HomeMy WebLinkAboutContracts & Agreements_179-2007_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
November 6, 2007
FROM: VANA R. OLSON, Director
Department of Public Works - Transportation
SUBJECT: AGREEMENT WITH THE CITY OF REDLANDS FOR TRAFFIC CONTROL
SIGNAL AT SAN TIMOTEO CANYON ROAD AND BARTON ROAD
RECOMMENDATION: Approve Cooperative Agreement No. 07-972 with the City of Redlands
(City) increasing the City's contribution from $100,000 to $205,714 and the County's contribution
from $50,000 to $102,857 for the cost of installing a traffic control signal at the intersection of San
Timoteo Canyon Road and Barton Road in the Loma Linda/Redlands area.
BACKGROUND INFORMATION: On October 5, 2004, the Board of Supervisors approved
Agreement No. 04-1053 with the Cities of Redlands and Loma Linda in which the County and City
of Loma Linda agreed to contribute $50,000 each and the City of Redlands would contribute
$100,000 toward the $200,000 estimated cost of installing a traffic control signal at the
intersection of San Timoteo Canyon Road and Barton Road. improvements were made at the
subject intersection; however, delays in construction substantially increased the cost of this
project. The subject project is now completed at a cost of $411,428. The County's new share of
project cost is $102,857 (25%), the City of Loma Linda's portion is also $102,857 (25%), and the
City of Redlands' share is $205,714 (50%).
This proposed new agreement is between the County and City of Redlands only, as the City of
Loma Linda entered into a separate agreement with the City of Redlands for Loma Linda's share
of the project cost. In accordance with this proposed agreement, the County and the City of
Redlands agree to fund $102,857 and $205,714, respectively, toward the cost of this project.
This new agreement supersedes the original agreement in regards to the funding obligations. All
other terms and conditions of the original agreement shall remain in full force and effect. The
separate agreement between the two cities prevented the execution of an amendment to the
previous agreement. The City of Redlands approved this new agreement on October 2, 2007.
REVIEW BY OTHERS: This item was reviewed by County Counsel (Charles S. Scolastico,
Principal Assistant County Counsel, 387-5481) and the County Administrative Office (Tom
Forster, Administrative Analyst, 387-4635) on October 24, 2007,
FINANCIAL IMPACT: The total cost of this project is $411,428. Of this amount, the County's
share of cost is $102,857 (which is $52,857 greater than originally anticipated amount). The
remaining amount of $308,571 will be funded by the Cities of Redlands and Loma Linda. Funds
for the County's share of costs are available in the County Road Fund's FY 2007/08 budget.
SUPERVISORIAL DISTRICT(S): 3`d
PRESENTER: Vana R. Olson, Director, 387-7906
cc: PW/Trans—Biggs w/agree
Record of Action of the Board of Supervisors Contractor—c/o PW/Trans w/agree Agreement No. 07-972
Periculum—c/o Risk Mgmt w/agree APPROVED(C = T CALENDAR)
Auditor—Acct Payable Mgr w/agree BO ORS
Risk Management CO
INO
PWITrans—Olson MOTION MOVE t� DSE OND AYE
County Counsel—Scolastico 1 O" 3 4 5
R"W06 CAO-Forster
DENA" MIT' CL R 6FE`. & A D
File w/Agreement BY
Asx
(de 11!9/07) DATED: Novem .�
O�
MARDI o ITEM 033
,
FOR COUNTY USE ONLY
New Vendor CodeDept. Contract Number
Change J� "]
Cancel SC TRA A (� 7 /
COUNTY County Department Dept. Orgn. Contractor's License No.
