HomeMy WebLinkAbout1994-020
RESOLUTION NO. 94-20
RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE COUNTY OF SAN BERNARDINO FOR THE MACY/BLAKE SEWER
PROJECT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
(a) The Mayor of the City of San Bernardino is hereby authorized
and directed to execute, on behalf of the City, an agreement for Community
Development Block Grant funding with County of San Bernardino, which agreement is
attached hereto as Exhibit" I". and is incorporated herein by referenced as though fully
set forth at length, The agreement provides for the granting of Community
Development Block Grant funds in the following amount of $25.000.
SECTION 2.
(a) The Authorizations to execute the above referenced agreement is
rescinded if the parties to the agreement shall fail to execute it within sixty (60) days
of the passage of this Resolution,
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III
III
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94-20
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CDBG FUNDING AGREEMENT BETWEEN THE CITY
AND THE COUNTY OF SAN BERNARDINO FOR THE MACY/BLAKE
SEWER PROJECT.
I HEREBY CERTIFY that he foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a rel1ular
meeting
thereof, held on the 24th day of January ,1994, by the following vote, to wit:
Councilmembers:
AYES
NAYS
ABSTAIN ABSENT
NEGRETE
x
CURLIN
---lL-
HERNANDEZ
~
OBERHELMAN
x
DEVLIN
---X-
POPE-LUDLAM
x
MILLER
x
a~~
City ~rk
The foregoing resolution is hereby approved this ~\.+-\\ day of Januarv
1994.
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Edward V. Negrete, Mayor Pro Tempore
City of San Bernardino
Approved as to
form and legal cO! tent:
JAMES F, PENM,\N,
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Inc Cities-San Bernardino
Agreements
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY. CALIFORNIA
FEBRUARY 15, 1994
FROM: THOMAS R. LAURIN, Director
Department of Economic and Community Development
SUBJECT: CONTRACT WITH CITY OF SAN BERNARDINO
RECOMMENDATION: Approve contract with the City of San Bernardino in the
amount of $35,000 to provide for the reconstruction of a sewer line at Blake
and Macy Streets, Muscoy.
BACKGROUND INFORMATION: Each year the County receives an entitlement grant
under the Communi ty Development Block Grant (CDBG) program for fundi ng
activities that benefit low-and moderate-income families. As part of the
1993-94 CDBG program, a total allocation of $35,000 was set aside for the
reconstruction of approximately 450 1 inear feet of 21 inch sewer 1 ine on
Blake Street west from Kerry Street to Macy Street. This will provide a safe
and sanitary sewer system for the low-and moderate-incomahouseholds residing
in Muscoy. The City of San Bernardino is implementing this project. The
contract specifies the terms and assurances necessary for compliance with
County requirements and CDBG program regulations.
REASON FOR RECOMMENDATION: CDBG regulations require Board of Supervisors'
approval of CDBG subrecipient public services contracts.
REVIEW BY OTHERS: The contract was reviewed and approved by Deputy County
Counsel Paul St. John on February I, I994j Risk Management (Pamela Thompson)
on January 11, 1994j and by the Department of Economic and Community
Development's Contract Compliance Officer. This action was reviewed by staff
of the Fifth Supervisorial District.
FINANCIAL DATA: CDBG funds in the amount of $35,000 have been allocated to
this project. This action has no effect on the County General Fund.
PRESENTER: Thomas R. Laurin, Director, Ext. 4594.
cc: &:D w/agreanent
Contractor w/agr c/o ECD
Auditor w/agreanent
Human Res.-Aff. Action
Risk Management
EM;
File w/agreement
cIs
EARLENE
BY
DATED: FEB
Action of the Board of Supervisors
NO. 94-113
SUPERVISORS
ARDINO
AYE MOVE
4 5
14.9507.000
Rev. 10/81
ITEM 5
"
94
20
FOR COUNTY USE ONL Y
.
