HomeMy WebLinkAboutContracts & Agreements_14-13_CCv0001.pdf SAP Contract No. 4600009924
STATE OF CALIFORNIA
THE NATURAL RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES AND
THE CITY OF REDLANDS
UNDER THE FLOOD CORRIDOR PROGRAM
THIS AGREEMENT, made in quadruplicate and, commencing this 5th day of February
of 2013, is entered into by and between the Department of Water Resources of the
State of California (hereinafter called the State), and The City of Redlands, (hereinafter
called the Grantee) for the Opal Basin Improvements and Judson Street Agricultural
Preservation Project.
The State and the Grantee agree as follows:
SECTION 1 PURPOSE OF AGREEMENT
This Agreement is made by and between the State to the Grantee to assist in financing
a Flood Protection Project pursuant to the Disaster Preparedness and Flood Prevention
Bond Act of 2006 (Public Resources Code Section 5096.800 et seq, Division 5,
Chapter 1.699, Article 4), specifically Public Resources Code 5096.825.
Grant funds may be used only as provided in this Agreement for such Eligible Project
Costs as set forth in the Scope of Work and Budget, copies of which are incorporated
herein by this reference and set forth in Exhibit B, Project Location, Exhibit C, Scope of
Work and Exhibit D, Budget which describe tasks to be accomplished and costs
associated with those tasks under this Agreement.
SECTION 2 TERM OF AGREEMENT
This Agreement shall remain in effect for three (3) years from the date of execution. The
date of execution shall be the last date of the required signatures of the parties to the
Agreement. Certain activities specified in this Agreement have a different term such as
maintenance responsibilities of the grantee which continue in perpetuity and require
annual reporting for five years after project completion.
SECTION 3 PROJECT COSTS
The Total Project Costs (identified in Exhibit D) are estimated to be $5,690,085.00.
SECTION 4 STATE GRANT
Pursuant to the California Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Act of 2006, and subject to the availability of
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funds, including any mandates from the Department of Finance, the Pooled Money
Investment Board, or any other State authority, the State will reimburse the Grantee, in
accordance with the terms of this Agreement, an amount equal to the Grantee's eligible
expenditures for this project not to exceed $5,000,000.00, as the State Share, as
identified in Exhibit D, Budget. The State will not make payments of any kind—
advances or reimbursements until funding is made available by the State Treasurer,
after allocation decisions are made by the Pooled Money Investment Board and
Department of Finance.
SECTION 5 GRANTEE'S COST SHARE AMOUNT
The Grantee agrees to fund the difference, if any, between the actual Project Cost and
the State Grant (Section 4). The rate of payment of State grant funds expressed as a
percentage share of the State Grant cannot exceed the rate of payment of expenses by
the grantee expressed as a percentage of the grantee's share of project costs without
prior State authorization.
SECTION 6 INCORPORATION OF STANDARD TERMS AND GRANTEE
COMMITMENTS
In addition to Exhibits B, C, and D, this agreement by this reference incorporates Exhibit
A, Standard Terms and Exhibit E. Planned Maintenance Activities, The Grantee accepts
and agrees to comply with all terms, provisions, conditions, and commitments of this
Agreement, including all incorporated documents, and to fulfill all assurances,
declarations, representations and statements made by the Grantee in the Application,
documents, amendments and communications filed in support of its request for
financing.
SECTION 7 METHOD OF PAYMENT
The Grantee shall submit invoices on a quarterly basis but no more often than monthly
for eligible non-capital costs and on and as-needed basis for capital costs. Except for
property acquisition payments, all payments will be made to the Grantee. Payments will
be made upon receipt of an original invoice by the State of California, Department of
Water Resources, 3464 El Camino Avenue, Room 200, Sacramento, CA 95821, to the
attention of Amy Young, Project Manager for the State. Invoices should include SAP
contract number and work plan element identification. For real property acquisition
payments, funds will be made payable to the title company and deposited directly into
escrow,
The Grantee shall meet all conditions for disbursement of money under this Agreement,
including the provisions of the Conditions for Disbursement which is located in Exhibit A.
Failure by Grantee to comply may, at the option of the State, result in termination of the
Agreement.
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SECTION 8 PROGRESS REPORTS AND STATEMENT OF COSTS
The Grantee shall submit progress reports on a quarterly basis but no more often than
monthly, starting with the end of the first complete calendar quarter after date of
execution, describing the status of the Project and containing a Statement of Costs to
the State. The submittal and approval by the State of these reports is a requirement for
continued disbursement of State Grant funds, Progress reports shall summarize the
work completed during the reporting period, include a statement of progress toward
completion compared to the Project schedule, and provide a comparison of costs to
date compared to the approved scope of work and Project budget. Additionally, if the
grantee is aware of any anticipated problems, obstacles, or issues that could affect the
project budget, schedule, or scope of work, they should be discussed in the progress
reports.
SECTION 9 FINAL REPORTS
Upon project completion or termination, the Grantee shall submit a Final Report
describing project activities and a report of expenditures (Final Financial Report) for the
State's review and comment. The Final Report and Final Financial Report shall both be
submitted within sixty (60) days of the project completion or termination. The Final
Report shall describe the results of the project's activities, and include photographs of
pre-project conditions and of the work completed. The Grantee shall also submit a Post-
Completion Annual Report of Maintenance Activities annually for five years following
completion of the project, with the first report due 12 months after the project completion
date.
