HomeMy WebLinkAboutContracts & Agreements_134-2007_CCv0001.pdf �t Oy I t V16A � D 20 n
FOR DISTRICT USE ONLY 8/8/07
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DISTRICT Department Dept, Orgn. Contractor's License No.
Public Works 097 097
DISTRICT Department Contract Representative Telephone Total Contract Amount
San Bernardino DISTRICT
Melissa Control District elissa Walker 387-8120 $4,000,000
Contract Type
FAS ❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other:
If not encumbered or revenue contract type,provide reason:
STANDARD CONTRACT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
RFF 092 092 200 2445 78FO2082 $4,000,000
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount IID
Drainage Improvement 07/08 $4,000,000 _
@ Alabama Street/City
Creek — —
THIS CONTRACT is entered into in the State of California by and between the San Bernardino DISTRICT Flood
Control District, hereinafter called the District, and
Name
City of San Bernardino hereinafter called SAN BERNARDINO
Address
300 North D Street
San Bernardino, CA 92418
Telephone Federal ID No.or Social Security No.
909 384-5211
Name
City of Redlands hereinafter called REDLANDS
Address
35 Cajon Street
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
909 798-7655
Auditor/Controller-Recorder Use Ont
0 Contract Database 13FAS
Input Date Keyed ey
Name
City of Highland hereinafter called HIGHLAND
Address
27215 Baseline
Highland, CA 92346
Telephone F=ederal ID No.or social security No.
909 864-6861
Name
Inland Valley Development Agency hereinafter called IVDA
Address
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone Federal ID No.or social Security No.
909 382-4100
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District (hereinafter referred to as DISTRICT), the
City of San Bernardino (hereinafter referred to as SAN BERNARDINO), the City Of Redlands (hereinafter
referred to as REDLANDS), Inland Valley Development Agency(hereinafter referred to as IVDA) and the
City of Highland (hereinafter referred to as HIGHLAND) are signatories to this agreement, and all shall be
collectively known as "the PARTIES"; and
WHEREAS, the PARTIES desire to cooperate and jointly participate in environmental mitigation,
construction and construction engineering for drainage improvements, including the installation of
drainage culverts and bank protection at the Alabama Street crossing at City Creek (hereinafter referred
to as PROJECT); and
WHEREAS, PARTIES desire to commence construction of the PROJECT in spring 2008; and
WHEREAS, construction plans, special provisions and cost estimates for the PROJECT shall be
approved by the PARTIES prior to advertise of the PROJECT; and
WHEREAS, the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS, the DISTRICT has received approval from Federal Highways Administration (hereinafter
referred to as FHWA) for the funding of the permanent restoration work and will coordinate with Federal
Agencies for reimbursement claims for the PROJECT; and
WHEREAS, the DISTRICT has received approval for funding from FHWA (88.53% of PROJECT costs)
and State Office of Emergency Services (hereinafter referred to as State OES) (8.6% of PROJECT
costs) for the PROJECT; and
WHEREAS, the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to fund the
final local match and any cost increase of the PROJECT cost; and
WHEREAS, the DISTRICT will reimburse SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND as
reimbursement is received from FHWA and State CIES; and
WHEREAS, the DISTRICT, SAN BERNARDINO, IVDA and HIGHLAND desire to use local funds initially
toward the PROJECT; and
WHEREAS, the total project cost is estimated to be $4,000,000 of which DISTRICT's initial share is
estimated at 24.9% ($994,260), SAN BERNARDINO's initial share is estimated at 24.9% ($994,260),
IVDA's initial share is estimated at 24.9% ($994,260), REDLANDS' share is estimated at 0.6%
($22,960), and HIGHLAND's initial share is estimated at 24.9% ($994,260), as shown in Exhibit "A",
attached hereto and incorporated herein by reference; and
WHEREAS, the PARTIES desire to set forth responsibilities and obligations of each as pertains to such
participation and to the completion of the proposed project.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 DISTRICT AGREES TO:
1.1 Act as the Lead Agency in construction and construction engineering of the PROJECT.
1.2 Construct the PROJECT by contract in accordance with the plans and specifications of the
DISTRICT who will seek approval from SAN BERNARDINO, REDLANDS, IVDA and
HIGHLAND.
1.3 Arrange for relocation of any utilities, which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.4 Obtain a no-cost permit from SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND for
work within the respective right-of-way of each.