E 8 New Vendor Code
M I- Change
X Cancel CITYOFSm
County Department
Economic and Community Development
Dept.
Contract Number
SC BCD A
Q(j.-1/3
Dept. Orgn.
BCD PROJ
Contractor's License No.
Countv of San Bernardino
moMAS R LAURIN
Fund I Dept. I Organization
SBA ECD PROJ
Commodity Code
Ph. Ext. Amount of Contract
4594 $35,000
I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number
200 2005 I 00001110
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
FY
I/O
County Department Contract Representative
FAS
CONTRACT TRANSMITTAL
Project Name
Muscov: Sewer Realiltflment ~
Blake and Macy Streets
(#215-19106)
~ $35.000
CONTRACTOR City of San Bernardino
Birth Date
N/A
Federal ID No, or Social Security No,
95-600071
Contractor's Representative Mr. Roger G. Hardgrave, City Engineer
Address
300 North "0" Street, San Bernardino, CA 92480
Phone
909-384-5111
Nature of Contract: (Briefly describe the general terms of the contract)
This contract, between the County of San Bernardino and the City of San Bernardino
provides $ 35,000 of Community Development Block Grant (CDBG) funds for the
reconstruction of approximately 450 linear feet of Zl-inch sewer line on Blake
Street, west from Kerry Street to Macy Street, in the unincorporated area of San
Bernardino County commonly referred to as Muscoy. The City of San Bernardino is
responsible for the implementation of this project.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
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Reviewed for Processing
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Agency Administrator/CAD
Date
Date
02-12294-000 Rev. 11190
. .
Res.
94-20
CONTRACT
This
Contract is made and entered into this day of
,19 ,by and between the County of San Bernardino, hereinafter
as "COUNTY", the City of San Bernardino, hereinafter referred to as
referred to
"CITY".
WITNESSETH
WHEREAS, COUNTY and CITY have individually and independently entered into a
contract with the United States of America through its Department of Housing and
Urban Development, hereinafter referred to as "HUD" , to execute their respective
Community Development Block Grant programs, hereinafter referred to as "CDBG" , under
the Housing and Community Development Act of 1974, as amended, hereinafter referred
to as the "ACT"; and,
WHEREAS, COUNTY Department of Economic and Community Development, hereinafter
referred to as "ECD" , is authorized to act on behalf of the COUNTY in administering
COUNTY's CDBG program; and,
WHEREAS, CITY Economic Development Agency, hereinafter referred to as "EDA" ,
is authorized to act on behalf of CITY in administering CITY's CDBG program; and,
WHEREAS, COUNTY and CITY have recognized the need to replace approximately 450
linear feet of 21 inch sewer line on Blake Street west from Kerry Street to Macy
Street, hereinafter referred to as "IMPROVEMENTS" in order to provide a safe and
sanitary sewer system to area residents; and,
WHEREAS, COUNTY and CITY desire to have CITY manage the design and construction
of IMPROVEMENTS; and,
WHEREAS, COUNTY has allocated up to thirty five thousand dollars ($35,000) of
CDBG funds for IMPROVEMENTS; and,
WHEREAS, CITY has allocated up to twenty five thousand dollars ($25,000) of
CDBG funds for IMPROVEMENTS.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom, the parties do agree as follows:
1. PURPOSE.
The purpose of this Contract is to provide for the reconstruction, operation
and maintenance of approximately 450 linear feet of 21 inch sewer line on
Blake Street west from Kerry Street to Macy Street in the unincorporated area
of San Bernardino County commonly referred to as Muscoy.
2. SCOPE OF PROJECT.
CITY shall have the responsibility for the design and construction of
IMPROVEMENTS which will contain approximately 450 linear feet of 21 inch sewer
line on Blake Street west from Kerry Street to Macy Street in the Muscoy
community. CITY will be responsible for compliance with the Davis-Bacon Act
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and other related acts associated with the CDBG program. Unless as specified
otherwise, ECD shall have the ,authority to represent COUNTY regarding the
terms and conditions of this Contract.