For any construction activity undertaken pursuant to and funded by this agreement,
upon completion of the project the Grantee shall provide for a final inspection and a
written certification by a California Registered Civil Engineer that the project has been
completed in accordance with final plans and specifications and any modifications
thereto. Such certification shall be submitted to the State with a copy of the final report
of project expenditures required in the paragraph below. The Grantee shall keep on file,
for the useful life of the project, as built plans and specifications for the project. Such
documents shall be made available for inspection by the State upon reasonable notice.
The Final Financial Report documenting total project expenditures shall be submitted by
the Grantee at the same time as the Final Report,
SECTION 10 RELATIONSHIPS OF PARTIES
The Grantee, its contractors, subcontractors, and their respective agents and
employees required for performing any work under this Agreement shall act in an
independent capacity and not as officers, employees, or agents of the State. Grantee is
solely responsible for planning, design, construction, maintenance, and operation of the
activity undertaken pursuant to and funded by this agreement. Any review or approval
by the State is solely for the purpose of proper administration of State funding and shall
not be deemed to relieve or restrict Grantee's responsibility for its work.
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SAP Contract No. 4600009924
SECTION 11 PERMITS, LICENSES, APPROVALS AND LEGAL OBLIGATIONS
The Grantee shall be responsible for obtaining any and all permits, licenses and
approvals required for performing any work under this Agreement, including those
necessary for planning and implementing the Project. The Grantee shall be responsible
for complying with all applicable federal, State and local laws, rules or regulations
affecting any such work, specifically including, but not limited to, environmental, labor,
procurement and safety laws, rules, regulations and ordinances.
Without limiting the foregoing, Grantee shall keep informed of and take all measures
necessary to ensure compliance with the California Labor Code requirements, including
but not limited to Section 1720 et seq, of the California Labor Code regarding public
works, limitations on use of volunteer labor (California Labor Code Section 1720.4),
labor compliance programs (California Labor Code Section 1771,5), and payment of
prevailing wages for work done under this funding agreement.
Work that is subject to the California Environmental Quality Act (CEQA) and funded
under this Agreement shall not proceed until documents that satisfy the CEQA process
are received by the State Project Manager and the State has completed its CEQA
compliance. Work funded under this Agreement that is subject to a CEQA document
shall not proceed until and unless approved by the State Project Manager. Such
approval is fully discretionary and shall constitute a condition precedent to any work for
which it is required. Once CEQA documentation has been completed, the State will
consider the environmental documents and decide whether to continue to fund the
project or to require changes, alterations or other mitigation.
SECTION 12 GRANTEE'S RESPONSIBILITIES FOR WORK
The Grantee shall be responsible for any and all disputes arising out of its contracts for
work on the Project, including but not limited to bid disputes and payment disputes with
the Grantee's contractors and subcontractors. The State will not mediate disputes
between the Grantee and any other entity concerning responsibility for performance of
work.
SECTION 13 PROJECT OFFICIALS AND NOTICES
The State's Program Manager shall be the Chief, Division of Flood Management,
Department of Water Resources. The State's Program Manager shall be the State's
representative and shall have the authority to make determinations and findings with
respect to each controversy arising under or in connection with the interpretation,
performance, or payment for work performed under the Funding Agreement. The
State's Program Manager may delegate any task to the State's Project Manager.
The Grantee Project Manager shall be the Municipal Utilities & Engineering Director,
The Grantee Project Manager shall be the Grantee's representative for the
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administration of the Agreement and shall have full authority to act on behalf of the
Grantee, including authority to execute all payment requests. All communications given
to the Project Manager shall be as binding as if given to the Grantee.
Either party may change its representative upon written notice to the other party. Any
notice, demand, request, consent, or approval that either party desires or is required to
give to the other party under this Funding Agreement shall be in writing to the Project
Manager.
Notices required to be given to the State in writing by the Grantee under this Agreement
shall be sent to:
Amy Young
State of California
Department of Water Resources
Flood Corridor Program
3464 El Camino Avenue, Room 200
Sacramento, CA 95821
Notices required to be given to the Grantee in writing by the State under this Agreement
shall be sent to:
Fred Mousavipour
Municipal Utilities & Engineering Director
City of Redlands
35 Cajon Street, Suite 15A
Redlands, CA 92373
A change of address for delivery or notice may be made by either party by written notice
of such change of address to the other party.
Notices may be sent by any of the following means: delivery in person, by certified U.S.
Mail, postage prepaid, by "overnight- delivery service or, electronic transmission
followed by submittal of a hard copy.
SECTION 14 MAINTENANCE OF PROPERTY OWNED IN FEE
Within their respective ownership of land rights, the Grantee agrees to use, manage,
and maintain the property acquired, developed, rehabilitated, or restored with the grant
funds provided in this Agreement consistent with the purposes of the program and is
required to continue in perpetuity or until deemed no longer necessary by the State.
Specific maintenance activities are outlined in Exhibit E, Planned Maintenance
Activities. The Grantee or their successors may, with the approval of the State, transfer
this responsibility to use, manage, and maintain the property acquired as discussed in
Exhibit A, Standard Terms: Easements. Such title transfer will occur in a way that binds
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the new owner to the same obligations.