AN BERNARDIN Public Works—Transportation TRA TRA
f County Department Contract Representative Telephone Total Contract Amount
.:.. Brendon Biggs (909)387-8166 $102,857
=x Contract Type
❑ Revenue ® Encumbered ❑ unencumbered ❑ Other:
If not encumbered or revenue contract type,provide reason:
uCommodity Code Contract Start Date Contract End Date Original Amount This Amendment
$102,857
COUNTY OF SAN BERNARDINO Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Ong.Amount
SAA TRA TRA 200 2445 17H13851 $50,000
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 RD FY Amount I/D FY Amount I/D
(a)-BARTON RD 06/07 $52,857 I _
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
City of Redlands hereinafter called: CITY
Address
P.O. Box 3005
35 Caion Street, Suite 222
Redlands CA 92373
Telephone Federal ID No.or Social Security No.
(909) 798-7655
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the COUNTY and CITY previously entered into an Agreement, Contract No. 04-
1053 (the "Agreement") wherein COUNTY and CITIES of Loma Linda and Redlands agreed to jointly
participate in a project to install a traffic control signal at the intersection of San Timoteo Canyon
Road and Barton Road (hereinafter referred to as PROJECT); and
WHEREAS, the construction of the PROJECT is now complete and the total cost of the
PROJECT exceeds 25% of the original project cost; and
WHEREAS, the PROJECT's total cost is $411,428. COUNTY's share of PROJECT costs is
$102,857 (25%), CITY of REDLANDS'S share of PROJECT costs is $205,714 (50%) and the
remainder $102,857 (25%) will be paid by City of LOMA LINDA in a separate arrangement between
the two Cities, as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by
reference; and
Auditor/Controller—Recorder Use Ont
irtDf t Page 1 of
WHEREAS, a separate arrangement for the portion of the cost between the two Cities has
prevented an amendment to previous Agreement to be executed and resulted in the need for this
separate Agreement; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as
pertains to such participation in the remaining funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Pay for its proportionate share of PROJECT costs. The PROJECT costs shall include the cost
of PROJECT construction design, construction engineering, and overhead. CITY's
proportionate share of PROJECT costs shall be $205,714 (50% of PROJECT).
1.2 Submit to COUNTY an itemized accounting of actual PROJECT costs incurred by CITY to
date and which have not already been paid either by COUNTY or CITY and a statement for
COUNTY's proportionate share of the PROJECT costs as provided herein. Costs shall be
amended following COUNTY and CITY acceptance of the final construction cost accounting.
1.3 After CITY and COUNTY's acceptance of the construction contract work, CITY shall be
responsible for performing any maintenance for the PROJECT and 50% of the associated
costs.
2.0 COUNTY AGREES TO:
2.1 Pay for its proportionate share of PROJECT costs. 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 $102,857 (25% of PROJECT).
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.
2.3 After CITY and COUNTY's acceptance of the construction contract work, COUNTY shall be
responsible for performing any maintenance for the PROJECT and 25% of the associated
costs.
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.
Page 2 of 4
^
`
34 COUNTY and CITY are authorized S8K-iDSU[ed public entities for purposes of Professional
Li8bihtv, AUb]nlObi|n Li3bUitv, General Liability, and Workers' Compensation and vv@rR]nt that
through their prOQn]DlS Of self-insurance, they have adequate coverage or resources to
protect against liabilities arising out QfCOUNTY and C|TY'gperformance Ofthis Ag[ee[Oen-
�
3.5 This Agreement may b8cancelled upon thirty (3O) days written notice Ofeither partv' pnOVi--�d
however, that neither party may C8OCe| this Agreement after CITY lets 3 C0Dtr8Ct t^ construct
the PROJECT. In the event Ofcancellation as pnDV|dSd herein, all PROJECT costs required
to be paid by the Parties prior to the effective date of cancellation shall be paid by the pa-'i-
s
in the proportion provided herein.
3.6 Except with respect tQthe Parties' operation, Dl8iOten3OD8 and indemnification obligations
contained herein, this Agreement shall terminate upon completion Of the PROJECT and
payment of final billing byCOUNTY for its share ofthe PROJECT costs.
3.7 This Agreement contains the entire agreement of the Parties with respect to subject matterhereof. andsupe[sedes8|| prio[ negotiBtioDs. uOdem5b3OdiDgs. orQgreeNOeDts. y4O -'supplement,
modification, binding unless executed iriU0g aO-
signed byboth Parties.
