HomeMy WebLinkAbout2007-407
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RESOLUTION NO. 2007-407
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF COLTON FOR
CONSTRUCTION OF RANDALL BASIN (SD08-03).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a cooperative agreement between the San Bernardino
County Flood Control District, the City of Colton and the City of San Bernardino for
construction of Randall Basin (SD08-03) as shown in this agreement. A copy of said
cooperative agreement is attached as Attachment "A" and made a part hereof.
SECTION 2. The authorization to execute the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
III
III
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RESOLUTION ... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND THE
CITY OF COLTON FOR CONSTRUCTION OF RANDALL BASIN (SD08-03)).
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Connnon Council of the City of San Bernardino at a regular meeting thereof, held on the
1st day of October
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
BRINKER
~
DERRY
x
KELLEY
x
JOHNSON
~
MC CAMMACK
x
~/11.~
City Clerk
19 The foregoing resolution is hereby approved this ~~ _ day of October ,2007.
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Approved as to form:
JAMES F. PENMAN,
City Attorney
By:L 1-/~~
o
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{!i1l:TY"i~ ~
(({I .,;)
~~
.x New Vendor Code Depl. Contract Number
- Change SC A 67- 9~/
Cancel
County Department Depl. Orgn. Contracto(s Ucense No.
Public Works 097 097
County Department Contract Representative Telephone Total Contract Amount
Melissa Walker 387-8120 $1,576,000
Contract Type
D Revenue D Encumbered !Xl Unencumbered D Other.
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Depl. Organization Appr. Obj/Rev Source GRClPROJ/JOB No. Amount
RFF 092 092 200 2445 11F01545 $1.576.000
Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount I/D
Randall Basin $1,576,000
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FOR COUNTY USE ONLY
San Bernardino County
Flood Control District
FAS
STANDARD CONTRACT
APPROVED BY
CITY ~9iL
Date C:S
Item #
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the DISTRICT, and
City of Colton
160 South 10th Street
Colton, CA 92324
Telephone Federal 10 No. or Social Security No.
(909) 370-5065
hereinafter called
eOl TON
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Telephone Federal 10 No. or Social Security No.
(909) 384-5111
hereinafter called
SAN BERNARDINO
IT IS HEREBY AGREED AS FOLLOWS:
(Use space be/ow and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and condmons. and attach plans, specifications, and addenda. if any.)
WITNESSTH
WHEREAS, the San Bernardino County Flood Control District (hereinafter referred to as DISTRICT), the City
of Colton (hereinafter referred to as COLTON) and the City of San Bernardino (hereinafter referred to as
SAN BERNARDINO) desire to cooperate and jointly participate in construction and construction engineering
for drainage improvements, including inlet and outlet works, at Randall Basin (hereinafter referred to as
PROJECT); and
Page 1 of 8
WHEREAS, the PARTIES that are signatories to this agreement include the DISTRICT, COLTON and SAN
BERNARDINO; and
WHEREAS, construction plans, special provisions and cost estimates for the PROJECT shall be approved
by the PARTIES prior to advertisement of the PROJECT; and
WHEREAS, the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS, the PROJECT will improve flood control capacity, thereby making COLTON. SAN
BERNARDINO and the surrounding community safer and more prepared in case of an emergency; and
WHEREAS, COLTON desires to expedite the construction of the PROJECT to start in Fiscal Year
2007/2008; and
WHEREAS, the total cost of construction is estimated to be $1,576,000; and
WHEREAS, COLTON desires to take the lead in construction and initial funding of the PROJECT; and
WHEREAS, construction of the PROJECT shall commence prior to midnight on December 31 of the 2007
calendar year; and
WHEREAS, COLTON desires to contribute $150,000 in Fiscal Year 2007/2008 to the initial construction; and
WHEREAS, SAN BERNARDINO desires to contribute $150,000 in Fiscal Year 2007/2008 to the initial
construction; and
WHEREAS, the DISTRICT will reimburse the construction cost initially funded by COLTON and SAN
BERNARDINO within three (3) years of the completion of construction which shall occur upon the date of
issuance of a Notice of Acceptance by the DISTRICT indicating acceptance of ownership and responsibility
for the operation and maintenance of the PROJECT; and
WHEREAS, the PARTIES desire to set forth responsibilities and obligations of each as pertains to such
participation and to the construction and funding of the proposed project.