3. FUNDING.
COUNTY shall provide CDBG funding in the amount not to exceed thirty five
thousand dollars ($35,000) for the purpose of constructing IMPROVEMENTS. CITY
shall provide funding in the amount not to exceed twenty five thousand dollars
($25,000). Both CITY and COUNTY shall contribute equal amounts to fund the
project not to exceed $25,000 for CITY, and $35,000 for COUNTY. In the event
additional funds are allocated, subject to to review and approval of the
respective CITY and COUNTY policy boards, said cost shall be contributed and
resulting expenses paid equally.
Within ten (10) working days upon written demand by CITY, COUNTY shall pay to
CITY, 50% of the cost associated with the completion of IMPROVEMENTS up to a
total of thirty five thousand dollars ($35,000). Appropriate invoiced
documentation shall be included in said written demand from CITY.
4. CONSTRUCTION MANAGEMENT.
CITY shall provide construction management and inspection services for
IMPROVEMENTS.
5. TEMPORARY ACCESS EASEMENT.
CITY and COUNTY, their officers, agents, employees, and persons under contract
with CITY or COUNTY will have the privilege and right to enter upon or across
the project site for the purpose of completing the terms of this Contract.
Expiration of the temporary access easement does not preclude COUNTY or CITY
from entering onto the project site for the purpose of inspecting
IMPROVEMENTS.
6. MAINTENANCE AND OPERATION.
CITY shall maintain the completed IMPROVEMENTS as necessary at the
expense of CITY for a period of not less than ten (10) years.
IMPROVEMENTS shall be maintained and operated at all times in accordance
Federal, State and local laws, regulations and safety standards.
sole
Said
with
7. ON-SITE INSPECTION
COUNTY and CITY, their officers, agents and employees and persons under
contract with COUNTY or CITY will have the privilege and right to on-site
inspection of IMPROVEMENTS for the duration of this Contract. CITY will
require that any contractor for IMPROVEMENTS ensure that its employees and
agents furnish all information that, in the judgement of COUNTY and CITY
representatives, may be relevant to questions of compliance with this
Contract.
8. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE
CITY shall make every effort to ensure that all projects funded wholly or in
part by HUD CDBG funds shall provide equal employment and career advancement
opportunities for minorities and women. In addition, CITY shall make every
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effort to employ residents of the area and shall keep a record of the
positions that have been created directly as a result of this Contract.
San Bernardino County has a goal of 15 percent (15%) minority business
enterprise (MBE) and 5 percent (5%) women business enterprise (WBE)
participation for all contracts. CITY agrees to comply with the provisions of
the Affirmative Action Compliance Program of the County of San Bernardino and
rules and regulations adopted pursuant thereto. CITY shall comply with
Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the
Civil Rights Act of 1964, the California Fair Employment Practice Act,
California Public Contracts Code 2000 and the San Bernardino County M/WBE
Policy No. 11-15, and other applicable Federal, State and County laws,
regulations and policies relating to equal employment and contracting
opportunities, including laws and regulations hereafter enacted. Information
on these rules and regulations may be obtained from the Contract Compliance
Officer of the County of San Bernardino at (909) 387-5584.
9. COMPLIANCE WITH LAWS
All parties agree to be bound by applicable Federal, State and local laws,
ordinances, regulations and directives as they pertain to the performance of
this Contract. This Contract is subject to and incorporates the terms of the
ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of
Management and Budget Circular A-87.
