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HomeMy WebLinkAboutContracts & Agreements_259-2005_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION February 14, 2006 — FROM: PATRICK J. MEAD, Director Department of Public Works—Flood Control SUBJECT: AGREEMENT TO PROVIDE FUNDING FOR THE ALABAMA STREET CULVERT INSTALLATION PROJECT RECOMMENDATION: Acting as the governing body of the Flood Control District (District), approve Agreement No. 06-0146 with the cities of San Bernardino, Redlands, Highland, and the Inland Valley Development Agency (IVDA) in which each of the five parties will contribute $4 and, towards the $21 alley estimated cost of design and environmental permits for the Alabama Street Culvert Installation Project 0 City Creek. BACKGROUND INFORMATION: As a result of the storms of January and February 2005, the existing channel crossing and roadway at Alabama Street and City Creek were damaged and subsequently closed to the public. The District has agreed to assist the three neighboring cities (San Bernardino, Redlands and Highland) and IVDA to improve the existing condition and act as lead agency for the design and construction of this project. In this capacity, the District will advertise, award and initially fund the project's entire construction cost. This proposed agreement is to provided funding for Phase 1 of the project, which includes design and environmental processing for the installation of two 48-feet by 15-feet pre-cast concrete arch culverts just north of the existing concrete boxes, with upstream and downstream improvements. The total cost of this phase is estimated at$212,340. In accordance with this proposed agreement, the District, the cities of San Bernardino, Redlands, Highlands, and the IVDA have agreed to each contribute $42,468 (20% of the Phase I costs). Phase 2 of the project will include the actual construction. Costs for this phase will also be equally shared by the same parties via a separate agreement or as an amendment to this agreement in the future. REVIEW BY OTHERS: This item was reviewed by Deputy County Counsel Charles S. Scolastico (387- 5481) on January 25, 2006, Risk Management (John Eisel, 386-9024) on August 1, 2005, and the County Administrative Office (Tom Forster, Administrative Analyst, 387-4635)on February 1, 2006. FINANCIAL IMPACT: The total design and environmental costs for the proposed improvements are estimated at $212,340. The District and the other four parties will each contribute $42,468 towards this cost. Funding for the District's share is available in the FY 2005/06 Zone 2 and Zone 3 budget. It is expected that a large majority of this project's cost will be reimbursed by Emergency Relief Funds from the Federal Highways Administration ($153,963) and by the State Office of Emergency Services ($14,956). As a result, the net financial impact to the District and the other four parties will be reduced to $8,684 apiece. The District will submit requests for reimbursement to the Federal Highways Administration and the State Office of Emergency Services on behalf of the five parties and distribute the funds after receiving reimbursement. SUPERVISORIAL DISTRICT(S): 3rd PRESENTER: Patrick J. Mead, 387-7906 cc: PW-Ignatius w/6 agreements Record of Action of the Board of Supervisors Contractors c/o PW w/agreements Agr o. 06-0146 Auditor-Mejico w/agreement APP t (C CALENDAR) IDS-w/agreement ORS Risk Management-Eisel T Q RDINO � PW/Flood-Mead MOTION Yr AYE SECOND CC-Scolastico ���x��av"x°t° 4 5 CAO-Forster DENA C A File-w/agreement BY Rev 07/97 m1 DATED: Feb NO Co ITCIU A,),) �Ntr FL pp0 FOR COUNTY USE ONLY v 199 c�P New Vendor Code �� Dept. Contract Number �. Change 0(a— 014(, Cancel y County Department Dept. Orgn. Contractor's License No. -quFaa+a Public Works 097 097 County Department Contract Representative Telephone Total Contract Amount San Bernardino County Annesley Ignatius 387-8120 $212,340 Flood Control District Contract Type FAS ❑ Revenue X 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 $162,340 Fund Dept. Organization Appr. ObyRev Source GRC/PROJ/JOB No. Amount RFL 093 093 200 2445 78FO2090 $50,000 Project Name Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D Alabama Street City Creek Culvert Improvement Replacement THIS CONTRACT is entered into in the State of California by and between the San Bernardino County 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 Name City of Highland hereinafter called HIGHLAND Address 27215 Baseline Highland, CA 92346 Telephone Federal 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 Auditor/Controller-Recorder Use Ont G]Contract Database 0 FAs Input Date Keyed By' 12/8105 Page 1 of 11 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) desire to cooperate and jointly participate in design and construction for drainage improvements, including the installation of drainage culverts, bank protection and roadway improvement at the Alabama Street crossing at City Creek (hereinafter referred to as PROJECT); and