3.8 This Agreement shall be governed by the |@xvS of the State Of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agnaernent, or which arises out of or is in any way connected with this Agreement orthe
PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of
San Bernardino, California.
3.9 Time iSOfthe essence for each and every provision Ofthis Agreement.
3.10 Since the Fo8[[ieS Ortheir agents have participated fu/|y in the preparation of this Ao[8eDleDt
the language of this Aone8DleOt Sh@U be construed simply, according to its fair meaning, 8D-
not strictly for any or against any �o@�v. Any term referencing time, days, or period --
pedb[[O8nC8shall bedeeDledvVO[hd8yS Th� C8ptiQDSVf�h� v8riOU� 8[tid�� 8Od - --�
� p�r@g[gpUG
are for convenience and ease or nSkePBOCe only, and d{} not define, limit, augment, or describe
the scope, content, O[ intent 0fthis AgFeeDleOt.
3.11 No waiver of any default shall constitute a waiver of any other default or brief, whether of the
S8rDe or other CQveD@Ot or condition. NO waiver, bSD8h[' privilege, or service Vn/UDt@h|y given
or performed by Party shall give the other Party any contractual rights by custom, estoppel,
'
3.12 If @ court Of competent jurisdiction ded8F8G any portion Of this Agreement iOY8/id` illegalOr
otherwise unenforceable, the remaining pnOVisiODS shall continue in fU/| force and effect`
UO|HSs the purpose of this Agreement is frustrated. '
3.13 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.
Page 3Of4
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
COUNT AN BERNARDINO CITY OF REDLANDS
(Print or pe name f orporation,co pan;T coTntractor,etc.)
By
Paul Biane Chairman, Board of Supervisors (Authorized signature-sign in lu ink)
Dated: t , Name Jon Harrison Lorrie Poyzer
�i z (Print or type name of person signing contract)
SIGNED AN I OF THIS
DOCUMEN rT THE Title Mayor City Clerk
CHAIRMAN F $ E"` r (Print or Type)
,< h
`rzoar ppervisors Dated: October 2, 2007 October 2, 2007
o y ` n rnardino.
By Address 35 Cajon Street (PO BOX 3005-Mailing)
Redlands CA 92373
Approved @5 to -egai Form Reviewed` Contract Comppllipce� Pre nted t BOS for S' nature
► ► Y a`at V!t fox-,
oun ounsel De rtment H
Date �� `�- 4`17 Date 10` 7S-d l �� � (}-7
Date
Page 4 of 4
EXHIBIT A- Work Order H13851
ESTIMATE OF PROJECT COSTS
FOR CITY OF REDLANDS/COUNTY OF SAN BERNARDINO
FOR TRAFFIC SIGNAL INSTALLATION
IN THE REDLANDS AREA
DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %OF
COST OF SAN PROJECT REDLANDS PROJECT
PROJECT BERNARDINO COUNTY SHARE CITY
SHARE
INSTALLATION INTERSECTION OF SAN
OF TRAFFIC TIMOTEO CANYON ROAD AND
CONTROL $411,428 $102,857 25% $205,714 50%
SIGNAL BARTON ROAD
TOTAL $411,428 $102,857 25% $205,714 50%
The PROJECT's remaining balance of$142,857 paid by City of Loma Linda under a separate City agreement.
