Loading...
HomeMy WebLinkAboutContracts & Agreements_10-12_CCv0001.pdf FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number nM M Ja Change SC TRA Cancel County Department Dept. Orgn, Contractor's License No. Public Works-Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Erwin Fogerson, P.E. Chief (909)387-7940 $203,050 F A S Contract Type IRevenue El Encumbered M Unencumbered D Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: I Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount SAA TRA TRA 9800 14HI4551 $203,050 1L Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount I I 1 1 $ Project Name Estimated Payment Total by Fiscal Year Fifth Avenue @ FY Amount I/D FY Amount I/D Walnut Street Waterline Relocation THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Redlands hereinafter called CITY Address 35 Cajon Street Redlands, CA 92373 Telephone Federal ID No.or Social Security No, (909) 798 -7655 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the County of San Bernardino (hereinafter referred to as COUNTY) has a roadway improvement project at Fifth Avenue and Walnut Street (hereinafter referred to as PROJECT), located within the unincorporated area near the City of Redlands (hereinafter referred to as CITY); and WHEREAS, the PROJECT consists of roadway widening and the addition of two left-turn lanes on Fifth Avenue, roadway widening and construction of curb, gutter, and storm drain upgrades along Walnut Street, and relocation of fencing and ten existing Canary Island Date Palm trees located within the PROJECT area; and WHEREAS, as a necessity by virtue of the construction of the PROJECT, a portion of the existing waterlines, water valves and appurtenances (collectively referred to as WATERLINES) inside COUNTY road right of way will be relocated (hereinafter referred to as RELOCATION) as part of the PROJECT, as they are now in conflict with the proposed design of the PROJECT; and AuditorlController-Recorder Use Only 0 Contract Database ❑0 FAS Input Date Keyed By I Page 1 of 8 WHEREAS, the above described WATERLINES are owned and operated by the CITY; and WHEREAS, in accordance with California Streets and Highways Code section 1463, the COUNTY has informed the CITY of the required RELOCATION; and WHEREAS, in accordance with California Streets and Highways Code section 1485, the COUNTY and its contractor(s)/subcontractor(s) will perform the RELOCATION as part of the PROJECT; and WHEREAS, CITY agrees to bear 100 percent of the costs of the RELOCATION (hereinafter referred to as RELOCATION COSTS), which are presently estimated to be $203,050; and WHEREAS, the RELOCATION COSTS shall include the costs for construction, construction engineering, and construction surveying of the WATERLINES; and WHEREAS, CITY forces shall perform construction inspection for the RELOCATION at CITY's own cost; and WHEREAS, CITY will initially pay COUNTY 100 percent of the amount of the RELOCATION COSTS, as set forth in the COUNTY'S approved construction contract for the RELOCATION, within thirty (30) days of awarding such contract; and WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains to their participation in the RELOCATION. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, COUNTY AND CITY AGREE as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the construction of the RELOCATION. 1.2 Obtain a no-cost permit from the CITY for construction of the RELOCATION. 1.3 Advertise, award, and administer construction of the RELOCATION in accordance with the provisions of the California Public Contract Code applicable to counties and all other applicable state laws. 1.4 Require its Contractor to maintain automobile and general liability insurance, and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11-07SP. 1.5 = Have zero (0) percent financial obligations for RELOCATION design and RELOCATION COSTS. 1.6 Upon completion of the PROJECT, submit to CITY an itemized accounting of actual RELOCATION COSTS incurred by COUNTY and a statement for CITY's funding obligation for the RELOCATION COSTS, as provided herein. In the event RELOCATION COSTS are less than the amount(s) advanced by CITY, COUNTY shall refund the difference between the amount(s) advanced and the actual RELOCATION COSTS within thirty (30) days of receipt of the itemized accounting. In the event RELOCATION COSTS are more than the amount(s) advanced by CITY, COUNTY shall invoice the CITY and the CITY shall pay within thirty (30) days of receipt of invoice the difference between actual RELOCATION COSTS and amount(s) advanced. 