HomeMy WebLinkAboutContracts & Agreements_11-2021THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
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SAN BERNARDINO
COUNTY
Public Works
Department Contract Representative
Telephone Number
Project
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS
Contract Number
09/
SAP Number
Sundaramoorthy (Sri) Srirajan,
P E , Engineering Manager -
Transportation Planning Division
(909) 387-8166
Garnet Street and other roads
City of Redlands
Goutam K Dobey, P E ,
Engineering Manager
(909) 798-7584 ext 2
4/06/2021 —12/31 /2023
6650002000 34H15015
WHEREAS, the County of San Bernardino (COUNTY) and the City of Redlands (CITY) (COUNTY and
CITY are also each referred to herein as "Party" and collectively referred to herein as "Parties") desire to
cooperate and jointly participate in a pavement rehabilitation and other related improvements in the Redlands
area, see Exhibit "A" for list of proposed roads (which is attached hereto and incorporated herein by this
reference and hereinafter referred to as PROJECT), and
WHEREAS, the PROJECT is located in the unincorporated area of the COUNTY and the incorporated
area of the CITY, and
WHEREAS, the total PROJECT cost is estimated to be $1,041,000, and
and
WHEREAS, CITY is unable to fund its share of PROJECT costs as CITY has already allocated its
remaining Pavement Management Program funds,
WHEREAS, the costs are proportioned based on the work to be performed in each Party's jurisdiction,
WHEREAS, the COUNTY desires to provide financial assistance to the CITY to design and construct the
PROJECT, and
Standard Contract Page 1 of 7
WHEREAS, COUNTY's share of PROJECT cost is estimated to be $1,035,000 and the CITY's share of
PROJECT cost is estimated to be $6,000, as more particularly set forth in Exhibit "B", which is attached hereto
and incorporated herein by this reference, and
WHEREAS, COUNTY desires to provide CITY with financial assistance in providing the CITY's share of
PROJECT in accordance with Streets and Highways Code section 1680, et seq , as there is a general COUNTY
interest in the PROJECT, and
WHEREAS, it is anticipated that the PROJECT costs will be from COUNTY Senate Bill 1 Road
Maintenance and Rehabilitation Account funds, and
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract
with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of
CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and
roads, and
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient
maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT, and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they
pertain to such participation, and to the design, construction, and funding of the proposed PROJECT
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows
1 0 COUNTY AGREES TO
1 1 Act as the Lead Agency in the design, survey, California Environmental Quality Act (CEQA)
compliance (Public Resources Code section 21000 et seq ), construction, construction
engineering, and inspection of the PROJECT
1 2 Provide plans and specifications for the PROJECT for CITY's review and approval
1 3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY,
which have been reviewed and approved by CITY
1 4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the
entire PROJECT limits
1 5 Obtain a no -cost permit from the CITY for work performed within the CITY's right-of-way
1 6 Advertise, award, and administer the construction of the PROJECT, in accordance with the
provisions of the California Public Contract Code applicable to counties
1 7 Require its contractor to maintain 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 8 Provide adequate inspection of all items of work performed under the construction contract(s) with
COUNTY's contractors or subcontractors for the PROJECT and maintain adequate records of
inspection and materials testing for review by CITY COUNTY shall provide copies of any records
of inspection and materials testing to CITY within ten (10) days of COUNTY's receipt of written
demand from CITY for such records This shall be included as a PROJECT cost
1 9 Pay its share of actual PROJECT costs The actual PROJECT costs shall include the cost of
PROJECT design, survey CEQA compliance, construction, construction engineering, inspection
and COUNTY overhead costs COUNTY's share of PROJECT costs is estimated to be
$1,035,000
1 10 Pay CITY's share of actual PROJECT costs CITY's share of PROJECT costs is estimated to be
$6,000
2 0 CITY AGREES TO.
