THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAN BERNARDINO
COUNTY 19-417
SAP Number
Public Works
Department Contract Representative Melissa L. Walker
Telephone Number (909) 387-7997
Contractor City of Fontana
Contractor Representative Chuck Mays
Telephone Number (909) 350-6760
Contract Term Approximately 5 years ending June
30, 2024
Original Contract Amount $75,000 per project not to exceed $100,000 for each party per fiscal
year
Amendment Amount
Total Contract Amount
Cost Center 6650002000
IT IS HEREBY AGREED AS FOLLOWS:
(use sto belor and adit at bandary pets, at fe an aise to rider, are and mia, dare las perications, and WHEREAS, City of Fontana (CITY) has observed that many of its street facilities and related appurtenances within its jurisdictional area need occasional maintenance and repair; and WHEREAS, Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with the County of San Bernardino (COUNTY) for the maintenance, construction or repair of CITY streets, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of said streets; WHEREAS, COUNTY and CITY are sometimes individually referred to in this Agreement as PARTY and collectively referred to as PARTIES; and
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance and repair of its street facilities and related appurtenances within CITY to contract with COUNTY for COUNTY to sometimes perform said work, including emergency work, on CITY street facilities and related appurtenances located within the incorporated area of CITY (hereinafter referred to as "CONTRACT WORK"); and WHEREAS, CONTRACT WORK will be performed by COUNTY staff and/or COUNTY contractors; and Standard Contract Page 1 of 7
WHEREAS, CONTRACT WORK will not exceed seventy-five thousand dollars ($75,000) per project and CITY will reimburse COUNTY for all costs incurred by COUNTY in performing such CONTRACT WORK requested by CITY and completed by COUNTY; and
WHEREAS, Streets and Highways Code section 1710 authorizes COUNTY to contract with CITY for the CITY's maintenance, construction or repair of COUNTY highways; and WHEREAS, COUNTY has determined that it is necessary for the more efficient maintenance and repair of its highway facilities and related appurtenances to contract with CITY for CITY to sometimes perform CONTRACT WORK, which includes emergency work, on COUNTY highway facilities and related appurtenances located within CITY's sphere of influence as defined by the San Bernardino County Local Agency Formation Commission; and
WHEREAS, CONTRACT WORK will be performed by CITY staff and/or CITY contractors; and WHEREAS, CONTRACT WORK will not exceed Seventy-five thousand dollars ($75,000) per project and COUNTY will reimburse CITY for all costs incurred by CITY in carrying-out CONTRACT WORK requested by COUNTY and completed by CITY; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to the work described in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
SECTION I
1.0 For CONTRACT WORK provided to CITY:
COUNTY AGREES TO:
1.1 Schedule requested work upon receipt of a written "Notice to Proceed" from CITY and to provide to CITY a schedule of work days anticipated for the work for CITY concurrence. COUNTY, through its authorized representative identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove an individual "Notice to Proceed" and provide specific services to CITY.
1.2 Utilize COUNTY's Department of Public Works labor force and/or contractors in providing services under this Agreement.
1.3 Obtain a no-cost permit from CITY for any CONTRACT WORK to be performed within CITY's right-of-way. COUNTY's Director of Public Works, or the Director's designee, shall have the authority to obtain a permit from CITY for CONTRACT WORK.
1.4 Upon completion of each individual work assignment, submit to CITY an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY and an invoice for such costs.
1.5 COUNTY shall require all contractors and vendors providing CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES.
1.6 Enforce COUNTY's contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
When applicable, COUNTY shall fill out and submit to the California Department of Industrial Relations a PWC-100 form.
1.7 Accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CITY's designated checking or other bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
CITY AGREES TO:
1.8 Provide COUNTY a written "Notice to Proceed" for any authorized work requested by CITY.
1.9 Provide a no-cost permit to COUNTY for its work within CITY's right-of-way.
Revised 3/14/19 Page 2 of 7
After COUNTY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY along with an invoice, to reimburse COUNTY for CONTRACT WORK costs within sixty (60) calendar days after receipt of invoice.
1.11 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the COUNTY.
1.12 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as completing the required CEQA documents.
1.13 When applicable, fill out and submit to the California Department of Industrial Relations a PWC- 100 form.
SECTION II
2.0 For CONTRACT WORK provided to COUNTY:
CITY AGREES TO:
2.1 Schedule the COUNTY requested CONTRACT WORK upon receipt of a written "Notice to Proceed" from the COUNTY and provide to COUNTY a schedule of work days anticipated for the CONTRACT WORK for COUNTY's concurrence. CITY, through its authorized representative identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove an individual "Notice to Proceed" and provide specific services to COUNTY.
