HomeMy WebLinkAbout2010-056
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RESOLUTION NO. 2010-56
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF A COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT (DISTRICT), THE CITY OF HIGHLAND,
4 THE CITY OF REDLANDS AND THE INLAND VALLEY DEVELOPMENT AGENCY
(IVDA) FOR CONSTRUCTION OF ALABAMA STREET AT CITY CREEK - ROAD
5 IMPROVEMENTS (SDOS-Ol).
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
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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 (District), the City of Highland, the City of Redlands, the Inland
Valley Development Agency (IVDA) and the City of San Bernardino for construction of
Alabama Street at City Creek - Road Improvements (SD05-01) as shown in said 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 The authorization to execute the above-referenced agreement is rescinded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 ninety (90) days of the passage of this
resolution.
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. 201?-56
1 RESOLUTION... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
2 (DISTRICT), THE CITY OF HIGHLAND, THE CITY OF REDLANDS AND THE
3 INLAND V ALLEY DEVELOPMENT AGENCY (IVDA) FOR CONSTRUCTION OF
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS (SD05-01).
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint
6 Common Council of the City of San Bernardino at a regular
meeting thereof, held on the
7 5th day of April
8 Council Members:
, 2010, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
9 MARQUEZ
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DESJARDINS
BRINKER
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x
SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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a~l;.~
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City Clerk
The foregoing resolution is hereby approved this JiG nI day of April _ ,2010.
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23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
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B-~ CD - . \ ~'\ LCL2(cud
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2010-56
~ t',lM.d 0
New Vendor Code Depl. Contract Number
Change SC A /0. ?J'?~
Canoel
Flood Control District Depl. Orgn. Contractor's License No.
Flood Control District 097 097
Flood Control District Representative Telephone Total Contract Amount
Melissa Walker (9091387 - 8120 $1,612,944
Contract Type
IJl Revenue 0 Encumbered 0 Unencumbered 0 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 GRC/PROJIJOB No. Amount
RFF 092 092 , 8842 , 78F2082 $1.612.944
Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJIJOB No. Amount
, .
Project Name Estimated Payment Total by Fiscal Vear
FV Amount 110 FV Amount 110
Alabama Street at City 09/10 $1,612,944
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Creek Road Improvements
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OFFICIAL USE ONLY
San Bernardino County
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
THIS AGREEMENT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the DISTRICT. and
Name
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Telephone Federal 10 No. or Social Security No.
909384-5211
Address
hereinafter called
SAN BERNARDINO
Name
City of Redlands
35 Cajon Street
Redlands, CA 92373
Telephone Federal 10 No. or Social Security No.
909798-7655
Address
hereinafter called
REDLANDS
Auditor/Controller-Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
Page 1 of 18
2010-56
Name
City of Highland
27215 Baseline
Highland, CA 92346
Telephone Federal 10 No. or Social Security No.
909-864-6861
Address
hereinafter called
HIGHLAND
Name
Inland Valley Development Agency
Address
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone Federal 10 No. or Social Security No.
909-382-4100
hereinafter called
IVDA
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District (hereinafter referred to as DISTRICT), the
City of San Bernardino (hereinafter referred to as SAN BERNARDINO), the City of Redlands (hereinafter
referred to as REDLANDS), Inland Valley Development Agency (hereinafter referred to as IVDA) and the
City of Highland (hereinafter referred to as HIGHLAND) are signatories to this AGREEMENT, and all shall
be collectively known as the PARTIES; and
WHEREAS, the PARTIES desire to cooperate and jointly participate with their equal cost shares in
environmental mitigation, construction and construction engineering for road improvements, including the
installation of drainage culverts and bank protection at the Alabama Street crossing at City Creek
(hereinafter referred to as PROJECT); and
WHEREAS. while the PROJECT is a road improvement project, the DISTRICT recognizes there is a
benefit to the DISTRICT by improving an existing obstruction to the DISTRICT's City Creek facility; and
WHEREAS, the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS, PARTIES desire to commence construction of the PROJECT in spring 2010; and
WHEREAS, construction plans, special provisions and cost estimates for the PROJECT shall be approved
by the PARTIES prior to advertising for construction bids on the PROJECT; and
WHEREAS, total current projected cost for the PROJECT is approximately $4.100,000 (current PROJECT
cost estimate), while Federal Highways Administration (hereinafter referred to as FHWA) has approved
funding a portion of the project cost originally estimated at $3,159,542 (original PROJECT cost estimate)
per the FHWA Damage Assessment Form to cover permanent restoration and reconstruction engineering;
and
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WflEREAS, the DISTRICT has received approval for funding from FHWA (88.53% of approved PROJECT
costs) and the State Office of Emergency Services (hereinafter referred to as State OES) (8.6% of
approved PROJECT costs) for the PROJECT; and
WHEREAS, the DISTRICT has received approval from FHWA for the funding of the permanent restoration
work and will coordinate with FHWA and State OES for reimbursement claims for the PROJECT; and
WHEREAS, an estimated $3,068,862 of the PROJECT costs have been approved to be funded by the
grants from FHWA and State OES and the required local match for the grant is $90,680; and,
WHEREAS, approximately $940,458 of the PROJECT costs are currently not covered by the grants and
local match and will be shared equally among the PARTIES; and,
WHEREAS. on June 3, 2008 the County Board of Supervisors, pursuant to Streets and Highways Code
section 1686 approved a loan from the County of San Bernardino Transportation Department to the
DISTRICT in the amount of $3,000,000 to proceed with the PROJECT (Resolution No. 2008-101); and
WHEREAS, the DISTRICT will repay the loan upon reimbursements from FHWA and State OES; and
WHEREAS, the DISTRICT and HIGHLAND desire to provide initial funding for the PROJECT; and
WHEREAS, the DISTRICT will provide initial funding of $2,487,056 and HIGHLAND will provide initial
funding of $994,260 for the current estimated total PROJECT cost; and
WHEREAS, upon receipt of grant funds from FHWA and State OES the DISTRICT will reimburse
HIGHLAND an amount above its final cost share funded initially by HIGHLAND; and
WHEREAS. the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to equally
fund the final local match for the grant and any of the PROJECT costs not covered by the grant funds; and
WHEREAS, the total estimated shares of the PROJECT cost after grant funding are: DISTRICT 5.03%
($206,228), SAN BERNARDINO 5.03% ($206,228), IVDA 5.03% ($206,228), REDLANDS 5.03%
($206,228), and HIGHLAND 5.03% ($206,228), as shown in Exhibit "A", attached hereto and incorporated
herein by reference; and
WHEREAS, the PARTIES desire to pay the DISTRICT their equal share of the PROJECT cost; and
WHEREAS. the DISTRICT shall retain the grant funds for the PROJECT as reimbursement of costs
incurred, but not billed to PARTIES; and
WHEREAS, the PARTIES recognize that PROJECT costs and grant funds are estimated and subject to
change and that it is the intent of the PARTIES that the PARTIES shall pay for their share of final project
costs, net of grant funding, pursuant to the cost sharing percentages indicated in Exhibit "An with any
additional grant funds obtained for the PROJECT prorated and subtracted from each PARTY's share of the
PROJECT costs; and
WHEREAS, the PARTIES desire to set forth responsibilities and obligations of each as they pertain to such
participation and to the completion of the proposed PROJECT.
NOW, THEREFORE. IT IS MUTUALLY AGREED as follows:
1.0 DISTRICT AGREES TO
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'1.1 Act as the Lead Agency to oversee and administer the environmental mitigation. construction
and construction engineering of the PROJECT.
1.2 Pay its equal share of the PROJECT costs ($206,228) as set forth in Exhibit "A". including any
proportionate cost increases pursuant to section 6.13 below.
1.3 Construct the PROJECT pursuant to the terms of this AGREEMENT in accordance with the
plans and specifications of the DISTRICT. DISTRICT shall forward the plans and specifications
to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND.
1.4 Arrange for relocation of any utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain no-cost permits from SAN BERNARDINO, REDLANDS and HIGHLAND for work within
the respective right-of-way of each.
1.6 Proceed with construction advertisement upon obligation of FHWA and State OES grant funds.
1.7 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.8 Require its contractors to maintain adequate Workers' Compensation, Genera' Liability, Auto
Liability and other insurance pursuant to DISTRICT standard practice.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s)
with the DISTRICT's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND. The DISTRICT shall provide copies of any records of inspection and
materials testing to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND within ten (10)
days after the DISTRICT's receipt of written demand from SAN BERNARDINO, REDLANDS,
IVDA and/or HIGHLAND for such records.
1.10 All PROJECT costs, including the cost of PROJECT construction, construction engineering, and
overhead costs. shall be paid for by the PARTIES on a net basis, calculated by subtracting the
anticipated grant reimbursement (currently estimated at 97.13% of the current PROJECT cost
estimate or 74.85% of the origina' PROJECT cost estimate) from the gross costs incurred.
1.11 The DISTRICT shall submit requests for funding and final costs to FHWA and State OES and
shall retain all grant funds as reimbursement for costs incurred but not billed to PARTIES.
1.12 After acceptance of the construction work by the PARTIES, the DISTRICT shall be responsible
for the maintenance of the completed flood control related improvement within the DISTRICT's
right-of-way.
1.13 Submit to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND a final itemized accounting
of actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND and a statement for the outstanding
share of the PROJECT costs owed by SAN BERNARDINO, REDLANDS, IVDA and
HIGHLAND.
1.14 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished.
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
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. 1.15 Provide initial funding of $2,487.056 for the current estimated PROJECT cost which covers
permanent restoration and construction engineering.
1.16 Upon receipt of grant funds from FHWA and State OES, reimburse HIGHLAND the difference
between its final cost share and the amount HIGHLAND initially funded at PROJECT approval,
and reimburse DISTRICT the difference between its final cost share and the amount DISTRICT
initially funded at PROJECT approval.
1.17 The DISTRICT can borrow, as needed, up to $3,000,000 in funding from the County of San
Bernardino Transportation Department.
2.0 SAN BERNARDINO AGREES TO:
2.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
2.2 Provide a no-cost permit to the DISTRICT for its work in SAN BERNARDINO's right-of-way.
2.3 Assist in coordinating relocation of any unknown or unforeseen utilities, which interfere with
construction of the PROJECT within the SAN BERNARDINO's area of the PROJECT site.
2.4 After the acceptance of the construction by the PARTIES, SAN BERNARDINO shall be
responsible for the maintenance of the completed improvement within SAN BERNARDINO's
right-of-way.
2.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
3.0 REDLANDS AGREES TO:
3.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206.228. its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO. REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
3.2 Provide a no-cost permit to the DISTRICT for its work in REDLANDS' right-of-way.
3.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the REDLANDS' area of the PROJECT site.
3.4 After acceptance of the construction by the PARTIES, REDLANDS shall be responsible for the
maintenance of the completed improvement within REDLANDS' right-of-way.
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3.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
4.0 IVDA AGREES TO:
4.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
4.2 Pursuant to the terms and conditions of a separate Right-of Entry Agreement by and between
the San Bernardino International Airport Authority (SBIM), IVDA and DISTRICT. IVDA will
provide a permit to the DISTRICT for its work on SBIM property.
4.3 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
5.0 HIGHLAND AGREES TO:
5.1 Pay to the DISTRICT. after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO, REDLANDS, IVDA. and HIGHLAND, together with adequate
documentation of said expenditures.
