HomeMy WebLinkAboutContracts & Agreements_7-1976_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 19 , by and between the COUNTY OF SAN BERNARDINO,
a body corporate and politic of the State of California, hereinafter re-
ferred to as "COUNTY," and the CITY OF REDLANDS, a municipal corporation
of the State of California hereinafter referred to as• "CITY."
WITNESSETH
WHEREAS, COUNTY and CITY desire to cooperate and jointly participate
in the improvement of a portion of Barton Road from 0.10 mile east of
California Street easterly to 0.10 mile west of Tennessee Street, herein-
after referred to as "PROJECT"; and
WHEREAS, PROJECT will generally consist of the reconstruction of
approximately 1.50 miles of existing roadway, realignment and widening to
a 4-lane divided roadway with median left turn lanes at intersecting streets;
and
WHEREAS, PROJECT is partially in the unincorporated area of the COUNTY
and partially within the incorporated area of the CITY, and will be of
mutual benefit to COUNTY and CITY; and
WHEREAS, PROJECT is proposed to be constructed under the Federal Aid
Urban (FAU) Program utilizing a combination of Federal aid local matching
funds and is to be administered by the California Department of Transportation;
and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and
obligations of each as pertains to such participation and to the design, con-
struction and future maintenance of the proposed improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 COUNTY SHALL:
Page 1 of 6
1.1 Act as lead agency in the development of PROJECT including the
preparation and submittal of environmental report as required
for Federal Aid highway projects and conformance with areawide
review procedures.
1.2 Perform all necessary field surveys and materials investiga-
tions for design of PROJECT.
1.3 Prepare construction plans, specifications and estimates of
quantities and costs in accordance with procedures prescribed
by the Federal Highway Administration for Federal participa-
tion in construction of PROJECT.
1.4 Submit plans, specifications and estimate for PROJECT to CITY
and obtain signature and approval thereof prior to advertising.
1.5 Arrange for relocation of all utilities which interfere with
construction of the PROJECT, including the area within the
CITY.
1.6 Comply with public hearing requirements applicable to Federal-
Aid projects, conform to procedures prescribed by the Federal
Highway Administration for Federal Aid Urban Funds and perform
the function of lead agency in processing plans, specifications
and reports for Federal Highway Adminstration approval.
1.7 Acquire all rights-of-way and rights-of-entry determined to be
necessary for construction of PROJECT which lie within the unin-
corporated territory of COUNTY.
1.8 Act as Right-of-Way Agent on behalf of CITY and acquire all
rights-of-way and rights-of-entry determined to be necessary for
construction of PROJECT within the incorporated area of CITY.
Page 2 of 6
1.9 Obtain concurrence of CITY in all right-of-way requirements and
negotiations involving parcels within incorporated area of CITY
prior to making of offers.
1.10 Certify to the Federal Highway Administration by Resolution of
_ Board of Supervisors that all rights-of-way and rights-of-entry
for PROJECT have been acquired.
1.11 Upon completion of construction, certify to CITY that PROJECT
has been accomplished substantially in accordance with approved
plans and specifications and furnish CITY with a set of "As
Built" plans.
1.1.2 Upon completion of construction, determine total local costs of
PROJECT. Said total local costs shall include all survey costs,
design costs, utility relocation costs not absorbed by others
and that portion of the construction cost including contract
work, rights-of-way agents labor costs, approved change order
work and contract inspection and administration which is not
reimbursed from Federal-Aid contributions to PROJECT.
1.13 Fund the local share of project costs to be apportioned between
CITY and COUNTY in accordance with the terms of this agreement.
1.14 Accept responsibility for its proportionate share of the local
cost of PROJECT as determined in accordance with the following
terms:
a. All costs attributable to right-of-way acquisitions within
unincorporated area of COUNTY.
b. Seventy-seven (77) percent of all cost of preliminary engi-
neering including but not limited to surveys, material and
foundation investigations, preparation of plans, specifica-
tions and estimates and administrative costs.
Page 3 of 6
c. Seventy-seven (77) percent of all costs of construction of
PROJECT, except special work within the PROJECT area that
does not qualify for Federal. funds. The costs of this
special work will be assumed by agency requesting such
work at one hundred (100) percent.
1.15 Bill CITY for its share of PROJECT costs in accordance with
Paragraph 1.12 above and the following schedule:
a. Right-of-way costs, within the city limits, upon comple-
tion of acquisition of each parcel.
b. Utility relocation costs, not absorbed by others, within
the city limits, after receipt of statement from utility
company.
c. All other costs upon completion of PROJECT or mutual agree-
ment to terminate PROJECT.
1.16 Maintain, at its own cost, those portions of PROJECT within
the unincorporated territory of COUNTY, except as may be main-
tained by others under separate agreement.
2.0 CITY SHALL:
2.1 Reimburse COUNTY, within 30 days of receipt of billing, for
CITY'S share of total local costs of PROJECT as determined by
COUNTY, pursuant to paragraph 1.12 and 1.15 of this agreement.
CITY'S share of the total local costs shall be borne in accor-
dance with the following terms:
a. All costs attributable to right-of-way acquisition and
right-of-entry within incorporated area of CITY.
b. Twenty-three (23) percent of all cost of preliminary engi-
neering, including but not limited to surveys, materials
and foundation investigations, preparation of plans,
Page 4 of 6
specifications and estimates and administrative costs.
c. Twenty-three (23) percent of all costs of contract adminis-
tration and inspection by CALTRANS and COUNTY.
d. Twenty-three (23) percent of all costs of construction of
PROJECT, except special work within the PROJECT area that
does not qualify for Federal funds. The cost of this spe-
cial work will be assumed by agency requesting such work
at one hundred (100) percent. CITY'S share is estimated
to be approximately Fifty Thousand Dollars ($50,000) plus
costs of rights-of--way and rights-of-entry within the in-
corporated territory of the CITY; however, actual amount
to be paid by CITY to COUNTY not covered by FAU funds will
be determined by COUNTY as set forth herein.
2.2 Upon completion of construction, maintain at its own cost,
those portions of the PROJECT improvement, within the incor-
porated area of CITY, except as may be maintained by others
under separate agreement.
3.0 IT IS FURTHER AGREED THAT:'
3.1. Neither party to the Agreement nor officers nor employees thereof
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by other party
to the Agreement under or in connection with any work, authority
or jurisdiction delegated to the parties under this Agreement.
It is also understood and agreed that pursuant to Government
Code Section 895.4, each party shall fully indemnify and hold
the other party harmless from any liability for injury (as de-
fined by Government Code Section 810.9) occurring by reason of
Page 5 of 6
anything done or omitted to be done under or in connection
with any work, authority or jurisdiction delegated under this
Agreement.
THIS AGREEMENT, shall inure to the benefit of and be binding upon the
successors and assigns of both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their respective officials thereunto duly authorized.
ATTEST: COUNTY OF SAN BERNARDINO
LEONA RAPOPORT, Clerk of the- By
Board of Supervisors of the Chairman, Board of Supervisors
County of San Bernardino
By CITY OF REDLANDS
By
ATTEST: Mayor
By
City Clerk
Page 6 of 6