2.2 Utilize CITY's labor force and/or contractors in providing services under this Agreement.
2.3 Obtain a no-cost permit from COUNTY for work within COUNTY's right-of-way.
2.4 Upon completion of each CONTRACT WORK assignment, submit to COUNTY an itemized accounting of CONTRACT WORK costs incurred by CITY and an invoice for such costs.
2.5 Enforce CITY's contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
2.6 Accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CITY's designated checking or other bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
2.7 When applicable, CITY shall fill out and submit to the California Department of Industrial Relations a PWC-100 form.
COUNTY AGREES TO:
2.8 Provide CITY a written "Notice to Proceed" for any authorized work requested by COUNTY.
2.9 Provide a no-cost permit to CITY for its work within COUNTY's right-of-way.
2.10 After CITY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by CITY along with an invoice, to reimburse CITY for CONTRACT WORK costs within sixty (60) calendar days after receipt of invoice.
2.11 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the CITY.
2.12 Comply with any applicable CEQA requirements as well as completing the required CEQA
2.13 dohem applicable fil out and submit to the Califormia Department of Industial Relations a PWC-
SECTION III
3.0 IT IS MUTUALLY AGREED:
3.1 The types of CONTRACT WORK shall include, but not be limited to: maintenance or emergency repair of streets/highways, appurtenant fencing, culvert or drainage facilities, grading and application of soil stabilization product on dirt roads, as well as providing heavy equipment fo storm debris cleanup, striping, chip sealing, maintenance or emergency paving
3.2 COUNTY and CITY will accept payment from each other for CONTRACT WORK requested by CITY or COUNTY for up to seventy-five thousand dollars ($75,000) per project.
Revised 3/14/19 Page 3 of 7
3.3 The cost for each project shall not exceed seventy-five thousand dollars ($75,000).
3.4 The total cost for all work performed pursuant to Section 1.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement.
The total cost for all work performed pursuant to Section 2.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement.
3.5 CITY or COUNTY is only responsible to provide the CONTRACT WORK of facilities identified in the "Notice to Proceed" from the requesting party (CITY or COUNTY) and agreed to by the non- requesting party (CITY or COUNTY). After completion of CONTRACT WORK on any particular facility, the requesting party (CITY or COUNTY) shall be responsible for all future maintenance and repair work associated with the CONTRACT WORK, unless the non-requesting party (CITY or COUNTY) receives a future request to provide additional CONTRACT WORK under this Agreement, followed by an approval of a written "Notice to Proceed."
3.6 The PARTIES shall comply with all applicable laws and regulations, including, but not limited to, all applicable Public Contract Code (e.g. bidding requirements), Labor Code (e.g. prevailing wage requirements), Business and Professions Code (e.g. licensing requirements), and Civil Code requirements (e.g. payment bond requirements).
SECTION IV
IT IS FURTHER UNDERSTOOD AND AGREED:
The requesting party (CITY or COUNTY) shall prepare and submit to the non-requesting party (CITY or COUNTY) a "Notice to Proceed" that outlines the work requested within the scope and budget limitations of this Agreement. The Notice to Proceed shall include the location (streets) or highway(s)) the work shall take place on, the scope of the work, the requested schedule, the level of service required (if necessary), and other pertinent terms and details for the project within the scope of this Agreement. The COUNTY Director of Public Works and the CITY Director of Public Works shall have the authority to prepare and submit a "Notice to Proceed," as well as provide estimates and approve CONTRACT WORK projects up to seventy-five thousand dollars ($75,000) each. The non-requesting party shall develop cost estimates and project schedules for review by the requesting party using COUNTY/CITY-approved labor and equipment rates that include fringe and overhead for actual employee classifications, equipment rates that will recover the depreciation expenses and the maintenance and repair cost of the equipment used for the proposed work assignment and estimated material costs. If requested, the estimate of cost will be provided to the requesting party prior to the commencement of work. The non-requesting party is under no obligation to perform work tasks and the non-requesting party's representative identified in Paragraph 4.5 may decline to perform the requested work for any reason or for no reason.
4.2 The Effective Date of this Agreement shall be the first date on which all of the following has occurred: (1) the CITY's Council and COUNTY's Board have approved the Agreement; and (2) the authorized representative of each has signed the Agreement.
4.3 Insurance and Indemnification
COUNTY and CITY are authorized self-insured or partially self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker's Compensation and warrant that through their respective programs of self-insurance and insurance, they have adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.