5.2 Provide a no-cost permit to the DISTRICT for its work in HIGHLAND's right-of-way.
5.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the HIGHLAND's area of the PROJECT site.
5.4 After acceptance of the construction by the PARTIES, HIGHLAND shall be responsible for the
maintenance of the completed improvement within HIGHLAND's right-of-way.
5.5 Pay its equal share of the PROJECT costs if the grant funding is relinquished, deobligated or
otherwise not funded in an amount not to exceed 20% of the estimated cost of the PROJECT.
5.6 Pay to DISTRICT, after bid opening and prior to award of contract to successful bidder, funding
in the amount of $788.032. The amount described in this paragraph is in addition to the amount
described in section 5.1. Upon DISTRICT's receipt of grant funds from FHWA and State OES,
DISTRICT shall reimburse HIGHLAND the difference between its final cost share and the
amount HIGHLAND initially funded at PROJECT approval.
6.0 IT IS FURTHER UNDERSTOOD AND AGREED:
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6.1 This AGREEMENT shall become effective upon approval by the PARTIES. The Effective Date
of this AGREEMENT shall be the first date on which all of the following has occurred: (1) the
PARTIES Councils and Boards have approved the AGREEMENT; (2) the authorized
representative of each has signed the AGREEMENT; and (3) a fully executed copy of the
AGREEMENT has been submitted to all PARTIES.
6.2 All of the DISTRICT's 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 Califomia Revenue and Taxation Code.
all rents, royalties and license and pernnit 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 43-7 or Section 43-
26.9 of the San Bernardino County Flood Control Act (Cal. . Water Code App. Sect. 43-1 et
seq.), and (c) grants, advances or contributions in aid of construction, except to the extent such
grants are unrestricted and available for any expenditure of the DISTRICT.
6.3 American Recovery and Reinvestment Act Funding (ARRA)
Use of ARRA Funds and Requirements. This Agreement may be funded in whole or in part
with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"),
signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alternation, maintenance or repair of a public building
or publiC work (both as defined in 2 CPR 176.140) unless all of the iron, steel and
manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the
United States. A waiver is available under three circumstances: (i) Iron, steel or relevant
manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods
produced in the United States will increase the cost of the overall project by more than 25
percent; or (Iii) Applying the domestic preference would be inconsistent with the public
interest. This is referred to as the "Buy American" requirement. Request for waiver must be
made to the District for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through
the Federal Government pursuant to ARRA shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the
"wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and
wage requirements. The contractors must contact the District contact if they have any
questions regarding the applicability or implementation of the ARRA Buy American and wage
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rate requirements. The contractors will also be required to provide detailed information
regarding compliance with the Buy American requirements they have under ARRA. The
information may be required as frequently as monthly or quarterly. The contractors agree to
fully cooperate in providing information or documents as requested by the District pursuant to
this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract.
The contractors may also be required to register in the Central Contractor Registration (CCR)
database at htto:/lwww.ccr.aov and may be required to have their subcontractors also
register in the same database. The contractors must contact the District with any questions
regarding registration requirements.
Schedule of Expenditure of Federal Awards. In addition to the requirements described in
"Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA
expenditures in single audits is required. The contractors agree to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
Management and Budget Circular A-133, "Audits of States, Local Governments, and
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the
Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and
amount such that separate accountability and disclosure is provided for ARRA funds by
Federal award number consistent with the recipient reports required by ARRA Section 1512
(c).
In addition, the contractors agree to separately identify to each subcontractor and document
at the time of subcontract and at the time of disbursement of funds, the Federal award
number, any special CFDA number assigned for ARRA purposes, and amount of ARRA
funds.
The contractors may be required to provide detailed information regarding expenditures so
that the District may fulfill any reporting requirements under ARRA described in this section.
The information may be required as frequently as monthly or quarterly. The contractors
agree to fully cooperate in providing information or documents as requested by the District
pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
6.4 This AGREEMENT is contingent upon the ability of the DISTRICT to borrow funds as set forth
in section 1.17 above.
6.5 The DISTRICT agrees to indemnify and hold harmless SAN BERNARDINO, REDLANDS,
'YDA and HIGHLAND. their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of the DISTRICT. its officers, employees. agents or volunteers in connection with the
DISTRICT's performance of its obligations under this AGREEMENT.
6.6 SAN BERNARDINO agrees to indemnify and hold harmless the DISTRICT, REDLANDS,
IYDA and HIGHLAND, their officers. employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of SAN BERNARDINO, its officers, employees, agents or volunteers in connection
with SAN BERNARDINO's performance of its obligations under this AGREEMENT.
6.7 REDLANDS agrees to indemnify and hold harmless the DISTRICT. SAN BERNARDINO,
IYDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
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omiSSion of REDLANDS its officers, employees, agents or volunteers in connection with
REDLANDS' performance of its obligations under this AGREEMENT.
6.a IVDA agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS and HIGHLAND, their officers, employees, agents, and volunteers from any and
all liabilities for injury to persons and damage to property arising out of any negligent act or
omission of IVDA its officers, employees, agents or volunteers in connection with IVDA's
performance of its obligations under this AGREEMENT.
6.9 HIGHLAND agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS, and IVDA, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of HIGHLAND, its officers, employees, agents or volunteers in connection with
HIGHLAND's performance of its obligations under this AGREEMENT.
6.10 In the event the DISTRICT andlor SAN BERNARDINO andlor REDLANDS and/or IVDA
andlor HIGHLAND is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the AGREEMENT, the DISTRICT andlor
SAN BERNARDINO andlor REDLANDS andlor IVDA andlor HIGHLAND shall indemnify the
other PARTIES to the extent of its comparative fault.
6.11 The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND are self-insured pUblic
entities for purposes of Professional Liability, General Liability, and Workers' Compensation.
The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
Workers' Compensation to provide coverage for liabilities arising out of the PARTIES
performance of this AGREEMENT.
6.12 After opening of bids, estimate of cost will be revised based on actual bid prices
6.13 The PARTIES acknowledge that final PROJECT costs may ultimately exceed current
estimates of PROJECT costs and that final PROJECT cost reimbursements from FHWA and
State OES may vary from current estimates. Any additional net PROJECT costs resulting from
increased bid prices or change orders (but not from requested additional work by a PARTY
which is addressed in section 6.19 below) or from shortfalls in FHWAlState OES revenue shall
be borne equally by the PARTIES, as part of said PARTIES' respective obligations to pay for
PROJECT costs.
6.14 If after opening of bids for the PROJECT the submitted bids indicate a cost overrun of no more
than 15% of the current PROJECT cost estimate, DISTRICT may award the AGREEMENT.
and the cost of construction shall be borne equally by the PARTIES as part of said PARTIES'
respective obligations to pay for PROJECT costs.
6.15 If, upon opening of bids, it is found that the costs exceed 15% of the current PROJECT cost
estimate, PARTIES shall endeavor to agree upon an alternative course of action. If. after thirty
(30) days, an alternative course of action is not mutually agreed upon in writing, this
AGREEMENT shall be deemed to be terminated by mutual consent.
6.16 In the event that change orders are required during the course of the PROJECT, said change
orders must be in form and substance as set forth in attached Exhibit "B" of this AGREEMENT
and approved by the PARTIES. Contract Change Order forms will be delivered by fax and
must be returned within two working days.
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. 6.17 If a Contract Change Order arises from unforeseen site conditions (e.g. relocating a utility that
the PARTIES were not aware of) it will be paid by the responsible PARTIES, upon approval of
the Contract Change Order as set forth in section 6.16, in proportion to the location of said
work.
6.18 The DISTRICT shall notify all PARTIES of administrative overrun of quantities on the
construction bid sheet if it appears that the 10 percent construction contingency will be
exceeded.
6.19 If any PARTY requests additional work that is beyond the scope of the original PROJECT, said
work will be paid solely by the PARTY requesting the work at the construction contract unit
costs.
6.20 The PARTIES recognize that IVDA is merely a funding source and as such has no jurisdiction
over items that may be deemed to be unforeseen site conditions and as such, IVDA shall not
be responsible for the payment of any additional work/costs arising from unforeseen site
conditions.
6.21 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY;
provided, however, that no PARTY may cancel this AGREEMENT after the DISTRICT lets a
contract to construct the PROJECT. In the event of cancellation as provided in this paragraph,
the PROJECT costs required to be paid by the PARTIES prior to the effective date of
cancellation shall be paid equally by the PARTIES.
6.22 Except with respect to the PARTIES' operation, maintenance and indemnification obligations
contained herein, this AGREEMENT shall terminate upon completion of the PROJECT and
payment of final billing by the PARTIES for their shares of the PROJECT.
6.23 This AGREEMENT contains the entire agreement of the PARTIES with respect to subject
matter hereof, and supersedes all prior negotiations. understandings or agreements. This
AGREEMENT may only be modified in writing signed by all PARTIES.
6.24 This AGREEMENT shall be governed by the laws of the State of California. 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. Any dispute or action to enforce any obligation
under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the
County of San Bernardino. In the event of litigation arising from this AGREEMENT, each
PARTY to the AGREEMENT shall bear its own costs, including attorneys' fees regardless of
who is the prevailing PARTY. This provision concerning costs shall not apply to costs or
attorney's fees relative to Paragraphs 6.5 through 6.10.
6.25 Time is of the essence for each and every provision of this AGREEMENT.
6.26 Since the PARTIES or their agents have participated fully in the preparation of this
AGREEMENT. the language of this AGREEMENT shall be construed simply, according to its
fair meaning, and not strictly for any or against any PARTY. Any term referencing time, days
or period for performance shall be deemed work days. The captions of the various articles and
paragraphs are for convenience and ease or reference only, and do not define, limit, augment.
or describe the scope, content, or intent of this AGREEMENT.
6.27 No supplement, modification, or amendment of this AGREEMENT shall be binding unless
executed in writing and signed by all PARTIES.
Revised 1/1312009
Alabama Street at City Creek Road
Page 10 of 18
/I
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2010-56
6.28 PARTIES shall accept all payments 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.
6.29 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
6.30 This AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of all PARTIES.
Revised 1/13/2009
Page 11 of18
Alabama Street at City Creek Road
"''--,,_~..._._..._.~.._.,~_..^.~..O~'~...'-<_'.''''_~m_.__^...,..
2010-56
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the 'VDA and the
cities of SAN BERNARDINO, REDLANDS and HIGHLAND by their duly authorized officers and the
DISTRICT has caused the same to be duly executed in its name and on its behalf by its duly authorized
representatives. effective as of the date hereunder written.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
~
GARY C. OVITT, Board Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch, Secretary
By
Deputy
Approved as to Legal Form
Reviewed by Contract Compliance
Presented to Board for Signature
~
Counsel
~
~
Date
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 12 of 18
2010-56
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA,
the DISTRICT, and the cities of REDLANDS and HIGHLAND by their duly authorized officers
and the City of SAN BERNARDINO has caused the same to be duly executed in its name
and on its behalf by its duly authorized representatives, effective as of the date hereunder
written.
..
Name Charles E. McNeelv
(Print or type name of person signing contract)
Title Citv Manaaer
LJ I!ftf"l 9ftJitpe}
Dated: ~~
Address 300 N. "D" Street
San Bernardino. CA 92418
A 0
as to Form
Attest~~cle~
'LU 1 !.J.
