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HomeMy WebLinkAboutContracts & Agreements_152-2015_CCv0001.pdf FOR COUNTY USE ONLY la New FAS Vendor Code �+��++ DeptTRA A. Contract Number � �a�H,Y SC�p't�,aChange Ll Cancel SEA ePro Vendor Number ePro Contract Number 127540 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 Mervat Mikhail, P.E.,Chief (909)387-7940 $273,000 F A S Contract Type evenue F1 Encumbered M Unencumbered Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 8/11/15 12/31/17 $273,000 Fund Dept. Organization Appr. Obj/Rev Source CRC/PROJ/JOB No Amount SAA TRA TRA 9800 71H14801 $273,000 Fund Dept, Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Garnet Street Bridge FY Amount I/D FY Amount I/D Crossing Mill Creek 15116 $273,000 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: (Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment,time for performance or completion, determination of satisfactory pen°ormance and cause for termination,other terms and conditions, and attach plans,specifications,and addenda,if any.) WHEREAS, the County of San Bernardino (hereinafter referred to as COUNTY) has a bridge replacement project on Garnet Street at Mill Creek (hereinafter referred to as PROJECT), partially located within CITY; and WHEREAS,the PROJECT is funded with federal and state funds; and WHEREAS, the PROJECT consists of removing the existing bridge and constructing a new bridge located within the PROJECT area; and WHEREAS, a portion of CITY's existing waterlines, water valves and appurtenances (collectively referred to as WATERLINES) inside COUNTY road right of way will first be removed and temporarily relocated prior to the Auditor-ControllerlTreasurer Tax Collector Use On! ❑Contract Database O FAS Input Date Keyed By Page 1 of 9 removal of the existing bridge (hereinafter referred to as TEMPORARY RELOCATION or TEMPORARILY RELOCATED FACILITIES) as they are now in conflict with the proposed design of the PROJECT; and WHEREAS, the WATERLINES will then be removed from their temporary location and relocated into the new bridge structure (hereinafter referred to as FINAL RELOCATION or RELOCATED FACILITIES) as part of the PROJECT; and WHEREAS, the COUNTY's road rights are superior to any rights the CITY may have to maintain the WATERLINES in their current location; and WHEREAS, in accordance with California Streets and Highways Code section 1463, the COUNTY has informed the CITY of the required TEMPORARY RELOCATION and FINAL RELOCATION (hereinafter sometimes collectively referred to as RELOCATION) and the fact that CITY shall bear one hundred (100) percent of the costs of the RELOCATION incurred by COUNTY and its contractor(s), estimated to be $273,000 (hereinafter referred to as RELOCATION COSTS); and WHEREAS, the estimate for RELOCATION COSTS is attached as Exhibit "A," and incorporated into this Agreement by reference; 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, COUNTY and CITY desire to set forth the responsibilities and obligations of each in regards to the RELOCATION. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the construction of the RELOCATION and the PROJECT. 1.2 Obtain a no-cast permit from the CITY for construction of the PROJECT. 1.3 Advertise, award, and administer the construction of the PROJECT, which shall include the RELOCATION, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.4 Require its construction contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in the COUNTY's Policy Manual, which are currently found in County Policy Numbers 11-07 and 11-07SP. COUNTY shall require its construction contractor to name CITY as an additional insured on any insurance policies that are required for the construction work and such insurance shall be primary with respect to CITY and non-contributing to any self-insurance maintained by CITY. Upon request, COUNTY shall provide contractor's certificate of insurance to CITY. 1.5 Have zero (0) percent financial obligations for RELOCATION design and RELOCATION COSTS. 1.6 Upon completion of the RELOCATION or PROJECT, submit to CITY a final invoice for the actual RELOCATION COSTS incurred by COUNTY. ' 1.7 Comply with any applicable requirements of the National Environmental Policy Act(NEPA), Title 42 of the United States Code, Section 4321 et seq., the California Environmental Quality Act (CEQA), California Public Resources Code section 21000 et seq., as well as completing the required CEQA and NEPA documentation. 