Neither CITY nor any officer, employee, agent, or volunteer of CITY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895.4, COUNTY shall fully indemnify, defend (with counsel approved by CITY) and hold CITY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury (as defined by Government Code section 810.8) arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or Revised 3/14/19 Page 4 of 7
its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement.
Neither COUNTY nor any officer, employee, agent or volunteer of COUNTY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by CITY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895.4, CITY shall fully indemnify, defend (with counsel approved by COUNTY) and hold COUNTY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury (as defined by Government Code section 810.8) arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by CITY or its contractors under this Agreement.
In the event COUNTY and/or CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
CITY and COUNTY agree to waive all rights of subrogation against each other.
4.4 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by CITY and COUNTY.
4.5 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:
City of Fontana County of San Bernardino
825 East Third Street
16489 Orange Way
Fontana, CA 92335 San Bernardino, CA 92415
Authorized Representative: Authorized Representative:
Director of Public Works
Director of Public Works
4.6 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.
4.7 This Agreement shall be governed by the laws of the State of California. 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. Any dispute or action to enforce any obligation under this Agreement shall be filed and resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event of litigation arising from this Agreement, each PARTY to the Agreement shall bear its own costs, including attorney's fees. This provision concerning costs shall not apply to costs or attorney's fees relative to paragraphs 4.3.
4.8 This Agreement contains the entire Agreement of the PARTIES with respect to subject matter hereof, and supersedes all other prior negotiations, understandings or contracts. This Agreement may only be modified in writing, signed by authorized representatives of both CITY and COUNTY.
4.9 This Agreement may be terminated, with or without cause, by either CITY or COUNTY upon thirty (30) calendar days advance written notice by the party wishing to terminate, provided however, that any such cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK authorized prior to notice of cancellation. In the event of cancellation as provided herein, all CONTRACT WORK costs required to be paid by the PARTIES prior to the effective date of cancellation shall be paid by the PARTIES as provided in this Agreement.
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•
4.10 Except with respect to the indemnification obligations contained herein which shall survive the termination of this Agreement, this Agreement shall commence on the date it is approved by both PARTIES, and shall terminate on June 30, 2024, unless it is terminated early as provided in Paragraph 4.9.
4.11 This Agreement may be signed in counterparts, each of which shall constitute an original.
The Recitals preceding the terms of this Agreement are incorporated into the terms hereof by this reference and constitute constructive terms of this Agreement.
4.13 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.
Revised 3/14/19 Page 6 of 7
IN WITNESS WHEREOF, COUNTY and CITY have each caused this Agreement to be subscribed by its respective duly authorized officers on its behalf.
COUNTY OF SAN BERNARDINO
City of Fontana
(Print or type name of corporation, company, contractor, etc.) Cut Hagr
By =
Curt Hagman, Chairman Board of Supervisors (Authorized signature - sign in blue ink) 2510 Name Kenneth R. Hunt
SIGNED AND CERTIFIED THAT A COBY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TOTHE
CHAIRMAN OF THE BOARD Title
City Manager
Laura H. Welch- (Print or Type)
Clerk of the Board of Supertisors
of the County of San Bernardino
N
By Dated:
Deputy.-
Address 8353 Sierra Ave
Fontana, CA 92335
FOR COUNTY USE ONLY 1PP
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department nold amah
Scott M. Runyan, Deputy County Counsel Mohammad Ali, P.E., Chief - Contracts Kevin Hakestee, PE Director Department of Public Work
5-28-19 5.30.19
Date Date Date 6/10/12
Revised 3/14/19 Page 7 of 7
Fontana Boundry Map Legend
City of Fontana
Freeway
Interstate
Street
CITY OF FONTANA
210-Freeway AREA OF MUTUAL AID
5 Interstate:
Baseline Ave
Foothil Biva
Citrus Ave Sierra Ave
LAT 34° 05'30.11" N
Merrill Aver
LONG 117° 26'00.79" W
Fontana Ave
Bernardino Ave
Valley BiVd
10 Interstate
City of Fontana
Cooperative Agreement
Jurupa St
Exhibit "A"
SHEET 1 OF 1
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
June 25, 2019
FROM: KEVIN BLAKESLEE, Director
Department of Public Works - Transportation
SUBJECT: COOPERATIVE AGREEMENT WITH CITY OF FONTANA FOR CONTRACT
MAINTENANCE AND EMERGENCY WORK
RECOMMENDATION(S)
Approve a cooperative Agreement No. 19-417 with the City of Fontana (City) for street repairs, maintenance and emergency work within the incorporated area of the City and the surrounding unincorporated area, for approximately five years, from June 25, 2019 until June 30, 2024, up to a total of $75,000 for each project and not to exceed $100,000 per fiscal year.