SECTION 15 PROPERTY RIGHTS ACQUISITIONS
The Grantee is coordinating the acquisition of real property rights (Exhibit B attached
hereto) for the purpose of the protection, restoration, and enhancement of the flood
corridor by combining an effective and low-cost means of flood control protection with
the preservation and enhancement of natural environmental values. The acquisition of
any real property interest in these properties with State funds must comply with the
following:
A. The Grantee must provide escrow documents and information listed in Exhibit F,
Information Needed for Escrow Processing and Closure, including a preliminary
title report, vesting documents, and a fully conformed appraisal report to the
State. Appraisals must be prepared and signed by a qualified general appraiser,
who is licensed by the California Department of Real Estate Appraisers and
demonstrates compliance with the Uniform Standards for Professional Appraisal
Practices. Any and all appraisal reports shall be submitted to the State for
approval prior to disbursal of funds for the acquisition. For low value property
interests, the State, in its sole discretion, may waive any of the foregoing
submittal requirements.
B. The property rights shall be acquired from a willing seller as promulgated in
Water Code Section 79037 (b) (4), Division 26, Chapter 5, Article 2.5, and in
compliance with current laws governing acquisition of properties by public
agencies.
C. The Grantee shall provide sufficient notice to adjacent landowners and other
members of the public to enable public input on interests that may be affected by
the acquisition and changes in land use.
D. The Grantee shall use, manage, and maintain the property in a manner
consistent with the purpose of the acquisition until the State determines that
maintenance is no longer necessary. The Grantee further assumes all
management and maintenance costs associated with the acquisition, including
the costs of ordinary repairs and replacements of a recurring nature, and costs of
enforcement of regulations. The State shall not be liable for any cost of such
management or maintenance. The Grantee will, prior to the acquisition of the
property identified in Exhibit B - Project Location, develop a monitoring and
maintenance plan and determine who will be responsible for it and submit it to
the State for approval.
E. The Grantee shall disclose all riparian water rights that it is aware of that would
be affected by a real property acquisition and propose appropriate treatment of
such rights.
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SAP Contract No. 4600009924
F. Funds provided by the State for real property acquisitions shall be deposited by
the State with an escrow holder acceptable to the State and with escrow
instructions regarding funding and disbursal to be approved by the State. If the
escrow does not close by the date set forth in the State's escrow instructions, or
such other date as may be agreed to in writing by the parties, the funds provided
by the State shall be returned to the State,
G. The Grantee shall supply a copy of any recorded vesting documents to the State
after close of escrow.
H. Interim financial reports documenting incurred eligible costs shall be submitted by
the Grantee within 60 days of completion of the acquisition of real property.
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SAP Contract No. 4600009924
IN WITNESS HEREOF, the following authorized representatives have executed this
Agreement as of the date first above written and approved as to Legal form and
sufficiency.
CITY OF REDLANDS
I i
, , A
By-
Pete Aguirar, Mayor
Attest:
Sam Irwin, ity/Clerk
Date:
STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES
By:
Keith E. Swanson, Chief, Division of Flood Management
Date:
Approved as to Legal Form and Sufficiency
By:
Acting Assistant Chief Counsel
Date:
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SAP Contract No. 4600009924
Attachments
List of Exhibits:
Exhibit A — Standard Terms
Exhibit B — Project Location
Exhibit C — Scope of Work
Exhibit D — Budget
Exhibit E — Planned Maintenance Activities
Exhibit F — Information Necessary for Escrow Processing and Closure
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EXHIBIT A
SAP Contract No.4600009924
STANDARD TERMS
1. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT:
a) Separate Accounting of State Grant Disbursements and Interest Records:
The Grantee shall account for the money disbursed pursuant to this
Agreement separately from all other Grantee's funds. The Grantee shall
maintain audit and accounting procedures that are in accordance with
generally accepted accounting principles and practices, consistently
applied. The Grantee shall keep complete and accurate records of all
receipts, disbursements, and interest earned on expenditures of such
funds. The Grantee shall require its contractors or subcontractors to
maintain books, records, and other documents pertinent to their work in
accordance with generally accepted accounting principles and practices.
Records are subject to inspection by the State at any and all reasonable
times.
b) Disposition of Money Disbursed: All money disbursed pursuant to this
Agreement shall be deposited, administered, and accounted for pursuant
to the provisions of applicable law,
c) Remittance of Unexpended Funds: The Grantee, within a period of sixty
(60) days from the final disbursement from the State to the Grantee of
State Grant funds, shall remit to the State any unexpended funds that
were disbursed to the Grantee under this Agreement and were not needed
to pay Eligible Project Costs.
d) Interim and Final Audits: The State reserves the right to conduct an audit
at any time between the execution of this Agreement and the completion
of the Project, with the costs of such audit borne by the State. After
completion of the Project, the State may require the Grantee to conduct a
final audit, at the State's expense.
Pursuant to Government Code Section 8546.7, the contracting parties
shall be subject to the examination and audit of the State for a period of
three (3) years after project completion. All Grantee's records and those
of the Grantee's subcontractors related to this Agreement shall be
retained for at least three (3) years after Project completion.
2. ACKNOWLEDGEMENT OF CREDIT: The Grantee shall include appropriate
acknowledgement of credit to the State and to all cost-sharing partners for their
support when promoting the Project, erecting signs at the project site, or using
any data and/or information developed under the Agreement.
3. AMENDMENT: This Agreement may be amended at any time by mutual
agreement of the parties, except insofar as any proposed amendments are in
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EXHIBIT A
SAP Contract No.4600009924
any way contrary to applicable law. Requests by the Grantee for amendments
must be in writing stating the amendment request and the reason for the
request.