NOW, THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION I
1.0 COLTON agrees to:
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 properly damage of
not less than one million dollars ($1,000,000) and shall name the PARTIES as additional insured.
Waiver of Subroaation Riahts - 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.
Randall Basin
Page 2 of 8
Policies Primary 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 the DISTRICT.
1."1 Act as lead agency to in construction and construction engineering of the PROJECT.
1.2 Construct the PROJECT by contract in accordance with the plans and specifications of the DISTRICT,
which have been reviewed and approved by COLTON and SAN BERNARDINO.
1.3 Start construction of the PROJECT prior to midnight on December 31'1 of the 2007 calendar year.
1.4 Arrange for relocation of any utilities, which interfere with construction of the PROJECT within the
PROJECT site.
1.5 Obtain a no-cost permit from SAN BERNARDINO and the DISTRICT 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 California
Public Contract Code and the applicable provisions of the Colton Municipal Code.
1.7 Provide adequate inspection of all items of work performed under the construction contract(s) with
COLTON's contractors or subcontractors for the PROJECT and maintain adequate records of
inspection and materials testing for review by SAN BERNARDINO and the DISTRICT. COLTON shall
provide copies of any records of inspection and materials testing to SAN BERNARDINO and the
DISTRICT within ten (10) days of COLTON's receipt of written demand from SAN BERNARDINO and
the DISTRICT for such records.
1.8 Fund all PROJECT costs, including the cost of PROJECT construction, construction engineering and
overhead costs.
1.9 Submit requests for funding reimbursement to the SAN BERNARDINO and the DISTRICT.
1.10 Provide status reports to the DISTRICT and SAN BERNARDINO upon request.
1.11 Provide to the DISTRICT, upon completion of the PROJECT improvements, calculations to determine
the actual total PROJECT costs based upon the contractor's actual bid, and subsequent change
orders, and COLTON's cost accounting records.
1.12 Submit to the DISTRICT a final itemized accounting of actual PROJECT costs incurred by PARTIES to
date and which have not already been paid by the DISTRICT. Costs shall be amended following
acceptance of the final construction cost accounting by the PARTIES.
1.13 Provide to the DISTRICT, upon completion of the PROJECT improvements, "As-Built" drawings.
1.14 Retain or cause to be retained for audit by the DISTRICT or other government auditors for a period of
three (3) years from the date of final payment, all records and accounts relating to the PROJECT work.
1.15 If after opening of bids for the PROJECT and if bids indicate a cost overrun of no more than 25% of the
estimate, COLTON may award the contract.
1.16 If, upon opening of bids, it is found that the costs exceed 25% 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.
SECTION II
2.0 SAN BERNARDINO agrees to:
2.1 Pay to COLTON $150,000 of the PROJECT cost within thirty (30) days after receipt of a reimbursement
request with funding available in Fiscal Year 2007/2008.
2.2 Submit requests for funding reimbursement to the DISTRICT after the completion of construction
2.3 Provide a no-cost permit to the COLTON for its work in SAN BERNARDINO's right-of-way.
Randall Basin
Page 3 of8
SECTION III
3.0 DISTRICT agrees to:
3.1 Reimburse SAN BERNARDINO $150,000 of the PROJECT cost in Fiscal Year 2008/2009.
3.2 Reimburse COLTON the PROJECT costs incurred during construction minus the $150,000 contributed
by SAN BERNARDINO, within three (3) years of the completion of construction.
3.3 Provide a no-cost permit to the COLTON for its work in the DISTRICT's right-of-way.
3.4 Upon completion of construction of the PROJECT and final inspection by the DISTRICT, the DISTRICT
shall accept ownership and responsibility for the operation and maintenance of the PROJECT.
SECTION IV
4.0 IT IS FURTHER UNDERSTOOD AND AGREED:
4.1 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, 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.
4.2 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.
4.3 In the event that change orders are required during the course of the PROJECT, said change orders
must have a signature line for the DISTRICT on the form and the DISTRICT must sign the original
Change Order form. Contract Change Order forms must be delivered to the DISTRICT within four
working days and will be retumed to the CITY within two working days.
