HomeMy WebLinkAboutContracts & Agreements_257-2006_CCv0001.pdf m
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FOR COUNTY USE ONL Y
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Vendor Code Dent.
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u� �� Contract Number
Cancel CIP A 0 L_ f /t2 2
County Department
Architecture& EngineeringDept. Orgn. Contract;ricense No.
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CIP 4560
County of San Bernardino
County Cl R pAlbant Contract Representative
Telephone Total Contract Amount
909-387-5000
FAS $423,034
ED Revenue ® Encumbered Contract Type
STANDARD CONTRACT If not encumbered or revenue contr❑a�Unencumbd ed ❑ other:
CommodityCode �'��Provide reason:
Contract Start Date Contract End Date Original Amount Amendment Amount
� Fund Dept. Organization q �
CJV CIP ppr• Ob'/Rev Source GRC/PROJ/JOB No. Amount
4560 430 4030`
Project Name $423,034
Sewer Installation Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/p
Wabash Ave, to Oval Ave
Mentone
07 $4 4
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino her
the County, and
Name hereinafter called
City of Redlands
Address hereinafter called CITY
35 Cajon Street
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
(909) 798-7698 95-6000766
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) and the CITY OF
REDLANDS (hereinafter referred to as CITY) desire to cooperate and jointly
1,5
of sewer main on Mentone Boulevard, from Wabash Avenue east to Opal Ave ule,p in Mentonee in a �(hereinafter lre err feet
as PROJECT); and
referred to
WHEREAS, the PROJECT is wholly within the unincorporated area of the COUNTY, and within the sphere
of influence of the CITY. The CITY provides sewer service to this unincorporated area of the COUNTY an
mutual benefit to the COUNTY and CITY; and p
, d will be of
WHEREAS, the total PROJECT cost with 10%contingency is estimated to be$787,704. COUNTY's share
of the estimated cost is$423,034 and CITY's share of the estimated cost is$364,670 as set forth in Exhibit A
attached
hereto and incorporated herein by reference; and
WHEREAS, it is anticipated that the funding for the COUNTY's share of the PROJECT cost will be from
COUNTY funds, held by the Architecture & Engineering Department, for the Mentone Senior Center/Library
pr
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each a pertains to
project; and
such participation and to the design, construction, and funding of the proposed PROJECT.
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NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 CITY will pay$364,670 of the estimated PROJECT cost.
1.2 CITY will act as the Lead Agency in the design and construction of the PROJECT.
1.3 CITY will construct the PROJECT by contract in accordance with the plans and specifications of CITY.
1.4 Construction by CITY of improvements referred to herein which lie within the unincorporated area of
COUNTY shall be coordinated and have the necessary
1.5 CITY will advertise, award, administer, and fund the construction of the PROJECTa in accordance with
the California Public Contract Code.
1.6 CITY will provide adequate inspection of all items of work performed under the construction contract(s)
with CITY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection
and materials testing for review by COUNTY. CITY shall provide copies of any records of inspection to
COUNTY within ten (10)days of CITY's receipt of written demand from COUNTY for such records.
1.7 PROJECT costs shall include the cost of design, construction, control survey, soils testing, inspection,
construction project contingency, and traffic control.
1.8 CITY will submit to COUNTY an itemized accounting of actual PROJECT costs incurred by CITY.
1.9 CITY will complete any applicable NEPA and CEQA requirements.
1.10 After CITY's and COUNTY's acceptance of the construction contract work, CITY shall operate and
maintain those portions of the PROJECT within the unincorporated area of CITY, in accordance with
CITY regulations, policies and procedures.
1.11 CITY shall reimburse COUNTY for applicable amounts from the CITY's collection of"frontage charges".
COUNTY's eligibility for the frontage charge will be handled in accordance with the City of Redlands'
Municipal Code Chapter 13.44.
2.0 COUNTY AGREES TO:
2.1 COUNTY will pay to the CITY, within 10 days of awarding the construction contract, $423,034.
3.0 IT IS MUTUALLY AGREED:
3.1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and
volunteers from any and all liabilities for injury to persons and damage to property arising out of any act
or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's
performance of its obligations under this Agreement.
3.2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents, and
volunteers from any and all liabilities for injury to persons and damage to property arising out of any act
or omission of CITY, its officers, employees, agents or volunteers in connection with CITY's
performance of its obligations under this Agreement.
3.3 In the event that a claim or suit is brought against COUNTY and/or CITY, CITY will initially defend the
involved parties, with COUNTY waiving potential conflict, until such time that the liability situation is
defined.
3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action,
loss or damage which results from their respective obligations under the Agreement, the COUNTY
and/or CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if the
COUNTY or CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to
an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be
construed against the employer of that employee.
3.5 COUNTY and CITY are self-insured public entities for purposes of Professional Liability, General
Liability, and Workers' Compensation. COUNTY and CITY warrant that through their programs of self-
insurance, they have adequate Professional Liability, General Liability and Workers' Compensation to
provide coverage for liabilities arising out of COUNTY and CITY's performance of this agreement.
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3.6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates of
PROJECT costs. Any additional PROJECT costs resulting from change orders shall be borne by one or
both parties and shall be determined by the location and beneficiary of the work, as set forth in Exhibit
B of this agreement.
3.7 If either CITY or COUNTY request additional work that is beyond the scope of the original PROJECT,
said work will be paid solely by the agency requesting the work at the construction contract unit costs or
negotiated costs.
3.8 This Agreement may be cancelled upon thirty(30) days written notice of eithera
that neither party may cancel this Agreement after CITY lets a contract to construct he PROJECTProvided VeIn
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, and reimbursement
obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and
payment of final billing by COUNTY for its share of the PROJECT.