1.8 Issue no-cost permit(s)for the RELOCATION within COUNTY right-of-way. 1.9 Invoice CITY for the actual RELOCATION COSTS as they are incurred by COUNTY and/or its contractors. City of Redlands—Garnet Street Bridge at Mill Creek Revised 0110612015 Page 2 of 9 2.0 CITY AGREES TO: 2.1 Be solely responsible for the RELOCATION design work and related costs. 2.2 Pay 100 percent of the RELOCATION COSTS. The Parties acknowledge that the amounts set forth in Exhibit A are a good faith estimate of the RELOCATION COSTS. The actual cost will not be known until costs are incurred and completion of RELOCATION work and receipt of all invoices. The Parties recognize and agree that the RELOCATION COSTS may be greater than estimated in Exhibit A and additional costs may be warranted for a variety of reasons, including, but not limited to, unforeseen site conditions, emergency repairs, increased bid prices, increased quantities and/or change orders. 2.3 Provide a no-cost permit to COUNTY for the construction of the PROJECT within CITY right-of-way. 2.4 Provide CITY approved plans and specifications for the RELOCATION for COUNTY's review and approval before the COUNTY submits final plans to Caltrans. 2.5 Pay the actual RELOCATION COSTS incurred by COUNTY and/or its contractors to COUNTY within thirty (30) calendar days after receipt of the invoice described in Paragraphs 1.6 and 1.9. 2.6 Provide a qualified CITY representative to provide full time inspection of all items of RELOCATION, including but not limited to grading, excavations, trench safety, pipeline construction, water shut downs, Best Management Practices, pipeline disinfection, etc. performed under the PROJECT construction contract by COUNTY's contractors or subcontractors for the RELOCATION and maintain adequate records of inspection and materials testing for review by COUNTY. CITY representative shall perform the inspection and/or materials testing within 24 hours of a COUNTY request so as not to cause any delays in construction. COUNTY's request will be from an authorized representative of the COUNTY Department of Public Works Contracts Division. COUNTY's request to CITY's representative may be made by electronic mail or telephone to: Bassam Alzammar Email: balzammar(a)cityofredlands.orq Telephone: (909) 798-7588 2.7 In the event CITY does not perform the inspection and/or materials testing requested by COUNTY within the time described in Paragraph 2.6, COUNTY and/or its contractor(s) may perform the inspection and/or materials testing and CITY shall accept the results of such inspection and/or testing. CITY shall also be responsible for all costs incurred by COUNTY associated with any failure by CITY to inspect or test within the time provided in Paragraph 2.6, including, by not limited to, delay damages and inspection costs incurred COUNTY. The Parties acknowledge that if the COUNTY or its contractor(s) performs the inspection or testing, the inspection and testing is for the protection of COUNTY's interests only and under no circumstances shall the inspection or testing be construed to impose liability or responsibility of any nature on COUNTY to any party. Neither CITY nor any contractor, subcontractor, materialmen, laborer, or any other person shall rely, or have a right to rely, upon any inspection performed by COUNTY or COUNTY's contractor(s). 2.8 CITY representative must be able to resolve issues in a timely manner to avoid delay claims. 2.9 CITY shall provide copies of any records of inspection and materials testing to COUNTY within ten (10) calendar days of CITY's receipt of written demand from COUNTY for such records. 2.10 After CITY's acceptance of the TEMPORARY RELOCATION work, CITY shall comply with all applicable COUNTY and San Bernardino County Flood Control District regulations, policies, permits and procedures with regards to the TEMPORARILY RELOCATED FACILITIES. City of Redlands-Garnet Street Bridge at Mill Creek Revised 01/06/2015 Page 3 of 9 2.11 After CITY's acceptance of the FINAL RELOCATION work, CITY shall be solely responsible for any and all liabilities associated with said work and facilities, including, but not limited to, the operation, protection and lifetime maintenance of the RELOCATED FACILITIES. CITY shall also comply with all applicable COUNTY and San Bernardino County Flood Control District regulations, policies, permits and procedures in regards to the RELOCATED FACILITIES. 