City Cle
~
Date ~''3,~.\D
Date
J..f//:i lit)
Revised 1113/2009
Alabama Street at City Creek Road
Page 13 of 18
2010-56
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO and HIGHLAND by their duly authorized officers
and the City of REDLANDS has caused the same to be duly executed in its name and on its behalf
by its duly authorized representatives, effective as of the date hereunder written.
Citv of Redlands
(Print or type name of corporation, company, contractor, etc.)
~
(Authorized signature. sign in blue ink)
Name Jon Harrison
(Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated:
Address 35 Cajon Street
Redlands. CA 92373
Approved as to Legal Form
Attested by City Clerk
n
City Attorney
c
City Clerk
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 14 of 18
2010-56
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO, and REDLANDS by their duly authorized officers
and City of HIGHLAND has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives, effective as of the date hereunder written.
Citv of Hiahland
(Print or type name of corporation, company, contractor. etc.)
~
(Authorized signature - sign in blue ink)
Name Pennv Lilburn
(Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated:
Address 27215 Baseline
Hiahland. CA 92346
Approved as to Legal Form
Attested by City Clerk
c
City Attorney
o
City Clerk
Date
Date
Revised 1/1312009
Alabama Street at City Creek Road
Page 15 of 18
2010-56
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the cities of
SAN BERNARDINO, REDLANDS and HIGHLAND and the DISTRICT by their duly authorized
officers and the IVDA has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives, effective as of the date hereunder written.
Inland Vallev Develooment Aoencv
(Print or type name of corporation, company, contractor, ste.)
..
(Authorized signature - sign in blue ink)
Name Donald L. Roaers
(Print or type name of person signing contract)
Title Executive Director
(Print or Type)
Dated:
Address 294 So. Leland Norton Wav. Suite 1
San Bernardino. CA 92408
Approved as to Legal Fonn
o
Counsel
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 16 of 18
2010-56
EXHIBIT "A"
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO, CITY OF REDLANDS, CITY OF HIGHLAND,
INLAND VALLEY DEVELOPMENT AGENCY AND THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
FOR ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
TOTAL COST FHWAlStata DISTRICT SAN REDLANOS HIGHLAND
DESCRIPTION OF PROJECT OES SHARE BERNARDINO SHARE IVDA SHARE SHARE.
SHARE SHARE
Anticipated Grant/Local $3,159,542 $3,068,862 $18,136 $18,136 $18,136 $18,136 $18,136
Match Per Grant
Approval
97.13% 0.574% 0.574% 0.574% 0.574% 0.574%
Project Cost Not $940,458 $0 $188,092 $188,092 $188,092 $188,092 $188,092
Covered by Grant
0% 20% 20% 20% 20% 20%
GROSS PROJECT COST $4,100,000 $3,068,862 $206,228 $206,228 $206,228 $206,228 $206 228
PER PARTY
74.85% 5.03% 5.03% 5.03% 5.03% 5.03%
Project cost is an estimate and is subject to revision based on actual costs upon project completion. FHWA and State
OES grant amounts may be increased based upon future approval of additional grant funds. which will proportionately
reduce the PARTIES share of the PROJECT costs.
*The City of Highland's initial project funding is in the amount of $994,260. The DISTRICT will reimburse
HIGHLAND an amount above its final cost share for the amount of initial PROJECT funding upon receipt of
grant funds from FHWA and STATE OES.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 17 of 18
2010-56
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
SAN BERNARDINO FLOOD CONTROL DISTRICT CONTRACT #
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing
agreements with the San Bernardino County Flood Control District, City of San Bernardino. City of Redlands. Inland
Valley Development Agency and the City of Highland for the above project and the following shall apply:
DATE OF CITYIDISTRICT ACTION: _/---1_
o APPROVED for Implementation with 100% Participation
o APPROVED Subject to CommentslRevisions Accompanying this Document
o APPROVED With Limited Funding Participation by the City/District
0 % of Actual Cost to be Funded by the CitylDistrict
o The CitylDistrict Participation Not to Exceed $
o DISAPPROVED -Not AcceDtable to the Citv/District
Note: Approval under any of the above conditIons shall in no case be constructed as an agreement to Increase
the total financial particIpation beyond that prescribed In the existing SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, CITY OF SAN BERNARDINO, CITY OF HIGHLAND, INLAND VALLEY DEVELOPMENT
AGENCY, and CITY OF REDLANDS agreement without separate amendment to saId agreement. Net increases in
costs derivIng from this and prevIously approved Contract Change Orders shall not cause the total construction
costs to exceed the sum of the authorized contract total and contingency amounts.
Comments, as follows andlor attached, are conditions of the above action? DYES DNO
CITY/DISTRICT:
CITY/DISTRICT REPRESENTATIVE NAME AND TITLE:
CITY/DISTRICT REPRESENTATIVE SIGNATURE:
Distribution:
Signed Original Returned to San Bernardino County Flood Control District's Resident Engineer (FAX # 909-370-5154)
Revised 1113/2009
Page 18 of 18
Alabama Street at City Creek Road
,
San Bernardino County
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
l-h 7 " /4A-&
OFFICIAL USE ONL Y
~ New Vendor Code Dept. , n ~01;6m~
Change SC A
Cancel
Flood Control District Dept. Orgn. ' etlntractor's lioense No.
Flood Control District 097 097
Flood Control District Representative Telephone Total Contract Amount
Melissa Walker (9091387 - 8120 $1,612,944
Contract Type
; []I Revenue 0 Encumbered o Unencumbered 0 Other:
If not encumbered or revenue contract type. provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Amount
RFF 092 092 8842 , 78F2082 $1.612.944
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJIJOB No. Amount
.
Project Name Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Alabama Street at City 09110 $1,612,944
- -
Creek Road Improvements
- -
THIS AGREEMENT is entered into in the State of Caiifornia by and between the San Bernardino County Flood Control
District. hereinafter called the DISTRICT. and
City of San Bernardino
300 North D Street
San Bernardino. CA 92418
Telephone Federal 10 No_ or Social Security No.
909 384-5211
City of Redlands
Address
35 Cajon Street
Redlands, CA 92373
Telephone FederallD No. or Social Security No.
909798-7655
Name
Address
Name
hereinafter called
SAN BERNARDINO
hereinafter called
RED LANDS
Auditor/Controller-Recorder Use Onl
o Contract Database 0 F AS
Input Date Keyed By
Page 1 of 18
.' ~..,>.~.,~._.~,.~'_.,~~_ _, ._____..,__''.'" - .__ __,,_. -c. _ ',~,__",.', "'__~~_~
.
Name
Address
City of Highland
27215 Baseline
Highland, CA 92346
Telephone Federal 10 No. or Social Security No.
909-864-6861
hereinafter called
HIGHLAND
Name
Address
Inland Valley Development Agency
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone Federal 10 No. or Social Security No.
909-382-4100
hereinafter called
IVDA
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District (hereinafter referred to as DISTRICT). the
City of San Bernardino (hereinafter referred to as SAN BERNARDINO), the City of Redlands (hereinafter
referred to as REDLANDS), Inland Valley Developrnent Agency (hereinafter referred to as IVDA) and the
City of Highland (hereinafter referred to as HIGHLAND) are signatories to this AGREEMENT. and all shall
be collectively known as the PARTIES; and
WHEREAS. the PARTIES desire to cooperate and jointly participate with their equal cost shares in
environrnental rnitigation. construction and construction engineering for road improvements, including the
installation of drainage culverts and bank protection at the Alabama Street crossing at City Creek
(hereinafter referred to as PROJECT); and
WHEREAS, while the PROJECT is a road irnprovernent project. the DISTRICT recognizes there is a
benefit to the DISTRICT by improving an existing obstruction to the DISTRICT's City Creek facility; and
WHEREAS. the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS. PARTIES desire to cornrnence construction of the PROJECT in spring 2010; and
WHEREAS. construction plans, special provisions and cost estirnates for the PROJECT shall be approved
by the PARTIES prior to advertising for construction bids on the PROJECT; and
WHEREAS. total current projected cost for the PROJECT is approximately $4.100.000 (current PROJECT
cost estimate). while Federal Highways Administration (hereinafter referred to as FHWA) has approved
funding a portion of the project cost originally estimated at $3,159.542 (original PROJECT cost estirnate)
per the FHWA Damage Assessment Forrn to cover permanent restoration and reconstruction engineering;
and
WHEREAS. the DISTRICT has received approval for funding from FHWA (88.53% of approved PROJECT
costs) and the State Office of Emergency Services (hereinafter referred to as State OES) (8.6% of
approved PROJECT costs) for the PROJECT; and
Revised '" 3/2009
Alabama Street at City Creek Road
Page 2 of 18
WHEREAS. the DISTRICT has received approval frorn FHWA for the funding of the perrnanent restoration
work and will coordinate with FHWA and State OES for reimbursernent claims for the PROJECT; and
WHEREAS, an estirnated $3.068.862 of the PROJECT costs have been approved to be funded by the
grants from FHWA and State OES and the required local match for the grant is $90.680; and.
WHEREAS. approximately $940,458 of the PROJECT costs are currently not covered by the grants and
local match and will be shared equally arnong the PARTIES; and.
WHEREAS, on June 3. 2008 the County Board of Supervisors, pursuant to Streets and Highways Code
section 1686 approved a loan from the County of San Bernardino Transportation Department to the
DISTRICT in the amount of $3.000.000 to proceed with the PROJECT (Resolution No. 2008-101); and
WHEREAS. the DISTRICT will repay the loan upon reimbursements frorn FHWA and State OES; and
WHEREAS. the DISTRICT and HIGHLAND desire to provide initial funding for the PROJECT; and
WHEREAS. the DISTRICT will provide initial funding of $2,487,056 and HIGHLAND will provide initial
funding of $994.260 for the current estimated total PROJECT cost; and
WHEREAS, upon receipt of grant funds from FHWA and State OES the DISTRICT will reimburse
HIGHLAND an arnount above its final cost share funded initially by HIGHLAND; and
WHEREAS. the DISTRICT. SAN BERNARDINO, REDLANDS. IVDA and HIGHLAND desire to equally
fund the final local match for the grant and any of the PROJECT costs not covered by the grant funds; and
WHEREAS. the total estimated shares of the PROJECT cost after grant funding are: DISTRICT 5.03%
($206,228). SAN BERNARDINO 5.03% ($206.228). IVDA 5.03% ($206,228), REDLANDS 5.03%
($206.228). and HIGHLAND 5.03% ($206.228). as shown in Exhibit "A". attached hereto and incorporated
herein by reference; and
WHEREAS. the PARTIES desire to pay the DISTRICT their equal share of the PROJECT cost; and
WHEREAS. the DISTRICT shall retain the grant funds for the PROJECT as reimbursement of costs
incurred. but not billed to PARTIES; and
WHEREAS, the PARTIES recognize that PROJECT costs and grant funds are estimated and subject to
change and that it is the intent of the PARTIES that the PARTIES shall pay for their share of final project
costs. net of grant funding. pursuant to the cost sharing percentages indicated in Exhibit "A" with any
additional grant funds obtained for the PROJECT prorated and subtracted from each PARTY's share of the
PROJECT costs; and
WHEREAS. the PARTIES desire to set forth responsibilities and obligations of each as they pertain to such
participation and to the completion of the proposed PROJECT.
