Loading...
County of San Bernardino-2006-20REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION June 27, 2006 FROM: PATRICK J. MEAD, Director Department of Public Works — Transportation SUBJECT: INSTALLATION OF TRAFFIC SIGNAL AT THE INTERSECTION OF BARTON ROAD AND LA CADENA DRIVE - COLTON/GRAND TERRACE AREA RECOMMENDATION: 1.Adopt Resolution No. 2006-169 determining that County funds in the amount of $150,000 shall be used for the installation of a traffic signal at the intersection of Barton Road and La Cadena Drive in the cities of Colton and Grand Terrace (Four votes required). 2.Approve Amendment No. 1 to Agreement 04-843 with the City of Colton (Colton) and the City of Grand Terrace (Grand Terrace) for the installation of a traffic signal at the intersection of Barton Road and La Cadena Drive, in which Colton will assume responsibilities of being the lead agency for this project. BACKGROUND INFORMATION: On August 10, 2004, the Board of Supervisors approved Agreement 04- 843 with Colton and Grand Terrace to install a traffic signal and make other modifications for the intersection of Barton Road and La Cadena Drive at an estimated cost of $380,000. The agreement stipulated that the County would act as the lead agency in the design and construction of the project, including advertising for bids and awarding a contract. The agreement also stipulated that the project would be financed by the County ($150,000), Colton ($160,000), and Grand Terrace ($70,000) based on the amount of the project area being within these three entities jurisdiction. The proposed amendment to Agreement No. 04-843 is due to Colton's recent annexation of the portion of the project area formerly under the County's jurisdiction. For this reason, Colton now desires to become the lead agency for this project. The County will provide Colton will all design work, plans, and specifications completed by the County for this project. The County also desires to continue to participate in this project with a financial contribution not to exceed $150,000, as agreed upon in the original agreement. Of this amount, the County has already expended approximately $120,000 for preliminary engineering, right-of-way, and purchase of signal poles. The balance of the County's $150,000 share, estimated at $30,000, will be paid to Colton on a reimbursement basis. Since the total estimated project cost remains at $380,000, the participation amounts by Grand Terrace and Colton will stay at $70,000 and $160,000, respectively. Colton approved this contract amendment on May 2, 2006 and Grand Terrace approved it on May 11, 2006. The County had previously opened bids for this project; however, the Board rejected those bids on June 6, 2006 based on Colton assuming responsibilities for being the lead agency for this project. As part of those responsibilities, Colton will be re-seeking bids for the project. In concert with amending agreement 04-843 and in accordance with Section 1686 of the Streets and Highways Code, the Board must adopt a resolution, by a four-fifths vote, determining that county aid shall be extended for the subject project. This project is warranted based on the high volume of traffic and turning movements at this location. w/resolution: cc: PW/Trans-Kasey w/agree & attach Contractor c/o PW/Trans w/agreement & attachments Auditor-Valdez w/agreement & attach IDS-w/agreement & attachments Risk Management PW/Transportation -Mead CC-Scolastico CAO-Forster File-w/agree; PW/Trans-Resolution Record of Action of the Board of Supervisors Agreement No. 04-843 A-1; Resolution No. 2006-169 APPROVED( ALENDAR) BO RS CO INO MOTION AYE ECOND AYE 4 5 DENAMM ' L R 07 \ BY all ; DAT D: June 2 ml ITEM 044 INSTALLATION OF TRAFFIC SIGNAL AT THE INTERSECTION OF BARTON ROAD ANC LA CADENA DRIVE - COLTON/GRAND TERRACE AREA June 27, 2006 Page 2 of 2 REVIEW BY OTHERS: This item was reviewed by Deputy County Counsel Charles S. Scolastico (387-5481) and the County Administrative Office (Tom Forster, Administrative Analyst, 387-4635) on June 1, 2006. FINANCIAL IMPACT: The County's financial obligation as it relates to this project is $150,000. Of this amount, $120,000 has already been expended from funds available in the FY 2005/06 County Road Fund budget (SAA-TRA-TRA). The remaining $30,000 .Nill also be spent from the County Road Fund to reimburse the City of Colton for future project costs. SUPERVISORIAL DISTRICT(S): 31d and 5th PRESENTER: Patrick J. Mead, 387-7906 V—\--- _cOlitt‘ITy SAN BEPNARDIN• 4411,rik% s 1.; — .4ie 74, CIS f," COUNTY OF SAN BERNARDINO FAS STANDARD CONTRACT APPROVED BY CITY C,04)NCIL D ate S locp Item # I 3 1 ' • X __ New Change Cancel Vendor Code SC Dept, TRA A Contract Number 0 ei .. 