4. AMERICANS WITH DISABILITIES ACT: By signing this Agreement, Grantee
assures the State that it complies with the Americans with Disabilities Act (ADA)
of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to
the ADA.
5. ANTITRUST CLAIMS: Grantee shall comply with all applicable laws and
regulations regarding securing competitive bids and undertaking competitive
negotiations in Grantee's contracts with other entities for acquisition of goods,
and services and construction of public works with funds provided by the State
under this Agreement.
6. APPROVAL: This Agreement is of no force or effect until signed by all parties to
the agreement. Grantee may not submit invoices or receive payment until has
all required signatures have been obtained.
7. AVAILABILITY OF FUNDS: Work to be performed under this Agreement is
subject to availability of funds through the State's normal budget process.
8. CALIFORNIA CONSERVATION CORPS: As required in Water Code Section
79038(b), Grantee shall examine the feasibility of using the California
Conservation Corps or community conservation corps to accomplish the habitat
restoration, enhancement and protection activities listed in the Scope of Work
(Exhibit C), and shall use the services of one of these organizations whenever
feasible.
9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding the
performance of this Agreement including, but not limited to, claims for additional
compensation or extension of time, shall be submitted to the Project Manager,
Department of Water Resources, within thirty (30) days of the Grantee's
knowledge of the claim. Project Manager and Grantee shall then attempt to
negotiate a resolution of such claim and process an amendment to this
Agreement to implement the terms of any such resolution.
10. COMPETIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all
applicable laws and regulations securing competitive bids and undertaking
competitive negotiations in Grantee's contracts with other entities for acquisition
of goods and services and construction of public works with funds provided by
State under this Agreement.
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EXHIBIT A
SAP Contract No, 4600009924
11. CONDITIONS FOR DISBURSEMENT: The State shall have no obligation to
disburse money under this Agreement unless and until the Grantee has satisfied
the State that the disbursement is in accordance with the requirements of the
legislation creating the funding source for the grant funds. Before engaging in
site modifications to be paid for from State funds, the Grantee must complete
the following:
a) For Construction Projects, the Grantee must submit to the State, final
plans and specifications certified by a California Registered Civil Engineer
or equivalent documentation as to compliance with the approved Project,
b) The Grantee must submit a written statement by an authorized
representative that it has obtained all necessary permits, easements,
rights-of-way and approvals as may be required by other State, federal,
and/or local agencies, as specified in Section 11 of this Agreement.
c) The Grantee must demonstrate compliance with the California
Environmental Quality Act and if applicable the National Environmental
Policy Act by submitting copies of any environmental documents, including
environmental impact reports, environmental impact statements, negative
declarations, mitigation agreements, legal notices and environmental
permits as may be required prior to modifying the Project site.
d) The Grantee must demonstrate continuing availability of sufficient funds to
complete the Project.
e) The Grantee shall develop, and submit for State approval, a plan to
minimize the impacts to adjacent landowners (California Water Code
Section 79041 , Division 26, Chapter 5, Article 2.5), This plan may require
completion of a hydrologic and hydraulic study, and if so the specifications
will be included in Exhibit C, the project Scope of Work.
12. CONFLICT OF INTEREST:
a) Current State Employees:
No state officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives compensation or
has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a
condition of regular state employment.
No state officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or
services.
b) Former State Employees:
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EXHIBIT A
SAP Contract No‘4600009924
For the two (2) year period from the date he or she left state employment,
no former state officer or employee may enter into a contract in which he
or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision-making process relevant to the
Agreement while employed in any capacity by any state agency.
For the twelve (12)-month period from the date he or she left state
employment, no former state officer or employee may enter into a contract
with any state agency if he or she was employed by that state agency in a
policy-making position in the same general subject area as the proposed
Agreement within the twelve (12)-month period prior to his or her leaving
state service.
c) City/County/Non Profit Employees:
No employee, officer, employer or agency of the City/County/Non Profit
shall participate in the selection or in the award or administration of a
contract supported by State Funds if a conflict of interest, real or apparent,
would be involved. The City/County/Non Profit shall comply with all
applicable laws on conflict of interest including, but not limited to the
following: Public Contract Code (PCC) Sections 10335.5 et seq., PCC
Sections 10365.5 et seq., PCC Sections 10410 et seq., and Government
Code Sections 1090 et seq., and 81000 et seq.
13. DRUG-FREE WORKPLACE CERTIFICATION: By signing this Agreement, the
Grantee hereby certifies under penalty of perjury under the laws of the State of
California that the Grantee will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code Section 8350 et seq.) and will
provide a drug-free workplace by taking the following actions:
a) Publish a statement notifying employees, contractors and subcontractors
that unlawful manufacture, distribution, dispensation, possession, or use
of a controlled substance is prohibited and specifying actions to be taken
against employees, contractors or subcontractors for violations.
b) Establish a Drug-Free Awareness Program to inform employees,
contractors and subcontractors about all of the following:
1. The dangers of drug abuse in the workplace,
2. The Grantee's policy of maintaining a drug-free workplace,
3. Any available counseling, rehabilitation and employee assistance
programs, and
4. Penalties that may be imposed upon employees, contractors or
subcontractors for drug abuse violations.
c) Every employee, contractor and subcontractor who works under this
Agreement:
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EXHIBIT A
SAP Contract No, 4600009924
1. Will receive a copy of the Grantee's drug-free policy statement, and
2. Will agree to abide by terms of the Grantee's statement as a condition
of employment, contract or subcontract.