EXHIBIT B
CONTRACT CHANGE ORDER REVIEWIAPPROVAL
PROJECT: SAN TIMOTEO CANYON ROAD AND LIVE OAK CANYON REHABILITATION
SAN BERNARDINO COUNTY CONTRACT#
File: H13851
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the
City of Redlands and County of San Bernardino for the above project and the following shall apply:
DATE OF COUNTY OF SAN BERNARDINO ACTION:
❑APPROVED for Implementation with 100% Participation by COUNTY OF SAN BERNARDINO
❑APPROVED Subject to Comments/Revisions Accompanying This Document
❑APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO
❑_%of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO
❑ COUNTY OF SAN BERNARDINO Participation Not to Exceed$
❑ DISAPPROVED-Not Acceptable.to COUNTY OF SAN BERNARDINO
DATE OF CITY OF REDLAND 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
CITY OF REDLANDS SIGNATURE: COUNTY OF SAN BERNARDINO SIGNATURE:
CITY REDLANDS TITLE: COUNTY OF SAN BERNARDINO TITLE:
Distribution:
Signed Original Returned to Resident Engineer(FAX#909-387-7927)
Signed Original for COUNTY OF SAN BERNARDINO File
COUNTY OF SAN BERNARDINO
)EPARTMENT OF PUBLIC WORKS PUBLIC AND SUPPORT
SERVICES GROUP
ytH D[RlUADinO
:LOOD CONTROL • SOLID WASTE MGMT • SURVEYOR •TRANSPORTATION
VANA R.OLSON
325 East Third Street • San Bernardino,CA 92415-0835 (9091 387-8104 Director of Public works
Fax (9091 387-8130 ,„,
File: H13$51
November 21, 2007
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Attention: Alan K. Griffiths
Senior Civil Engineer
RE: COOPERATIVE AGREEMENT
Dear Mr. Griffiths:
n the County and the
Enclosed is the executed Board item and Agreement 07-972 signal installation on project at the
Cities of Redlands and Loma Linda for the traffic co
intersection of San Timoteo Canyon Road and Br pa met arrangement betweenad. The City of Loma ) the two
been excluded from this amendment due to prior p y
cities.
Pursuant to Section 4.11 of the original agreement, the final total
the cost rojetct costhe project
eewads
25% above the agreed upon amount, therefore an approvalp
required. The new agreement reflects the new prria�eCro'ect cost �o $amount of $200 000 The
1,427.02, which was an
increase of $211,427.02 (105%) above the original project
°° , an increase of $52,856.75 and the City of
County's share of cost was $102,856.75 (25/ )
Redlands' was $205,713.52 (50%), an increase of $105,713.52. The remaining share of
project costs ($102,856.75) was paid by the City of Loma Linda, pursuant to prior agreement
between the two cities.
If you have any questions regarding the above, please contact Haile Ford at (909) 387-8168.
Sincerely,
BRE DON BIGGS, P.E., Chief
Transportation Planning Division
BB:sM:lr
cc: J. Gregory
Attachment
LTR-Redlands Signa1QSanTim H13851 11-20-07
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
November 6, 2007
FROM: VANA R. OLSON, Director
Department of Public Works - Transportation
SUBJECT: AGREEMENT WITH THE CITY OF REDLANDS FOR TRAFFIC CONTROL
SIGNAL AT SAN TIMOTEO CANYON ROAD AND BARTON ROAD
RECOMMENDATION: Approve Cooperative Agreement No. 07-972 with the City of Redlands
(City) increasing the City's contribution from $100,000 to $205,714 and the County's contribution
from $50,000 to $102,857 for the cost of installing a traffic control signal at the intersection of San
Timoteo Canyon Road and Barton Road in the Loma Linda/Redlands area.
BACKGROUND INFORMATION: On October 5, 2004, the Board of Supervisors approved
Agreement No. 04-1053 with the Cities of Redlands and Loma Linda in which the County and City
of Loma Linda agreed to contribute $50,000 each and the City of Redlands would contribute
$100,000 toward the $200,000 estimated cost of installing a traffic control signal at the
intersection of San Timoteo Canyon Road and Barton Road. Improvements were made at the
subject intersection; however, delays in construction substantially increased the cost of this
project. The subject project is now completed at a cost of $411,428. The County's new share of
project cost is $102,857 (25%), the City of Loma Linda's portion is also $102,857 (25%), and the
City of Redlands' share is $205,714 (50%).