NOW. THEREFORE. IT IS MUTUALLY AGREED as follows:
1.0 DISTRICT AGREES TO
1.1 Act as the Lead Agency to oversee and administer the environmental mitigation. construction
and construction engineering of the PROJECT.
1.2 Pay its equal share of the PROJECT costs ($206,228) as set forth in Exhibit "A". including any
proportionate cost increases pursuant to section 6.13 below.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 3 of 18
1.3 Construct the PROJECT pursuant to the terms of this AGREEMENT in accordance with the
plans and specifications of the DISTRICT. DISTRICT shall forward the plans and specifications
to SAN BERNARDINO. REDLANDS. IVDA and HIGHLAND.
1.4 Arrange for relocation of any utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain no-cost permits frorn SAN BERNARDINO. REDLANDS and HIGHLAND for work within
the respective right-of-way of each.
1.6 Proceed with construction advertisement upon obligation of FHWA and State OES grant funds.
1.7 Advertise. award. adrninister. and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.8 Require its contractors to rnaintain adequate Workers' Cornpensation. General Liability. Auto
Liability and other insurance pursuant to DISTRICT standard practice.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s)
with the DISTRICT's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO. REDLANDS.
IVDA and HIGHLAND. The DISTRICT shall provide copies of any records of inspection and
rnaterials testing to SAN BERNARDINO. REDLANDS. IVDA and HIGHLAND within ten (10)
days after the DISTRICT's receipt of written demand frorn SAN BERNARDINO. REDLANDS,
IVDA andlor HIGHLAND for such records.
1.10 All PROJECT costs. including the cost of PROJECT construction. construction engineering, and
overhead costs. shall be paid for by the PARTIES on a net basis. calculated by subtracting the
anticipated grant reimbursement (currently estimated at 97.13% of the current PROJECT cost
estimate or 74.85% of the original PROJECT cost estimate) frorn the gross costs incurred.
1.11 The DISTRICT shall subrnit requests for funding and final costs to FHWA and State OES and
shall retain all grant funds as reirnbursernent for costs incurred but not billed to PARTIES.
1.12 After acceptance of the construction work by the PARTIES, the DISTRICT shall be responsible
for the rnaintenance of the cornpleted flood control related irnprovernent within the DISTRICT's
right-of-way.
1.13 Submit to SAN BERNARDINO. REDLANDS. IVDA and HIGHLAND a final itemized accounting
of actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO. REDLANDS. IVDA and HIGHLAND and a statement for the outstanding
share of the PROJECT costs owed by SAN BERNARDINO. REDLANDS. IVDA and
HIGHLAND.
1.14 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
1.15 Provide initial funding of $2,487.056 for the current estimated PROJECT cost which covers
permanent restoration and construction engineering.
1.16 Upon receipt of grant funds frorn FHWA and State OES. reimburse HIGHLAND the difference
between its final cost share and the amount HIGHLAND initially funded at PROJECT approval.
Revised 1 f13/2009
Alabama Street at City Creek Road
Page 4 of 18
and reimburse DISTRICT the difference between its final cost share and the amount DISTRICT
initially funded at PROJECT approval.
1.17 The DISTRICT can borrow. as needed. up to $3.000,000 in funding from the County of San
Bernardino Transportation Department.
2.0 SAN BERNARDINO AGREES TO:
2.1 Pay to the DISTRICT. after bid opening and prior to award of contract to successful bidder, the
amount of $206.228, its equal share of the anticipated net local rnatch and the anticipated
PROJECT costs not covered by the grant funds. as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below. within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO. REDLANDS, IVDA. and HIGHLAND. together with adequate documentation of
said expenditures.
2.2 Provide a no-cost permit to the DISTRICT for its work in SAN BERNARDINO's right-of-way.
2.3 Assist in coordinating relocation of any unknown or unforeseen utilities. which interfere with
construction of the PROJECT within the SAN BERNARDINO's area of the PROJECT site.
2.4 After the acceptance of the construction by the PARTIES, SAN BERNARDINO shall be
responsible for the maintenance of the completed improvernent within SAN .BERNARDINO's
right-of-way.
2.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
3.0 REDLANDS AGREES TO:
3.1 Pay to the DISTRICT. after bid opening and prior to award of contract to successful bidder, the
amount of $206,228. its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds. as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below. within thirty (30) days after receipt
of a final itemized staternent as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO. REDLANDS, IVDA. and HIGHLAND. together with adequate docurnentation of
said expenditures.
3.2 Provide a no-cost permit to the DISTRICT for its work in REDLANDS' right-of-way.
3.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the REDLANDS' area of the PROJECT site.
3.4 After acceptance of the construction by the PARTIES, REDLANDS shall be responsible for the
rnaintenance of the completed irnprovernent within REDLANDS' right-of-way. .
3.5 Pay its equal share of the PROJECT costs if the grant funding is reduced. relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 5 of 18
4.0 IVDA AGREES TO:
4.1 Pay to the DISTRICT. after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds. as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below. within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO. REDLANDS, IVDA. and HIGHLAND. together with adequate docurnentation of
said expenditures.
4.2 Pursuant to the terms and conditions of a separate Right-of Entry Agreement by and between
the San Bernardino International Airport Authority (SBIM), IVDA and DISTRICT. IVDA will
provide a perrnit to the DISTRICT for its work on SBIM property.
4.3 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the arnount of 20% of the cost of the PROJECT.
5.0 HIGHLAND AGREES TO:
5.1 Pay to the DISTRICT. after bid opening and prior to award of contract to successful bidder, the
arnount of $206.228. its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO. REDLANDS, IVDA. and HIGHLAND, together with adequate
documentation of said expenditures.
5.2 Provide a no-cost permit to the DISTRICT for its work in HIGHLAND's right-of-way.
5.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the HIGHLAND's area of the PROJECT site.
5.4 After acceptance of the construction by the PARTIES, HIGHLAND shall be responsible for the
rnaintenance of the cornpleted improvement within HIGHLAND's right-of-way.
5.5 Pay its equal share of the PROJECT costs if the grant funding is relinquished. deobligated or
otherwise not funded in an amount not to exceed 20% of the estimated cost of the PROJECT.
5.6 Pay to DISTRICT. after bid opening and prior to award of contract to successful bidder. funding
in the amount of $788.032. The arnount described in this paragraph is in addition to the amount
described in section 5.1. Upon DISTRICT's receipt of grant funds frorn FHWA and State OES.
DISTRICT shall reimburse HIGHLAND the difference between its final cost share and the
amount HIGHLAND initially funded at PROJECT approval.
6.0 IT IS FURTHER UNDERSTOOD AND AGREED:
6.1 This AGREEMENT shall become effective upon approval by the PARTIES. The Effective Date
of this AGREEMENT shall be the first date on which all of the following has occurred: (1) the
PARTIES Councils and Boards have approved the AGREEMENT; (2) the authorized
Revised 1/1312009
Alabama Street at City Creek Road
Page 6 of 18
representative of each has signed the AGREEMENT; and (3) a fully executed copy of the
AGREEMENT has been subrnitted to all PARTIES.
6.2 All of the DISTRICT's 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 payrnents 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 incorne 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
valorern 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 rnoney 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 43-7 or Section 43-
26.9 of the San Bernardino County Flood Control Act (Cal. . Water Code App. Sect. 43-1 et
seq.). and (c) grants, advances or contributions in aid of construction. except to the extent such
grants are unrestricted and available for any expenditure of the DISTRICT.
6.3 American Recovery and Reinvestment Act Funding (ARRA)
Use of ARRA Funds and Requirements. This Agreernent rnay be funded in whole or in part
with funds provided by the Arnerican Recovery and Reinvestment Act of 2009 ("ARRA"),
signed into law on February 17. 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction. alternation. rnaintenance or repair of a public building
or public work (both as defined in 2 CPR 176.140) unless all of the iron. steel and
manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the
United States. A waiver is available under three circurnstances: (i) Iron, steel or relevant
manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron. steel or manufactured goods
produced in the United States will increase the cost of the overall project by more than 25
percent; or (iii) Applying the dornestic preference would be inconsistent with the public
interest. This is referred to as the "Buy American" requirement. Request for waiver must be
made to the District for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through
the Federal Governrnent pursuant to ARRA shall be paid wages at rates not less than those
prevailing on projects of a character sirnilar in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the
"wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and
wage requirements. The contractors must contact the District contact if they have any
questions regarding the applicability or implementation of the ARRA Buy American and wage
rate requirernents. The contractors will also be required to provide detailed information
regarding compliance with the Buy American requirements they have under ARRA. The
information may be required as frequently as monthly or quarterly. The contractors agree to
Revised 111312009
Alabama Street at City Creek Road
Page 7 of 18
fully cooperate in providing information or documents as requested by the District pursuant to
this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and terrnination of this Contract.
The contractors may also be required to register in the Central Contractor Registration (CCR)
database at http://www.ccr.qov and may be required to have their subcontractors also
register in the sarne database. The contractors must contact the District with any questions
regarding registration requirements.
Schedule of Expenditure of Federal Awards. In addition to the requirements described in
"Use of ARRA Funds and Requirements." proper accounting and reporting of ARRA
expenditures in single audits is required. The contractors agree to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
Management and Budget Circular A-133. "Audits of States. Local Governments, and
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the
Federai award number. the Catalog of Federal Domestic Assistance (CFDA) nurnber. and
amount such that separate accountability and disclosure is provided for ARRA funds by
Federal award number consistent with the recipient reports required by ARRA Section 1512
(c).
In addition, the contractors agree to separately identify to each subcontractor and document
at the tirne of subcontract and at the tirne of disbursernent of funds, the Federal award
number. any special CFDA number assigned for ARRA purposes. and amount of ARRA
funds.
The contractors may be required to provide detailed information regarding expenditures so
that the District may fulfill any reporting requirernents under ARRA described in this section.
The information may be required as frequently as monthly or quarterly. The contractors
agree to fully cooperate in providing information or documents as requested by the District
pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
6.4 This AGREEMENT is contingent upon the ability of the DISTRICT to borrow funds as set forth
in section 1.17 above.
6.5 The DISTRICT agrees to indernnify and hold harmless SAN BERNARDINO, REDLANDS.
IVDA and HIGHLAND. their officers. ernployees, agents, and volunteers frorn any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of the DISTRICT. its officers. employees. agents or volunteers in connection with the
DISTRICT's perforrnance of its obligations under this AGREEMENT.
6.6 SAN BERNARDINO agrees to indemnify and hold harmless the DISTRICT, REDLANDS.
IVDA and HIGHLAND. their officers, ernployees. agents. and volunteers frorn any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of SAN BERNARDINO, its officers. ernployees. agents or volunteers in connection
with SAN BERNARDINO's performance of its obligations under this AGREEMENT.
6.7 REDLANDS agrees to indemnify and hold harmless the DISTRICT. SAN BERNARDINO,
IVDA and HIGHLAND. their officers. ernployees, agents. and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of REDLANDS its officers. employees. agents or volunteers in connection with
REDLANDS' perforrnance of its obligations under this AGREEMENT.
