15 Nothing contained in t�is Agreement shall be cons�rued as a relinquishment of any rights
now held by tF�e CITY or COUNTY.
3.16 Tf�is Agre�ment will be effeeti�e on the date it is signed by both Parties.
3.17 The recitals of this Agreement are incorporat�d �erein by reference.
Re�is�d 1213118 Crafton Av� & Others H94860 Page4 of 7
COIJNTY OF 5AN SERNARpIiVO CITY OF REDLANbS
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Curt Hagman, Chairman, Bo of Supen�isors (Autharized signature - sign in blue ink)
Dated: � � � ��4� Name Paul W. Foster, Mayor
SIGN�D AND CERT[FIED THAT A COPY OF THIS (Printortypenameofpersonsigningcontract)
DOCUMENT NAS BEE�!�p TO THE
CHAIRMAN OF TH �7� R}�;�r,�.. f��'�, pate: 2 � I
.P.��ura`��.'I�W �!t�'._i;,`t-.
: �;`'�'i�k,1?f;.tl3�'-��d'€��e�visors
�"tfi:�.oaru fS�a���e d� ATTES7:
oY � ! � { tia.- ':1F�:�S: ,� �
I� ,`. y
�';;���ji'�` ' �? ne Donaldson, City Cler�C
"� :�� ,�� 5 Cajon Street, 5uite 200
8t,, ;�`�r �,y� Address (P.O. Box 9005)
�ti`i�Dr���p�' Redlands, CA 92373
FOR COUNTY USE ONLY
Approv d as to Leg I Farm Review ed r Contr t Compliance - Review ed! proved by Depa ment
� � ► � �/4.�-
5co[t M. Runyan, Deputy Caunty Counsel N1oha ad Aii, P.E, Chief Kevi lakesl e, Di ecfor
Date ` � Date � * �r b Date � �
Re�ised T 213118 Crafton A� & Others H14860 Page 5 of 7
a
EXI��BIT �►
COUNTY OF SAN BERNARDfNO1CITY OF REDLANDS
FUR SEWER MANHOLE ADJUSTMENT
1N THE MENTONE AREA
Rvad Name 1 Limits CITY Sewer Manhole Counf
Crafton A��nue:
e betwe�n Highland Ave and Citrus Ave 4
• at Coltan Ave 1
Nice Avenue:
• �etween 160' East of JasperAve and 4
�liv�ne Ave
� between Oli�ine Ave and Agate Ave 3
• befwe�n Crafton Ave and Sapphire A�e $
Beryl Avenue:
s between Calfan Ave and Nice Ave 5
Total Ci Sewer Manho[es 25
TotaE Esfiimated Ci Cos� $25,�p0
R�vis�d 1213118 Crafton A� & Others H14860 Page 6 of 7
,. � . �
EX�i�BIT B
CITY OF RED�.ANDS CONCRETE COLLAR STANDARD DETAIL
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Pl�.N VIEW
AC PAVEhiENT MANHt3LE RING&CfSVER
{�-12"�VAR[E �']2" [
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CUT L3�JE � CUi LINE 78"�r9gF��A€?J1J8�hAERT�
RE�JGS
CQ�VCF2�E CC]fiJCF[�E
COiLRR CQ�LAR
ELE11AT101� VIEW
rao��:
1_ SAW CIRCU�AR AROl1N�l I�ANHOLE 12"FROM MAPdHOLE FRAk�1E.
2. MANHCI9..E SHAIL BE hAAF2K�i3�RIdR TO CUT THE FAVEM�11'.
3. Ftk1S�t�,4NHOLE FRAME Ahtp CO}!ER�Q FI�dISH GRA�E SY'
Ih75TALLIFIG CO�JCRETE RINGS A1�HD LEVEL9NG kA0R3AR
4. BAGKF[Y..l.4�4f7H PCC C�NCR�E 1'O FItdESH GRADE_
5_ CC3NCRETE TYPE�HALL BE 580-C-32�(1.
B. PROTECT FR4�1�AFF[C L�ADI�IG LF�dTE!CO3w€CFt�TE Ff.AS CURE�.
7. f�PPLY TAGK COAT i O�DGES OF E3C�STIP@G PAVE�SE�1T�EF(3RE
IPdSTALLr�TFON PA s�H.
&. CQLLA.RS ARE RE�U IRED FOR aLL PAV�D�RRVFi Ysf14YS.
C1TY QF REDL�4N�S fv�U�ICiP�L LITILITIES AND ENGINEERfNG �EP�RTMENT
��[��RETE CC3LL�1�
Re�ised 12I3118 Cra�#on Av� & Others H14860 Page 7 of 7