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HomeMy WebLinkAboutContracts & Agreements_38-2008_CCv0001.pdf N' ,t u- !� OFFICIAL USE ONLY c�CCV 779 r�. New Vendor CodeSC Dist. Contract Number t w Change $ 11 .> Cancel 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 Melissa Walker 387-8120 Flood Control District $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/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D Drainage Improvement 07/08 $4,000,000 _ @ Alabama Street/City Creek —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 City of San Bernardino hereinafter called SAN BERNARDINO Address 300 North D Street San Bernardino, CA 92418 Telephone 909 384-5211 Federal ID No.or Social Security No. Name City of Redlands hereinafter called REDLANDS Address 35 Cajon Street Redlands, CA 92373 Telephone 909 798-7655 Federal ID No.or Social Security No. Auditor/Controller-Recorder Use Only 0 Contract Database 0 FAS Input Date Keyed By Name City of Highland hereinafter called HIGHLAND Address 27215 Baseline _ Highland, CA 92346 Telephone 909 864-6861 Federal ID No,or Social Security No. Name Inland Valley Development Agency hereinafter called IVDA Address 294 So. Leland-Norton Way, Suite 1 San Bernardino, CA 92408 Telephone 909 382-4100 Federal ID No.or Social Security No. 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 OES; 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% ($094,260), 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 Pay its proportionate share ($994,260) of the PROJECT cost, and any cost increases pursuant to Section 6.13 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. 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. 1.4 Arrange for relocation of any utilities, which interfere with construction of the PROJECT within the unincorporated area of the PROJECT site. 1.5 Obtain a no-cost permit from SAN BERNARDINO, REDLANDS, IVDA 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 insurance or self-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 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. The DISTRICT shall submit requests for funding and final costs to FHWA and State OES 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. DISTRICT shall reimburse SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND their proportionate shares within three (3) years of the approval of this agreement. 1.10 After 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. 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 following acceptance of the final construction cost accounting by the PARTIES. 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 6.13 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 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 6.13 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. city Cmek 4 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 6.13 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. 5.0 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 6.13 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 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, C 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 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. 6.7 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. 6.8 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. `geek 6.9 After opening of bids, estimate of cost will be revised based on actual bid prices. 6.10 The PARTIES acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional 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 6.13 and 6.14 below) over the estimated total PROJECT costs of $4,000,000 (which is the sum of $994,260 from the DISTRICT, $994,260 from SAN j BERNARDINO, $22,960 from REDLANDS, $994,260 from IVDA, and $994,260 from HIGHLAND) shall be borne at 24.9% equally by the DISTRICT, SAN BERNARDINO, IVDA, and HIGHLAND; REDLANDS shall carry 0.6% as part of the PARTIES' respective obligations to pay for PROJECT costs. 6.11 If after opening of bids for the PROJECT and if bids indicate a cost overrun of no more than 15% of the estimate, DISTRICT may award the contract 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. 6.12 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. 6.13 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. 6.14 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. 6.15 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 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. 6.16 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. 6.17 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. 6.18 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. w_._ �.��.� ��=_ e 6.19 Time is of the essence for each and every provision of this Agreement. 6.20 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. 6.21 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all PARTIES. 6.22 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. 6.23 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. 6.24 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. 6.25 This Agreement may be signed in counterparts, each of which shall constitute an original. GY LG YG L4 GY 4L Gi iG GG DRAINAGE IMPROVEMENT AT ALABAMA STREET/CITY CREEK 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 o Board for Signature Counsel r Department Head Date -- Date Rev W307 Date Dr }". it 1, . (` I� IT' a 4-,1 ,.rii ;ll`y/'...,!" ;'�:. 9 DRAINAGE IMPROVEMENT AT ALABAMA STREET/CITY CREEK 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.) 10 (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 Le al Form Attested by City Clerk ► ► City Counsel City Clerk Date Date 10 ■ - . . , , - ■ . ., „ . � ,.. ®, , ,- ` - , . , l � , ! , � . - , , � , . - , � . � , � � . # /: . / : ,. .,, � � . / , . . ! � -- . . , , ,� , � . , �! , , ,- � , , , -, -, �. , , � , , !, � , - . . , , . , - � ,, � . � , - �, , « , - , , , - � , . - `- ' „j � •- ~ , , --, , , • • ,, . „! ,. . ,,. DRAINAGE IMPROVEMENT AT ALABAMA STREET/CITY CREEK 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 am (Print or type ne of person signing contract) Title Mavor Dated: (Print or Type) Address 27215 Baseline Highland, CA 92346 Approved as to Legal Form Attested by City Clerk ► 00.City Counsel City Clerk Date Date 12 DRAINAGE IMPROVEMENT AT ALABAMA STREET/CITY CREEK 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 Agency (Print or type name of corporation,company,contractor,etc.) W. (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 GA 92408 Approved as to Legal Form Counsel Date _ „. . 13 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 DRAINAGE IMPROVEMENTS AT ALABAMA STREET/ CITY CREEK DESCRIPTION TOTAL COST DISTRICT SAN REDLANDS HIGHLAND OF PROJECT SHARE BERNARDINO SHARE IVDA SHARE SNARE SHARE Pro`ect $4,004,000 $994,260 $994,260 $22,960 $994,260 $994,260 %of Project per District 100% 24.9% 24.9% 0.8°IQ 24.9% 24.9% PROJECT costs may be increased or decreased. EXHIBIT "B" CONTRACT CHANGE ORDER REVIEW/APPROVAL. PROJECT: DRAINAGE IMPROVEMENT AT ALABAMA STREET I 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 shall 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#999-370-5154) 15