14, EASEMENTS: Where the Grantee acquires property in fee title or funds
improvements to property already owned in fee by the Grantee using grant
funds provided through this Agreement, or proposes that property be conserved
as open space and such conserved property is used in determining the benefits
score for the project, an appropriate easement or other title restriction providing
for floodplain preservation and agricultural and/or wildlife habitat conservation
for the subject property in perpetuity, approved by the State, shall be conveyed
to a regulatory or trustee agency or conservation group acceptable to the State.
Any easement or other title restriction applied to any portion of the project are as
part of the project must be in first position ahead of any recorded mortgage or
lien on the property unless this requirement is waived by the State.
Where the Grantee acquires an easement under this Agreement, the grantee
agrees to monitor and enforce the terms of the easement, unless the easement
is subsequently transferred to another land management or conservation
organization or entity with State permission, at which time monitoring and
enforcement responsibilities will transfer to new easement owner.
Failure to provide an easement acceptable to the State can result in termination
of this Agreement.
15. ELIGIBLE PROJECT COSTS: Grantee shall apply State Grant funds received
only to Eligible Project Costs, as identified in Exhibit D - Budget.
16. GOVERNING LAW: This Agreement is governed by and shall be interpreted in
accordance with the laws of the State of California.
17, INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its
officers, agents, and employees, free and harmless from any and all liabilities for
any claims and damages (including inverse condemnation) that may arise out of
the Project and this Agreement, including, but not limited to any claims or
damages arising from the planning, design, construction, maintenance and/or
operation of levee rehabilitation measures for this Project and any breach of this
Agreement. Grantee shall require its contractors to name the State, its officers,
agents, and employees as additional insureds on their liability insurance for
activities undertaken pursuant to this Agreement.
18. INSPECTIONS OF PROJECT BY STATE: The State shall have the right to
inspect the work being performed at any and all reasonable times during the
term of the Agreement. This right shall extend to any subcontracts, and the
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EXHIBIT A
SAP Contract No.4600009924
Grantee shall include provisions ensuring such access in all its contracts or
subcontracts entered into pursuant to its Agreement with the State.
19. INSPECTIONS OF BOOKS, RECORDS AND REPORTS: During regular office
hours, each of the parties hereto and their duly authorized representatives shall
have the right to inspect and to make copies of any books, records, or reports of
either party pertaining to this Funding Agreement or matters related hereto.
Each of the parties hereto shall maintain and shall make available at all times for
such inspection accurate records of all its costs, disbursements, and receipts
with respect to its activities under this Funding Agreement, Failure or refusal by
Grantee to comply with this provision shall be considered a breach of this
Funding Agreement, and the State may withhold disbursements to Grantee or
take any other action it deems necessary to protect its interests as provided in
the Funding Agreement,
20. LABOR COMPLIANCE PLAN: Prior to awarding a contract for public works
projects funded in whole or in part from Proposition 84, the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act
of 2006, or any other source of funding so requiring, the Grantee shall comply
with Public Resources Code Section 75075, which requires adoption and
enforcement of a labor compliance program pursuant to subdivision (b) of Labor
Code Section 1771.5 for application to the funded public works project. At the
State's request, Grantee must promptly submit written evidence of its
compliance with Labor Compliance Program requirements.
21 , NONDISCRIMINATION: During the performance of this Agreement, the
Grantee, it contractors, and subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (cancer),
age (over 40), marital status, and denial of family care leave. Grantee and
subcontractors shall insure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and
harassment. Grantee and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Govt. Code § 12990 (a-f) et seq.) and the
applicable regulations promulgated thereunder (California Code of Regulations,
Title 2, Section 7285 et. seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code §
12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations, are incorporated into this Agreement by reference and made a
part hereof as if set forth in full. Grantee and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
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EXHIBIT A
SAP Contract No.4600009924
22. PROHIBITION AGAINST DISPOSAL OF PROPERTY WITHOUT STATE
PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange,
mortgage, hypothecate, or encumber in any manner whatsoever all or any
portion of any real or other property necessarily connected or used in
conjunction with the Project, without prior permission of the State. The Grantee
shall not take any action, including but not limited to actions relating to user
fees, charges, and assessments that could adversely affect the ability of the
Grantee to meet its obligations under this Agreement, without prior written
permission of the State, The State may require that the proceeds from the
disposition of any real or personal property be remitted to the State, up to the
value of the State funds disbursed to the Grantee for purchase of or
improvements to the property under this Agreement,
23. REIMBURSEMENT: If applicable, travel and per diem expenses to be
reimbursed under this Agreement shall be the same rates the State provides for
unrepresented employees in accordance with the provisions of Title 2, Chapter
3, of the California Code of Regulations.
24. SEVERABILITY: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
25. SUCCESSOR AND ASSIGNS: This Agreement and all of its provisions shall
apply to and bind the successors and assigns of the parties hereto. No
assignment or transfer of this Agreement or any part thereof, rights hereunder,
or interest herein by the Grantee shall be valid unless and until it is approved by
the State and made subject to such reasonable terms and conditions as the
State may impose,
26. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement
without cause on thirty (30) days advance written notice. The Grantee shall be
reimbursed for all reasonable expenses incurred up to the date of termination.
27, TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Grantee fail to perform the requirements of
this Agreement at the time and in the manner herein provided including but not
limited to reasons of default under Standard Term 28 — Termination By Grantee,
28. TERMINATION BY GRANTEE: Subject to State approval which may be
reasonably withheld, Grantee may terminate this Agreement and be relieved of
contractual obligations. In doing so, Grantee must provide a reason(s) for
termination. Grantee must submit all progress reports summarizing
Page 7 of
EXHIBIT A
SAP Contract No.4600009924
accomplishments up until termination date.
29, THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to
create rights in, or grant remedies to, any third party as a beneficiary of this
Agreement, or any duty, covenant, obligation or understanding established
herein.
30. TIMELINESS: Time is of the essence in this Agreement.
31. WITHHOLDING OF GRANT FUNDS BY STATE:
a) Withholding Clause: The State, at its discretion, may withhold ten percent
(10%) of the funds requested by the Grantee for reimbursement of Eligible
Project Costs until applicable milestones are completed or until the Project
is completed and Final Report is received. Withheld funds may be
released upon completion of milestones identified in Exhibit C, the project
Scope of Work,
b) Additional Conditions for Withholding: If the State determines that the
Project is not being completed substantially in accordance with the
provisions of this Agreement or that the Grantee has failed in any other
respect to comply substantially with the provisions of this Agreement, and
if the Grantee does not remedy any such failure to the State's satisfaction,
the State may withhold from the Grantee all or any portion of the State
Grant commitment and take any other action that it deems necessary to
protect its interests.
32. WORKERS' COMPENSATION: The Grantee affirms that it is aware of the
provisions of Section 3700 of the California Labor Code, which require every
employer to be insured against liability for workers' compensation or to
undertake self insurance in accordance with the provisions of that code, and the
Grantee affirms that it will comply with such provisions before commencing the
performance of the work under this Agreement and will make its contractors and
subcontractors aware of this provision.
Pa(4e 8 of 8
SAP Contract No. 4600009924
EXHIBIT B
City of Redlands
Opal Basin Improvements and Judson Street Agricultural Preservation Project
Project Location
APN: 0168-161-07, 0168-161-08
Legal Descriptions Citrus Preservation Sites
THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 1 SHOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, ACCORDING TO
GOVERNMENT SURVEY.
EXCEPT THOSE PORTIONS AS CONVEYED TO THE CIT OF REDLANDS BY DEED RECORDED MAY 24, 1988 AS INSTRUCMENT
NO. 163128, 163129, 163130, 163131,
THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, ACCORDING TO
GOVERNMENT SURVEY.
EXCEPT THOSE PORTIONS AS CONVEYED TO THE CITY OF REDLANDS BY DEED RECORDED MAY 24, 1988 AS INSTRUMENT
NO. 163128, 163129, 163130, 163131,
APN: 0168421-02
Legal Description Citrus Preservation Site
THE NORTH ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-
QUARTER OF SECTION 24, IN TOWNSHIP 1 SHOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, IN THE CITY
OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND
FILED IN THE DISTRICT LAND OFFICE FEBRUARY 24, 1869, BEING ALSO A PORTIONO F LOTS 38 AND 39 OF TOLLES
LUGONIA DRAWING OF APRIL 27, 1887, EXCEPT THEREFROM THE INTEREST IN THE NORHT 33 FEET CONVEYED TO THE
CITY OF REDLANDS, FOR STREET PURPOSED BY DEED RECORED JANUARY 26, 1924 IN BOOK 825, PAGE 372 OF OFFICIAL
RECORDS,
APN: 0299-041-01
Legal Description Basin Site
R S B PTN LOT 40 BLK 77 LYING S OF FOLL DESC L1 BEG AT INTERSECTION OF C/L MILL CREEK ZANJA AND E L1 SD LOT
40 TH N 86 DEG 10 M1N W 176.4 FTTHSI0DEG 43MIN W69FTTHN89DEG 07MIA W115FT THNODEG 32MIN
W40FTTHS75DEG 08M1N W150FTTHS42DEG 22MIN W156FTTHS85DEG 56 M1N W 138.2 FT TH W 10432
FT TH N 8 FT TO PT 5 FT N OF N BANK OF MILL CREEK ZANJA TH N 70 DEG 45 M1N W 127 FT TH S 53 DEG 51 M1N W
96.6 FT TH S 83 DEG 54 M1N W 178.8 FT TH 5 68 DEG W 130.7 FT TO PT ON W L1 SD LOT 40 30.6 AC
Exhibit B Project Location SAP Contract No.4600009924
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LOCATION MAP
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"ACI'TPTHATWORKS" September 24, 2012 Feet
Exhibit B Project Location SAP Contract No.4600009924
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"AC1IY THAT:WORKs" September 24, 2012 Feet
SAP ContracNo. 4600009924
EXHIBIT C
City of Red lands
Opal Basin Improvements and Judson Street Agricultural Preserve Project
Scope of Work
Project Goals and Objectives The project desires to construct flood control and aquifer
recharge facilities at the Northeast corner of Opal and Citrus Avenues together with
improvements establishing approximately an equivalent area for citrus preservation in
perpetuity at existing orchards located along the East side of Judson Street between
Lugonia and San Bernardino Avenues.
The basin will be more than 600 acre-feet in size providing for 485 acre-feet of flood control
storage attenuation and over 100 acre-feet of aquifer recharge storage. The Project will
enhance flood protection by reducing damages that occur during severe storm events. Tax
payers will benefit from the project because when these events occur, FEMA and OES
program contribute funds for these facilities.