2 1 Provide a no -cost permit to the COUNTY for its work in the CITY's right-of-way
2 2 Review and approve the plans and specifications of the PROJECT
Revised 7/15/19 Page 2 of 8
3 0 IT IS MUTUALLY AGREED
3 1 Except for activities that are impossible to perform during the construction phase of PROJECT,
before, during and after CITY's and COUNTY's acceptance of completed PROJECT, the
COUNTY shall be responsible for performing any and all work (including, but not limited to,
maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the
COUNTY unincorporated area and the CITY shall be responsible for performing any and all work
(including, but not limited to, maintenance) for City streets in the PROJECT limits that are in the
CITY incorporated area
3 2 COUNTY agrees to indemnify, defend and hold harmless the CITY and its officers, employees,
agents, and volunteers from any and all claims, actions or losses, damages, and/or liability
resulting from COUNTY's negligent acts or omissions which arise from COUNTY's performance
of its obligations under this Agreement
3 3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents and volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY's negligent acts or omissions which arise
from CITY's performance of its obligations under this Agreement
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
3 5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its
own costs, including attorney(s) fees This paragraph shall not apply to the costs or attorney(s)
fees relative to paragraphs 3 2, 3 3 and 3 4
3 6 COUNTY and CITY are authorized self -insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability and Worker's Compensation, and warrant that
through their respective 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 7 If either COUNTY or CITY requests additional work that is beyond the scope of the original
PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work,
if approved by both Parties pursuant to paragraph 3 11 will be paid solely by the agency
requesting the work
3 8 In the event that change orders are required during the course of the PROJECT, said change
orders must be delivered by fax or email and must be returned within two (2) days The CITY shall
not unreasonably withhold approval of change orders If a CITY disapproved or modified change
order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any
costs, awards, judgments or settlements associated with the disapproved or modified change
order
3 9 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party,
provided however, that neither Party may cancel this Agreement after COUNTY awards a contract
to construct the PROJECT The Parties recognize and agree that the provisions governing utility
relocation and construction are dependent upon the Parties first satisfying CEQA As provided in
this paragraph, the Agreement may be cancelled with or without cause, before, during and after
CEQA review/approval
3 10 Except as provided in paragraphs 3 9 and 3 18, and except for the Parties' operation,
maintenance and indemnification obligations contained herein which shall survive termination,
this Agreement shall terminate upon completion of the PROJECT
3 11 This Agreement contains the entire agreement of the Parties with respect to 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 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 PROJECT, shall be
Revised 7/15/19 Page 3 of 8
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 or against any Party Any term referencing time, days or period for performance shall
be deemed COUNTY 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 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 This Agreement will be effective on the date signed and approved by both Parties and shall
terminate upon satisfaction of the terms identified in paragraph 3 10 or December 31, 2023
(whichever occurs first)
3 19 The Recitals are incorporated into the body of this Agreement
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands
Revised 7/15/19 Page 4 of 8
COUNTY OF SAN BERNARDINO
Curt Hagman, Chairman oard of Supervisors
Dated APR 0 6 2021
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT H • , • ' VERED TO THE
CHAIRMAN
of Supervisors
n Bernardino
By
FOR COUNTY USE ONLY
CITY -Of REDLANIb$
(Print or type name of
By
contractor, etc.)
(Authorized signature - sign in blue ink)
Name Paul Banch
(Print or type name of person signing contract)
Title Mayor
Dated 2-/2'2
Address
(Print or Type)
PO Box 3005
Redlands, CA 92373
Approved as to Legal Form
Suzanne Bryant, Deputy County Counsel
Date
Reviewed for Contract Compliance
Reviewed/Appr ed by Dep rtment
Brendon Biggs Director
Date
Revised 7/15/19 Page 5 of 8
COUNTY OF SAN BERNARDINO
Curt Hagman, Chairman Board of Supervisors
Dated
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynne Monell
Clerk of the Boad of Supervisors
of the County of S31 Bernardino
BY
FOR COUNTY USE ONLY
Approved as b Legal Farm
ty
gipt
Deputy
CITY F REDLANDS
(Print or type name of
(Authorized signature • sign In blue ink)
Name Paul Bench -
(Print or type name ofperson signing cvrrtrsct)
Title Mayor
(Print or Type)
Dated
Address
FO Box 3005
Redlands. CA 92373
Reviewed for Contract Compliance
Andy Sileo, P.E
Date
Reviewed/Approved iy Department
Brandon Biggs, Director
Date
Revised 7/15/19
Pace 5 of 8
EXHIBIT A
ROAD LIST FOR COUNTY/CITY PAVEMENT REHABILITATION IN THE REDLANDS AREA
Road Name Road Limits
County City
Length 1 Length
Shared Roads
Total
Length I Scope of work
FLORIDA STREET
GREENSPOT RD E/GARNET
ST
071
0 04
0 75 Mill and Overlay
GARNET STREET
County Only Roads
29M S,NEWPORT AVE 0 45
N/FLORIDA ST
0 00
0 45
Mill and Overlay
GREENSPOT
ROAD
19 N,FLORIDA ST S/FLORIDA
STREET
0 22
0 00
0 22
Mill and Overlay
Total
1 38
0 04
1 42
Revised 7/15/19 Page 6 of 7
EXHIBIT B
DESCRIPTION
AMOUNT
COUNTY OF SAN
BERNARDINO
SHARE
CITY OF REDLANDS
SHARE
Garnet Street and other
roads
$1,041,000
$1,035,000
$6,000
TOTAL
$1,041,000
$1,035,000
$6,000
Revised 7/15/19 Page 7 of 8
EXHIBIT C
COUNTY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
Work Order H15015
LOCATION MAP
GARNET STREET AND OTHER ROADS
Florida Street, Greenspot Road
Pavement Rehabilitation
Revised 7/15/19 Page 8 of 8