HomeMy WebLinkAboutContracts & Agreements_53-2023THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
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
21-576 A-1
SAP Number
Arlene Chun, M.S., P.E.,
Engineering Manager
(909)387-8165
Wabash Avenue and Other Roads
City of Redlands
Goutam Dobey, City Engineer
(909)798-7584
Expiration 12/31/2026
$64,000
$77,000
$141,000 (not -to -exceed $176,250)
6650002142 40608842 34TX1809
Amendment No. 1
WHEREAS, the San Bernardino County (COUNTY) and the City of Redlands (CITY) entered into County
Contract No. 21-576 (hereinafter referred to as "Agreement") on July 27, 2021 to participate in and fund the
construction of a pavement rehabilitation project for various roads located in the Mentone, Redlands and
Yucaipa areas (known as "PROJECT"); and,
WHEREAS, COUNTY and CITY, hereinafter are also referred to as "Party" and collectively as "Parties", desire
to amend the Agreement to update the PROJECT costs based on construction contract bid amount, the addition
of prep work and application of slurry seal on City's portion of the road, and material testing.
NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, the Parties
hereto agree the Agreement, County Contract No. 21-576, is amended as follows:
1. DELETE the existing sixth WHEREAS recital and REPLACE it with a revised sixth WHEREAS recital, which
shall read as follows:
WHEREAS, the total PROJECT cost is estimated to be $4,874,000; and,
Standard Contract Page 1 of 5
2. DELETE the existing seventh WHEREAS recital and REPLACE it with a revised seventh WHEREAS recital,
which shall read as follows:
WHEREAS, COUNTY's share of PROJECT cost is estimated to be $4,733,000 and the CITY's share of
PROJECT cost is estimated to be $141,000 as more particularly set forth in Exhibit "B-1", which is attached
hereto and incorporated herein by this reference; and,
3. DELETE the existing paragraph 1.10 and REPLACE it with a revised paragraph 1.10, which shall read as
follows:
1.10 Based on the COUNTY percentage calculated pursuant to Paragraph 1.9, pay its share of the
PROJECT cost. The PROJECT cost shall include cost of design, utility relocation, construction,
construction engineering, inspection, CEQA compliance, and COUNTY overhead. COUNTY's share
of PROJECT cost is estimated to be $4,733,000 and shall not exceed $5,916,250 (25% increase over
the COUNTY's PROJECT cost estimate) absent a written amendment to this Agreement pursuant to
Paragraph 3.17 below.
4. DELETE the existing paragraph 1.11 and REPLACE it with a revised paragraph 1.11, which shall read as
follows:
1.11 Submit to the CITY an itemized accounting of actual PROJECT costs incurred by COUNTY and an
invoice. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with
adequate documentation of said expenditures. CITY's share of PROJECT costs is estimated to be
$141,000 and shall not exceed $35,250 (25% increase over the PROJECT cost estimate) for
unanticipated PROJECT cost, bringing a possible total amount not -to -exceed $176,250.
5. DELETE the existing paragraph 2.3 and REPLACE it with a revised paragraph 2.3, which shall read as
follows:
2.3 Provide a qualified CITY representative who has the authority to discuss and resolve PROJECT issues;
and the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or
telephone that an inspection is required within the CITY's limits.
6. DELETE the existing paragraph 2.4 and REPLACE it with a revised paragraph 2.4, which shall read as
follows:
2.4 Based on percentage calculated pursuant to Paragraph 1.9 above, pay CITY's share of the PROJECT
costs. The PROJECT cost shall include design, utility relocation, construction, construction
engineering, inspection, CEQA compliance, and COUNTY overhead. CITY's share of the PROJECT
cost is currently estimated to be $141,000 and shall not exceed $35,250 (25% increase over the
PROJECT cost estimate) for unanticipated PROJECT cost, bringing a possible total amount not -to -
exceed $176,250.
