HomeMy WebLinkAboutContracts & Agreements_188-2008_CCv0001.pdf -Trwy� 1pir)k- iiy�t)
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387-8120 X4,000,000
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Project Name
Estimated Payment Total by Fiscal Year
Alabama Street at FY Amount I/D Ft,
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-� City Creek ---__
Road Improvements �—
THIS AGREEMENT is entered into in the State of California b an
Control District, hereinafter called the District, and --_
Y d between the San Bernardino County Flood
Name
Address City of San Bernardino
300 North D Street hereinafter called SAN BERNARDINO
T San Bernardino CA 92418
909 384-5211 Federal ID No.or Socia security No.
Name
City of Redlands
!!�:35
Ca'on Street hereinafter called REDLANDS
Redlands, CA 92373
Telephone
909 798-7655 Fede,ID No.or social Security No.
AudfMr/Controor UsOn
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Alabama Street at City Creek Road Improvements
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isa Caldera k r
From: Jane Weathers -
Sent: Tuesday, March 03, 2009 1:17 PM
To: Lisa Caldera
Cc: Patty Baker
Subject: FW: FAS Standard Contract Alabama St c@City Creek Rd.pdf-Adobe Acrobat Professional
Lisa,
Please see the response below from Tom Fujiwara regarding the document you left with Patty.
Thank you,
.lane
x4147
From: Tom Fujiwara
Sent: Tuesday, March 03, 2009 1:12 PM
To: Patty Baker
Cc: Rosemary Hoerning; Jane Weathers
Subject: RE: FAS Standard Contract Alabama St(a City Creek Rd.pdf- Adobe Acrobat Professional
The agreement is still being revised by the agencies involved in the agreement, so the previously approved one is
no longer any good. A new one will be forthcoming in the near future.
Tom T. Fujiwara, P.E.
Assistant City Engineer
City of Redlands
Municipal Utilities and Engineering Department
P.O. Box 3005
35 Cajon Street, Suite 15A
Redlands, CA 92373-1505
(909) 798-7584, xt. 7
Fax (909) 798-7670
From: Patty Baker
Sent: Tuesday, March 03, 2009 12:53 PM
To: Tom Fujiwara
Cc: Rosemary Hoerning; Jane Weathers
Subject: FAS Standard Contract Alabama St@a City Creek Rd.pdf-Adobe Acrobat Professional
Tom,
Lisa from the City Clerk's office came by with this document, She stated that they have not received the signed
original. Do you know anything about this?
Patty
3/3/2009
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Cyd Vendor Code SC Dist. Contract Number
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Flood Control District Dist. Orgn. Contractor's License No.
Public Works 097 097
Flood Control District Contract Representative Telephone Total Contract Amount
San Bernardino County
Flood Control District Melissa Walker 387-8120 $4,000,000
FAS Contract Type
❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other;
STANDARD CONTRA
If not encumbered or revenue contract type,provide reason:
CT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr, ObyRev 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 i/D
Alabama Street at 08/09 $4,000,000 _
City Creek
Road Improvements —THIS AGREEMENT is entered into in the State of California by and between the San Bernardino County Flood
Control District, hereinafter called the District, and
Name
Address City of San Bernardino hereinafter called SAN BERNARDINO
300 North D Street
San Bernardino, CA 92418
Telephone 909 384-5211 Federal ID No.or Social Security No.
Name
Address City of Redlands hereinafter called REDLANDS
35 Cajon Street
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
909 798-7655
Auditor/Controller-Recorder Use On/
0-L Contract Database O FAS
Input Date Keyed By
Alabama Street at City Creek Road Improvements
1
Name
Address City of Highland hereinafter called HIGHLAND
27215 Baseline
Highland, CA 92346
Telephone Federal ID No.or Social Security No.