This proposed new agreement is between the County and City of Redlands only, as the City of
Loma Linda entered into a separate agreement with the City of Redlands for Loma Linda's share
of the project cost. In accordance with this proposed agreement, the County and the City of
Redlands agree to fund $102,857 and $205,714, respectively, toward the cost of this project.
This new agreement supersedes the original agreement in regards to the funding obligations. All
other terms and conditions of the original agreement shall remain in full force and effect. The
separate agreement between the two cities prevented the execution of an amendment to the
previous agreement. The City of Redlands approved this new agreement on October 2, 2007.
REVIEW BY OTHERS: This item was reviewed by County Counsel (Charles S. Scolastico,
Principal Assistant County Counsel, 387-5481) and the County Administrative Office (Tom
Forster, Administrative Analyst, 387-4635) on October 24, 2007.
FINANCIAL IMPACT: The total cost of this project is $411,428. Of this amount, the County's
share of cost is $102,857 (which is $52,857 greater than originally anticipated amount). The
remaining amount of $308,571 will be funded by the Cities of Redlands and Loma Linda. Funds
for the County's share of costs are available in the County Road Fund's FY 2007/08 budget.
SUPERVISORIAL DISTRICT(S): 3'
PRESENTER: Vana R. Olson, Director, 387-7906
cc: PW/Trans—Biggs wlagree
Record of Action of the Board of Supervisors
Agreement No. 07-972
Contractor—c/o PW/Trans w/agree APPROVED ALENDAR
Periculum—c/o Risk Mgmt w/agree )
Auditor—Acct Payable Mgr w/agree B UP RS
Risk Management C AN DINO
PWITrans—Olson MOTION MOV Y 4;z A SECOND AYE
County Counsel—Scolastico 1 , '3 4 5
Re4 09i06 CAO-Forster DENA MSMIT C ( A D
File w/Agreement BY
(de 11/9/07) DATED: Novern , ,
fO ITEM 033
FOR COUNTY USE ONLY
New Vendor Code Dept. Contract Number
� Change
Cancel SC T� A
�COa f�TY County Department Dept. Orgn. Contractor's License No.
SAN 13ERNAP Dl 43 Public Works —Transportation TRA TRA
r County Department Contract Representative Telephone Total Contract Amount
� Brendon Biggs (909)387-8166 $102,857
Cs:s
Contract Type
t ❑ 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
$102,857
COUNTY OF SAN BERNARDINO Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Orig.Amount
SAA TRA TRA 200 2445 17H13851 $50,000
FAS Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No, Ong.Amount
Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Orig.Amount
STANDARD CONTRACT Fund Dept.
Project Name Estimated Payment Total by Fiscal Year
SAN T/MOTEO CANYON RD FY Amount I/D FY Amount I/D
Barton Rd 06/07 $52,857 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 Caion Street Suite 222
Redlands CA 92373
Telephone Federal ID No.or Social Security No.
(909) 798-7655
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the COUNTY and CITY previously entered into an Agreement, Contract No. 04-
1053 (the "Agreement") wherein COUNTY and CITIES of Loma Linda and Redlands agreed to jointly
participate in a project to install a traffic control signal at the intersection of San Timoteo Canyon
Road and Barton Road (hereinafter referred to as PROJECT); and
WHEREAS, the construction of the PROJECT is now complete and the total cost of the
PROJECT exceeds 25% of the original project cost; and
WHEREAS, the PROJECT's total cost is $411,428. COUNTY's share of PROJECT costs is
$102,857 (25%), CITY of REDLANDS'S share of PROJECT costs is $205,714 (50%) and the
remainder $102,857 (25%) will be paid by City of LOMA LINDA in a separate arrangement between
the two Cities, as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by
reference; and
Auditor/Controller—Recorder Use ON
otontraetzatabas6 ;Q FAS
Input gate . keyed By Page 1 of 4
WHEREAS, B separate arrangement for the portion of the cost between the two Cities has
prevented an amendment to previous Agreement to be executed and resulted in the need for this
separate Agreement; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as
pertains to such participation in the remaining funding of the proposed PROJECT.