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Alabama Street at City Creek Road
Page 8 of 18
'6.8 IVDA agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS and HIGHLAND. their officers. ernployees. agents. and volunteers from any and
all liabilities for injury to persons and damage to property arising out of any negligent act or
omission of IVDA its officers. employees. agents or volunteers in connection with IVDA's
perforrnance of its obligations under this AGREEMENT.
6.9 HIGHLAND agrees to indemnify and hold harmless the DISTRICT. SAN BERNARDINO.
REDLANDS. and IVDA, their officers. ernployees, agents. and volunteers from any and all
liabilities for injury to persons and damage to properly arising out of any negligent act or
omission of HIGHLAND, its officers. employees. agents or volunteers in connection with
HIGHLAND's perforrnance of its obligations under this AGREEMENT.
6.10 In the event the DISTRICT andlor SAN BERNARDINO andlor REDLANDS and/or IVDA
andlor HIGHLAND is found to be comparatively at fault for any claim. action. loss or damage
which results from their respective obligations under the AGREEMENT. the DISTRICT andlor
SAN BERNARDINO andlor REDLANDS and/or IVDA andlor HIGHLAND shall indemnify the
other PARTIES to the extent of its comparative fault.
6.11 The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND are self-insured public
entities for purposes of Professional Liability. General Liability. and Workers' Compensation.
The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND warrant that through their
prograrns 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.
6.12 After opening of bids. estirnate of cost will be revised based on actual bid prices
6.13 The PARTIES acknowiedge that final PROJECT costs rnay ultimately exceed current
estimates of PROJECT costs and that final PROJECT cost reirnbursements from FHWA and
State OES rnay vary from current estirnates. Any additional net PROJECT costs resuiting from
increased bid prices or change orders (but not from requested additional work by a PARTY
which is addressed in section 6.19 below) or from shortfalls in FHWAlState OES revenue shall
be borne equally by the PARTIES, as part of said PARTIES' respective obligations to pay for
PROJECT costs.
6.14 If after opening of bids for the PROJECT the submitted bids indicate a cost overrun of no more
than 15% of the current PROJECT cost estimate. DISTRICT may award the AGREEMENT.
and the cost of construction shall be borne equally by the PARTIES as part of said PARTIES'
respective obligations to pay for PROJECT costs.
6.15 If. upon opening of bids, it is found that the costs exceed 15% of the current PROJECT cost
estirnate, PARTIES shall endeavor to agree upon an alternative course of action. If, after thirty
(30) days. an alternative course of action is not mutually agreed upon in writing, this
AGREEMENT shall be deemed to be terminated by mutual consent.
6.16 In the event that change orders are required during the course of the PROJECT, said change
orders must be in form and substance as set forth in attached Exhibit "6" of this AGREEMENT
and approved by the PARTIES. Contract Change Order forrns will be delivered by fax and
must be returned within two working days.
6.17 If a Contract Change Order arises from unforeseen site conditions (e.g. relocating a utility that
the PARTIES were not aware of) it will be paid by the responsible PARTIES. upon approval of
the Contract Change Order as set forth in section 6.16. in proportion to the location of said
work.
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Alabama Street at City Creek Road
Page 9 of 18
6.18 The DISTRICT shall notify all PARTIES of adrninistrative overrun of quantities on the
construction bid sheet if it appears that the 10 percent construction contingency will be
exceeded.
6.19 If any PARTY requests additional work that is beyond the scope of the original PROJECT, said
work will be paid solely by the PARTY requesting the work at the construction contract unit
costs.
6.20 The PARTIES recognize that IVDA is rnerely a funding source and as such has no jurisdiction
over iterns that may be deerned to be unforeseen site conditions and as such, IVOA shall not
be responsible for the payrnent of any add itional work/costs arising frorn unforeseen site
conditions.
6.21 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY;
provided. however. that no PARTY may cancel this AGREEMENT after the DISTRICT lets a
contract to construct the PROJECT. In the event of cancellation as provided in this paragraph,
the PROJECT costs required to be paid by the PARTIES prior to the effective date of
cancellation shall be paid equally by the PARTIES.
6.22 Except with respect to the PARTIES' operation. maintenance and indemnification obligations
contained herein. this AGREEMENT shall terrninate upon completion of the PROJECT and
payment of final billing by the PARTIES for their shares of the PROJECT.
6.23 This AGREEMENT contains the entire agreement of the PARTIES with respect to subject
matter hereof. and supersedes all prior negotiations. understandings or agreements. This
AGREEMENT may only be modified in writing signed by all PARTIES.
6.24 This AGREEMENT shall be governed by the laws of the State of California. If a court of
cornpetent 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. Any dispute or action to enforce any obligation
under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the
County of San Bernardino. In the event of litigation arising from this AGREEMENT, each
PARTY to the AGREEMENT shall bear its own costs. including attorneys' fees regardless of
who is the prevailing PARTY. This provision concerning costs shall not apply to costs or
attorney's fees relative to Paragraphs 6.5 through 6.10.
6.25 Time is of the essence for each and every provision of this AGREEMENT.
6.26 Since the PARTIES or their agents have participated fully in the preparation of this
AGREEMENT. the language of this AGREEMENT shall be construed sirnply, 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 deerned work days. The captions of the various articles and
paragraphs are for convenience and ease or reference only. and do not define. limit, augment.
or describe the scope. content. or intent of this AGREEMENT.
6.27 No supplement, rnodification. or amendment of this AGREEMENT shall be binding unless
executed in writing and signed by all PARTIES.
6.28 PARTIES shall accept all payrnents via electronic funds transfer (EFT) directly deposited into
the PARTIES designated checking or other bank account. PARTIES shall prornptly comply
with directions and accurately cornplete forms provided by DISTRICT required to process EFT
payments.
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Alabama Street at City Creek Road
Page 10 of 18
/I
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/I
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/I
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6.29 This AGREEMENT may be signed in counterparts. each of which shall constitute an original.
6.30 This AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of all PARTIES.
Alabama Street at City Creek Road
Page 11 of18
Revised 1/13/2009
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the IVDA and the
cities of SAN BERNARDINO, REDLANDS and HIGHLAND by their duly authorized officers and the
DISTRICT has caused the same to be duly executed in its name and on its behalf by its duly authorized
representatives. effective as of the date hereunder written.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
~
GARY C. OVITT. Board Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch, Secretary
By
Deputy
Approved as to Legal Form
Reviewed by Contract Compliance
Presented to Board for Signature
~
Counsel
~
~
Date
Date
Date
Reyised 1113/2009
Alabama Street at City Creek Road
Page 12 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA,
the DISTRICT. and the cities of REDLANDS and HIGHLAND by their duly authorized officers
and the City of SAN BERNARDINO has caused the sarne to be duly executed in its narne
and on its behalf by its duly authorized representatives. effective as of the date hereunder
written.
Citv of San Bernardino
(Print or type name of corporation, company, contractor, etc.)
~
(Authorized signature - sign in blue ink)
Narne Charles e. McNeelv
(Print or type name of person signing contract)
Title City Manaqer
(Print or Type)
Dated:
Address 300 N. "0" Street
San Bernardino. CA 92418
Approved as to Legal Form
Attested by City Clerk
~
City Attorney
~
City Clerk
Date
Date
Revised 1/1312009
Alabama Street at City Creek Road
Page 13 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO and HIGHLAND by their duly authorized officers
and the City of REDLANDS has caused the same to be duiy executed in its name and on its behalf
by its duly authorized representatives. effective as of the date hereunder written.
City of Redlands
(Print or type name of corporation, company, contractor, etc.)
~
(Authorized signature - sign in blue ink)
Name Jon Harrison
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:
Address 35 Caion Street
Redlands. CA 92373
Approved as to Legal Form
Attested by City Clerk
.
City Attorney
.
City Clerk
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 14 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO, and REDLANDS by their duly authorized officers
and City of HIGHLAND has caused the sarne to be duly executed in its name and on its behalf by
its duly authorized representatives. effective as of the date hereunder written.
~
~/
Name
(AuthOrizt) . nature. - sign in blue ink)
nnV Lilburn
(Print or type name of person signing contract)
Title
Mavor
/JpriAt or ~P'll
UJ [J I,;) t/O '}
/ / .
Address 27215 Baseline
Dated:
Hiqhland. CA 92346
Date
Approved as to Legal Form
.
City Attorney
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 15 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the cities of
SAN BERNARDINO, REDLANDS and HIGHLAND and the DISTRICT by their duly authorized
officers and the IVDA has caused the sarne to be duly executed in its narne and on its behalf by
its duly authorized representatives. effective as of the date hereunder written.
Inland Vallev Development Aqencv
(Print or type name of corporation, company, contractor, etc.)
..
(Authorized signature - sign in blue ink)
Name Donald L. Rooers
(Print or type name of person signing contract)
Title Interim Executive Director
(Prmt or Type)
Dated:
Address 294 So. Leland Norton Wav. Suite 1
San Bernardino, CA 92408
Approved as to Legal FOnTl
~
Counsel
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 16 of 18
EXHIBIT "A"
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO, CITY OF REDLANDS, CITY OF HIGHLAND,
INLAND VALLEY DEVELOPMENT AGENCY AND THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
FOR ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
TOTAL COST FHWAlState DISTRICT SAN REDLANDS HIGHLAND
OESCRIPTION OF PROJECT OES SHARE BERNARDINO SHARE (VOA SHARE SHARE *
SHARE SHARE
Anticipated Grant/Local $3.159,542 $3.068,862 $18.136 $18,136 $18,136 $18.136
Match Per Grant $18,136
Approval
97.13% 0.574% 0.574% 0.574% 0.574% 0.574%
Project Cost Not $940.458 $0 $188,092 $188.092 $188,092 $188,092 $188,092
Covered by Grant
0% 20% 20% 20% 20% 20%
GROSS PROJECT COST $4.100.000 $3,068,862 $206,228 $206,228 $206,228 $206.228 $206,228
PER PARTY
74.85% 5.03% 5.03% 5.03% 5.03% 5.03%
Project cost is an estimate and is subject to revision based on actual costs upon project completion. FHWA and State
OES grant amounts may be increased based upon future approval of additional grant funds. which will proportionately
reduce the PARTIES share of the PROJECT costs.
* .
The City of Highland's initial project funding is in the amount of $994,260. The DISTRICT will reimburse
HIGHLAND an arnount above its final cost share for the arnount of initial PROJECT funding upon receipt of
grant funds from FHWA and STATE OES.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 17 of 18
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
SAN BERNARDINO FLOOD CONTROL DISTRICT CONTRACT #
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing
agreements with the San Bernardino County Flood Control District, City of San Bernardino, City of Redlands. Inland
Valley Development Agency and the City of Highland for the above project and the following shall apply:
DATE OF CITY/DISTRICT ACTION: ~~-
D APPROVED for Implementation with 100% Participation
D APPROVED Subject to Comments/Revisions Accompanying this Document
D APPROVED With Limited Funding Participation by the City/District
D % of Actual Cost to be Funded by the City/District
D The CitylDistrict Participation Not to Exceed $
D DISAPPROVED -Not Acceptable to the Citv/District
Note: Approval under any of the above conditions shall in no case be constructed as an agreement to increase
the total financial participation beyond that prescribed in the existing SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, CITY OF SAN BERNARDINO, CITY OF HIGHLAND, INLAND VALLEY DEVELOPMENT
AGENCY, and CITY OF REDLANDS agreement without separate amendment to said agreement. Net increases in
costs deriving from this and previously approved Contract Change Orders shall not cause the total construction
costs to exceed the sum of the authorized contract total and contingency amounts.