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 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 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 officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from the CITY's negligent acts or omissions 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. 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 Professional Liability, Automobile Liability, General Liability, and Workers' Compensation and warrants 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 ultimately exceed the current estimate for RELOCATION COSTS. CITY shall be solely responsible for any additional RELOCATION COSTS associated with the RELOCATION due to any cause, including, but not limited to, unforeseen site conditions, increased bid prices, increased quantities and/or change orders over the estimated RELOCATION COSTS of $273,000. If 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. 3.7 COUNTY shall notify CITY of the bids received and the amounts thereof. 3.8 In the event that change orders for the RELOCATION work 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 electronic mail and must be returned within two (2) working days. 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. 3.9 This Agreement shall terminate upon receipt of a notice of completion of the PROJECT and satisfaction of Paragraph 2.5, or December 31, 2017 (whichever occurs first). The obligations described in Paragraphs 2.9, 2.11, 3.1, 3.2, and 3.3 shall survive termination of this Agreement. 3.10 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. City of Redlands--Garnet Street Bridge at Mill Creek Revised 01/06/2015 Page 4 of 9 3.11 If this Agreement is funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009, the COUNTY and CITY shall comply with the following provisions: Use of ARRA Funds and Requirements -This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr'gov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards- In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). City of Redlands—Garnet Street Bridge at Mill Creek Revised 01/06/2015 Page 5 of 9 In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Whistleblower Protection - Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State,from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract)awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. 3.12 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. 3.13 Time is of the essence for each and every provision of this Agreement. 3.14 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. 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. 3.15 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. 3.16 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. 3.18 Nothing contained in this Agreement shall be construed as a relinquishment of any rights now held by the CITY or COUNTY. 3.19 This Agreement shall become effective on the date it is executed by the COUNTY and CITY. City of Redlands—Garnet Street Bridge at Mill Creels Revised 01/06/2015 Page 6 of 9 3.20 The recitals are incorporated into the body of this Agreement. COUNTY OF S R ARDINO CITY OF REDLANDS (Print or type name of corporation,comp y,contractor,etc.) ► By ► W James Ramio, Chairman, oard of Supervisors (Authorized signature-sign in blue ink) Dated: AUG 11 2015 Name Paul W. Foster (Print or type name of person signing contract) SIGNED AND CE -FIt �` 1. �G Mayor DOCUMENTH [7 'IV HE �••� ;11hTitle CHAIRMAN O 1>~130A EA, r� � ' S,C ®� (Print or Type) Dated: T111V 91, 2015 — 4 da f 'e anz q N th C un of ry rc} �Q ATTEST:Sam Irwin, City Clerk By \ �' �. Address 35 Caion Street, Suite 200 (P.O. Box 05 � g� Redlands, CA 92373 4T G0 Approved as to Legal mi 4Rjjjp;0j* ontract Compliance Pres�e��nted to BOS for Signature �Q ► ,� t_ L''�� ► Ili-- Scott M. Runyan,Deputy County Counsel Grant C.Mann q6rr�Newcombe,Department Head Date 2 7 Date -3 Date IZ�I I City of Redlands-Garnet Street Bridge at Mill Creek Revised 01/06/2015 Page 7 of 9 EXHIBIT A ESTIMATE OF PROJECT COSTS County of San Bernardino / City of Redlands For Garnet Street Bridge at Mill Creek Waterline Relocation Redlands Area TOTAL COST OF COUNTY OF %OF CITY OF REDLANDS % PROJECT DESCRIPTION PHASE OF WORK PROJECT SAN PROJECT SHARE REDLANDS BERNARDINO COUNTY SHARE CONSTRUCTION $257,600 $0 0% $267,600 100% WATERLINE CONSTRUCTION RENGINEERING RELOCATION (PROJECT GARNET STREET AT INSPECTION AND $11,400 $0 0% $11,400 100% MILL CREEK COMPACTION TESTING) CONSTRUCTION QQ6 $0 O%$4, ° SURVEY $4,000 100/° TOTAL $273,000 $0 0% $273,000 