3.10 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and
supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified
in writing signed by both parties.
3.11 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 supplement, modification, or amendment of this Agreement shall be binding unless executed in
writing and signed by both parties.
3.15 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.
3.16 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.
3.17 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.
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COUNTY OFSAN B NARDIN CITY OF REDLANDS
(Print or type name of co ration,company,contractor,etc.)
a
BY 0-
BILL
BILL POS S r O upervisors (Authorized signature-sign in " k)
u .c�J
Dated: f Name Jon Harrison Loroyzer
(Print or type name of person sig ing contract)
SIGNED A " , OF THIS
DOCUME H W. `C O T THE Title Jerk
CHAIRMA OF H
(Print or Type)
oa 0 pervisors Dated: November 21, 2006
mardino.
E
BY ` Address 35 Cajon Street
Redlands CA 92373
Approved al Form Review ontr nce Presented to BOS for Signature
County Counsel
Department Mead CARL R.ALBAN
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Date l t' �} Date `/f.i"w Daterij =�
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EXHIBIT A
MENTONS BOULEVARD SEWER PIPELINE INSTALLATION PROJECT
MUNICIPAL UTILITIES, CITY OF REDLANDS
ESTIMATED PROJECT COSTS
CONSTRUCTION COSTS:
Apparent Lowest
Item Description Unit Qty Unit Cost Bid Total city County Notes
I Location Mobilization LS 1 $20,000 $20,000 $7,255 $12,745 (a�
2 1Location Demobilization LS 1 $4,500 $4,500 $1,632 $2,868 (a)
3 18-inch PVC SDR 35(Mentone) LF 1532 $123 $188,436 $0 $188,436
4 lConnect to Existing MH EA 1 $3,100 $3,100 $0 $3,100
5 8-inch PVC SDR 35(Side St) LF 360 $130 $46,800 $46,800 $0
6 Construct Lateral EA 31 $3,500 $108,500 $105,000 $3,500
7 Construct MH EA 5 $5,500 $27,500 $0 $27,500
8 Trench Protection LS 1 $9,000 $9,000 $3,265 $5,735,(a)
9 Trench Pavement Replacement LF 1920 $28 $53,760 $10,229 $43,531 (b)
10 Traffic Control LS 1 $102,000 $102,000 $37,002 $64,998 (a)
11 16"Steel Casing LF 33 $350 $11,550, $0 $11,550
12 IPerform Survey Monument Restoration LS 11 $7,000 $7,000 $0 $7,000
Total $582,1461 $211,184 $370,962
Total
ADMINISTRATIVE COSTS: $20,767 $7,152 $13,615 (c)
Subtotal $602,913 $218,336 $384,577
CONTINGENCY: 10% Project Contingency $60,291 $21,834 $38,458 (d)(e)
DESIGN COSTS: $124,5001 $124,5001 $017
ESTIMATED PROJECT TOTAL I $787,7041 $364,6701 $423,0341
Notes: (a)Allocation of costs for this item are based on the allocation of costs for bid items 3,4,5,6,7,9, 11,and 12.
(b)Allocation of costs for this item are based on the allocation of costs for bid items 3 and 5.
(c)Administrative costs include construction inspections,soil testing,and construction staking.
(d)10%project contingency costs apply to construction costs and adminstrative costs.
(e)Contingency costs are estimated only. Actual allocation of contingency costs will be based on applicability of the work. Remaining balance is subject for refund.
(f)The project was designed by the City to extend the sewer 5,150 feet from Wabash to Crafton,including sewer laterals to property lines.The County will benefit from
a portion of this design for the 1,550 feet of sewer main that they are required to construct to sewer their development.
EXHIBIT B
CONTRACT CHANGE ORDER REVIEWIAPPROVAL
PROJECT: SEWER LINE INSTALLATION
SAN BERNARDINO COUNTY CONTRACT#
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the
City of Redlands and County of San Bernardino for the above project and the following shall apply:
DATE OF CITY OF REDLANDS ACTION:
❑APPROVED for Implementation with 100% Participation by CITY OF REDLANDS
❑APPROVED Subject to Comments/Revisions Accompanying This Document
❑APPROVED With Limited Funding Participation by CITY OF REDLANDS
❑ %of Actual Cost to be Funded by CITY OF REDLANDS
❑ CITY OF REDLANDS Participation Not to Exceed$
❑ DISAPPROVED-Not Acceptable to CITY OF REDLANDS
DATE OF COUNTY OF SAN BERNARDINO ACTION: / I
❑APPROVED for Implementation with 100%Participation by COUNTY OF SAN BERNARDINO
❑APPROVED Subject to Comments/Revisions Accompanying This Document
❑APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO
❑ %of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO
❑ COUNTY OF SAN BERNARDINO Participation Not to Exceed$
❑ DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO
Note: Approval under any of the above conditions shall in no case be construed as agreement to increase
the total financial participation beyond that prescribed in the existing COUNTY OF SAN BERNARDINO and
CITY OF SAN BERNARDINO agreements without separate amendment to said agreements. Net increases in
costs deriving from this and previously approved Contract Change Orders shall not cause the total
construction costs to exceed the sum of the authorized contract total and contingency amounts.
Comments,as follows and/or attached,are conditions of the above action? ❑YES ❑ NO
CITY OF REDLANDS SIGNATURE: COUNTY OF SAN BERNARDINO SIGNATURE:
CITY OF SAN BERNARDINO TITLE: COUNTY OF SAN BERNARDINO TITLE:
Distribution:
Signed Original Returned to CITY of REDLANDS(FAX#909-798-7670)and County of San Bernardino ME Dept.(FAX#909-387-
5050)
Signed Original for CITY OF REDLANDS and COUNTY OF SAN BERNARDINO Files
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