Comments. as follows and/or attached. are conditions of the above action? DYES DNO
CITY/DISTRICT:
CITYIDISTRICT REPRESENTATIVE NAME AND TITLE:
CITYIDISTRICT REPRESENT A TIVE SIGNATURE:
Distribution:
Signed Original Retumed to San Bernardino County Flood Control District's Resident Engineer (FAX # 909-370-5154)
Revised 1/13/2009
Alabama Street at City Creek Road
Page 18 of 18
C2u/. L"""...I
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~- '_\
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."'Ilf' "i'...... j _;
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IX New Vendor Code Depl. Contract Number
Change SC A I 0 . b5 Z-..-
Canoel
Flood Control District Depl. Orgn. Contractor's License No.
Flood Control District 097 097
Flood Control District Representative Telephone Total Contract Amount
Melissa Walker 19091387 - 8120 $1,612,944
Contract Type
IJl Revenue 0 Encumbered o Unencumbered 0 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 Souroe GRC/PROJIJOB No. Amount
RFF 092 092 8842 , 78F2082 $1.612.944
Fund Depl. Organization Appr. Obj/Rev Souroe GRC/PROJIJOB No. Amount
. ,
Project Name Estimated Payment Total by Fiscal Year
FY Amount 110 FV Amount 110
Alabama Street at City 09110 $1,612,944
- -
Creek Road Improvements
- -
OFFICIAL USE ONLY
San Bernardino County
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
THIS AGREEMENT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the DISTRICT. and
Name
Address
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Telephone FederallD No. or Social Security No.
909 384-5211
hereinafter called
SAN BERNARDINO
Name
Address
City of Redlands
35 Cajon Street
Redlands, CA 92373
Telephone Federal ID No. or Social Security No.
909 798-7655
hereinafter called
REDLANDS
Auditor/Controller-Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
\.
Page 1 of. ~
, ;'
",-,./
Name
City of Highland
Address
27215 Baseline
Highland, CA 92346
Telephone FederallD No. or Social Security No.
909-864-6861
hereinafter called
HIGHLAND
Name
Address
Inland Valley Development Agency
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone FederallD No. or Social Security No.
909-382-4100
hereinafter called
IVDA
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District (hereinafter referred to as DISTRICT), the
City of San Bernardino (hereinafter referred to as SAN BERNARDINO), the City of Redlands (hereinafter
referred to as REDLANDS), Inland Valley Development Agency (hereinafter referred to as IVDA) and the
City of Highland (hereinafter referred to as HIGHLAND) are signatories to this AGREEMENT, and all shall
be collectively known as the PARTIES; and
WHEREAS, the PARTIES desire to cooperate and jointly participate with their equal cost shares in
environmental mitigation, construction and construction engineering for road improvements, including the
installation of drainage culverts and bank protection at the Alabama Street crossing at City Creek
(hereinafter referred to as PROJECT); and
WHEREAS, while the PROJECT is a road improvement project, the DISTRICT recognizes there is a
benefit to the DISTRICT by improving an existing obstruction to the DISTRICT's City Creek facility; and
WHEREAS. the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS, PARTIES desire to commence construction of the PROJECT in spring 2010; and
WHEREAS, construction plans, special provisions and cost estimates for the PROJECT shall be approved
by the PARTIES prior to advertising for construction bids on the PROJECT; and
WHEREAS, total current projected cost for the PROJECT is approximately $4,100,000 (current PROJECT
cost estimate), while Federal Highways Administration (hereinafter referred to as FHWA) has approved
funding a portion of the project cost originally estimated at $3,159,542 (original PROJECT cost estimate)
per the FHWA Damage Assessment Form to cover permanent restoration and reconstruction engineering;
and .
WHEREAS, the DISTRICT has received approval for funding from FHWA (88.53% of approved PROJECT
costs) and the State Office of Emergency Services (hereinafter referred to as State OES) (8.6% of
approved PROJECT costs) for the PROJECT; and
Revised 1/13/2009
Alabama Street at City Creek Road
Page 2 of 18
WHEREAS, the DISTRICT has received approval from FHWA for the funding of the permanent restoration
work and will coordinate with FHWA and State OES for reimbursement claims for the PROJECT; and
WHEREAS, an estimated $3,068,862 of the PROJECT costs have been approved to be funded by the
grants from FHWA and State OES and the required local match for the grant is $90,680; and,
WHEREAS, approximately $940,458 of the PROJECT costs are currently not covered by the grants and
local match and will be shared equally among the PARTIES; and,
WHEREAS, on June 3, 2008 the County Board of Supervisors, pursuant to Streets and Highways Code
section 1686 approved a loan from the County of San Bernardino Transportation Department to the
DISTRICT in the amount of $3,000,000 to proceed with the PROJECT (Resolution No. 2008-101); and
WHEREAS, the DISTRICT will repay the loan upon reimbursements from FHWA and State OES; and
WHEREAS, the DISTRICT and HIGHLAND desire to provide initial funding for the PROJECT; and
WHEREAS, the DISTRICT will provide initial funding of $2,487,056 and HIGHLAND will provide initial
funding of $994,260 for the current estimated total PROJECT cost; and
WHEREAS, upon receipt of grant funds from FHWA and State OES the DISTRICT will reimburse
HIGHLAND an amount above its final cost share funded initially by HIGHLAND; and
WHEREAS, the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to equally
fund the final local match for the grant and any of the PROJECT costs not covered by the grant funds; and
WHEREAS. the total estimated shares of the PROJECT cost after grant funding are: DISTRICT 5.03%
($206,228), SAN BERNARDINO 5.03% ($206,228), IVDA 5.03% ($206,228), REDLANDS 5.03%
($206,228), and HIGHLAND 5.03% ($206,228), as shown in Exhibit "A", attached hereto and incorporated
herein by reference; and
WHEREAS, the PARTIES desire to pay the DISTRICT their equal share of the PROJECT cost; and
WHEREAS, the DISTRICT shall retain the grant funds for the PROJECT as reimbursement of costs
incurred, but not billed to PARTIES; and
WHEREAS, the PARTIES recognize that PROJECT costs and grant funds are estimated and subject to
change and that it is the intent of the PARTIES that the PARTIES shall pay for their share of final project
costs. net of grant funding, pursuant to the cost sharing percentages indicated in Exhibit "A" with any
additional grant funds obtained for the PROJECT prorated and subtracted from each PARTY's share of the
PROJECT costs; and
WHEREAS, the PARTIES desire to set forth responsibilities and obligations of each as they pertain to such
participation and to the completion of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 DISTRICT AGREES TO
1.1 Act as the Lead Agency to oversee and administer the environmental mitigation, construction
and construction engineering of the PROJECT.
1.2 Pay its equal share of the PROJECT costs ($206,228) as set forth in Exhibit "A", including any
proportionate cost increases pursuant to section 6.13 below.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 3 of 18
1.3 Construct the PROJECT pursuant to the terms of this AGREEMENT in accordance with the
plans and specifications of the DISTRICT. DISTRICT shall forward the plans and specifications
to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND.
1.4 Arrange for relocation of any utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain no-cost permits from SAN BERNARDINO, REDLANDS and HIGHLAND for work within
the respective right-of-way of each.
1.6 Proceed with construction advertisement upon obligation of FHWA and State OES grant funds.
1.7 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.8 Require its contractors to maintain adequate Workers' Compensation, General Liability, Auto
Liability and other insurance pursuant to DISTRICT standard practice.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s)
with the DISTRICT's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND. The DISTRICT shall provide copies of any records of inspection and
materials testing to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND within ten (10)
days after the DISTRICT's receipt of written demand from SAN BERNARDINO, REDLANDS,
IVDA andlor HIGHLAND for such records.
1.10 All PROJECT costs, including the cost of PROJECT construction, construction engineering, and
overhead costs, shall be paid for by the PARTIES on a net basis, calculated by subtracting the
anticipated grant reimbursement (currently estimated at 97.13% of the current PROJECT cost
estimate or 74.85% of the original PROJECT cost estimate) from the gross costs incurred.
1.11 The DISTRICT shall submit requests for funding and final costs to FHWA and State OES and
shall retain all grant funds as reimbursement for costs incurred but not billed to PARTIES.
1.12 After acceptance of the construction work by the PARTIES, the DISTRICT shall be responsible
for the maintenance of the completed flood control related improvement within the DISTRICT's
right-of-way.
1.13 Submit to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND a final itemized accounting
of actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND and a statement for the outstanding
share of the PROJECT costs owed by SAN BERNARDINO, REDLANDS, IVDA and
HIGHLAND.
1.14 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
1.15 Provide initial funding of $2,487,056 for the current estimated PROJECT cost which covers
permanent restoration and construction engineering.
1.16 Upon receipt of grant funds from FHWA and State OES, reimburse HIGHLAND the difference
between its final cost share and the amount HIGHLAND initially funded at PROJECT approval,
and reimburse DISTRICT the difference between its final cost share and the amount DISTRICT
initially funded at PROJECT approval.
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Alabama Street at City Creek Road
Page 4 of 18
1.17 The DISTRICT can borrow, as needed, up to $3,000,000 in funding from the County of San
Bernardino Transportation Department.
2.0 SAN BERNARDINO AGREES TO:
2.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
2.2 Provide a no-cost permit to the DISTRICT for its work in SAN BERNARDINO's right-of-way.
2.3 Assist in coordinating relocation of any unknown or unforeseen utilities, which interfere with
construction of the PROJECT within the SAN BERNARDINO's area of the PROJECT site.
2.4 After the acceptance of the construction by the PARTIES, SAN BERNARDINO shall be
responsible for the maintenance of the completed improvement within SAN BERNARDINO's
rig ht -of-way.
2.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
3.0 REDLANDS AGREES TO:
3.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO. REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
3.2 Provide a no-cost permit to the DISTRICT for its work in REDLANDS' right-of-way.
3.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the REDLANDS' area of the PROJECT site.
3.4 After acceptance of the construction by the PARTIES, REDLANDS shall be responsible for the
maintenance of the completed improvement within REDLANDS' right-of-way.
3.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
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Alabama Street at City Creek Road
Page 5 of 18
4.0 IVDA AGREES TO:
4.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
4.2 Pursuant to the terms and conditions of a separate Right-of Entry Agreement by and between
the San Bernardino International Airport Authority (SBIAA), IVDA and DISTRICT, IVDA will
provide a permit to the DISTRICT for its work on SBIAA property.
4.3 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
5.0 HIGHLAND AGREES TO:
5.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate
documentation of said expenditures.
5.2 Provide a no-cost permit to the DISTRICT for its work in HIGHLAND's right-of-way.
5.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the HIGHLAND's area of the PROJECT site.
5.4 After acceptance of the construction by the PARTIES, HIGHLAND shall be responsible for the
maintenance of the completed improvement within HIGHLAND's right-of-way.
5.5 Pay its equal share of the PROJECT costs if the grant funding is relinquished, deobligated or
otherwise not funded in an amount not to exceed 20% of the estimated cost of the PROJECT.