3) v 3 A _ I County D epar tment Dept. Orgn. Public Works — Transportation TRA TRA Contractor's License No. County Department Contract Representative Telephone MAZIN KASEY 387-8166 Total Contract Amount LEAD AGENCY — NO ENCUMBRANCE Contract Type 0 Revenue • Encumbered El Unencumbered CI Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount This Amendment Fund SAA Dept. TRA Organization TRA Appr. 200 Obj/Rev Source 2445 GRCIPROSJOB No. 17H13421 Orig. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/jOB No. Orig. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig, Amount Project Name BARTON ROAD @ Estimated Payment Total by Fiscal Year FY Amount VD FY Amount I/O LA CADENA DRIVE (Risk Contract Type - Special 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 COLTON Address 650 NORTH LA CADENA DRIVE COLTON, CA 92324 Telephone Federal ID No. or Social Security No. (909) 370-5065 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY OF SAN BERNARDINO (he reinafter referred to as COUNTY), the CITY OF COLTON (hereinafter referred to as COLTON), and th e CITY OF GRAND TERRACE (hereinafter referred to as GRAND TERRACE) have previously entered into Contract No. 04-843 wherein the parties agreed to jointly participate in a project to install a traffic signal, make mino , r modifications to the intersection of Barton Road and La Cadena Drive, and construct a north-bound acceleration lane on Barton Road at Palm Avenue including queuing at the intersection of Palm Avenue and La Cadena Drive (hereinafter referred to as PROJECT); and WHEREAS. COLTON has annexed the portion of the PROJECT area which was formerly under the jurisdiction of the COUNTY. NOW, THEREFORE, inconsideration of mutual covenants and conditions, the parties hereto agree to amend Contract No. 04-843 to read as follows: WHEREAS, the COUNTY, the CITY OF COLTON (hereinafter referred to as COLTON), and the CITY OF GRAND TERRACE (hereinafter referred to as GRAND TERRACE) desire to cooperate and jointly participate in a project to install a traffic signal, make minor modifications to the Auditor Controller— Recorder Use Only 0 Contract Database CI FAS and Name CITY OF GRAND TERRACE Address 22795 BARTON ROAD GRAND TERRACE, CA 92313 Telephone (909) 824-6621 Federal ID No. or Social Security No Page 1 of 9 Input Date Keyed By intersection of Barton Road and La Cadena Drive, and construct a north-bound acceleration lane on Barton Road at Palm Avenue including queuing at the intersection of Palm Avenue and La Cadena Drive (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT will be of mutual benefit to the COUNTY, COLTON, and GRAND TERRACE; and WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will be from COUNTY road funds, COLTON local funds, and GRAND TERRACE local funds; and WHEREAS, the total PROJECT cost is estimated to be $380,000. COUNTY's share of PROJECT cost is not to exceed $150,000, which includes costs incurred by COUNTY for preliminary engineering, right of way, and purchase of signal poles (estimated at a total of $120,000) and a contribution toward PROJECT construction costs for the balance of the COUNTY's $150,000 share (estimated at $30,000). COLTON's share of PROJECT cost is estimated at $160,000 and GRAND TERRACE's share of PROJECT cost is not to exceed $70,000, as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, COUNTY, COLTON, and GRAND TERRACE desire to set forth responsibilities and obligations of each as pertains 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 Provide COLTON with all design work, plans, and specifications completed by COUNTY for this PROJECT. 