1.5 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.6 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 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 the PARTIES as additional insured.
Waiver of 5ubMgation Rights — Contractors shall require the carriers of the above required
coverages to waive all rights of subrogation against the DISTRICT, its officers, employees,
agents, volunteers, contractors and subcontractors.
Policies Primary and Non-Contributo — All policies required above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by the
DISTRICT.
1.7 Provide adequate inspection of all items of work performed under the construction contract(s)
with the DISTRICT's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND. The DISTRICT shall provide copies of any records of inspection and
materials testing to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND within ten (10)
days of the DISTRICT's receipt of written demand from SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND for such records.
1.8 All PROJECT costs including the cost of PROJECT construction, construction engineering,
and overhead costs shall be paid for by the PARTIES. The DISTRICT shall submit requests
for funding and final costs to FHWA and State CIES and distribute funding reimbursement to
SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND based on their fair share
contributions within thirty(30) days of receipt of those funds from FHWA and State OES.
1.9 Submit to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND a final itemized
accounting of actual PROJECT costs incurred by the DISTRICT to date and which have not
already been paid by SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND and a
statement for SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND proportionate share
of the PROJECT costs as provided herein. Costs shall be amended following acceptance of
the final construction cost accounting by the PARTIES.
1.10 After the acceptance of the construction contract work by the PARTIES, the DISTRICT shall
be responsible for the maintenance of the completed improvement within the DISTRICT's
right-of-way.
2.0 SAN BERNARDINO AGREES TO:
2.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, its
proportionate share ($994,260) of the PROJECT cost, and any cost increases pursuant to
Section 6.10 below, within thirty (30) days after receipt of a final itemized statement as set
forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by the
DISTRICT to date and which have not already been paid by SAN BERNARDINO,
REDLANDS, IVDA and HIGHLAND, together with adequate documentation of said
expenditures.
2.2 Provide a no-cost permit to the DISTRICT for its work in SAN BERNARDINO's right-of-way.
2.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the SAN BERNARDINO's area of the
PROJECT site.
2.4 After the acceptance of the construction contract work by the PARTIES, SAN BERNARDINO
shall be responsible for the maintenance of the completed improvement within SAN
BERNARDINO's right-of-way.
3,0 REDLANDS AGREES TO:
3.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, its
proportionate share ($22,960) of the PROJECT cost, and any cost increases pursuant to
Section 6.10 below, within thirty (30) days after receipt of a final itemized statement as set
forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by the
DISTRICT to date and which have not already been paid by SAN BERNARDINO,
REDLANDS, IVDA and HIGHLAND, together with adequate documentation of said
expenditures.
3.2 Provide a no-cost permit to the DISTRICT for its work in REDLANDS' right-of-way.
3,3 Pay for an assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the REDLANDS' area of the PROJECT
site.
3.4 After acceptance of the construction contract work by the PARTIES, REDLANDS shall be
responsible for the maintenance of the completed improvement within REDLANDS' right-of-
way.
4.0 IVDA AGREES TO
4.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, its
proportionate share ($994,260) of the PROJECT cost, and any cost increases pursuant to
Section 6.10 below, within thirty (30) days after receipt of a final itemized statement as set
forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by the
DISTRICT to date and which have not already been paid by SAN BERNARDINO,
REDLANDS, IVDA and HIGHLAND, together with adequate documentation of said
expenditures.
4.2 Provide a no-cost permit to the DISTRICT for its work in IVDA's right-of-way.
4.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the IVDA's area of the PROJECT site.
4.4 After acceptance of the construction contract work by the PARTIES, IVDA shall be
responsible for the maintenance of the completed improvement within IVDA's right-of-way.
5.0 HIGHLAND AGREES TO:
5.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, its
proportionate share ($994,260) of the PROJECT cost, and any cost increases pursuant to
Section 6.10 below, within thirty (30) days after receipt of a final itemized statement as set
forth in Section 1.10 of this Agreement setting forth all actual PROJECT costs incurred by the
DISTRICT to date and which have not already been paid by SAN BERNARDINO,
REDLANDS, IVDA and HIGHLAND, together with adequate documentation of said
expenditures.
5.2 Provide a no-cost permit to the DISTRICT for its work in HIGHLAND's right-of-way.
5.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the HIGHLAND's area of the PROJECT
site.