7. DELETE the existing paragraph 3.7 and REPLACE it with a revised paragraph 3.7, which shall read as
follows:
3.7 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of
PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders,
or arising from unforeseen site conditions, including utility relocation (but not from requested
additional work by COUNTY or CITY, which is addressed in Paragraph 3.8 below) over the estimated
total of the PROJECT's cost of $4,874,000 (which is the sum of $4,733,000 from COUNTY and
$141,000 from CITY) shall be borne by each Party based on where the work is required (e.g. whether
the work is required in the COUNTY or CITY jurisdiction).
8. DELETE the existing Exhibit "B" and REPLACE it with Exhibit "B-1", attached to this Amendment and
incorporated into County Contract No. 21-576 by this reference.
Revised 1/10123 Page 2 of 5
9. The recitals of this Amendment No. 1 are incorporated into County Contract No. 21-576 by reference.
10. Except as amended by this Amendment No. 1, all other terms and conditions of County Contract No. 21-
576 shall remain the unchanged.
11, This Amendment No. 1 may be executed by the Parties in counterparts, all of which together shall constitute
a single agreement.
12. This Amendment No. 1 to the Agreement, County Contract No. 21-576, is effective on the date it is approved
and signed by both Parties and shall conclude upon satisfaction of the terms identified in paragraph 3.16 of
the Agreement or on December 31, 2026, whichever occurs first.
SIGNATURES ON THE FOLLOWING PAGE
Revised 1/10/23 Page 3 of 5
SAN BERNAR INO COUNTY
► , &"'
Dawn Rowe, Chair, Board of Supervisors
Dated: APR 112023
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DEiL,)VERED,:TO THE
CHAIRMAN OF T fER
nl
f _Q; rEaf'Supervisors
By
0 '
FOR COUNTY USE ONLY
Approved as to Legal Form
► SEE ATTACHED ►
Aaron Gest, Deputy County Counsel An
Date
(Print or type e of co�rporrattiion, c pony, contractor, etc.)
By
► V
(Authorized signa ure Isign in blue ink)
Name Eddie Tejeda
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated: 3 �Z I 2 5
Address 3
ATTEST:
e ne Donaldson, City Clerk
Date 3 ] ! 23�'
manager
S
ReviewedlAppr veedd by Department
I.'� !r-
Brencln Biggs. Director
Date `(y 3- �"'?
Revised 1110/23 Page 4 of 5
SAN BERNARDINO COUNTY
0.
Dawn Rowe, Chair, 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 Board of Supervisors
San Bernardino County
By
Deputy
(Print or type name of corporation, company, contractor, etc.)
By 111.
(Authorized signature - sign /n blue Ink)
Name
Title
Dated:
Address
(Print or type name of person signing contract)
(Print or Type)
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Aaron Gest, Deputy County Counsel Andy Silao, P.E., Engineering Manager Brendon Biggs, Director
Date 3/30/23 1 Date
Date
Revised 1/10/23 Page 4 of 5
Exhibit B-1
ESTIMATE OF PROJECT COSTS
FOR CITY OF REDLANDS AND SAN BERNARDINO COUNTY
PAVEMENTIMPROVEMENTS
IN THE MENTONE, REDLANDS, AND YUCAIPA AREAS
WABASH AVENUE AND OTHER ROADS
CITY OF
SAN BERNARDINO
REDLANDS
DESCRIPTION
TOTAL COST
COUNTY SHARE
SHARE
Construction and
$3,722,000
$3,602,000
$120,000
Contingency
All Other Costs such as
design, survey, CEQA
compliance, construction
$1,152,000
$1,131,000
$21,000
engineering, inspection
and County overhead
Total
$4 874 000
$4 733 000
$141 000
Revised 1/10/23 Page 5 of 5
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 11, 2023
FROM
BRENDON BIGGS, Director, Department of Public Works — Transportation
SUBJECT
Amendment to Cooperative Agreement with the City of Redlands for Wabash Avenue and Other
Roads Project in the Mentone, Redlands, and Yucaipa Areas
RECOMMENDATION(S)
Approve Amendment No. 1 to Cooperative Agreement No. 21-576 with the City of Redlands to
increase the estimated contribution amounts for the City of Redlands by $77,000, from $64,000
to $141,000 and San Bernardino County by $1,312,000, from $3,421,000 to $4,733,000, for a
total increase to the Wabash Avenue and Other Roads Project in the Mentone, Redlands, and
Yucaipa areas of $1,389,000 from $3,485,000 to $4,874,000, with no change to the contract
period of July 27, 2021 through December 31, 2026.
