HomeMy WebLinkAboutColton Joint Unified School District-2006-20 Glc -9CEly-2c)
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MEMORANDUM
TO: Tracey Martinez, Deputy City Clerk
°OCR HOB
DEPARTMENT OF FROM: Atisa Flann, Building Technician
BUILDING& SAFETY,
PUBLIC WORKS DATE: July 19, 2006
AND HOUSING
22795 Barton Road SUBJECT: La Cadena Signal agreement
Suite B
Grand Terrace
California 92313-5295
Civic Center e Attached please 825-3825 p ase find the original fully executed board item and amendment to
Fax (909) 825-7506 cooperative agreement#04-843 between the County and the Cities of Colton and
Grand Terrace for the project to install traffic signal,make minor 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.
DEPARTMENT OF PUBLIC WORKS COUNTY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT
FLOOD CONTROL • REGIONAL PARKS •SOLID WASTE MGMT • SURVEYOR •TRANSPORTATION - °earn. AND PUBLIC SERVICES GROUP
825 East Third Street • San Bernardino, CA 92415-0835 • (909)387-8104 ', . PATRICK J. MEAD
Fax (909) 387-8130 Director of Public Works
July 10, 2006 , - :06
TPM: H13421
En
Mr. Richard Shields
Director of Building, Safety, & Public Works
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Dear Mr. Shields:
Attached is the fully executed board item and amendment to cooperative agreement#04-843 between the
County and the Cities of Colton and Grand Terrace for the project to install a traffic signal, make minor
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. Under the terms of the amendment, the City of Colton will become the lead agency
for this project and will be responsible for re-seeking bids for the project. The County will provide 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. Grand Terrace will contribute an amount not to exceed $70,000,with
Colton responsible for the balance, estimated at$160,000, for a total estimated project cost of$380,000.
If you have any questions, please contact the undersigned at(909) 387-8166.
Sincerely, 4
.77
BR DON BIG P.E., Chief
Transportation Program Management
BB:JM
County r t 'tor PAUL NIANF -. .
c .Jevplop,uniand I ir>
REPORT/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.
Record of Action of the Board of Supervisors
w/resolution: Agreement No. 04-843 A-1; Resolution No. 2006-169
cc: PW/Trans-Kaseyractor w/agree&attach APPROVED _ • • . ALENDAR)
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IDS-w/agreement& attachments MOTION AYE • SZ E / O�r ECCOND AYE
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File-wla ree; PWlTrans-Resolution �
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ml •.{RDINO� ITEM 044
FOR COUNTY USE ONLY
X New Vendor Code Dept. Contract Number
Change
;W — Cancel SC TRA A 0 zi - P LI 3 71 - 1
,,COUNTY County Department Dept. Orgn. Contractor's License No.
SAN BERNARDI Public Works—Transportation TRA TRA
County Department Contract Representative Telephone Total Conrad Amount
MAZIN KASEY 387-8166 LEAD AGENCY-NO ENCUMBRANCE
(alp Contract Type
0 Revenue 0 Encumbered ® Unencumbered 0 Other
If not encumbered or revenue contract type,provide reason: _
aft Commodity Code Contract Start Date Contract End Date Original Amount This Amendment
Fund Dept. Organization Appr. ObilRev Source GRC/PROJ/JOB No. Orig.Amount
COUNTY OF SAN BERNARDINO
SAA TRA TRA 200 2445 17H13421
FAS Fund Dept. Organization Appr. Obi/Rev Source GRC/PROJ/JOB No. Orig.Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig.Amount
STANDARD CONTRACT
Project Name Estimated Payment Total by Fiscal Year
BARTON ROAD prig FY Amount I/D FY Amount VD
APPROVED BY LA CADENA DRIVE
CITY CPIINCIL Contract Type-Special
Date- 9 O . (Risk Management Approved)
Item # IS THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the COUNTY, and
Name and Name
CITY OF COLTON CITY OF GRAND TERRACE
Address Address
650 NORTH LA CADENA DRIVE 22795 BARTON ROAD
COLTON, CA 92324 GRAND TERRACE, CA 92313
Telephone Federal ID No.or Soda)Security No. Telephone Federal ID No.or Social Security No.
(909) 370-5065 (909) 824-6621
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY), the
CITY OF COLTON (hereinafter referred to as COLTON), and the CITY OF GRAND TERRACE
(hereinafter referred to as GRAND TERRACE) have previously entered into Contract Na 04-843,
wherein the parties agreed to jointly participate in a project to install a traffic signal, make minor
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
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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
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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
the California 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
persons under this Agreement. 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 injury and property damage of not less than one million
dollars ($1,000,000) and shall name COLTON, 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 written 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 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
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$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 selling 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
TERRACE's 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.
