HomeMy WebLinkAboutContracts & Agreements_256-2006_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
December 19, 2006
FROM: PATRICK J. MEAD, Director
Department of Public Works - Transportation
SUBJECT: COOPERATIVE AGREEMENT WITH THE CITY OF REDLANDS TO
REHABILITATE SAN TIMOTEO CANYON ROAD AND LIVE OAK CANYON
ROAD
RECOMMENDATION: Approve Cooperative Agreement No. 06-1223 with the City of Redlands
(City) in which the County and the City will contribute $40,130 and $1,434,370, respectively,
towards the $1,474,500 estimated cost to rehabilitate the pavement on San Timoteo Canyon
Road (from Barton Road to Riverside County Line) aInd Live Oak Canyon Road.
BACKGROUND INFORMATION: The City conducted an inspection of various roads in its
jurisdiction and found that the above listed roads are deteriorating, primarily due to the increasing
number of vehicles traveling the roads. The County concurred with the City and agreed to jointly
participate in a project to rehabilitate these roads. The project is partially (2.72010) in the
unincorporated area of the County and primarily (97.28%) within the incorporated area of the City,
but will be of mutual benefit to both entities.
In accordance with the proposed agreement, the City will act as lead agency for the design and
construction of this project. As lead agency, the City will advertise, award, and initially fund the
construction of the project. The project cost is estimated at $1,474,500. The County's share of
cost will be $40,130 (2.72010), while the City's share will be $1,434,370 (97-28%). The City
approved this agreement on November 21, 2006.
REVIEW BY OTHERS: This item was reviewed by County Counsel (Charles S. Scolastico,
Deputy County Counsel, 387-4635) on November 30, 2006 and the County Administrative Office
(Tom Forster, Administrative Analyst, 387-4635) on December 8, 2006.
FINANCIAL IMPACT: The total estimated cost of the project is $1,474,500. Funds for the
County's share of the cost ($40,130) are available in the FY 2006/2007 Transportation budget
(SAA-TRA-TRA) and will be financed through AB2928 funds, The project's remaining cost
($1,434,370) will be funded by the City of Redlands in accordance with this cooperative
agreement.
SUPERVISORIAL DISTRICT(S): V
PRESENTER: Patrick J. Mead, 387-7906
CC: PW-Transp. - Biggs w/agree Record of Action of the Board--oT-Supervisors
Contractor c/o PW-Transp. w/agree AGREEMENT NO.06-1223
ACR-Mejico w/agree APPROV
IDS w/agree CALENDAR}
Risk ManagementORS
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06 File w/Agreement No. 06-1223 BY
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FOR COUNTY USE ONLY ORIGINAL
* New Vendor Code Dept. Contract Number
Change
U NrCancel SC 'TRAA 01( gaaL 3
�.GC4Y County Department Dept. Orgn. Contractor's License No.
SAN KeWDINO Public Works —Transportation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
- - Brendon Bi s909 387-8166 $40,130
--
Contract Type
❑ Revenue ® Encumbered ❑ unencumbered ❑ Other:
If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount This Amendment
COUNTY OF SAN BERNARDINO Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount
SAA TRA TRA 200 2445 01 HAO 130 $40,130
FAS Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount
STANDARD CONTRACT Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount
Project Name Estimated Payment Total by Fiscal Year
SAN TIMOTEO CANYON FY Amount I/D FY Amount I/D
ROAD
REHABILITATION 06/07 $40,130 1
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 Redlands hereinafter called: CITY
P.O. Box 3005
35 Cajon Street Suite 222
Redlands CA 92373
Telephone 09) 798-7655 Federal ID No.or Social Security No.
(9
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the COUNTY and the CITY desire to cooperate and jointly participate in a project
to rehabilitate the pavement on San Timoteo Canyon Road from Barton Road to Riverside County
Line; and rehabilitate the pavement on Live Oak Canyon Road (hereinafter referred to as PROJECT);
and
WHEREAS, the PROJECT is partially (2.72%) in the unincorporated area of the COUNTY and
partially (97.28%) 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/Controller–Recorder Use On/
Q Contract Database E3 FAS
Input Date Keyed Sy Page 1 of 5
.