10. HOLD HARMLESS
Each party shall indemnify and hold the other party, its officers, agents,
volunteers and employees, harmless from and against any loss, liability,
claim, or damage that may arise or result from its activities and those of its
officers, agents, volunteers and employees; and each party shall, at its own
cost, expense and risk, defend any legal proceedings that may be brought
against the other party, its officers, agents, and employees, on any
liability, claim or demand and satisfy any judgement that may be rendered
against any of them arising or resulting from its activirties and those of its
officers, agents, and employees without waiving its right for subsequent 50%
reimbursement of expenditures. CITY shall assume liability for all and any
direct expense incurred in providing services pursuant to this Contract and
shall assume any and all responsibilities for loss or damage resulting from
negligence, injury, illness. or disease arising out of the provision of
services. CITY, however, is obligated to promptly notify COUNTY in writing of
the occurrence of any such loss or damage.
11. INSURANCE REOUIREMENTS
In order to accomplish the indemnification provided in Section 10 (above), but
without limiting the indemnification, CITY shall secure and maintain
throughout the term of this Contract the following types of insurance issued
by companies acceptable to the COUNTY Risk Manager with limits as shown:
Workers' Compensation - A program of Worker's 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 CITY and all risks
to such persons under this Contract.
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94, '> ()
Comurehensive General and Automobile Liability Insurance - This coverage
to include contractual coverage and automobile liability coverage for
owned, hired, and non-owned vehicles. The policy shall have combined
single limits for bodily injury and property damage of not less than one
million dollars ($1,000,000).
Errors and Omissions Liability Insurance - Combined single limits of one
million dollars ($1,000,000) for bodily injury and property damage; or,
Professional Liability - Professional liability insurance with limits of
at least one million dollars ($1,000,000) per claim and in the
aggregate.
Additional Named Insured - All policies, except for the Workers'
Compensation coverage and Errors and Omissions or Professional
Liability, shall contain additional endorsements naming COUNTY
employees, agents, volunteers, and officers as additional named insured
with respect to liabilities arising out of the performance of services
hereunder. For Professional Liability coverage COUNTY shall be named as
a designated person referencing this Contract's Number on the policy.
Waiver of Subroeation Riehts - CITY shall require the carriers of the
above required coverage to waive all rights of subrogation against
COUNTY, its officers, volunteers, employees, contractors and
subcontractors.
Policies Primarv and Non-Contributorv - All policies required above are
to be primary and non-contributory with any insurance or self-insurance
programs carried or administered by COUNTY.
Proof of Coveraee - CITY shall immediately furnish certificates of
insurance or a letter certifying CITY's self-insurance program to ECD
evidencing the insurance coverage above required prior to the
commencement of performance of services hereunder. These certificates
shall provide that such insurance shall not be terminated or expire
without thirty (30) days written notice to COUNTY. Within sixty (60)
days of the commencement of this Contract CITY shall furnish certified
copies of the policies and endorsements. CITY shall complete and submit
Contract Exhibit 1 of 1, Insurance Inventory, along with the above
required insurance documents.
12. VIOLATION OF CONTRACT
In the event that either party violates any of the terms and conditions of
this Contract, the other party shall give written notice of violence and
demand for correction. If, within thirty (30) days from receipt of written
notice, such party has not corrected the violation or shown acceptable cause,
the noticing party has the right to terminate this Contract. It is agreed
that in the event of a termination due to a violation of this Contract by
either party, the violating party shall pay to the other party within ten (10)
days of receipt of Notice of Termination, the total funds paid by the other
party under the terms of this Contract, as provided in Section 3, FUNDING.
Said amount is agreed to represent a reasonable endeavor by both parties
hereto, to be a fair compensation for the foreseeable losses that might result
from such a breach or default.
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13, EASEMENTS. TRUSTS AND WARRANTIES
A. It is expressly understood and agreed that this Contract and all rights
and privileges hereunder granted are subject to all easements and
rights-of-way now existing in, to, under or over the said premises for
any purpose whatsoever.
B. In the event that this Contract or any provision thereof shall be
declared null and void by a court of competent jurisdiction, COUNTY or
any of their respective officers, agents or employees, or members of the
San Bernardino County Board of Supervisors shall not be liable to CITY
or to any person holding under or through him for any losses or d~ges
of any nature whatsoever suffered or claimed to be suffered by CITY or
such person by reason of such determination.