1.2 Delete 1.3 Delete 1.4 Delete 1.5 Delete 1.6 Delete 1.7 Delete 1.8 Delete 1.9 COUNTY's financial obligation under this Agreement is not to exceed $150,000, including costs incurred by COUNTY for preliminary engineering, right-of-way, and purchase of signal poles (estimated at a total of $120,000), and a contribution to COLTON toward PROJECT construction costs for the balance of the COUNTY's $150,000 share (estimated at $30,000). Payment to COLTON shall be on a reimbursement basis, made within thirty (30) days after receipt of an itemized statement as set forth in Section 2.10 of this Agreement setting forth all actual PROJECT costs incurred by COLTON to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, together with adequate documentation of said expenditures. COUNTY shall have no obligation to pay any amount in excess of $150,000 for this PROJECT regardless of any PROJECT cost increases which may occur, except for requested additional work as addressed in Section 4.8 below. 1.10 Upon receipt of an invoice from COLTON, COUNTY shall provide COLTON with a statement indicating the costs incurred by COUNTY for this PROJECT as of the date the first amendment to this Agreement is approved by the COUNTY Board of Supervisors. COUNTY shall then pay to COLTON the difference between the PROJECT costs incurred by COUNTY and $150,000. This difference is estimated at $30,000. 1.11 Delete 1.12 Delete 1.13 Prior to the date COLTON annexed the PROJECT area formerly under COUNTY's jurisdiction, COUNTY has provided services to acquire right-of-way as needed for the PROJECT, which included ordering title reports, contacting owner or occupant, entering Page 2 of 9 properties, appraising right-of-way parcels,inspecting and negotiating takes and easements including improvements. COUNTY will not seek reimbursement from COLTON or GRAND TERRACE for any right-of-way costs incurred by the COUNTY for those areas under the jurisdiction of COLTON or GRAND TERRACE. 1.14 Delete 2.0 COLTON AGREES TO: 2.1 Act as the Lead Agency in the design and construction of the PROJECT. 2.2 Provide plans and specifications and all necessary construction engineering for the PROJECT for prior review and approval by COUNTY and GRAND TERRACE. 2.3 Construct the PROJECT by contract in accordance with the plans and specifications completed by COUNTY, which have been reviewed and approved by COLTON and GRAND TERRACE, and the Caltrans Design Manual, 10 year life, to the satisfaction of and subject to concurrence of COUNTY and GRAND TERRACE. 2,4 Obtain a no-cost permit from GRAND TERRACE for work within GRAND TERRACE's right-of- way. 2.5 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with Californiathe Public Contract Code. 2.6 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all. applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons providing services on behalf of the contractor and all risks to such h persons under this Agree ment. Comprehensive General Liability Insurance to include contractual coverage and Automobile Liability Insurance to include coverage for owned, hired and non-owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily inj CO ury and property damage of not less than one million dollars ($1,000,000) and shall name LTON, GRAND TERRACE, and the COUNTY as additional named insured. Waiver of Subrogation Rights — Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against COLTON, GRAND TERRACE, and the COUNTY, and their officers, employees, agents, volunteers, contractors and subcontractors, Policies Primary and Non-Contributory — All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COLTON, GRAND TERRACE, and the COUNTY. 2.7 Provide adequate inspection of all items of work performed under the construction contract(s) with COLTON's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COUNTY and GRAND TERRACE. COLTON shall provide copies of any records of inspection and materials testing to COUNTY and GRAND TERRACE within ten (10) days of COLTON's receipt of writt en demand from COUNTY and GRAND TERRACE for such records. 2.8 Pay for its share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. COLTON's proportionate share is estimated at $160,000. COLTON shall be responsible for the sum of $160,000, plus any PROJECT cost increases pursuant to Section 4.6 below. 