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HomeMy WebLinkAboutContracts & Agreements_235-2016 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT REGARDING FUNDING, DESIGN, INSTALLATION,AND OPERATION OF A NON-POTABLE IRRIGATION WATER SYSTEM AT CRAFTON HILLS COLLEGE This MEMORANDUM OF UNDERSTANDING ("MOU") is hereby authorized this [ Nday of 90VEMBCK, 2016, by and between the CITY OF REDLANDS, a public body and corporate and politic, on behalf of itself and the SAN BERNARDINO COMMUNITY COLLEGE DISTRICT (hereinafter referred to as the "College", collectively, the City, District, and College are referred to as the "Parties"), and is made with reference to the funding and construction of a non-potable irrigation water system at Crafton Hills College (the "Non-Potable Water Project") RECITALS WHEREAS, the City of Redlands is responsible for meeting the water demands for the College, and, WHEREAS, the College desires to enhance their water supply services by connecting their irrigation system to the City's non-potable water supply located at the west entrance to the campus on Sand Canyon Road, and, WHEREAS, the City of Redlands is willing to provide the said service in accordance with the applicable rules and ordinances regarding non-potable water service, and, WHEREAS, the College desires to assist the City in obtaining their goal to reduce potable water consumption, and, NOW THEREFORE the College and the City agree to pay for, design, and construct the non-potable water system as follows Section 1. Responsibilities of the Parties City The City is responsible to design and construct the non-potable water system from the existing point of connection on Sand Canyon Road to the meter located on the southeast corner of Campus Drive and Emerald View Drive (near Parking Lot A) including any necessary modifications or enhancements to existing pumping stations, equipment, piping, or facilities Construction of the system shall include all necessary permits, utility investigation, demolition and removal, excavation, installation, compaction, inspections, and complete restoration of the affected areas In consideration for the City designing and constructing this portion of the system, the College shall reimburse the City up to $224,894 91 Payment by College to City shall be made within thirty (30) days after College's receipt of City's invoice, by warrant payable to City t College The College is responsible for design and construction of the non-potable water system from the service side of the water meter to be located on the southeast corner of Campus Drive and Emerald View Drive (near Parking Lot A) Costs for this portion of the system are the responsibility of the College Section 2 System Capacity Requirements Flow: The City shall design and construct equipment, facilities, and infrastructure necessary to supply a minimum of 540 gallons per minute No Guarantee of Service The City will make a reasonable effort to maintain non-potable service to the College, however, service outages may periodically occur Time of Use: The City shall supply water to the College between the hours of 10 OOpm and 10 0Oam unless otherwise coordinated with the City Section 3 Installation Standards College shall design and construct a non-potable irrigation system with material and installation that conforms to the City of Redlands Municipal Water Division Standard Specifications Section 4. Schedule The City shall commence installation, and construction upon execution of this agreement The construction schedule shall be coordinated with College staff in such a manner to permit vehicular access to/from the campus during operating hours (7 OOAM through 10 OOPM, Monday through Friday) or otherwise as coordinated with College staff On site construction shall be completed by January 13, 2017 Section 5 Liability, Indemnification The College shall, to the fullest extent permitted by law, indemnify, defend, protect, and hold harmless the City of Redlands and its respective officers, board members, council members, representatives and agents, and their respective successors ("City Parties"), from and against any and all claims, responsibilities and/or liabilities for any costs, losses, liabilities, damages, expenses (including all reasonable out-of-pocket litigation costs and attorneys' fees) and demands of any nature whatsoever related directly or indirectly to, or arising out of or in connection with the design and construction of the non-potable water system, except to the extent caused by the sole negligence or willful misconduct of the City or the City Parties The City, including, but not limited to, the City's successors, shall, to the fullest extent permitted by law, indemnify, defend, protect, and hold harmless the College and its officers, board members, employees, representatives, and agents, and their respective successors ("College Parties"), from and against any and all claims, responsibilities and/or liabilities for any costs, losses, liabilities, damages, expenses (including all reasonable out-of-pocket litigation costs and attorneys' fees) and demands of any nature whatsoever related directly or indirectly to, 2 or arising out of or in connection with the design and construction of the non-potable water system, except to the extent caused by the sole negligence or willful misconduct of the College or the College Parties 3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written CITY OF REDLANDS Dated �r//.�5 , 2016 Signatur-��w s Print Name Paul W. Foster Title. Mayor ATTEST- Sam Irwin, City Clerk Dated l /----, 2016 SAN BERNARDINO COMMUNITY COLLEGE I DISTRICT By kj�—' Steve Sutorus, Business Manager 4