1.7 Comply with any applicable requirements of the California Environmental Quality Act (CEQA), California Public Resources Code section 21000 et seq., as well as completing the required CEQA documentation. 1.8 Issue a no-cost permit for the RELOCATION. Fifth Ave Waterline Relocation H14551 Page 2 of 8 1.9 Require its contractors and subcontractors performing work on the PROJECT to add CITY as an additional insured to all liability insurance policies required of COUNTY's contractors, with the issuance of certificates and endorsements providing that such insurance is primary with respect to CITY and noncontributing to any insurance or self-insurance maintained by CITY. Copies of the certificates and endorsements shall be delivered to CITY prior to COUNTY's contractor(s) commencing work on the PROJECT. 1.10 COUNTY shall attempt to resolve any and all claims of laborers and materialmen performing work or supplying goods for the PROJECT, including the RELOCATION. Costs associated with the resolution and/or payment of claims of laborers and/or materialmen performing work or supplying goods for the RELOCATION shall be considered RELOCATION COSTS and shall be paid by CITY unless the claim falls under paragraph 3.1. 1.11 Require its contractor to maintain a labor and materials bond and a faithful performance bond, each in a penal sum equal to one hundred percent of the contract price for the PROJECT (including the RELOCATION). All bonds required for the PROJECT (including the RELOCATION) shall include both the CITY and COUNTY as dual obligees. Such bond shall be delivered to City prior to the commencement of any work on the Project. 2.0 CITY AGREES TO: 2.1 Pay the cost, and provide the design, for the RELOCATION work to the COUNTY. 2.2 Provide a no-cost permit to the COUNTY for the RELOCATION. 2.3 Provide plans and specifications for the RELOCATION for COUNTY's review and approval. 2.4 Pay 100 percent of the RELOCATION COSTS. 2.5 Participate with the COUNTY in scheduling construction of the RELOCATION. 2.6 Provide adequate inspection of all WATERLINES work performed under the RELOCATION construction contract with COUNTY's contractors or subcontractors for the RELOCATION and maintain adequate records of inspection and materials testing for review by COUNTY. CITY shall provide copies of any records of inspection and materials testing to COUNTY within ten (10) days of CITY's receipt of written demand from COUNTY for such records. 2.7 After CITY's and COUNTY's acceptance of the RELOCATION and PROJECT work, CITY shall accept ownership of the relocated WATERLINES and appurtenances, including lifetime maintenance of the WATERLINES. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY, and its elected officials, officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY's negligent acts or omissions, or willful misconduct, and which arise from the COUNTY's performance of its obligations under this Agreement. 3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY and its elected officials, officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising resulting from CITY's negligent acts or omissions or willful misconduct, and which arise from the 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 this 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. Fifth Ave Waterline Relocation H14551 Page 3 of 8 3.4 In the event of litigation arising from this Agreement, each party to the Agreement shall bear its own costs, including attorney fees. This paragraph shall not apply to the costs or attorney fees relative to paragraphs 3.1, 3.2 and 3.3 indemnification. 3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Automobile Liability, General Liability, and Workers' Compensation and each warrants to the other 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 the terms, conditions or obligations of this Agreement. 3.6 The parties acknowledge that final RELOCATION COSTS may exceed the initial RELOCATION COSTS set forth in the COUNTY's construction contract for the PROJECT. CITY shall be solely responsible for any additional RELOCATION COSTS associated with the RELOCATION resulting from change orders relating to the RELOCATION. In the event COUNTY determines that the RELOCATION COSTS will exceed the RELOCATION COSTS set forth in the COUNTY's construction contract for the PROJECT, COUNTY shall inform CITY, in writing, of this finding and CITY shall provide COUNTY within thirty (30) days of receipt of this notice an additional advancement of funds to pay for the estimated increase in RELOCATION COSTS. 