2.9 Submit to GRAND TERRACE an itemized accounting of actual PROJECT costs incurred by COLTON to date and which have not already been paid by COUNTY. COLTON, or GRAND TERRACE. GRAND TERRACE shall pay an amount not to exceed $70,000 in total for all work related to this PROJECT. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, COLTON, and GRAND TERRACE. 2.10 Submit to COUNTY an itemized accounting of actual PROJECT costs incurred by COLTON to date and which have not already been paid by COUNTY. COLTON, or GRAND TERRACE. COUNTY shall provide COLTON with a statement indicating the costs incurred by COUNTY for this PROJECT as of the date the first amendment m ent to this Agreement is approved by the C OUNTY Board of Supervisors. COUNTY shall then pay to COLTON the difference between the PROJECT costs incurred by COUNTY and $150,000. This difference is estimated at Page 3 of 9 $30,000. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, COLTON, and GRAND TERRACE. 2.11 Prior to the date COLTON annexed the PROJECT area formerly under COUNTY's jurisdiction, COUNTY has provided services to acquire right-of-way as needed for the PROJECT. If additional right-of-way is needed, COLTON shall order title reports on such parcels. The costs shall be reimbursed by COLTON or GRAND TERRACE dependent upon jurisdiction. In addition, COLTON shall provide services to acquire any additional right-of-way if needed for the PROJECT, to include contacting owner or occupant, entering properties, appraising right-of-way parcels, inspecting and negotiating takes and easements including improvements. 2.12 Include completion of any applicable NEPA and CEQA requirements. 2.13 After acceptance of the construction contract work by COLTON and GRAND TERRACE, COLTON shall be responsible for 75% of the cost of maintenance of the completed signalized intersection associated with the PROJECT. 3.0 GRAND TERRACE AGREES TO: 3.1 Delete 3.2 Pay to COLTON an amount not to exceed $70,000 in total for all work related to this PROJECT. Payment shall be on a reimbursement basis, made within thirty (30) days after receipt of an itemized statement as set forth in Section 2.9 of this Agreement setting forth all actual PROJECT costs incurred by COLTON to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, together with adequate documentation of said expenditures. GRAND TERRACE shall have no obligation to pay any amount in excess of $70,000 for this PROJECT regardless of any PROJECT cost increases which may occur, except for requested additional work as addressed in Section 4.8 below. 3.3 Provide a no-cost permit to COLTON for its work in GRAND TERRACE's right-of-way. 3.4 Prior to the date COLTON annexed the PROJECT area formerly under COUNTY's jurisdiction, COUNTY has provided services to acquire right-of-way as needed for the PROJECT. If additional right-of-way is needed, COLTON shall provide services to acquire additional right-of-way. Should COLTON be unable to acquire the necessary right-of-way located within the limits of GRAND TERRACE, then GRAND TERRACE, in consultation with COLTON, shall consider using the power of Eminent Domain to acquire any necessary rights- of-way at a public hearing noticed and conducted in accordance with California Code of Civil Procedure, Section 1245.235 for the purpose of considering the adoption of a resolution of necessity. If GRAND TERRACE elects to proceed with using its power of Eminent Domain, it shall do so in a timely manner and at no cost to the COLTON. The parties acknowledge and understand that this Agreement does not obligate GRAND TERRACE in any way to use the power of Eminent Domain to acquire any rights-of-way within GRAND TERRACE. GRAND TERRACES use of the power of Eminent Domain is conditioned by law upon certain findings and determinations that GRAND TERRACE, in its sole discretion, must make in accordance with the California Code of Civil Procedure. GRAND TERRACE makes no warranty or guarantee of the eventual result or outcome of its discretionary consideration of the use of Eminent Domain to acquire any rights-of-way within GRAND TERRACE or of any actual Eminent Domain proceeding. In the event that COLTON is unable to acquire the necessary right-of-way located within the limits of GRAND TERRACE and GRAND TERRACE is unable or unwilling to use Eminent Domain to acquire right-of-way, this Agreement shall be deemed to be terminated by mutual consent. In the event of termination as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of termination shall be paid by the parties in the proportion provided herein. 