5.6 Pay to DISTRICT, after bid opening and prior to award of contract to successful bidder, funding
in the amount of $788,032. The amount described in this paragraph is in addition to the amount
described in section 5.1. Upon DISTRICT's receipt of grant funds from FHWA and State OES,
DISTRICT shall reimburse HIGHLAND the difference between its final cost share and the
amount HIGHLAND initially funded at PROJECT approval.
6.0 IT IS FURTHER UNDERSTOOD AND AGREED:
6.1 This AGREEMENT shall become effective upon approval by the PARTIES. The Effective Date
of this AGREEMENT shall be the first date on which all of the following has occurred: (1) the
PARTIES Councils and Boards have approved the AGREEMENT; (2) the authorized
representative of each has signed the AGREEMENT; and (3) a fully executed copy of the
AGREEMENT has been submitted to all PARTIES.
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Alabama Street at City Creek Road
Page 6 of 18
6.2 All of the DISTRICT's 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 43-7 or Section 43-
26.9 of the San Bernardino County Flood Control Act (Cal. . Water Code App. Sect. 43-1 et
seq.), and (c) grants, advances or contributions in aid of construction, except to the extent such
grants are unrestricted and available for any expenditure of the DISTRICT.
6.3 American Recovery and Reinvestment Act Funding (ARRA)
Use of ARRA Funds and Requirements. This Agreement may be funded in whole or in part
with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"),
signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alternation, maintenance or repair of a public building
or public work (both as defined in 2 CPR 176.140) unless all of the iron, steel and
manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the
United States. A waiver is available under three circumstances: (i) Iron, steel or relevant
manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods
produced in the United States will increase the cost of the overall project by more than 25
percent; or (Iii) Applying the domestic preference would be inconsistent with the public
interest. This is referred to as the "Buy American" requirement. Request for waiver must be
made to the District for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through
the Federal Government pursuant to ARRA shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the
"wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and
wage requirements. The contractors must contact the District contact if they have any
questions regarding the applicability or implementation of the ARRA Buy American and wage
rate requirements. The contractors will also be required to provide detailed information
regarding compliance with the Buy American requirements they have under ARRA. The
information may be required as frequently as monthly or quarterly. The contractors agree to
fully cooperate in providing information or documents as requested by the District pursuant to
this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract.
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Alabama Street at City Creek Road
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The contractors may also be required to register in the Central Contractor Registration (CCR)
database at htto://www.ccr.aov and may be required to have their subcontractors also
register in the same database. The contractors must contact the District with any questions
regarding registration requirements.
Schedule of Expenditure of Federal Awards. In addition to the requirements described in
"Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA
expenditures in single audits is required. The contractors agree to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
Management and Budget Circular A-133, "Audits of States, Local Governments, and
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the
Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and
amount such that separate accountability and disclosure is provided for ARRA funds by
Federal award number consistent with the recipient reports required by ARRA Section 1512
(c).
In addition, the contractors agree to separately identify to each subcontractor and document
at the time of subcontract and at the time of disbursement of funds, the Federal award
number, any special CFDA number assigned for ARRA purposes, and amount of ARRA
funds.
The contractors may be required to provide detailed information regarding expenditures so
that the District may fulfill any reporting requirements under ARRA described in this section.
The information may be required as frequently as monthly or quarterly. The contractors
agree to fully cooperate in providing information or documents as requested by the District
pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
6.4 This AGREEMENT is contingent upon the ability of the DISTRICT to borrow funds as set forth
in section 1.17 above.
6.5 The DISTRICT agrees to indemnify and hold harmless SAN BERNARDINO. REDLANDS,
IVDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of the DISTRICT, its officers, employees, agents or volunteers in connection with the
DISTRICT's performance of its obligations under this AGREEMENT.
6.6 SAN BERNARDINO agrees to indemnify and hold harmless the DISTRICT, REDLANDS,
IVDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of SAN BERNARDINO, its officers, employees, agents or volunteers in connection
with SAN BERNARDINO's performance of its obligations under this AGREEMENT.
6.7 REDLANDS agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
IVDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of REDLANDS its officers, employees, agents or volunteers in connection with
REDLANDS' performance of its obligations under this AGREEMENT.
6.8 IVDA agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS and HIGHLAND, their officers, employees, agents, and volunteers from any and
all liabilities for injury to persons and damage to property arising out of any negligent act or
Revised 1/13/2009
Alabama Street at City Creek Road
Page 8 of 18
omission of IVDA its officers, employees, agents or volunteers in connection with IVDA's
performance of its obligations under this AGREEMENT.
6.9 HIGHLAND agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS, and IVDA, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of HIGHLAND, its officers, employees, agents or volunteers in connection with
HIGHLAND's performance of its obligations under this AGREEMENT.
6.10 In the event the DISTRICT andlor SAN BERNARDINO and/or REDLANDS andlor IVDA
and/or HIGHLAND is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the AGREEMENT, the DISTRICT andlor
SAN BERNARDINO andlor REDLANDS and/or IVDA andlor HIGHLAND shall indemnify the
other PARTIES to the extent of its comparative fault.
6.11 The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND are self-insured public
entities for purposes of Professional Liability, General Liability, and Workers' Compensation.
The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
Workers' Compensation to provide coverage for liabilities arising out of the PARTIES
performance of this AGREEMENT.
6.12 After opening of bids, estimate of cost will be revised based on actual bid prices
6.13 The PARTIES acknowledge that final PROJECT costs may ultimately exceed current
estimates of PROJECT costs and that final PROJECT cost reimbursements from FHWA and
State OES may vary from current estimates. Any additional net PROJECT costs resulting from
increased bid prices or change orders (but not from requested additional work by a PARTY
which is addressed in section 6.19 below) or from shortfalls in FHWAlState OES revenue shall
be borne equally by the PARTIES, as part of said PARTIES' respective obligations to pay for
PROJECT costs.
6.14 If after opening of bids for the PROJECT the submitted bids indicate a cost overrun of no more
than 15% of the current PROJECT cost estimate, DISTRICT may award the AGREEMENT,
and the cost of construction shall be borne equally by the PARTIES as part of said PARTIES'
respective obligations to pay for PROJECT costs.
6.15 If. upon opening of bids. it is found that the costs exceed 15% of the current PROJECT cost
estimate, PARTIES shall endeavor to agree upon an alternative course of action. If, after thirty
(30) days, an alternative course of action is not mutually agreed upon in writing, this
AGREEMENT shall be deemed to be terminated by mutual consent.
6.16 In the event that change orders are required during the course of the PROJECT, said change
orders must be in form and substance as set forth in attached Exhibit "B" of this AGREEMENT
and approved by the PARTIES. Contract Change Order forms will be delivered by fax and
must be returned within two working days.
6.17 If a Contract Change Order arises from unforeseen site conditions (e.g. relocating a utility that
the PARTIES were not aware of) it will be paid by the responsible PARTIES, upon approval of
the Contract Change Order as set forth in section 6.16, in proportion to the location of said
work.
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Alabama Street at City Creek Road
Page 9 of 18
6.18 The DISTRICT shall notify all PARTIES of administrative overrun of quantities on the
construction bid sheet if it appears that the 10 percent construction contingency will be
exceeded.
6.19 If any PARTY requests additional work that is beyond the scope of the original PROJECT, said
work will be paid solely by the PARTY requesting the work at the construction contract unit
costs.
6.20 The PARTIES recognize that IVDA is merely a funding source and as such has no jurisdiction
over items that may be deemed to be unforeseen site conditions and as such, IVDA shall not
be responsible for the payment of any additional work/costs arising from unforeseen site
conditions.
6.21 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY;
provided, however, that no PARTY may cancel this AGREEMENT after the DISTRICT lets a
contract to construct the PROJECT. In the event of cancellation as provided in this paragraph,
the PROJECT costs required to be paid by the PARTIES prior to the effective date of
cancellation shall be paid equally by the PARTIES.
6.22 Except with respect to the PARTIES' operation, maintenance and indemnification obligations
contained herein, this AGREEMENT shall terminate upon completion of the PROJECT and
payment of final billing by the PARTIES for their shares of the PROJECT.
6.23 This AGREEMENT contains the entire agreement of the PARTIES with respect to subject
matter hereof, and supersedes all prior negotiations, understandings or agreements. This
AGREEMENT may only be modified in writing signed by all PARTIES.
6.24 This AGREEMENT shall be governed by the laws of the State of California. 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. Any dispute or action to enforce any obligation
under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the
County of San Bernardino. In the event of litigation arising from this AGREEMENT, each
PARTY to the AGREEMENT shall bear its own costs, including attorneys' fees regardless of
who is the prevailing PARTY. This provision concerning costs shall not apply to costs or
attorney's fees relative to Paragraphs 6.5 through 6.10.
6.25 Time is of the essence for each and every provision of this AGREEMENT.
6.26 Since the PARTIES or their agents have participated fully in the preparation of this
AGREEMENT, the language of this AGREEMENT shall be construed simply, according to its
fair meaning, and not strictly for any or against any PARTY. Any term referencing time, days
or period for performance shall be deemed work days. The captions of the various articles and
paragraphs are for convenience and ease or reference only, and do not define, limit, augment,
or describe the scope, content, or intent of this AGREEMENT.
6.27 No supplement, modification, or amendment of this AGREEMENT shall be binding unless
executed in writing and signed by all PARTIES.
6.28 PARTIES shall accept all payments 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.
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Alabama Street at City Creek Road
Page 10 of 18
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6.29 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
6.30 This AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of all PARTIES.
Alabama Street at City Creek Road
Page 11 of 18
Revised 1/1312009
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA and the
cities of SAN BERNARDINO, REDLANDS and HIGHLAND by their duly authorized officers and the
DISTRICT has caused the same to be duly executed in its name and on its behalf by its duly authorized
representatives, effective as of the date hereunder written.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
~
GARY C. OVITT, Board Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch. Secretary
By
Deputy
Approved as to Legal Form
Reviewed by Contract Compliance
Presented to Board for Signature
~
Counsel
~
~
Date
Date
Oate
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Alabama Street at City Creek Road
Page 12 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA,
the DISTRICT, and the cities of REDLANDS and HIGHLAND by their duly authorized officers
and the City of SAN BERNARDINO has caused the same to be duly executed in its name
and on its behalf by its duly authorized representatives, effective as of the date hereunder
written.
Citv of San Bernardino
(Print or type name of corporation, company, contractor, etc.)
~
(Authorized signature - sign in blue ink)
Name Charles e. McNeelv
(Print or type name of person signing contract)
Title Citv Manaaer
(Print or Type)
Dated:
Address 300 N. "D" Street
San Bernardino. CA 92418
Approved as to Legal Form
Attested by City Clerk
.
City Attomey
.
City Clerk
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 13 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO and HIGHLAND by their duly authorized officers
and the City of REDLANDS has caused the same to be duly executed in its name and on its behalf
by its duly authorized representatives, effective as of the date hereunder written.
Citv of Redlands
(Print or type name of co[1Joration, company, contractor, ete.)
~ ~cd~
(Authorized signature - sign in blue ink)
Name Pat Gilbreath
(Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated: December 15, 2009
Address 35 Caion Street
Redlands. CA 92373
Approved as to Legal Form
Date
~I?~
CityCI ~
Date ~..ku ~ ,,;100 Cj
~
City Attorney
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Alabama Street at City Creek Road
Page 14 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO, and REDLANDS by their duly authorized officers
and City of HIGHLAND has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives. effective as of the date hereunder written.