WHEREAS, the PROJECT will be of mutual benefit to the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND; and WHEREAS, the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND are aggressively seeking grant from Federal and State agencies and will apply future grant funding towards the design and construction of the PROJECT; and WHEREAS, the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to use local funds initially toward the design and environmental processing in an effort to expedite this portion of the PROJECT; and WHEREAS, the design and environmental processing is estimated at $212,340 of which DISTRICT's share is estimated at 20% ($42,468), SAN BERNARDINO's share is estimated at 20% ($42,468), IVDA's share is estimated at 20% ($42,468), REDLANDS's share is estimated at 20% ($42,468), and HIGHLAND's share is estimated at 20% ($42,468), as shown in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to set forth responsibilities and obligations of each as it pertains to such participation and to the design and environmental processing of the proposed Project. WHEREAS, the construction phase of the PROJECT will be covered under a separate agreement and/or an addendum to this agreement; and NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION I DISTRICT SHALL 1. Act as the Lead Agency in the preparation of construction plans and environmental processing for the PROJECT and to coordinate with State and Federal agencies in submitting and processing the pertinent documentation for funding. 2. Provide plans and construction specifications for review and approval by SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND. 12/8/05 Page 2 of 11 3. Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the design, environmental processing and overhead cost. DISTRICT's proportionate share is 20% of the PROJECT costs, which is estimated at $42,468. 4. Keep an accurate accounting of SAN BERNARDINO's, REDLANDS', IVDAs, and HIGHLAND's contributions, credits and respective PROJECT expenses as set forth herein. Furnish SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND with a PROJECT accounting summary on a monthly basis. 5. Provide any applicable NEPA and CEQA requirements as a part of environmental processing. SECTION 11 SAN BERNARDINO SHALL 1. Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the design, environmental processing and overhead cost. SAN BERNARDINO's proportionate share is 20% of the PROJECT costs, which is estimated at $42,468. 2. Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section V1.1 and V1.2, within thirty (30) days after receipt of an itemized statement. SECTION III REDLANDS SHALL 1. Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the design, environmental processing and overhead cost. REDLANDS' proportionate share is 20% of the PROJECT costs, which is estimated at $42,468. 2. Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section V1.1 and V1.2, within thirty (30) days after receipt of an itemized statement. SECTION IV IVDA SHALL 1. Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the design, environmental processing and overhead cost. IVDA's proportionate share is 20% of the PROJECT costs, which is estimated at $42,468. 2. Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section V1.1 and V1.2, within thirty (30) days after receipt of an itemized statement. 12/8/05 Page 3 of 11 SECTION V HIGHLAND SHALL 1. Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the design, environmental processing and overhead cost. HIGHLAND'S proportionate share is 20% of the PROJECT costs, which is estimated at $42,468. 2. Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section V1.1 and VI.2, within thirty (30) days after receipt of an itemized statement. SECTION VI IT IS MUTALLY AGREED TO 1. The parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs over the estimated total PROJECT cost of $212,340 shall be reimbursed to the DISTRICT in accordance with their respective portions as set forth in Exhibit "A". 2. Additional work/costs arising from unforeseen conditions (e.g. additional studies requested by environmental regulatory agencies, Caltrans/FHWA, etc.) will be paid by DISTRICT, SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND in accordance with their respective portion as set forth in Exhibit "A". If DISTRICT, SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work. 3. This Agreement may be cancelled upon thirty (30) days written notice of any party, provided however, that no party may cancel this Agreement after DISTRICT lets a contract to design the PROJECT. In the event of cancellation as provided herein, all PROJECT costs required to be paid by the parties prior to the effective date of cancellation shall be paid by the parties in the proportion provided herein. 4. 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 SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND for their shares of the PROJECT. 5. 