3.5 After acceptance of the construction contract work by COLTON and GRAND TERRACE, GRAND TERRACE shall be responsible for 25% of the cost of maintenance of the completed signalized intersection associated with the PROJECT. 4.0 IT IS MUTUALLY AGREED: Page 4 of 9 4 1 COUNTY agrees to indemnify and hold harmless COLTON and GRAND TERRACE, their 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. 4.2 COLTON agrees to indemnify and hold harmless the COUNTY and GRAND TERRACE, their 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 COLTON, its officers, employees, agents or volunteers in connection with COLTON's performance of its obligations under this Agreement. 4.3 GRAND TERRACE agrees to indemnify and hold harmless the COUNTY and COLTON, their 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 GRAND TERRACE, its officers, employees, agents or volunteers in connection with GRAND TERRACE's performance of its obligations under this Agreement. 4.4 In the event the COUNTY and/or COLTON and/or GRAND TERRACE 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 COLTON and/or GRAND TERRACE shall indemnify the other parties to the extent of its comparative fault. Furthermore, if the COUNTY, COLTON, or GRAND TERRACE attempts to seek recovery from the other parties for Workers' Compensation benefits paid to an employee, the COUNTY, COLTON, and GRAND TERRACE agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 4.5 COUNTY, COLTON, and GRAND TERRACE are self-insured public entities for purposes of Professional Liability, General Liability, and Workers' Compensation. COUNTY, COLTON, and GRAND TERRACE warrant that through their programs of self-insurance, they have adequate Professional Liability, General Liability and Workers' Compensation to provide coverage for liabilities arising out of COUNTY, COLTON, and GRAND TERRACE's performance of this Agreement. 4.6 The parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices or change orders (but not from unforeseen conditions or requested additional work by a party which are addressed in Section 4.8 below) over the estimated total PROJECT costs of $380,000 (which is the sum of $150,000 from COUNTY, $160,000 from COLTON, and $70,000 from GRAND TERRACE) shall be borne entirely by COLTON. COUNTY and GRAND TERRACE shall have no obligation to pay any amount in excess of the amounts given in this Agreement regardless of any PROJECT cost increases which may occur, except for requested additional work as addressed in Section 4.8 below. 4.7 COLTON shall notify COUNTY and GRAND TERRACE of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY, COLTON, and GRAND TERRACE shall determine the cost of the PROJECT. In the event that any party intends to cancel this Agreement based upon the bids or amount thereof, said party shall notify the other parties at a reasonable time so as to avoid the letting of a contract to construct the PROJECT and any detrimental reliance by either contract or any potential contractor. 4.8 Additional work/costs arising from unforeseen site conditions (e.g. relocating a Utility that the COUNTY, COLTON, and GRAND TERRACE were not aware of) will be paid by COUNTY, COLTON, or GRAND TERRACE in proportion to where the work actually lies. If COUNTY, COLTON, or GRAND TERRACE requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work at the construction contract unit costs. 4.9 If after opening bids for the PROJECT, it is found that a cost overrun of no more than 25% of the estimated PROJECT costs will occur, COLTON may award the contract and notwithstanding any provision herein to the contrary the COUNTY, COLTON, and GRAND TERRACE shall pay for the cost of construction as provided by this Agreement. Page 5 of 9 410 lf, upon opening of bids, it is found that a costoverrun exceeding 25% of the estimated PROJECT costs will occur, COLTON shall have sole discretion to determine whether or not to award any contracts for the PROJECT, re-bid the PROJECT, or cancel the PROJECT. If COLTON decides to cancel the PROJECT under the terms of this Section, COLTON shall be solely responsible for the costs it incurred for this PROJECT and shall not seek reimbursement from COUNTY or GRAND TERRACE for these costs. 