909 864-6861
Name
Address Inland Valley Development Agency hereinafter called IVDA
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone Federal 10 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 Ci of Redlands (hereinafter
referred to as REDLANDS), Inland Valley Development Agency (herein, City I re
after 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 with their proportionate cost shares
in environmental mitigation, construction and construction engineering for road and 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, while the PROJECT is a road improvement project, the DISTRICT recognizes there is a
benefit to the DISTRICT by improving an existing obstruction to the DISTRICT's City Creek facility; and
WHEREAS, the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS, PARTIES desire to commence construction of the PROJECT in spring 2009; and
WHEREAS, construction plans, special provisions and cost estimates for the PROJECT shall be
approved by the PARTIES prior to advertising for construction bids on the PROJECT; and
WHEREAS, total projected costs for the PROJECT is approximately$4,000,000, while Federal Highways
Administration (hereinafter referred to as FHWA) has approved of $3 funding 2 per the FHWA
Damage Assessment Form to cover permanent restoration and reconstruction engineering; and
WHEREAS, the DISTRICT has received approval for funding from FHWA (88.53% of approved
PROJECT costs) and State Office of Emergency Services (hereinafter referred to as State OES) (8.6%
of approved PROJECT costs)for the PROJECT; and
WHEREAS, the DISTRICT has received approval from FHWA for the funding of the permanent
restoration work and will coordinate with FHFWA and State OES for reimbursement claims for the
PROJECT; and
Alabama Street at City Creek Road Improvements
2
WHEREAS, an estimated $3,068,862 of the PROJECT costs will be funded by the grants from FHWA
and State OES; and,
WHEREAS, on June 3, 2008 the County Board of Supervisors approved a loan from the County of San
Bernardino Transportation Department to the DISTRICT to proceed with the PROJECT; and
WHEREAS the DISTRICT will repay the loan upon reimbursements from FHWA and State OES, and
WHEREAS, approximately- $840,458 of the PROJECT costs are not covered by the grant and local
match will be shared proportionately between the PARTIES; and,
WHEREAS, the DISTRICT and HIGHLAND desire to provide initial funding for the PROJECT; and
WHEREAS, the DISTRICT will provide initial funding of $2,447,056 and HIGHLAND will provide initial
funding of $994,260 for the current approved total PROJECT cost which covers permanent restoration
and construction engineering; and
WHEREAS, the DISTRICT will reimburse HIGHLAND an amount above its proportionate final cost share
funded initially upon receipt of grant funds from FHWA and State OES; and
WHEREAS, the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to fund the
final local match for the grant and any of the PROJECT costs not covered by the grant funds; and
WHEREAS, the total currently estimated proportionate shares of the PROJECT cost after grant funding
are: DISTRICT 4.66% ($186,228), SAN BERNARDINO 4.66% ($186,228), IVDA 4.66% ($186,228),
REDLANDS 4.66% ($186,228), and HIGHLAND 4.66% ($186,228), as shown in Exhibit "A", attached
hereto and incorporated herein by reference; and
WHEREAS, the DISTRICT will borrow up to $3,000,000 in funding from the County of San Bernardino
Transportation Department by a separate resolution; and,
WHEREAS, the PARTIES desire to pay the DISTRICT their local share, net of grant funding, upon the
approval or amendment of PROJECT contracts; and
WHEREAS, the DISTRICT shall retain the grant funds for the PROJECT as reimbursement of costs
incurred, but not billed to PARTIES; and
WHEREAS, the PARTIES recognize that PROJECT costs and grant funds are estimated and subject to
change and that it is the intent of the PARTIES that the PARTIES shall pay for their true share of costs,
net of grant funding, pursuant to the cost sharing percentages indicated in Exhibit"A"; 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 --
1.1 Act as the Lead Agency to oversee and administer the construction and construction
engineering of the PROJECT.
1.2 Pay its proportionate share of the PROJECT cost, and any cost increases pursuant to Section
6.13 below, and shall cover any cash flow needs of the PROJECT resulting from the lapse of
time between the incurring of costs and receipt of grant funds.
Alabama Street at City Creek Road improvements
3
1.3 Construct the PROJECT by AGREEMENT in accordance with the plans and specifications of
the DISTRICT who will seek approval from SAN BERNARDINO, REDLANDS, IVDA and
HIGHLAND.
1A Arrange for relocation of any utilities, which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain no-cost permits from SAN BERNARDINO, REDLANDS and HIGHLAND for work
within the respective right-of-way of each.
1.6 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.7 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 Subrogation 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-Contributory—All policies required above are to be primary and
non-contributory with any insuranceorself-insurance programs carried or administered
by the DISTRICT.