. .
WHEREAS, the total PROJECT cost ' estimated to be $1,474.500. COUNTY's share Of
PROJECT costs isestimated 6t $40.130 (2.72%) and C|TY`Sshare OfPROJECT costs is estimated
@t $1.434`370 (Q7.28%). 8Smore particularly set forth iDExhibit "A". attached hereto and incorporated
herein byreference; and
VVHEF7EA8. 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 aSthe Lead Agency hlthe design and construction ofthe PROJECT.
1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT
for C[)Uy4TY'Sprior 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 COUNTY, and the Caltrans Design K8Gnua|. 10
year life, t0the satisfaction ofand subject toconcurrence CfCOUNTY.
1.4 Arrange for ne|oC8hOn of all utilities which interfere with QJOStFVCtiOO of the PROJECT.
1.5 Obtain a no-cost permit from COUNTY for work within the COUNTY's right-of-way.
1.8 Advertise, award, administer, and hJOd the construction of the PROJECT, in 8CCOnd8RC9 with
the California Public Contract Code.
1.7 Require its CODL[8C[OnS to maintain VVQnke[G' C|ODlp8DS8bOD |OSUr@nCe OF a state-approved
Self-insurance Program in an aDlOuOi and form to Dle8i all applicable requirements Of the
Labor Code Of the State Of California, including Employer's Liability with $250.000 limits,
COv8[iDg all penSODS providing s9[Vi0eS On behalf of the (�OOtrGCtOand all risks to such
persons under this Agreement. Comprehensive General Liability to include contractual
COv8r8gS and Automobile Liability Insurance to include C0v8[8g8 forOvvDed' hired and nOD-
0VVDed vehicles. The CO[DpFeh8OSiVe General and AuLODlObi|8 Liability policies shall have
combined single limits for bodily injury and property damage of not } S3 than one nli//iOD
dollars ($1,00O'000) and shall name the CITY and the COUNTY @Sadditional insured.
Waiver of Subrogation Rights — Contractors shall require the C8[FiRnS of the above required
C0vR[8geS to waive all rights of subrogation against the COUNTY, the CITY, and their officers,
RDlp/Oy8eS, 8geOts, VO|UOt9erS, contractors, and subcontractors.
Policies Primary and Non-Contributo — Al| pO/iCi88 n8qUi[8d above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by the
COUNTY Orthe CITY.
1.8 Provide adequate inspection Ofall items 0fwork performed under the construction C0nt[GCt/S\
with (�|TY'G CODLr@CtOrS or subcontractors for the PROJECT and maintain adequate records
``
inspection and Dlet8ri8|s testing for [gVievv by COUNTY. CITY shall provide copies Of any
records of inspection and rO8i8[ia|S tgSdOg to COUNTYwithin ten /1O\ d@V� Of (�|T�'S receipt
Ofm/ri�8ndanl8nd �orn <�{]UNTYfor such records.
' ' '
1.9 Pay for its share Of PROJECT costs for the (i) pavement rehabilitation work OO San TirDo[eo
Canyon Road from Barton Road to Riverside County Line and (ii) pavement rehabilitation
work on Lime Oak Canyon Road. The PROJECT costs shalliOc|� �8 the cost of PROJECT
construction design, construction engineering, and overhead. C|TY'G proportionate share of
PROJECT costs shall beQ7.2896. which iSestimated tObe $1.434'370.
1.10 Submit to C[}Uh/T~/ an itemized accounting of actual PROJECT costs incurred by CITY to
date and which have not already been paid either by COUNTY OrCITY and G statement for
COUNTY'S proportionate Shame of the PROJECT costs as provided herein. Costs Sh3|/ be
amended following COUNTY and CITY acceptance Ofthe final construction cost accounting.