4.11 In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in attached Exhibit "B" of this Agreement and appr oved by COUNTY, COLTON, and GRAND TERRACE. Contract Change Order forms will be delivered by fax and must be returned within two working days. 4.12 This Agreement may be cancelled upon thirty (30) days written notice of any part y, p rovided w hoever, that no party may cancel this Agreement after COLTON lets a contract to construct the PROJECT. In the event of cancellation as provided herein, all PROJECT costs incurred by COLTON prior to the effective date of cancellation shall be the sole respons ER ibility of COLTON and COLTON shall not seek reimbursement from COUNTY or GRAND TRACE for these costs. 4.13 Except with respect to the parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by COUNTY and GRAND TERRACE for their shares of the PROJECT. 4.14 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by all parties. 4.15 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between COUNTY, COLTON, and GRAND TERRACE 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 instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 4.16 Time is of the essence for each and every provision of this Agreement. 4.17 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. 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 ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 4.18 No supplement, modification, or amendment of this A greement shall be binding unless executed in writing and signed by all parties. 4.19 No waiver of any default shall constitute a waiver of any other default or brief, 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 parties any contractual rights by custom, estoppel, or otherwise. 4.20 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. 4.21 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 all parties. Page 6 of 9 Bill Po:Arhus; Chairman, Board of Supervisors Dated: JUN OPY OF THIS TO THE Supervisors ernardino. Reviewed by Contract Compliance t{71-4i SIGNED A DOCUME CHAIRM IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. Name Deirdre H. Bennett Name CITY OF COLTON (Print ot pe name of corporation, company. contractor, etc. 0 (Print or type name of person signing contract) CITY OF GRAND TERRACE (Print or type name of corporation, company, contractor, etc.) Zil (Authoriz signature - sign in blue ink) Marye to Ferre (Print or type name of person signing contract) y (Authorized signature - sign in blue ink By Title Mayor (Print or Type) Dated: June 1, 2006 Address 650 NORTH LA CADENA DRIVE COLTON, CA 92324 Title Mayor (Print or Type) Dated: 6-7-06 Address 22795 BARTON ROAD GRAND TERRACE, CA 92313 Presente BOS for Si nature 110' .4....-4.4 --5 1.2 >114—.4.4.--4—) Departmen Head Date 4 f sjte (e Page 7 of 9 REVISED EXHIBIT "A" ESTIMATE OF PROJECT COSTS FOR CITY OF COLTON/CITY OF GRAND TERRACE/SAN BERNARDINO COUNTY FOR TRAFFIC SIGNAL INSTALLATION IN THE COLTON/GRAND TERRACE AREA DESCRIPTION LIMITS TOTAL COST OF PROJECT COUNTY OF SAN BERNARDINO SHARE CITY OF COLTON SHARE CITY OF GRAND TERRACE SHARE Traffic Signal Installation Intersection of Barton Road and La Cadena Drive $380,000 Not to Exceed $150,000 $160,000 Not to Exceed $70,000 TOTAL $380,000 Not to Exceed $150,000 $160,000 Not to Exceed $70,000 PROJECT costs may be increased or decreased based on accepted contractor's bid. Page 8 of 9 EXHIBIT "B" CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: BARTON ROAD @ LA CADENA DRIVE SAN BERNARDINO COUNTY CONTRACT # File: H13421 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of Cotton, City of Grand Terrace, and County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF COLTON ACTION: / I q APPROVED for Implementation with 100% Participation by CITY OF COLTON q APPROVED Subject to Comments/Revisions Accompanying This Document q APPROVED With Limited Funding Participation by CITY OF COLTON q % of Actual Cost to be Funded by CITY OF COLTON q CITY OF COLTON Participation Not to Exceed $ q DISAPPROVED -Not Acceptable