1.8 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/or HIGHLAND for such records.
1.9 All PROJECT costs including the cost of PROJECT construction, construction engineering,
and overhead costs shall be paid for by the PARTIES on a net basis, calculated by
subtracting the anticipated grant reimbursement (currently estimated at 97.13% of total
approved PROJECT costs) from the gross costs incurred. The DISTRICT shall submit
requests for funding and final costs to FHWA and State OES and shall retain all grant funds
as reimbursement for costs incurred but not billed to PARTIES.
1.10 After acceptance of the construction work by the PARTIES, the DISTRICT shall be
responsible for the maintenance of the completed flood control related improvement within the
DISTRICT's right-of-way.
1.11 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 and paid for by the
PARTIES.
Alabama Street at City Creek Road improvements 4
1.12 Pay its proportionate share of the PROJECT costs if the grant funding is relinquished,
deobligated or otherwise not funded.
1.13 Provide initial funding of $2,447,056 for the current approved PROJECT cost which covers
permanent restoration and construction engineering.
1.14 Reimburse HIGHLAND the amount above its proportionate final cost share funded initially
upon receipt of grant funds from FHWA and State OES.
1.15 The DISTRICT will borrow, as needed, up to $3,000,000 in funding from the County of San
Bernardino Transportation Department by a separate agreement.
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 of the anticipated net local match and the anticipated PROJECT costs not
covered by the grant funds, of the PROJECT cost including environmental mitigation, and any
cost increases pursuant to Section 6.14 below, within thirty (30) days after receipt of a final
itemized statement as set forth in Section 1.11 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 by the PARTIES, SAN BERNARDINO shall be
responsible for the maintenance of the completed improvement within SAN BERNARDINO's
right-of-way.
2.5 Pay one fifth of any and all mitigation costs associated with this PROJECT.
2.6 Pay its proportionate share of the PROJECT costs if the grant funding is relinquished,
decibligated or otherwise not funded.
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 of the anticipated net local match and the anticipated PROJECT costs not
covered by the grant funds, of the PROJECT cost including environmental mitigation, and any
cost increases pursuant to Section 6.14 below, within thirty (30) days after receipt of a final
itemized statement as set forth in Section 1.11 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 and 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.
Alabama Street at City Creek Road Improvements 5
3.4 After acceptance of the construction by the PARTIES, REDLANDS shall be responsible for
the maintenance of the completed improvement within REDLANDS' right-of-way.
3.5 Pay one fifth of any and all mitigation costs associated with this PROJECT.
3.6 Pay its proportionate share of the PROJECT costs if the grant funding is relinquished,
deobligated or otherwise not funded.
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 of the anticipated net local match and the anticipated PROJECT costs not
covered by the grant funds, of the PROJECT cost including environmental mitigation, and any
cost increases pursuant to Section 6.14 below, within thirty (30) days after receipt of a final
itemized statement as set forth in Section 1.11 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 or 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 by the PARTIES, IVDA shall be responsible for the
maintenance of the completed improvement within IVDA's right-of-way.
4.5 Pay one fifth of any and all mitigation costs associated with this PROJECT.
4.6 Pay its proportionate share of the PROJECT costs if the grant funding is relinquished,
deobligated or otherwise not funded.
5.0 HIGHLAND AGREES TO:
5.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, its
initial funding share ($994,260) of the PROJECT cost including environmental mitigation, and
any cost increases pursuant to Section 6.14 below, within thirty (30) days after receipt of a
final itemized statement as set forth in Section 1.11 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 by the PARTIES, HIGHLAND shall be responsible for the
maintenance of the completed improvement within HIGHLAND's right-of-way.
5.5 Pay one fifth of any and all mitigation costs associated with this PROJECT.
5.5 Pay its proportionate share of the PROJECT costs if the grant funding is relinquished,
deobligated or otherwise not funded.
Alabama Street at City Creek Road Improvements 6
6.0 IT IS FURTHER UNDERSTOOD AND AGREED:
6.1 This AGREEMENT shall become effective upon approval by the PARTIES.
6.2 All of the DISTRICT's 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 43-7 or
Section 43-26.9 of the San Bernardino County Flood Control Act (Cal. . Water Code App.