4.4 If the PARTIES 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.
4.5 Indemnification and Insurance.
a. The DISTRICT agrees to indemnify and hold harmless SAN BERNARDINO and COLTON, 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,
Randall Basin
Page 4 of 8
agents or volunteers in connection with the DISTRICTs performance of its obligations under this
Agreement.
b. SAN BERNARDINO agrees to indemnify and hold harmless the DISTRICT and COLTON, 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.
c. COLTON agrees to indemnify and hold harmless the DISTRICT and SAN BERNARDINO, 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 COLTON its officers, employees, agents
or volunteers in connection with COLTON's performance of its obligations under this Agreement.
d. Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions
and Professional Liability policies, shall contain additional endorsements naming the DISTRICT,
SAN BERNARDINO, COLTON and their officers, employees, agents and volunteers as additional
insureds with respect to liabilities arising out of the performance of services hereunder. The
additional insured endorsements shall not limit the scope of coverage for the DISTRICT or SAN
BERNARDINO or COLTON to vicarious liability but shall allow coverage for the DISTRICT, SAN
BERNARDINO and COLTON to the full extent provided by the policy. Such additional insured
coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG
2010.
e. In the event the DISTRICT and/or SAN BERNARDINO and/or COLTON 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 COLTON
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.
f. The DISTRICT, SAN BERNARDINO and COLTON are self-insured public entities for purposes of
Professional Liability, General Liability, and Workers' Compensation. The DISTRICT, SAN
BERNARDINO and COLTON 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.
4.6 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.
4.7 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.
4.8 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.
4.9 Time is of the essence for each and every provision of this Agreement.
4.10 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.
Randall Basin
Page 5 of 8
4.12 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.
4.13 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.
4.14 This Agreement may be cancelled upon thirty (30) days written notice of any party, provided however,
that no party may cancel this Agreement after COLTON lets a contract to construct the PROJECT. In
the evenl of cancellation as provided herein, all PROJECT costs required to be paid by the PARTIES
prior to the effective date of cancellation shall be paid by the parties in the proportion provided herein.
4.15 This Agreement may be signed in counterparts, each of which shall constitute an original.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of all
parties.
RANDALL BASIN AGREEMENT
IN WITNESS WHEREOF, this contract, has been fully executed on behalf of the CITY by its duly authorized
officers and the DISTRICT has caused the same to be duly executed in its name and in its behalf by it duly
authorized representatives, effective as of the date hereunder written.
This contract shall insure to the benefit of and to be binding upon the successors and assigns both parties.
~ ''"~~':''''-''''"'cr
Paul Blane, Bard Chairman
OCT ! 3 ZOO7
Dated:
SIGNED AND CERTIFI
DOCUMENT HAS
CHAIRMAN OF
:vie7;::JitJJ::;A
Dale
10- 10-07
Dale
IO!rt !o1
, I
Randall Basin
Page 6 of 8
RANDALL BASIN AGREEMENT
IN WITNESS WHEREOF, this contract, has been fully executed on behalf of the CITY by its duly authorized
officers and the DISTRICT has caused the same to be duly executed in its name and in its behalf by it duly
authorized representatives, effective as of the date hereunder written.
This contract shall insure to the benefit of and to be binding upon the successors and assigns both parties.
City of Colton
(:rint or type name of corpo'"lJ.. :mpal contractor, etc.)
~ignature - sign in blue ink)
Name Kellv J. Chastain
(Print or type name of person signing contract)
Title Mavor
~ (Print or Type)
Dated: ~lY\bey '2...f). '2001
Address 160 South 10th Street
Colton. CA 92324
Approved as to Legal Form
~ ~- ,. 1-=\
City Attome
A~city~lerk ~.
~ tJ. J~ ~.?~
City Clerk
Date~'Z?; ~~LJ JQ/7,C)a::J7
7' /
Date -::',-r ~. "-007
Randall Basin
Page 7 of 8
2007-407
'.
ATTACHMENT "A"
RANDALL BASIN AGREEMENT
IN WITNESS WHEREOF, this contract, has been fully executed on behalf of the CITY by its duly authorized
officers and the DISTRICT has caused the same to be duly executed in its name and in its behalf by it duly
authorized representatives, effective as of the date hereunder written.
This contract shall insure to the benefit of and to be binding upon the successors and assigns both parties.
n Bernardino
. n, company, contractor, etc.)
~
Name Fred Wilson
(Print or type neme of person signing contract)
Title City Manaaer
(Print or Type)
Dated:
Address 300 N. "0" Street
San Bernardino. CA 92418
Approved a.to legal Fonn
o~?-.~
City orney
Date .5~ ') t/ /--t7'-'
:~:::2 h ~
C~
Date ~ '1,).,001
Randall Basin