to CITY OF COLTON DATE OF CITY OF GRAND TERRACE ACTION: / / q APPROVED for Implementation with 100% Participation by CITY OF GRAND TERRACE q APPROVED Subject to Comments/Revisions Accompanying This Document q APPROVED With Limited Funding Participation by CITY OF GRAND TERRACE qq % of Actual Cost to be Funded by CITY OF GRAND TERRACE CITY OF GRAND TERRACE Participation Not to Exceed $ q DISAPPROVED -Not Acceptable to CITY OF GRAND TERRACE DATE OF COUNTY OF SAN BERNARDINO ACTION: / / q APPROVED for Implementation with 100% Participation by COUNTY OF SAN BERNARDINO q APPROVED Subject to Comments/Revisions Accompanying This Document q APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO q % of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO q COUNTY OF SAN BERNARDINO Participation Not to Exceed $ q DISAPPROVED -Not Acceptable to COUNTY OF SAN BERNARDINO 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 COUNTY OF SAN BERNARDINO, CITY OF COLTON, and CITY OF GRAND TERRACE 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? q YES q NO CITY OF COLTON SIGNATURE: CITY OF GRAND TERRACE SIGNATURE: Distribution: Signed Original Returned to Colton Resident Engineer (FAX # 909-370-5154) and Grand Terrace Resident Engineer {FAX # 909-783-7629), and County of San Bernardino Resident Engineer (FAX # 909-387-7927) Signed Original for CITY OF COLTON, CITY OF GRAND TERRACE, and COUNTY OF SAN BERNARDINO Files CITY OF COLTON TITLE: CITY OF GRAND TERRACE TITLE: COUNTY OF SAN BERNARDINO SIGNATURE: COUNTY OF SAN BERNARDINO TITLE. Page 9 of 9 RESOLUTION NO. 2006-169 A RESOLUTION WHEREAS THE COUNTY OF SAN BERNARDINO DESIRES TO PROVIDE FINANCIAL ASSISTANCE TO THE CITIES OF COLTON AND GRAND TERRACE TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF BARTON ROAD AND LA CADENA DRIVE. On Tuesday June 27, 2006, on motion of Supervisor Biane, duly seconded by Supervisor Ovitt and carried, the following resolution is adopted by the Board of Supervisors of San Bernardino County, State of California. WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) desires to provide financial assistance to the CITY OF COLTON (hereinafter referred to as COLTON) and the CITY OF GRAND TERRACE (hereinafter referred to as GRAND TERRACE) to install a traffic signal and make minor modifications to the intersection at Barton Road and La Cadena Drive (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT is within the incorporated area of COLTON (81.58%) and the incorporated area of GRAND TERRACE (18.42%); and WHEREAS, the COUNTY will contribute an amount not to exceed $150,000 toward the completion of the PROJECT. This amount includes costs incurred by COUNTY for preliminary engineering, right of way, and purchase of signal poles (estimated at a total of $120,000) and a contribution toward PROJECT construction costs for the balance of the COUNTY's $150,000 share (estimated at $30,000); and WHEREAS, COLTON shall be the Lead Agency for the construction of the PROJECT and as such shall initially fund the construction of the PROJECT; and WHEREAS, the balance of the COUNTY's $150,000 share (estimated at $30,000) will be transferred from the COUNTY Department of Public Works (SAA-TRA-TRA) in the form of a grant to COLTON for the COUNTY's contribution to the PROJECT; and WHEREAS, this Resolution must be approved by a four-fifths vote of the Board of Supervisors of San Bernardino County; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of San Bernardino, State of California, hereby adopts this resolution to provide financial assistance to the City of Colton and the City of Grand Terrace to install a traffic signal and make minor modifications to the intersection at Barton Road and La Cadena Drive. PASSED AND ADOPTED by Board of Supervisors of the County of San Bernardino, State of California by the following vote: AYES: SUPERVISORS: Postmus, Biane, Hansberger, Ovitt, Gonzales NOES: SUPERVISORS: None ABSENT: SUPERVISORS: None STATE OF CALIFORNIA ) SS. COUNTY OF SAN BERNARDINO I, DENA M. SMITH, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the foregoing to be a full, true and correct copy of the record of the action taken by the Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of June 27, 2006. Item #44,m1.