Sect. 43-1 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 This AGREEMENT is contingent upon the ability of the DISTRICT to borrow funds as set forth
in Section 1.6 above,
6.4 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 negligent act or
omission of the DISTRICT, its officers, employees, agents or volunteers in connection with the
DISTRICTS performance of its obligations under this AGREEMENT,
6.5 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 negligent 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.
6.6 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 negligent act or
omission of REDLANDS its officers, employees, agents or volunteers in connection with
REDLANDS' performance of its obligations under this AGREEMENT.
6.7 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 negligent act or
omission of IVDA its officers, employees, agents or volunteers in connection with IVDA'
performance of its obligations under this AGREEMENT
Alabama Street at City Creek Road improvements 7
6.8 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 negligent act or
omission of HIGHLAND its officers, employees, agents or volunteers in connection with
HIGHLAND's performance of its obligations under this AGREEMENT.
6.9 The PARTIES agree to waive all rights subrogation against each other.
6.10 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
Workers' Compensation to provide coverage for liabilities arising out of the PARTIES
performance of this AGREEMENT.
6.11 After opening of bids, estimate of cost will be revised based on actual bid prices
6.12 The PARTIES acknowledge that final PROJECT costs may ultimately exceed current
estimates of PROJECT costs and that final PROJECT cost reimbursements from FHWA and
State OES may vary from current estimates. Any additional net 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 6.14 and 6.15 below) or from
shortfalls in FHWA/State OES revenue shall be borne at 20% equally by the DISTRICT, SAN
BERNARDINO, IVDA, HIGHLAND and REDLANDS; as part of the PARTIES' respective
obligations to pay for PROJECT costs.
6.13 If after opening of bids for the PROJECT the submitted bids indicate a cost overrun of no
more than 15% of the estimate, DISTRICT may award the AGREEMENT, and the cost of
construction shall be borne pro rata by the PARTIES as part of the PARTIES' respective
obligations to pay for PROJECT costs.
6.14 If, upon opening of bids, it is found that the costs exceed 15% of the cost of construction,
PARTIES shall endeavor to agree upon an alternative course of action. If, after thirty (30)
days, an alternative course of action is not mutually agreed upon in writing, this AGREEMENT
shall be deemed to be terminated by mutual consent.
6.15 Additional work/costs arising from unforeseen site conditions (e.g. relocating a Utility that the
PARTIES were not aware of) will be paid by the PARTIES in proportion to the location of said
work. If any PARTY 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. The PARTIES recognize that IVDA is merely a funding source and as
such has no jurisdiction over items that may be deemed to be unforeseen site conditions and
as such, IVDA shall not be responsible for the payment of any additional work/costs arising
from unforeseen site conditions.
6.16 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 the PARTIES. Contract Change Order forms will be delivered by fax and
must be returned within two working days.
6.17 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY,
provided however, that no PARTY may cancel this AGREEMENT after the DISTRICT lets a
contract to construct the PROJECT. In the event of cancellation as provided in this
paragraph, the PROJECT costs required to be paid by the PARTIES prior to the effective date
of cancellation shall be paid by the DISTRICT in the proportion provided herein.
Alabama Street at City Creek Road improvements 8
6.18 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 the PARTIES for their shares of the PROJECT, or within I (one)
year from the Effective Date of this AGREEMENT.
6.19 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.
6.20 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. In the event of litigation arising from this AGREEMENT, each
PARTY to the AGREEMENT shall bear its own costs, including attorney fees. This provision
concerning costs shall not apply to costs or attorney's fees relative to Paragraphs 6.10
through 6.13.
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 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 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.
6.28 This AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of all PARTIES.
Alabama Street at city Creek Road improvements
ALABAMA STREET AT CITY CREEK— ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf the of the IVDA and
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, effective as of the date hereunder written.
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
PAUL BIANE, Board Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Dena M. Smith, Secretary
By:
Deputy
Approved as to Legal Form Reviewed by Contract compliance Presented to Board for Signature
Counsel
Department Head
Date Date
Rev OW307 Date
Alabama Street at City Creek Road improvements
10
ALABAMA STREET AT CITY CREEK— ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf the of the IVDA and
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, effective as of the date hereunder written.