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4.10 If, upon opening of bids, it is found that a cost overrun 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 approved 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 party, provided
however, 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 responsibility of
COLTON and COLTON shall not seek reimbursement from COUNTY or GRAND TERRACE
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 Agreement 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.
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands.
CITY OF COLTON CITY OF GRAND TERRACE
(Print o name of corporation, ompany.contractor,etc (Print or name of corporation,company,contractor,etc.)
SY !r/UAA4%tt. '• l9 By I.r �'.lf-C L�I�C�FQi
(Authonzcd signatum-sign in blue in (Authorn signatum-sign in blue ink)
Name Deirdre H. Bennett' Name Marye ea Ferre
(Print or type name of person signing contract) (Print or type name of person signing contract)
Title Mayor Title Mayor
(Print or Type) (Print or Type)
Dated: June 1, 2006 Dated: 6-7-06 .
Address 650 NORTH LA CADENA DRIVE Address 22795 BARTON ROAD
COLTON CA 92324 GRAND TERRACE.CA 92313
.OUN SAN B
Bill Postmus; Chairman, Board of Supervisors
Dated: J •
SIGNED A it. tYF `ittw� • OPY OF THIS
DOCUME: -r• e ' 'Jy . TO THE
CHAIRM: • a 'o ' =
and Supervisors
!Tr,
�f Sa •'emarin°.
By i '' .Ili L,, :
t .
•ppro s to For
m rm •• Reviewed by Contract Compliance Present DOS for S nature
. � �� . ) - 3
Co eun / De artmen /
Date G . r S •off Date (u'-/5"0 6 Date 4 ( ,S d C.
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 COUNTY OF CITY OF CITY OF
COST OF SAN COLTON GRAND
PROJECT BERNARDINO SHARE TERRACE
SHARE SHARE
Intersection of Not to Not to
Traffic Signal Barton Road $380,000 Exceed $160,000 Exceed
Installation and La E150,000
Cadena Drive $70,000
Not to Not to
TOTAL $380,000 Exceed $160,000 Exceed
$160,000 $70,000
PROJECT costs may be increased or decreased
based on arrnpted contractors bid.
Page 8 of 9
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EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
BARTON ROAD fg LA CADENA DRIVE
SAN BERNARDINO COUNTY CONTRACT*
File:H13421
Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of Colton,City of Grand Terrace,and
County of San Bernardino for the above project and the following shall apply:
DATE OF CITY OF COLTON ACTION: / /
❑APPROVED for Implementation with 100%Participation by CRY OF COLTON
❑APPROVED Subject to Comments/Revisions Accompanying This Document
❑APPROVED With Limited Funding Participation by CITY OF COLTON
❑ %of Actual Cost to be Funded by CITY OF COLTON
❑CITY OF COLTON Participation Not to Exceed$
❑DISAPPROVED-Not Acceptable to CITY OF COLTON
DATE OF CITY OF GRAND TERRACE ACTION: I /_
❑APPROVED for Implementation with 100%Participation by CITY OF GRAND TERRACE
❑APPROVED Subject to Comments/Revlsions Accompanying This Document
❑APPROVED With Limited Funding Participation by CITY OF GRAND TERRACE
❑ %of Actual Cost to be Funded by CITY OF GRAND TERRACE
❑CITY OF GRAND TERRACE Participation Not to Exceed S
❑DISAPPROVED-Not Acceptable to CITY OF GRAND TERRACE
DATE OF COUNTY OF SAN BERNARDINO ACTION:_/ /_
❑APPROVED for Implementation with 100%Participation by COUNTY OF SAN BERNARDINO
❑APPROVED Subject to Comments/RevIslons Accompanying This Document
❑APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO
❑ %of Actual Cost to be Funded by COUNTY OF SAN BERNARDINO
❑COUNTY OF SAN BERNARDINO Participation Not to Exceed$
❑DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO
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,end 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? ❑YES 0 NO
CITY OF COLTON SIGNATURE: CITY OF GRAND TERRACE SIGNATURE:
CITY OF COLTON TITLE: CITY OF GRAND TERRACE TITLE:
COUNTY OF SAN BERNARDINO SIGNATURE:
COUNTY OF SAN BERNARDINO TITLE:
Distribution:
Signed Original Returned to Colton Resident Engineer FAX*909-3]0-5154)and Grand Terrace Resident Engineer(FAX*909-783-7629),and County of San
Bernardino Resident Engineer(FAX#909-3874927)
Sgned Original for CITY OF COLTON,CITY OF GRAND TERRACE,and COUNTY OF SAN BERNARDINO Files
Page 9 of 9
1 RESOLUTION NO. 2006-169
•
•R 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
$5.
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 R44,m1.
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