100% PROJECT costs may be increased or decreased based on actual costs. City of Redlands-Garnet Street Bridge at Mill Creek Revised 01/06/2015 Page 8 Of 9 EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL. PROJECT: GARNET STREET BRIDGE AT MILL CREEK COUNTY OF SAN BERNARDINO CONTRACT# File: WO#H14801 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of Redlands and County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF REDLANDS ACTION: I I ❑APPROVED for Implementation with 100%Participation by CITY OF REDLANDS ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by CITY OF REDLANDS ❑ % of Actual Cost to be Funded by CITY OF REDLANDS ❑ CITY OF REDLANDS Participation Not to Exceed$ ❑ 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 istribution_Signed Original Returned to Resident Engineer(FAX#909-387-7920) Signed Original for CITY OF REDLANDS File City of Redlands--Garnet Street Bridge at Mill Creek Revised 01/0612015 Page 9 of 9 REPORT/RECOMMENDATION; SITTING AS THE GOVERNING BOARD OF THE FOLLOWING: SAN BERNARDINO COUNTY, CALIFORNIA SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND RECORD OF ACTION August 11, 2016 a it ct r ® Department f Public Works - Transportation Flood tr I District SUBJECT: COOPERATIVE AGREEMENT CITY OF REDLANDS, WAIVER PERMIT FEES, AND PLANS AND SPECIFICATIONSBRIDGE REPLACEMENT PROJECT ON GARNET STREET AT MILLg MENTONE AREA LJ 1, Acting as the governing body of the County of San Bernardino (County). . Approve Cooperative Agreement No. 16-562between the County and the City of Redlands (City), wherein the County will take the lead in relocating the City's waterline facilities that are in conflict with the County's bride replacement project on Garnet Street at Mill Creek in the Mentone area (Project) with the City agreeing to pay one hundred percent of the County's construction costs associated with said relocation work.. b, Waive, the permit/inspection fees associated with the City waterline facilities in County road right-of-gray, and find such waiver serves a County purpose. . Approve the plans and specifications for the Project, as signed and sealed by a registered civil engineer. . noting as the governing body of the San Bernardino County Flood Control District (District): a. Waive the permit/inspection fees associated with granting the County of SartBernardino access to District right-of-way in order to construct the Project, and find such waiver serves a District purpose. b, Waive the permit/inspection fees associated with granting the City of Redlands access to District right-of-way in order to place a temporary waterline within Mill Creek and a permanent waterline within the new bridge during the Project, and find such waiver serves a District purpose: (Presenter: Gerry Newcombe Director, 387-7906) Page 1 of cc: PW- lecornbe Record of Action of theaf-dirvotv 1 rs Transportation—Mikhail w/Agree w Or—. ontractor c/%PW w/Agree ATC-Acct. Pay.Mgr. /Agree Gen.Acct. Mgr. EBI -BPO c/o Pink Mgmt, 16 CAo>-earth T� o "E,r E - File-w/Agree ii � ; ' 5 I1 /1 ._ .. Reu7-14-15 ITEM 48 DATED: ��ditli, 2015 COOPERATIVE AGREEMENT WITH THE CITY OF REDLANDS, WAIVER OF PERMIT FEES, AND PLANS AND SPECIFICATIONS FOR THE BRIDGE REPLACEMENT PROJECT ON GARNET STREET AT MILL CREEK, MENTONS AREA AUGUST 11, 2015 PAGE 2OF3 BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Ensure Development of a Well-Planned, Balanced, and Sustainable County. Pursue County Goals and Objectives by Working with Other Governmental Agencies. FINANCIAL IMPACT Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). All costs associated with roadway and bridge construction of the Project are funded by Federal Highway Bridge Replacement and Rehabilitation Program (HBRR) funds (80%) and Toll Credits (20%). The County anticipates HBRR funding approval in 2015-16 for construction. The federal Toll Credits Program allows the State to use toll revenues to meet non-federal state matching requirements and waive the County's requirement to participate with a local match. Except for the costs associated with waiving County and District permit fees, all costs associated with waterline relocations estimated at$273,000 will be funded by the City. BACKGROUND INFORMATION The bridge replacement project on Garnet Street at Mill Creek in the Mentone area, in conjunction with the federal, state, county and city, will achieve a well-planned, balanced and sustainable County by accommodating both future traffic needs and a 100-year