(Presenter: Brendon Biggs, Director, 387-7906)
Operate in a Fiscally -Responsible and Business -Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County
Cost). The amendment will increase the total estimated cost for the Wabash Avenue and Other
Roads Project in the Mentone, Redlands, and Yucaipa areas (Project) by $1,389,000, from
$3,485,000 to $4,874,000. San Bernardino County's (County) estimated share of the Project
cost is increasing by $1,312,000, from $3,421,000 to $4,733,000 and will be funded with
Measure "I" Local Streets Program — San Bernardino Valley Subarea funds. The City of
Redlands' (City) estimated share of the Project cost is increasing by $77,000, from $64,000 to
$141,000. Sufficient appropriation and revenue are included in the Department of Public Works
2022-23 Measure "I" Local Street Program — San Bernardino Valley Subarea budget
(6650002142 34TX1809) and will be included in future recommended budgets.
BACKGROUND INFORMATION
The Project consists of 30.64 miles of pavement reconstruction, mill and overlay, application of
oil -based slurry seal and chip seal to the various roads. On July 27, 2021 (Item No. 40), the
Board of Supervisors (Board) approved Cooperative Agreement No. 21-576 (Agreement) with
the City for the Project. Based on the terms of the Agreement, the total Project cost was
estimated to be $3,485,000 with the City and County's shares of the estimated cost of $64,000
and $3,421,000, respectively.
Item 39
Page 1 of 3
Amendment to Cooperative Agreement with the City of Redlands for
Wabash Avenue and Other Roads Project in the Mentone, Redlands, and
Yucaipa Areas
April 11, 2023
Based on the construction contract bid amount, the addition of prep work and application of
slurry seal on the City's portion of the road, and matedat testing, the total Project cost increased.
However, because the City did not have sufficient funding in its current budget for 2022-23,
execution of Amendment No. 1 to the Agreement was placed on hold. The City now agrees to
move forward with the execution of Amendment No. 1. Project construpction completion is
anticipated late spring 2023.
Approval of Amendment No. 1. revises the parties share of costs, as well as requires the City to
provide a qualified representative to inspect the Project's construction site, if required. The City
approved Amendment No. 1 to County Contract No. 21-576 on March 21, 2023.
This item meets theCountyand the Chief Executive Officer's goals and objectives of operating
in a fiscally responsible and business -like manner and working with other agencies, and
stakeholders by allowing the County to continue working with the City to ensure the Project is
completed.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-
5455) on March 16, 2023; Finance (Carl Lofton, Administrative Analyst, 387-5404) on March 24,
2023; and County Finance and Administration (Paloma Hernandez -Barker, Deputy Executive
Officer, 387-5423) on March 27, 2023.
Item 39
Page 2 of 3
Amendment to Cooperative Agreement with the City of Redlands for
Wabash Avenue and Other Roads Project in the Mentone, Redlands, and
Yucaipa Areas
April 11, 2023
Record of Action of the Board of Supervisors
San Bernardino County
APPROVED (CONSENT CALENDAR)
Moved: Joe Baca, Jr. Seconded: Curt Hagman
Ayes: Col. Paul Cook (Ret.), Jesse Armendarez, Dawn Rowe, Curt Hagman, Joe Baca, Jr.
Lynna Monell, CLERK OF THE BOARD
BY 'e dx -
DATED. Al ril 11, 20 3
Iti�H�tSH t�IY �� t
�Rd)1NO Co
cc: PW/Trans- Chun w/agree
Contractor -CIO PW/Trans wlagree
File- wlagree
LA 04/12/2023
Item 39
Page 3of3