5.4 After acceptance of the construction contract work by the PARTIES, HIGHLAND shall be
responsible for the maintenance of the completed improvement within HIGHLAND's right-of-
way.
6.0 IT IS FURTHER UNDERSTOOD AND AGREED:
6.1 The This Agreement shall become effective upon approval by the Parties.
6.2 All of the Flood Control District revenues as defined below, have been pledged to secure the
payment of the principal and interest on certain bonds and refunding bonds ("Bonds") issued
by the District in May 2007, The pledge constitutes a first lien on the revenues for the
payment of the Bonds. Any payments under this Agreement are subject to the prior pledge of
revenues described above. District payments pursuant to this Agreement will be made to the
extent there are sufficient funds available after payment of the Bonds. For purposes of this
paragraph, "revenues" shall mean all income and revenue received by the District from the
operation or ownership of the flood and storm water control and conservation facilities ("Flood
Control System") of the District (including but not limited to, all real and personal property, or
any interest therein, and all additions, improvements, betterments and extensions thereto),
determined in accordance with Generally Accepted Accounting Principles, including all ad
valorem property taxes received by the District pursuant to Article XIIIA of the Constitution of
the State of California and Section 95 et seq. of the California Revenue and Taxation Code, all
rents, royalties and license and permit fees and charges received by the District, investment
income and all other money howsoever derived by the District from the operation or ownership
of the Flood Control System or arising from the Flood Control System, but excluding (a) ad
valorem property taxes levied to pay any voter approved general obligation indebtedness of
the District, (b) assessments levied pursuant to Section 7 or Section 26.9 of the San
Bernardino County Flood Control Act (Cal. Uncod. Water Act, 6850 et seq.), and (c) grants,
advances or contributions in aid of construction, except to the extent such grants are
unrestricted and available for any expenditure of the District.
6.3 The DISTRICT agrees to indemnify and hold harmless SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND, 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 the
DISTRICT, its officers, employees, agents or volunteers in connection with the DISTRICT's
performance of its obligations under this Agreement.
6.4 SAN BERNARDINO agrees to indemnify and hold harmless the DISTRICT,REDLANDS,
IVDA and HIGHLAND, 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
SAN BERNARDINO, its officers, employees, agents or volunteers in connection with SAN
BERNARDINO's performance of its obligations under this Agreement.
6.5 REDLANDS agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
IVDA and HIGHLAND, 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
REDLANDS its officers, employees, agents or volunteers in connection with REDLANDS'
performance of its obligations under this Agreement.
6.6 IVDA agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS, and HIGHLAND, 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
IVDA its officers, employees, agents or volunteers in connection with IVDA's performance of
its obligations under this Agreement.
6.7 HIGHLAND agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS, and IVDA, 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
HIGHLAND its officers, employees, agents or volunteers in connection with HIGHLAND's
performance of its obligations under this Agreement.
6.8 In the event the DISTRICT and/or SAN BERNARDINO and/or REDLANDS and/or IVDA
and/or HIGHLAND is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the Agreement, the DISTRICT and/or
SAN BERNARDINO and/or REDLANDS and/or IVDA and/or HIGHLAND shall indemnify the
other parties to the extent of its comparative fault. Furthermore, if the PARTIES attempts to
seek recovery from the other parties for Workers' Compensation benefits paid to an
employee, the PARTIES agree that any alleged negligence of the employee shall not be
construed against the employer of that employee.
6.9 The DISTRICT, SAN BERNARDINO, REDLANDS, and HIGHLAND are self-insured public
entities for purposes of Professional Liability, General Liability, and Workers' Compensation.
The DISTRICT, SAN BERNARDINO, REDLANDS, and HIGHLAND warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
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6.20 This Agreement shall be governed by the laws of the State of California, Any action or
proceeding among the PARTIES 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.
6.21 Time is of the essence for each and every provision of this Agreement.
6.22 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.
6.23 No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by all parties.
6.24 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.
6.25 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.
6.26 PARTIES shall accept all payments from DISTRICT via electronic funds transfer (EFT)
directly deposited into the PARTIES designated checking or other bank account.
PARTIES shall promptly comply with directions and accurately complete forms
provided by DISTRICT required to process EFT payments. This Agreement shall inure
to the benefit of and be binding upon the successors and assigns of all parties.