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. This Agreement shall be governed by the laws of the State of California, Any action or proceeding between DISTRICT, SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND 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 Central Judicial District of San Bernardino County, California. 12/8/05 Page 4 of 11 7. Time is of the essence for each and every provision of this Agreement. 8. 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. 9. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all parties. 10. 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. 11. 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. SECTION VII IT IS FURTHER UNDERSTOOD AND AGREED: 1. This agreement shall become effective upon approval by SAN BERNARDINO, REDLANDS, and HIGHLAND's City Council, IVDA, and the DISTRICT'S Board of Supervisors. 2. INDEMNIFICATION Indemnification — SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless the DISTRICT and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the DISTRICT on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Parties' indemnification obligation applies to the DISTRICT'S "active" as well as "passive" negligence but does not apply to the DISTRICT'S "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. IN WITNESS WHEREOF, this agreement, has been fully executed on behalf of the CITIES and IVDA by its duly authorized officers and the DISTRICT have caused the same to be duly executed in its name and on its behalf by its duly authorized representatives, effective as of the date hereunder written. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of all parties. 12/8/05 Page 5 of 11 SAN BE RDINO Flood rol Dis Bill Postmus, Chairman, Board of Supervisors Dated: FTB 14 2W SIGNED AN I. = A COPY OF THIS DOCUME j } ,. D TO THE CHAIRM p �O f Supervisors �u of Bernardino. By 40 ' *,DINO CO Approved as to Legal Form Reviewed by Co ct Compliance Presented BOS for Signature C unty ns i " ^' Department Head Date 2 Date Date 1/3(3/0 12/8/05 Page 6 of 11 City of San Bernardino (Print or type name of corporation,company, contractor,etc.) gthorized signature-sign in blue ink) Name }: � , � If Print or type name of person signing contract) Title A40 P, j [�%Itt or Type) Dated: k Address 300 N. "D" Street San Bernardino CA 92418 Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By:__ 1218!05 Page 7 of 11 City of Redlands (Print or type n of corp #ibn,company,contractor,etc.) ATTEST A--f (Authorized signature-sign in blue ink) Narf(e Jon Harrison (Print or type name of person signing contract) Lor�e Poyzy C ty Clerk Title Mayor (� (Print or Type) Dated: December 20 2005 Address 35 Callon Street Redlands CA 92373 12/8/05 Page 8 of 11 Cit Hi hland (Pr' ype name of c rp kcompa co ctor,etc.) (Authorized signature-s* i Niue nk) Name '`: 3f (Print or type name of person signing contract) Title f Prin or Type Dated: / ' A a Address 27215 Baseline Highland, CA 92346 1218105 Page 9 of 11 Inland Valley Development Agency (Print or type name of corporation,company,contractor, etc.) (Au horixed signature-sign nFe ink) Name Donald L. Ropers (Print or type name of person signing contract) Title Interim.Executive Director (Print or Type) Dated: Address 294 S. Leland Morton Way, Spite 1 San Bernardino CA 92408 1218105 Page 10 of 11 EXHIBIT "A" ESTIMATE OF PROJECT COSTS FOR CITY OF SAN BERNARDINO/CITY OF REDLANDS/CITY OF HIGHLAND, SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR DRAINAGE IMPROVEMENTS AT ALABAMA STREET / CITY CREEK TOTAL %OF SAN DISTRICT REDLANDS HIGHLAND DESCRIPTION COST OF PROJECT SHARE BERNARDINO SHARE IVDA SHARE SHARE PROJECT DISTRICT SHARE Design $50,340 20% $10,068 $10,068 $10,068 $10,068 $10,068 Environmental Processing $112,000 20% $22,400 $22,400 $22,400 $22,400 $22,400 Administration Cost $50,000 20% $10,000 $10,000 $10,000 $10,000 1 $10,000 TOTAL $212,340 20% $42,468 $42,468 $42,468 $42,468 $42,468 PROJECT costs may be increased or decreased. 12/8/05 Page 11 of 11 DEPARTMENT OF PUBLIC WORKS COUNTY OF SAN BERNARDINO FLOOD CONTROL • SOLID WASTE MGMT • SURVEYOR • TRANSPORTATIONPUBLIC AND SUPPORT A" SERVICES GROUP y- 825 East Third Street • San Bernardino,CA 92415-0835 • (909)387-8104 PATRICK J.MEAD Fax (909)387-8130 Director of Public Works LETTER OF TRANSMITTAL TO: City of Redlands Date: February 17, 2006 Attn: Ronald C. Mutter P.O. Box 3005 Redlands, CA 92373 File: 2-601 We are forwarding the following items: ❑ Prints ❑ Plans ❑ Specifications ❑ Copy of Letter ®Attached Enclosed is one fully executed agreement #06-0146 for Alabama Street @ City Creek Culvert. These are transmitted as checked below: ❑ For Approval ❑ Approved as submitted ❑ Approved as noted ❑ For your use ❑ Returned for corrections ❑ Per our discussion ❑As requested ❑ For review and comment ❑ To be completed ❑ Other: Remarks: If you have any questions please call Gia Kim at 387-8123 Annes/ey Ignatius, P.E„ Chief REMNED Flood Control Planning Division Telephone: (909) 387-8120 FEB 1 ?OOn C WORKS DEPT fy �t[�� ,Ifi„s,r 7E- rr P�,r :t< ,P, Ffff L-iris'_ — r