C. CITY assumes all risks incident to the use and management of said
premises in its present condition or in any condition thereof which may
prevail during the term of this Contract.
D. Any major changes required by a competent government jurisdiction to the
Contract which are beyond the control of CITY will make the Contract
terms subject to renegotiation.
E. It is expressly understood and agreed that COUNTY does not, in any way
nor for any purpose, become a partner of CITY, or a joint venturer with
CITY.
14. LABOR COMPLIANCE DUTIES OF CITY
For the purpose of this Contract CITY shall be solely responsible for labor
compliance and associated record keeping during the construction of
IMPROVEMENTS. CITY shall be responsible for ensuring that all contractor(s)
and subcontractor(s) hired under the provisions of this Contract, comply with
Federal Labor Standard Provisions (HUD form 4010) , prevailing wage
requirements and Equal Employment Opportunity regulations. CITY shall also
conduct on-site interviews with contractor and sub-contractor employees
regarding their work classification and rate of pay. CITY shall submit to
COUNTY a copy of each contractor's and subcontractor's weekly certified
payroll (HUD form WH-347) and monthly employment utilization report (HOD form
CC-257) upon their receipt from each contractor and sub-contractor. CITY
shall provide COUNTY with minutes of construction progress meetings for
IMPROVEMENTS. CITY shall provide COUNTY with a copy of all correspondence
related to labor compliance and associated record keeping during the
construction of IMPROVEMENTS. CITY shall be responsible at its sole expense
and resource for enforcing compliance with applicable labor laws and
regulations, including investigating and correcting violations, withholding
funds, making restitution and paying penalties and damages as required by said
laws and regulations.
15. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the
parties hereto. There are no oral contracts not contained herein. Except as
herein provided, addition or variation of the terms of this Contract shall not
be valid unless submitted in the form of a written amendment to this Contract
formally approved and executed by the parties.
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16. NOTICES.
All notices shall be served in writing. The notices shall be sent by prepaid
first class mail to the following addresses:
COUNTY
CITY OF SAN BERNARDINO
County of San Bernardino
Department of Economic and
Community Development
474 West Fifth Street
San Bernardino, CA 92415-0040
City of San Bernardino
Economic Development Agency
201 North "E" Street
San Bernardino, CA 92401-1507
17. EFFECTIVE DATE.
This Contract shall be dated and effective the date the last of the parties
hereto execute this Contract and shall continue for the useful life of the
IMPROVEMENTS covered under the terms of this Contract but not less than ten
(10) years.
18. INVALID CONDITIONS.
If anyone or more of the terms, provisions, sections, promises, covenants or
conditions of this Contract shall to any extent be judged invalid,
unenforceable, void or voidable for any reason whatsoever, by a court of
competent jurisdiction, each and all of the remaining terms, provisions,
sections, promises, covenants and conditions of the Contract shall not be
affected thereby, and shall be valid and enforceable to the fullest extent
permitted by law.
19. BINDING INTEREST.
This Contract shall be binding on the parties, their successors in interest,
heirs and assigns.
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94-20
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of
the day and year first written above.'
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
s
By: ~,./#.d~~
Mayor Pro Tempore
JAN 2 6 1994
Date:
Date:
APPROVED AS TO FORM AND LEGAL CONTENT
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT EN DELIVERED TO
THE CHAI
JAMES F. PENMAN
City Attorney
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By:
Date:
ATTEST:
By: ~~ ~
City Clerk
Date:
APPROVED AS TO LEGAL FORM
AIAN K. MARKS
COUNTY COUNSEL
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Dep unt Counsel
Date:--.lEa.J 1994
AGMTS/MUSCSEWE.AGT
7/1/93/TCR/bjj
1/10/94/TCR/bjj
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