The project advances program goals by improved flood protection, enhanced water
conservation, and agricultural preservation. The City is acquiring property from a willing
seller to enhance flood control and is preserving agriculture land for historic citrus uses.
Project Description The City of Redlands proposes to construct flood control and aquifer
recharge facilities at the Northeast corner of Opal and Citrus Avenues together with
improvements establishing approximately an equivalent area for citrus preservation in
perpetuity at existing orchards located along the East side of Judson Street between
Lugonia and San Bernardino Avenues.
The flood control facilities include excavation of earth and placement of a jurisdiction berm
together with construction of inlet and outlet facilities. In addition, the project will include a
provision for hiking trails along the Zanja and around the facilities. The basin will be more
than 600 acre-feet in size providing for 485 acre-feet of flood control storage attenuation
and over 100 acre-feet of aquifer recharge storage. Inlet facilities will convey peak storm
volumes to basin. These facilities include diversion structures, conveyance pipes, and
energy dissipaters. Outlet facilities will release waters back to the existing channel through
conveyance pipes and a structural spillway.
The agricultural component of the project will include preservation and maintenance of
existing citrus orchards that are currently in poor condition. The City will perform or
contract with private parties that currently operate similar groves including all marketing
activities The City has already purchased the agricultural grove sites and has begun
contract negotiations with the private parties to place an easement over the properties for
their agricultural uses. The contract will contain provisions intent on perpetuating the
agricultural facilities in perpetuity.
Mill/Mission Creek/Zanja Channel is an integral storm water drainage facility. The Zanja
channel is an historic ditch constructed by Native Americans over 100 years ago to provide
SAP ContracNo. 4600009924
irrigation to farmlands and orchards. Clearly, the system was not designed to
accommodate and convey storm events. During storms, the channel experiences significant
flooding and damage along the historic channel. Moreover, when this system confluences
with the Redlands Boulevard Storm Drain system east of downtown, significant flooding
occurs to critical facilities in the downtown area.
The project will intercept peak flow from the Zanja system and tributary and retain or detain
this water for recharge effectively reducing peak flow to downstream area, in particular,
Downtown Redlands. The flood inundation area is heavily populated, encompasses the
City's primary business district and the University of Redlands campus. The project will
reduce flood storm damage, improve public safety and project economic viability. In
addition to flood control, the project will enhance local water conservation. The basin will
recharge high quality water to supplement local water supplies reducing the regions
dependence on imported vvoter. Today these flows are lost to the Santa Ana River and
ultimately the Pacific Ocean.
Tasks
Task 1 — Administration
Subtask 1.1 Construction Administration
1.1.1 - Preconstruction Meeting
Hold a pre-construction meeting with Contractor, City, all affected utility
companies and agencies, State representatives, construction manager and
inspector to review project requirements prior to construction and obtain
material submittals and a proposed project schedule.
1,1.2 - Material Submittals
Review comment and/or approve all required material submittals to ensure
project is constructed in accordance with the plans and specifications.
1.1.3 ' Construction Management
Perform construction management services, weekly progress meetings,
progress payment preparation, coordination with the inspector, extra work
review and final close out.
1.1.4 Construction Staking
Perform construction staking at offsets and intervals required to construct
the project in accordance with the project plans and specifications.
1.1.5 - Materials Testing
Perform materials testing and compaction testing services to ensure the
project is constructed in accordance with the project plans and specifications,
1.1.6 - Construction Inspection
Perform inspection services during the construction operations to ensure the
project is constructed in accordance with the project plans and specifications.
1,1.7 - Grant Funding Invoicing/ Closeout
Coordinate and correspond with the State for project updates, reports,
reimbursement and final closeout reporting.
SAP ContracNo. 4600009924
1.1.8 - Record Drawings
Prepare final as-built drawings to include any changes made in the field
during project construction.
Subtask 1.2 City Project Management
1.2.1 The City estimates 3% of costs to cover general project management
Task 2- Construction
Subtask 2.1 Design, Permitting, Bidding
2.1.1 ' Records Research
Research all existing utility and survey information within the project area
assist with accurate base drawing preparation.
2.1.2 - CEQA Compliance
Prepare initial study documentation and determine project environmental
qualification in accordance with CEQA regulations. Environmental permit
applications will be started at this point.
2.1.3 - Preliminary Hydrology and Hydraulic Analysis
Prepare hydrology study of the tributary drainage area to determine storm
frequency design flow rates for basin sizing. Perform hydraulic analysis on
basin and drain pipe sizing and routing.
2.1.4 Design Survey
Perform topographic and boundary survey to determine existing property
Limits and topographic features for preparation of base construction
drawings.
2.1.5 - Base Construction Drawings
Prepare base construction drawings utilizing all utility records collected and
topographic information collected during the design survey to be used for
design drawing preparation,
2.1.6 - Utility Coordination
Coordinate with all affected utility agencies for relocation, abandonment or
construction requirements.
2.1.7 - 50% Design
Prepare preliminary construction drawings and specifications for grading of
basin and channel, storm drain piping, headwalls and structures utilizing the
sizing information determined in the hydrology and hydraulic report.
Documents will be submitted to the City for review. Permits
applications from appropriate agencies will be started at this point.
2.1.8 - Design Review
Comments from City, State and appropriate agencies will be reviewed for
completion of the construction documents.