NC)VV, THEREFORE, IT IS MUTUALLY AGREED as fQ/|OVuS:
1.0 CITY AGREES TO: '
1.1 Pay for its proportionate share CfPROJECT costs. The PROJECT costs shall include the cost
of PROJECT construction design' construction engineering, and OV8dl88d. CITY'S
proportionate share OfPROJECT costs shall be $205'714 (50�� of����{)JE(�T\.
1.2 Submit to COUNTY an itemized accounting Of actual PROJECT costs incurred by CITY to
date and which have not already been paid either by COUNTY OFCITY and 8 statement for
COUNTY'S proportionate share Ofthe PROJECT costs os provided herein. Costs shall be
amended following COUNTY and CITY acceptance Qfthe final construction cost accounting. ^
1.3 /\fte[ CITY and COUNTY'S 8Coept8nDB of the COOSt[UctioD contract vvOrk. CITY shall be
responsible for performing any rn8iDten8DC8 for the PROJECT and 50% of the 8SsOCi8t8d
CO3tG.
2.0 COUNTY AGREES TO:
2.1 Pay for its proportionate share of PROJECT costs. The PROJECT costs shall include the cost
Of PROJECT construction design, COnStFu[tiQO engineering, and overhead. COUNTY'S
proportionate share Ofthe PROJECT costs shall be $102,O57 (259� OfPRC>JECT)�
2.2 Pay to CITY, On 3 reimbursement basis, its Sh8nS Of ` R()JE(�T CQstS. 'inC/udiDg its
proportionate share of any PROJECT CO8t increases pUnoU8Dt to Section 3.5 below, within
thirty /30\ days after receipt Of an itemized statement as Set forth in S8oUOn 1.10 of this
Agreement setting forth all O{tu8| PROJECT costs incurred by COUNTY to date and which
have not already been paid by either COUNTY Or CITY, together with adequate
d0CU[Dent8boDofsaid expenditures.
2.3 After CITY and COUNTY'S acceptance of the construction COntn8nt work, COUNTY Sh@|| be
RaSpODSib|e for performing any maintenance for the PROJECT and 25% of the associated
Co3tS�
3.0 IT IS MUTUALLY AGREED:
3.1 COUNTY 8gnBeS to indemnify and hold harmless the CITY, its officers, S[Dp|Oye8S. @g8Dbs'
and volunteers from any and all liabilities for injury tOperSOOS8Ddd@rRag8tOp[Operty8risiOg
out Ofany act or O0/sSiOO Of COUNTY, its Vffice[S, erDp/DVe8S. ageOtS. or volunteers in
connection with (|{}UNTY^8performance ofits obligations under this 4oree[n8DL
3.2 CITY agrees to indemnify and hold h8rD|8Ss the COUNTY, its officers, employees, agents,
and volunteers from any and all liabilities for injury tOpersons and damage L0property arising
out of any act or omission of CITY, its officers, employees, agents, or VO/UOt88rS in CODOeCtiVn
with C|TY'Gperformance Qfits 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, |o3S. Ordamage which results from their respective obligations under the Agreement,
the COUNTY and/or CITY Sh8U 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 ofthe employee shall not be construed against the employer Ofthat employee.
Page 2of4
|
�
3A COUNTY and CITY are authorized self-insured public entities for purposes of Professional
Liability, /\utOrnObUe Liability, E}8Der@| Liability, and Workers' COn0penS8tk}D and warrant that
through their programs of self-insurance, they have adequate coverage or resources to
protect against liabilities arising out Of COUNTY and C|TY'n performance of this AgnaenneD(
5.5 This Aure8rOentnOaybecancelled upon thi�v (3O) days vvri�enDOdCeOfeKhHrpadv. pnOvi---�d
hOvvevBr, that neither p8�vnlaycancel this Agreement 8fte[ (�|TY /etsoCODtF8Ct '�'- construct
the PROJECT. In the event of cancellation p[Ovided herein. all PROJECT costs required
to be paid by the Parties prior to the effective date of cancellation Sh8|/ be paid by 8 P8�'-i-s
in the proportion provided herein.