1.11 /OC|Ude completion Ufany applicable NEPA and CE{)Arequirements.
1.12 After CITY and COUNTY'S acceptance of the construction COntc@Ct vvOrk. CITY Sh8|| Operate
and rn8iDt@iO those portions of the PROJECT within the incorporated area Of CITY, in
accordance with CITY regulations, policies and procedures.
Page 20f5
2.0 COUNTY AGREES TO:
2.1 Pay for its share of PROJECT costs for the pavement rehabilitation work westerly of San
Timoteo Canyon Road from Barton Road to Nevada Street. The PROJECT costs shall include
the cost of PROJECT construction design, construction engineering, and overhead.
COUNTY's proportionate share of the PROJECT costs shall be 2,72%, which is estimated to
be $40,130.
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 3.5 below, 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 either COUNTY or CITY, together with adequate
documentation of said expenditures.
2.4 Provide a no-cost permit to CITY for its work in COUNTY's right-of-way.
2.5 After CITY and COUNTY's acceptance of the construction contract work, COUNTY shall
operate and maintain those portions of the PROJECT within the unincorporated 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 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.
3.4 COUNTY and CITY are authorized self-insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that
through their programs of self-insurance, they have adequate coverage or resources to
protect against liabilities arising out of COUNTY and CITY's performance of this Agreement.
3.5 The Parties acknowledge that final cost of the PROJECT may ultimately exceed current
estimates of PROJECT cost. Any additional costs resulting from increased bid prices, change
orders, or arising from unforeseen site conditions, including Utility relocation (but not from
requested additional work by the COUNTY or CITY, which is addressed in Section 3.6 below)
over the estimated total of the PROJECT's cost of $1,474,500 (which is the sum of $40,130
from COUNTY and $1,434,370 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 the cost for the PROJECT.
3.6 If either CITY or COUNTY 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 cost.
3.7 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.
Page 3 of 5
3.8 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.
3.9 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 costs.
3.10 This Agreement contains the entire agreement of the Parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.11 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.
3.12 Time is of the essence for each and every provision of this Agreement.
3.13 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.
3.14 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.
3.15 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.
3.16 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.
111
Page 4 of 5
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
COUNTY ZSARNA&RD CITY OF REDLANDS
(Print or me of co ration,company,contractor etc.)
AtTEST:
- 77 By ►
Bill Post us, Chairman, Board of Supervisors Autho d signature-sign in blue ink)_ y
Dated: DEC 19 2006 Name Jon Harrison Lorr yzer
SIGNED AND PY OF THIS typ
(Print or e name of person signing contract)
�. O
DOCUMENT O THE Title Mayor City Clerk
CHAIRMA M•Sµtl!} (Print or Type)
upervisors Dated: November 21. 2006
an mardino.
By Address P. O. Box 3005
Redlands, California 92373
co
Approved as tqt, Revie 1by Contract Gornpfliange Presented OS for Signature
oun ounsel / Depaftment Head
Date 17 - L � /}Date f / " � Date r d
Ot6K4V A4. Oto-�tz3
IVVK * 8n
Page 5 of 5
EXHIBIT A- Work Order HAO 130
ESTIMATE OF PROJECT COSTS
FOR CITY OF REDLANDS/COUNTY OF SAN BERNARDINO
FOR PAVEMENT REHABILITATION
IN THE REDLANDS AREA
DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %
COST OF SAN PROJECT REDLANDS PROJECT
PROJECT BERNARDINO COUNTY SHARE CITY
SHARE
SAN TIMOTEO CANYON ROAD
PAVEMENT FROM BARTON ROAD TO
REHABILITATION RIVERSIDE COUNTY LINE AND $1,474,500 $40,130 2.72% $1,434,370 97.28%
LIVE OAK CANYON ROAD
(100%Win City's limits)
TOTAL $1,474,500 $40,130 2.72% $1,434,370 97.28%