6.27 This Agreement may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf the Cities of San
Bernardino, Redlands and Highland by their duly authorized officers and the DISTRICT has caused
the same to be duly executed in its name and in its behalf by its duly authorized representatives,
effectives as of the date hereunder written.
SAN BERNARDINO COUNTY
Flood Control District
Paul Biane, Chairman, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Dena M. Smith
Clerk of the Board of Supervisors
of the DISTRICT of San Bemardino.
By:
Deputy
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
00- ► 110
DISTRICT Counsel Department Head
Date Date Date
City of San Bernardino
(Print or type name of corporation, company,contractor.. etc.)
(Authorized signature-sign in blue ink)
Name Fred Wilson
(Print or type name of person signing contract)
Title City Manager
(print or Type)
Dated:
Address 300 N. "D" Street
San Bernarding, CA 92418
Approved as to Legal Form Attested by City Clerk
01 11.
City Counsel City Clerk
Date Date
City of Redlands
(Print or type no f corporation,, mpany,contractor, etc.)
11-111,
/►
f-A prized sign ure sign in blue ink)
Name Jon Harrison
(Print or type name of person signing contract)
Title Maygr
(Print or type)
Dated: August 7, 2007
Address 35 Cajon Street
Redlands CA 92 7
Approved as to Legal Form Attested by City Cleric-- y
City Counsel City rk
Cate August 7, 2007 Date August 7, 2{}47
City of Highland
(Print or type name of corporation,company,contractor,etc,)
10-
(Authorized signature-sign in blue ink)
Name Ross Jones
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:
Address 27215 Baseline
Highland, CA 92346
Approved as to Legal Form Attested
► ►
City Counsel City Clerk
Date Date
Inland Valley Development Agency
(Print or type name of corporation,company,contractor,etc.)
100-
(Authorized signature-sign in blue ink)
Name Donald L. Rogers
(Print or type name of person signing contract)
Title Interim Executive Director
(Print or Type)
Dated:
Address 294 So. Leyland-Norton Way, Suite 1
San Bernardino, CA 92408
Approved as to Legal Form
IPI
City Counsel
Date
EXHIBIT "A"
ESTIMATE OF CONSTRUCTION COSTS
FOR CITY OF SAN BERNARDINOXITY OF REDLANDSICITY OF HIGHLAND,
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY,
SAN BERNARDINO DISTRICT FLOOD CONTROL DISTRICT
FOR DRAINAGE IMPROVEMENTS AT ALABAMA STREET 1 CITY CREEK
TOTAL COST DISTRICT SAN REDLANDS HIGHLAND
DESCRIPTION OF PROJECT SHARE BERNARDINO SHARE IVDA SHARE SHARE
SHARE
Project $4,000,000 $994,260 $994,260 $22,960 $994,260 $994260
%of Project
per District 100% 24.9% 24.9% 0.6% 24.9% 24.9%
PROJECT costs may be increased or decreased.
EXHIBIT "Et"
CONTRACT CHANGE ORDER REVIEWIAPPROVAL
PROJECT:
DRAINAGE IMPROVEMENT AT ALABAMA STREET/CITY CREEK
SAN BERNARDINO DISTRICT CONTRACT#
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing
agreements with the San Bernardino County Flood Control District, City of San Bernardino, City of Redlands, Inland
Valley Development Agency and the City of Highland for the above project and the following shall apply:
DATE OF CITY/DISTRICT ACTION:
❑ APPROVED for Implementation with 100% Participation
❑ APPROVED Subject to Comments/Revisions Accompanying this Document
❑ APPROVED With Limited Funding Participation by the City/District
❑ % of Actual Cost to be Funded by the City/District
❑The City/District Participation Not to Exceed $
❑ DISAPPROVED-Not Acceptable to the City/District
Note: Approval under any of the above conditions shaft in no case be constructed as agreement to increase
the total financial participation beyond that prescribed in the existing SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, CITY OF SAN BERNARDINO, CITY OF HIGHLAND, INLAND VALLEY DEVELOPMENT
AGENCY, and CITY OF REDLANDS 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 ❑ NO
CITY/DISTRICT:
CITY/DISTRICT REPRESENTATIVE NAME AND TITLE:
CITY/DISTRICT REPRESENTATIVE SIGNATURE:
Distribution:
Signed Original Returned to San Bernardino County Flood Control District's Resident Engineer(FAX#909-370-5154)