-
3.5 Except with respect to the Parties' Op8n3tioO' [O8iDt8n3ODg and indemnification obligations
COnt8/D8d herein, this Agreement shall te[rniD8tS UpOO COFOp|etiOD Of the PROJECT and
payment of final billing byCOUNTY for its share nfthe PROJECT costs.
3.7 This Agreement :ODt8iDs the entire agreement Ofthe Parties with respect to subject matterU
hereof, and supersedes all prior DegOti� oOs' understandings, oragPeeDleDtS. NOs-pp|8DleOt
rnodi�CatioD. o[8[DeOdrOeOtOfthis AoPee[neDtshall bebinding unless executed iDriUngand
�
signed by both Parties.
3.0 This Agreement Sh8|| be governed by the |8Vxs Of the State Of California. Any 8C1iOn 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, Sh8// be instituted and pFOsSCuL8d in the appropriate state court in the County of
8@n Be[n8ndiDO, California.
3.9 Time iSOfthe essence for each and every provision Ofthis Agreement.
3.10 Since the Parties or their agents have participated fully in the p[8p8n8bon of this AgreGnO8Oƒ
the language of this Agreement Sh8|| be construed simply, according to its fair meaning, @n-
-
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 S8s8 or reference only, and do not define, limit, 8UQ08n1. ordescribethe sC0pS. content, or intent of this Agreement.
3.11 NO waiver Of any default Gh8|| cQOSUtULe a waiver Of any other default Or brief, whether Of the
8@rDe Orother covenant or condition. NO vv8iVar, benefit, privilege, or service voluntarily given
or performed by Party shall give the other Party any contractual rights by custom, estoppel,'
3.12 If a court Of competent jurisdiction declares any portion Of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions Sh@|| COntiDU8 in full force and effect
unless the purpose ofthis Agreement iSfrustrated. '
113 This Agreement may besigned in counterparts, each Ofwhich shall constitute 8noriginal.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties.
�Y
Page 3 0f4
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
COUNTY AN BERNARDINO CITY OF REDLANDS
(Print pe name f orporation, co ppangy contractor etc.)
V A7 tST:
By
Paul Biane, airman, Board of Supervisors (Authorized signature-sign i iva ink)
NOV ' 6 207
Dated: Name Jon Harrison Lorrie Poyzer
F Py OF THIS
SIGNED AND C (Print or type name of person signing contract)
DOCUMENT THE Title Mayor
CHAIRMAN City Clerk
(Print or Type)
r of S ervisors Dated: October 2, 2007 October 2, 2007
f r nardino.
By Address 35 Cajon Street (PO BOX 3005–Mailing)
J?DIN0C Redlands CA 92373
Approv to Lega[For" Reviewed by Contract Compliance *Department
o for Signature
(1C/ G��IsG��'U"" r 4k f LGfloc.
County ours H d
Date Date 1 O`?—S"0'7 Date
Page 4 of 4
EXHIBIT A- Work Order H13851
ESTIMATE OF PROJECT COSTS
FOR CITY OF REDLANDS/COUNTY OF SAN BERNARDINO
FOR TRAFFIC SIGNAL INSTALLATION
IN THE REDLANDS AREA
DESCRIPTION LIMITS TOTAL COUNTY OF %OF CITY OF %OF
COST OF SAN PROJECT REDLANDS PROJECT
PROJECT BERNARDINO COUNTY SHARE CITY
SHARE
rINSTALLATION INTERSECTION OF SAN
AFFIC TiMOTEO CANYON ROAD AND °TRQL BARTON ROAD $411,428 $102,857 25/0 $205,714 50%
SIGNAL
L
TOTAL � r
$411,428 $102,857 25% $205,714 I 50°I°
The PROJECT's remaining balance of$102,857 paid by City of Loma Linda under a separate City agreement.