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 Bernardino, CA 92418
Approved as to Legal Form Attested by City Clerk
10. ►
City Counsel City Clerk
Date Date
Alabama Street at City Creek Road improvements
A
ALABAMA STREET AT CITY CREEK— ROAD IMPROVEMENTS
k
N
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf the of the IVDA and
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, effective as of the date hereunder written.
City of Redlands
(Print or type a of corpora t on, company,contractor, etc.)
~ `
(Authorized grrynature-sign in blue ink)
Name Jon Harrison
{Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated: November 18 gnno
Address 35 Caion Street
Redlands CA 92373
Approved as to Legal Fours Attested b Cit
City Ca el City Clerk
Date
2&&(711
bate November 2008
i
Alabama Street at City Creek Road Improvements
12
ALABAMA STREET AT CITY CREEK— ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf the of the IVDA and
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, effective as of the date hereunder written.
City of Highland
(Print or type name of corporation,company,contractor, etc.)
(Authorized signature-sign in blue ink)
Name Ross Jones
(Print or type name of person signing contract)
Title Ma vor
Dated: (Print or Type)
Address 27215 Baseline
Hi hland CA 92346
Approved as to Legal Form Attested by City Clerk
0.
City Counsel ►
City Cleric
Date
Date
Alabama Street at City Creek Road Improvements
U
r
ALABAMA STREET AT CITY CREEK- ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf the of the IVDA and
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, effective as of the date hereunder written.
Inland Valley Development A encs
(Print or type name of corporation,company,contractor, etc.)
r
(Authorized signature-sign in blue ink)
Name Donald I_ Rogers
(Print or type name of person signing contract)
Title Interim Executive Director
Dated: (Print or Type)
Address 294 So. Levland-Norton Wav Suite 1
San Bernardino CA 92408
Approved as to Legal Form
10.
Counsel
Date
Alabama Street at City Creels Road Improvements
14 I
EXHIBIT "A"
ESTIMATE OF CONSTRUCTION COSTS
FOR CITY OF SAN BERNARDINO, CITY OF REDLANDS, CITY OF HIGHLAND,
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY,
SAN BERNARDINO DISTRICT FLOOD CONTROL DISTRICT
FOR ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
i
DESCRIPTION TOTAL COST FHWA/Stab DISTRICT SAN
OF PROJECT DESSHARE SHARE BERNARDINO R SHARE S 'IVDA SHARE HIGHLAND
SHARE SHARE
Grant/Local
Match $3,159,542 1 ;3,068,862 $18,136 $18,136 $18,136 $18,136 $18,136
%per agency 97.13% 0.574% 0.574% 0.574% 0.574% 0.574%
Not Covered
by grant 1 $840,458 $0 $168,092 $168,092 $168,092 1 $168,092 $168,092
r agency 0% 20% 20% 20% °
20� 20%
TOTALS $4,000,000 1 $3,068,862 $186,228 $186 228 $186,228 $186,22 $186 228
r agency 76.72% 4.66% 4.66% 4.66% 4.66% 4.66%
PROJECT costs and/or FHWA/State OES share may be increased or decreased.
i
Alabama Street at City Creek Road Improvements
IS
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/AppROVAL
PROJECT.
ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
SAN BERNARDINO DISTRICT CONTRACT#
File:
Proposed Contract Change Order No. has been reviewed in accordance with
the agreements with the San Bernardino County Flood Control District, City of San Bernardino, City of R dlands,nla
Valley Development Agency and the City of Highland for the above project and the followingshall nd
DATE OF CITY/DISTRICT ACTION: / apply:
❑APPROVED for Implementation with 100% Participation
❑APPROVED Subject to Comments/Revisions Accompanying this Document
❑APPROVED With Limited Funding Participation by the City/District
❑ % of Actual Cost to be Funded by the City/District
❑ The City/District Participation Not to Exceed$
❑ DISAPPROVED-Not Acceptable to the Cid,/pistrict
Note: Approval under any of the above conditions shall in no case be constructed as an 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)
Alabama Street at City Creek Road Improvements