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS AND OBJECTIVES Improve County Government Operations.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Costs and reimbursement revenue for this work will vary depending upon the maintenance or repair needs related to the proposed cooperative agreement (Agreement). Costs to the County are unknown because future maintenance and repair needs related to this Agreement are unforeseeable. All work requested by the City will be performed by County staff or contractors and will be 100% reimbursable by the City, up to a total of $75,000 per project, and not to exceed $100,000 per fiscal year. All work requested by the County will be performed by the City staff or contractors and will be 100% reimbursable by the County, up to a total of $75,000 for each project and not to exceed $100,000 per fiscal year. Sufficient appropriation and revenue have been included in the 2018-19 Road Operations budget (6650002000 - 71H15013), 2019-20 budget, and will be included in future recommended budgets to accommodate the requested projects.
The City shall reimburse the County upon completion of each work assignment and receipt of an invoice. In accordance with the Agreement, after the County completes each work assignment,
cc: PW/TRANS- Walker w/agree Record of Actinor the Board of Supervisors Contractor c/o PW/TRANS w/agree
PW/TRANS- Blakeslee APPROVEDYCONSENT, CALENDAR)
CAO-Mai COUNTY OF SAN BERNARBINO
File - w/agree Board of Supervisots
vh 6/27/19 I BERSAKDISO
MOTION MOVE ABSENT SECOND AYE
1 LAURA H. WELCH, CLERK OF THE BOARD
BY (VIC)
ITEM 38 RDINO CO
Rev 7-12-16 DATED: June 25, 2019
COOPERATIVE AGREEMENT WITH CITY OF FONTANA FOR
CONTRACT MAINTENANCE AND EMERGENCY WORK
JUNE 25, 2019
PAGE 2 OF 3
the City will resume the responsibility of maintenance and operations of the subject roads and drainage facilities.
BACKGROUND INFORMATION
This Agreement will allow the County and the City to provide maintenance and emergency work within the unincorporated area of the County and the incorporated area of the City in an amount not to exceed $75,000 per project, up to $100,000 each per fiscal year. The City and County have determined that occasionally utilizing each other's labor and equipment resources can be the most cost-effective and timely process for maintenance and repairs of roadways within City and County jurisdictions. It is anticipated at this time that requested work assignments may include, but are not limited to, maintenance or emergency repair of streets/highways, appurtenant fencing, culvert or drainage facilities, grading and application of soil stabilization product on dirt roads, as well as providing heavy equipment for storm debris cleanup, striping, chip sealing, maintenance or emergency paving.
Approval of this item aligns with the County and Chief Executive Officer's goals of improving County government operations, providing for the safety, health, and social service needs of County residents, and pursuing County goals and objectives by working with other agencies by providing a streamlined approach to the maintenance and repairs within the incorporated City, as well as within the County's unincorporated jurisdiction.
According to the terms of the Agreement, the requesting agency will prepare and submit to the agency performing the work a work assignment request that outlines the work requested within the scope and budget limitations of the agreement. The performing agency will then prepare a cost estimate and a project schedule prior to start of work. The requesting agency will be invoiced based on actual costs incurred by the agency performing the maintenance and/or emergency work. Under the Agreement, the Director of Public Works is delegated the authority to identify specific County projects in which the City may take the lead utilizing City forces or City contractors. With respect to work provided to City, the Agreement states that the Director of Public Works has the authority to approve or disapprove an individual project and provide specific services to City. In addition, the agreement provides that the performing agency is under no obligation to perform the work tasks.
After completion of all requested work, receipt of an invoice and acceptance by the requesting agency of the work, the requesting agency shall reimburse the performing agency. Also, the requesting agency shall be responsible for all future maintenance and repair work, unless the requesting agency submits a future request to the performing agency to provide additional maintenance and repair work under the Agreement.
The Agreement shall expire on June 30, 2024, or it may be terminated by either party upon providing the other party a 30-day advance written notice. The City approved this item at their Council meeting on April 22, 2019.
The County has similar agreements in place with the cities of Highland, Rialto, and Yucaipa. 6/25/19 #38
COOPERATIVE AGREEMENT WITH CITY OF FONTANA FOR
CONTRACT MAINTENANCE AND EMERGENCY WORK
JUNE 25, 2019
PAGE 3 OF 3
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott M. Runyan, Deputy County Counsel 387- 5455) on June 3, 2019; Finance (Wen Mai, Administrative Analyst, 387-4020) on June 4, 2019; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387- 5423) on June 10, 2019
6/25/19 #38