2.1.9 - Final Hydrology and Hydraulic Analysis
Final basin sizing and routing will be completed based on the actual design
geometrics determined in the 5096 design phase. All calculations will be
rerun and finalized to verify hydraulic efficiencies.
SAP ContracNo. 4600009924
2.1.10 — Division of Safety of Dams (DSOD) Coordination
Construction design documents will be provided to DSOD for berm grading
and approval.
21.11 ' 7S96Design
Design documents will be updated based on comments received from City,
State and appropriate agencies. Profiles will be added to the project plans
and specifications will be amended to include any comments or regulations
received from permitting agencies. Documents will be submitted to the City
for review.
2.1.12 - Design Review
Comments from City, State and appropriate agencies will be reviewed for
completion of the construction documents,
Z.1.13 ' 9O96Design
Design documents will be amended based on comments received from City,
State and appropriate permitting agencies. Documents will be submitted to
the City for review.
2.1.14 - Design Review
Comments from City, State and appropriate agencies will be reviewed for
completion of the construction documents.
2.1.15 100% Plans and Specifications
Design documents will be amended based on comments received from City,
State and appropriate permitting agencies. Final signed documents will be
submitted to the City and State for final approval and bidding.
2.1.I6 -Prepare all required applications, forms and exhibits to obtain required
approvals and/or permits. Permits may include the following: San Bernardino County Permit,
of California DSOD Permit, US Army Corps 404 Permit, Regional Water Quality Control Board
Certification, California Department of Fish and Game Streambed Alteration Agreement, and
Metropolitan Water District Permit.
2.1.17 ' Advertise Bids
Advertise bid documents in accordance with City and State regulations to
obtain multiple Contractor bids for review and approval to the lowest
qualified responsive bidder.
2,1.18 - Bid Review and Award Preparation
Review all bids for accuracy to determine the lowest qualified bidder for
award of the contract. Bids will also be sent to the State for review and
approval prior to award.
2.1.19 - Council Award
Prepare council agenda report recommending the contract for award.
2.1.20 - Contract Execution
Prepare contract for execution with the Contractor.
SAP Contract No. 4600009924
Task 3 Real Estate
Subtask 3.1 Land Acquisition
3.1.1 Complete an appraisal of the Opal Basin site, submit appraisal to DWR for review
3.1.2 Acquire and place easement on Opal Basin property
3.13 Place permanent agricultural easement on citrus grove properties
Deliverables
• Hydrologic and Hydraulic Study
• California Environmental Quality Act documentation and any required permits
• Plan to Minimize Impacts to Adjacent Property Owners
• Title Report
• Phase environmental assessment 1 Report
• Escrow Instructions
• Quarterly Progress Reports
• Engineering documentation (Plans, Specifications, Estimates, As-Builts)
• Programmatic Final Report
• Final Financial Summary Report
Benefits
Flood Control
Aquifer Recharge
Water Purification
Agricultural Protection
City, of Redlands
Opal Basin Improvements and Judson Street Agricuttural Preservation
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Page 1 .._
SAP Contract No. 4600009924
EXHIBIT D
City of Redlands
Opal Basin Improvements and Judson Street Agricultural Preserve Project
Budget
Opal Basin Budget DWR Cost Share Redlands Cost Share TOTAL
Task 1 Admin
1.1 Construction Admin 357,000
L2 City Project Management 107,085
SUB TOTAL I I 464,0851 464,085
Task 2 Construction I I I
2.1 Design, Permitting, Bidding 206,500
2.2 Construct Detention Basin 3,245,000
SUB TOTAL I 3,245,0001 206,5001 3,451,500
Task 3 Real Estate I I I
3.1 Land Acquisition 1,450,000
SUB TOTAL I 1,450,0001 I 1,450,000
Task 4 Contingency I 305,0001 19,5001 324,500
TOTAL I 5,000,0001 690,0851 5,690,085
SAP Contract No. 4600009924
Exhibit E
City of Redlands
Opal Basin Improvements and Judson Street Agricultural Preservation Project
Planned Maintenance Activities
The City's Quality of Life staff will maintain the basin. The maintenance will include annual
disposal of sediment and debris accumulated on the basin in addition to cleaning of conveyance
facilities. Cost associated with facilities maintenance will be included in the City's Quality of Life
annual budget.
The agricultural sites will be maintained by a private party contractually obligated to properly
maintain the historic citrus groves in perpetuity. The City currently contracts with a local private
party who performs all farming and maintenance associated with the citrus groves. That
operation is run through the City's Quality of Life Department.
Page 1 of 1
SAP Contract No. 4600009924
EXHIBIT F
City of Redlands
Opal Basin Improvements and Judson Street Agricultural Preserve Project
Information Needed for Escrow Processing and Closure
Name and Address of Title Company Handling the Escrow:
Escrow Number
Name of Escrow Officer
Escrow Officer's Phone Number
Dollar Amount Needed to Close Escrow
Legal Description of Property Being Acquired
Assessor's Parcel Number(s) of Property Being Acquired
Copy of Title Insurance Report
Entity Taking Title as Named Insured on Title Insurance Policy
Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes
Copy of Final Escrow Instructions
Verification that all Encumbrances (Liens, Back Taxes, and Similar Obligations) have been
Cleared Prior to Recording the Deed to Transfer Title
Copy of Deed For Review Purposes Prior to Recording
Copy of Deed as Recorded in County Recorder's Office
Copy of Escrow Closure Notice