storm event. The Project consists of removing the existing steel truss bridge and constructing a new 58 foot by 200 foot bridge on a two span, cast-in-place, pre-stressed concrete box girder superstructure, including new abutments, a pier wall support and spread footings. The project also consists of roadway reconstruction north and south of the bridge, partially grouted stone rip rap on side slopes, installing falsework, constructing a temporary non-asphalt detour road, and constructing both temporary and permanent waterlines. All work for the Project will be done within the existing road and District right-of-way, and no additional right-of-way will need to be acquired. The City has requested that the County include the following waterline relocation work as part of the Project: remove waterline within the existing bridge, construct temporary and permanent 12" waterlines and valves, install blow-off fire hydrant, and various other related items. The Cooperative Agreement (Agreement) will allow the County to include the City's waterline relocation work as part of the Project, and sets forth the roles and responsibilities of each agency. Since the County has prior rights within the public right-of-way, the City will pay to the County all costs associated with the County's contractor installing a temporary waterline and relocating a permanent waterline. The Department recommends that the Board approve the Agreement and include the waterline relocation work as part of the Project, since there is a County purpose in completing the necessary bridge work and waterline relocation work at the same time and by the same contractor to minimize the potential disruption to traffic on Garnet Street. 8/11/15#48 COOPERATIVE AGREEMENT WITH THE CITY OF REDLANDS, WAIVER OF PERMIT FEES, AND PLANS AND SPECIFICATIONS FOR THE BRIDGE REPLACEMENT PROJECT ON GARNET STREET AT MILL CREEK, MENTONE AREA AUGUST 11, 2015 PAGE 3OF3 The County will provide the City with construction bid amounts for their review prior to awarding the contract. The City will pay all invoices for the water relocation work within 30 days of receipt. The Agreement will terminate upon completion of both projects and payment or refund by/to the City as described above, or on December 31, 2017 (whichever occurs first). The City approved the Agreement on July 21, 2015. The County issued Permit No. A15000002 to the City for the installation of a permanent waterline within the new bridge and all other related work. The District issued Permit No. P-32015028 to the County for the demolition of the existing bridge, construction of a new bridge, installation of a temporary detour road, and all other related work. The District issued Permit No. P-32015027 to the City for the installation of a temporary waterline within Mill Creek, a permanent waterline within the new bridge, and all other related work. On July 23, 2013 (Item No. 24), the Board adopted the Mitigated Negative Declaration for the Project, approved the project as defined in the Notice of Determination, and directed the Clerk of the Board to file and post said notice fulfilling the County's obligation under the California Environmental Quality Act (CEQA). Because the project is funded by federal funds, it must be reviewed pursuant to the federal National Environmental Policy Act (NEPA), Title 42 of the United States Code, section 4321 et seq., as well as for compliance with CEQA. The Federal Highway Administration (FHWA) is the lead agency for the NEPA review of the project. The California Department of Transportation (Caltrans) administers NEPA for the FHWA in California. Caltrans has completed its NEPA review of the project, and a Categorical Exclusion with supporting technical studies was finalized on June 11, 2015. The Project's plans and specifications are on file with the Clerk of the Board. Upon approval of the HBRR funding for construction, the Department will return to the Board for approval to advertise the Project in accordance with Section 22037 of the California Public Contract Code. PROCUREMENT Not applicable. REVIEW BY OTHERS This item has been reviewed by County Counsel (Scott M. Runyan, Deputy County Counsel, 387- 5455) on July 6, 2015 and (Mitchell L. Norton, Deputy County Counsel, 387-5455) on July 8, 2015; Finance (Deborah Garth, Administrative Analyst, 387-5426) on July 27, 2015; and County Finance and Administration (Mary Jane Olhasso, Assistant Executive Officer, 387-4599) on July 27, 20'15. 8/11/15#48