37 Additional work/costs arising from unforeseen site conditions, including utility relocation, associated with the RELOCATION shall be paid solely by CITY. If the CITY requests additional work that is beyond the scope of the original RELOCATION and COUNTY approves the additional work, said work will be paid solely by the CITY at the construction contract unit costs. 3.8 COUNTY shall notify CITY of the bids received and the amounts thereof. 3.9 If after opening bids for the PROJECT, it is found that a cost overrun of 25% or less of the estimated RELOCATION COSTS will occur, COUNTY may award the contract. 3.10 If, after opening bids for the PROJECT, it is found that a cost overrun exceeding 25% of the estimated RELOCATION COSTS will occur, COUNTY shall not award a contract for the RELOCATION. Rather COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after thirty (30) working days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 3.11 In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in the attached Exhibit "B" of this Agreement and approved by COUNTY and CITY. Contract Change Order forms will be delivered by fax or electronic mail and must be returned within two (2) working days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be an additional cost for the RELOCATION, then CITY shall be responsible for such costs, awards, judgments or settlements associated with the disapproved or modified change order. 112 Except with respect to the Parties' maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the RELOCATION and payment of final billing by CITY, or refunded difference by COUNTY between the amount(s) advanced and the actual RELOCATION COSTS, for the RELOCATION. 3.13 This Agreement contains the entire agreement of the Parties with respect to the 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. 3.14 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 RELOCATION, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California. Fifth Ave Waterline Relocation H14551 Page 4 of 8 3.15 Time is of the essence for each and every provision of this Agreement. 3.16 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. 3.17 No waiver of any default shall constitute a waiver of any other default or breach, 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. 3.18 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. 3.19 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.20 Nothing contained in this Agreement shall be construed as a relinquishment of any rights now held by the CITY or COUNTY. 3.21 This Agreement shall become effective on the date it is executed by the COUNTY and shall conclude upon satisfaction of the items identified in paragraph 3.12 or December 31, 2013 (whichever occurs first). 3.22 The Recitals are incorporated into the body of this Agreement. Fifth Ave Waterline Relocation H14551 Page 5 of 8 THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. COUNTY OF SAN BERNARDINO (Print or type name ofcration,company,contractor, etc.) 1110. By Josie Gonzales, Chair, Board of Supervisors Authorized Vignature-sign in blue into) Dated: Name Pete Aguilar (Print or type name of person stgnmg contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title Mayor CHAIRMAN OF THE BOARD (Print or type) Laura H.Welch Dated: Februar 2012 Clerk of the Board of Supervisors of the County of San Bernardino ATTEST Sam Irwin, `difiy Clerk By Address 35 Cajon Street, Suite 200 DepW Redlands, CA 92373 PO BOX 3005 for mailinxt; Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature N lot. County Counsel Department Head Date Date Date Fifth Ave Waterline Relocation 1-114551 Pane B of A EXHIBIT A ESTIMATE OF PROJECT COSTS COUNTY OF SAN BERNARDINOXITY OF REDLANDS FOR FIFTH AVENUE AT WALNUT STREET WATERLINE RELOCATION REDLANDS AREA TOTAL COST OF COUNTY OF %OF CITY OF REDLANDS %OF PROJECT DESCRIPTION PHASE OF WORK PROJECT SAN PROJECT SHARE REDLANDS BERNARDINO COUNTY SHARE CONSTRUCTION $195,000 $0 0% $195,000 100% WATERLINE CONSTRUCTION RELOCATION ENGINEERING FIFTH AVENUE AT (COMPACTION $5,750 $0 0% $5,750 100% WALNUT STREET TESTING) CONSTRUCTION SURVEY $2,300 $0 0% $2,300 100% TOTAL $203,050 $0 0% $203,050 100% PROJECT costs may be increased or decreased based on accepted contractor's bid, Fifth Ave Waterline Relocation H14551 Page 7 of 8 EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: FIFTH AVENUE AT WALNUT STREET COUNTY OF SAN BERNARDINO CONTRACT# File: H14551 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 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 CITY OF REDLANDS and COUNTY 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 SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer(FAX#909-387-7920) Signed Original for CITY OF REDLANDS File Fifth Ave Waterline Relocation H14551 Page 8 of 8