Citv of Hiahland
(Print or type name of corporation. company, contractor. etc.)
..
(Authorized signatura. sign in biue ink)
Name Penny Lilburn
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:
Address 27215 Baseline
HiQhland, CA 92346
Attested by City Clerk
Approved as to Legal Form
~
City Attorney
~
City Clerk
Date
Date
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Alabama Street at City Creek Road
Page 15 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the cities of
SAN BERNARDINO, REDLANDS and HIGHLAND and the DISTRICT by their duly authorized
officers and the IVDA has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives, effective as of the date hereunder written.
Inland Vallev Develooment Aaencv
(Print or type nama of corporation, company. contractor. etc.)
.
(Authorized signature - sign in blue ink)
Name Donald L. Roaers
(Print or type name of person signing contract)
Title Interim Executive Director
(Print or Type)
Dated:
Address 294 So. Leland Norton Way. Suite 1
San Bernardino. CA 92408
Approved as to Legal Form
~
Counsel
Date
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Alabama Street at City Creek Road
Page 16 of 18
EXHIBIT "A"
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO, CITY OF REDLANDS, CITY OF HIGHLAND,
INLAND VALLEY DEVELOPMENT AGENCY AND THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
FOR ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
TOTAL COST FHWAlState DISTRICT SAN REDLANDS HIGHLAND
DESCRIPTION OF PROJECT OES SHARE BERNARDINO SHARE IVOA SHARE SHARE*
SHARE SHARE
Anticipated Grant/Local $3,159,542 $3,068,862 $18,136 $18,136 $18,136 $18136 $18,136
Match Per Grant
Approval
97.13% 0.574% 0.574% 0.574% 0.574% 0.574%
Project Cost Not $940,458 $0 $188,092 $188,092 $188,092 $188,092 $188,092
Covered by Grant
0% 20% 20% 20% 20% 20%
GROSS PROJECT COST $4,100,000 $3,068,862 $206,228 $206,228 $206,228 $206,228 $206,228
PER PARTY
74.85% 5.03% 5.03% 5.03% 5.03% 5.03%
Project cost is an estimate and is subject to revision based on actual costs upon project completion. FHWA and State
OES grant amounts may be increased based upon future approval of additional grant funds. which will proportionately
reduce the PARTIES share of the PROJECT costs.
*The City of Highland's initial project funding is in the amount of $994,260. The DISTRICT will reimburse
HIGHLAND an amount above its final cost share for the amount of initial PROJECT funding upon receipt of
grant funds from FHWA and STATE OES.
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Alabama Street at City Creek Road
Page 17 of 18
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
SAN BERNARDINO FLOOD CONTROL DISTRICT CONTRACT #
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing
agreements with the San Bernardino County Flood Control District. City of San Bernardino, City of Redlands, Inland
Valley Development Agency and the City of Highland for the above project and the following shall apply:
DATE OF CITY/DISTRICT ACTION: ---1---1_
o APPROVED for Implementation with 100% Participation
o APPROVED Subject to CommentslRevisions Accompanying this Document
o APPROVED With Limited Funding Participation by the CitylDistrict
0 % of Actual Cost to be Funded by the City/District
o The City/District Participation Not to Exceed $
o DISAPPROVED -Not Acceptable to the CitvlDistrict
Note: Approval under any of the above conditions shall in no case be constructed as an agreement to increase
the total financIal participation beyond that prescribed in the existing SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, CITY OF SAN BERNARDINO, CITY OF HIGHLAND, INLAND VALLEY DEVELOPMENT
AGENCY, and CITY OF REDLANDS agreement without separate amendment to saId agreement. Net increases in
costs deriving from this and previously approved Contract Change Orders shall not cause the total construction
costs to exceed the sum of the authorized contract total and contingency amounts.
Comments, as follows and/or attached. are conditions of the above action? DYES ONO
CITY/DISTRICT:
CITYIDISTRICT REPRESENTATIVE NAME AND TITLE:
CITY/DISTRICT REPRESENTATIVE SIGNATURE:
Distribution:
. .
Signed Onglnal Returned to San Bernardino County Flood Control District's Resident Engineer (FAX # 909-370-5154)
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Alabama Street at City Creek Road
Page 18 of 18
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New Vendor Code Depl. r r\ .;:C;;? _
Change SC A
Cancel
Flood Control District Dept. Orgn. Contr1ld!>r'sUoense No.
Flood Control District 097 097
Flood Control District Representative Telephone Total Contract Amount
Melissa Walker 19091 387 - 8120 $1,612,944
IJl Revenue 0 Encumbered Contract Type
o Unencumbered 0 Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Souroe GRC/PROJIJOB No. Amount
RFF 092 092 8842 78F2082 $1.612.944
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJIJOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FV Amount 110 FV Amount 110
Alabama Street at City 10111 $1,612,944
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Creek Road Improvements
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OFFICIAL USE ONL Y
San Bernardino County
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
THIS AGREEMENT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the DISTRICT. and
Name
Address
City of San Bernardino
300 North 0 Street
San Bernardino, CA 92418
Telephone Federal 10 No. or Social Security No.
909 384-5211
hereinafter called
SAN BERNARDINO
Name
Address
City of Redlands
35 Cajon Street
Redlands, CA 92373
Telephone Federal 10 No. or Social Security No.
909798-7655
hereinafter called
REDLANDS
Auditor/Controller-Recorder Use Onlv
o Contract Database 0 FAS
Input Date I Keyed By
Page 1 of 18
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... Name
City of Highland
27215 Baseline
Highland, CA 92346
Telephone Federal 10 No. or Social Security No.
909-864-6861
hereinafter called
HIGHLAND
Address
Name
Inland Valley Development Agency
hereinafter called
IVDA
Address
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone Federal 10 No. or Social Security No.
909-382-4100
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District (hereinafter referred to as DISTRICT), the
City of San Bernardino (hereinafter referred to as SAN BERNARDINO), the City of Redlands (hereinafter
referred to as REDLANDS), Inland Valley Development Agency (hereinafter referred to as IVDA) and the
City of Highland (hereinafter referred to as HIGHLAND) are signatories to this AGREEMENT, and all shall
be collectively known as the PARTIES; and
WHEREAS. the PARTIES desire to cooperate and jointly participate with their equal cost shares in
environmental mitigation. construction and construction engineering for road improvements, including the
installation of drainage culverts and bank protection at the Alabama Street crossing at City Creek
(hereinafter referred to as PROJECT); and
WHEREAS, while the PROJECT is a road improvement project, the DISTRICT recognizes there is a
benefit to the DISTRICT by improving an existing obstruction to the DISTRICT's City Creek facility; and
WHEREAS, the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS. PARTIES desire to commence construction of the PROJECT in spring 2010; and
WHEREAS. construction plans, special provisions and cost estimates for the PROJECT shall be approved
by the PARTIES prior to advertising for construction bids on the PROJECT; and
WHEREAS, total current projected cost for the PROJECT is approximately $4,100,000 (current PROJECT
cost estimate), while Federal Highways Administration (hereinafter referred to as FHWA) has approved
funding a portion of the project cost originally estimated at $3,159,542 (original PROJECT cost estimate)
per the FHWA Damage Assessment Form to cover permanent restoration and reconstruction engineering;
and
WHEREAS, the DISTRICT has received approval for funding from FHWA (88.53% of approved PROJECT
costs) and the State Office of Emergency Services (hereinafter referred to as State OES) (8.6% of
approved PROJECT costs) for the PROJECT; and
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Alabama Street at City Creek Road
Page 2 of 18
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,
WHEREAS, the DISTRICT has received approval from FHWA for the funding of the permanent restoration
work and will coordinate with FHWA and State OES for reimbursement claims for the PROJECT; and
WHEREAS, an estimated $3,068,862 of the PROJECT costs have been approved to be funded by the
grants from FHWA and State OES and the required local match for the grant is $90,680; and,
WHEREAS, approximately $940,458 of the PROJECT costs are currently not covered by the grants and
local match and will be shared equally among the PARTIES; and,
WHEREAS. on June 3, 2008 the County Board of Supervisors. pursuant to Streets and Highways Code
section 1686 approved a loan from the County of San Bernardino Transportation Department to the
DISTRICT in the amount of $3.000,000 to proceed with the PROJECT (Resolution No. 2008-101); and
WHEREAS, the DISTRICT will repay the loan upon reimbursements from FHWA and State OES; and
WHEREAS, the DISTRICT and HIGHLAND desire to provide initial funding for the PROJECT; and
WHEREAS, the DISTRICT will provide initial funding of $2,487,056 and HIGHLAND will provide initial
funding of $994,260 for the current estimated total PROJECT cost; and
WHEREAS, upon receipt of grant funds from FHWA and State OES the DISTRICT will reimburse
HIGHLAND an amount above its final cost share funded initially by HIGHLAND; and
WHEREAS, the DISTRICT, SAN BERNARDINO, REDLANDS. IVDA and HIGHLAND desire to equally
fund the final local match for the grant and any of the PROJECT costs not covered by the grant funds; and
WHEREAS, the total estimated shares of the PROJECT cost after grant funding are: DISTRICT 5.03%
($206,228), SAN BERNARDINO 5.03% ($206,228), IVDA 5.03% ($206.228), REDLANDS 5.03%
($206,228), and HIGHLAND 5.03% ($206.228), as shown in Exhibit "A", attached hereto and incorporated
herein by reference; and
WHEREAS, the PARTIES desire to pay the DISTRICT their equal share of the PROJECT cost; and
WHEREAS, the DISTRICT shall retain the grant funds for the PROJECT as reimbursement of costs
incurred, but not billed to PARTIES; and
WHEREAS. the PARTIES recognize that PROJECT costs and grant funds are estimated and subject to
change and that it is the intent of the PARTIES that the PARTIES shall pay for their share of final project
costs, net of grant funding, pursuant to the cost sharing percentages indicated in Exhibit "A" with any
additional grant funds obtained for the PROJECT prorated and subtracted from each PARTY's share of the
PROJECT costs; and
WHEREAS, the PARTIES desire to set forth responsibilities and obligations of each as they pertain to such
participation and to the completion of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 DISTRICT AGREES TO
1.1 Act as the Lead Agency to oversee and administer the environmental mitigation, construction
and construction engineering of the PROJECT.
1.2 Pay its equal share of the PROJECT costs ($206.228) as set forth in Exhibit "A", including any
proportionate cost increases pursuant to section 6.13 below.
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Alabama Street at City Creek Road
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1.3 Construct the PROJECT pursuant to the terms of this AGREEMENT in accordance with the
plans and specifications of the DISTRICT. DISTRICT shall forward the plans and specifications
to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND.
1.4 Arrange for relocation of any utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain no-cost permits from SAN BERNARDINO, REDLANDS and HIGHLAND for work within
the respective right-of-way of each.
1.6 Proceed with construction advertisement upon obligation of FHWA and State OES grant funds.
1.7 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.8 Require its contractors to maintain adequate Workers' Compensation. General Liability, Auto
Liability and other insurance pursuant to DISTRICT standard practice.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s)
with the DISTRICT's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND. The DISTRICT shall provide copies of any records of inspection and
materials testing to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND within ten (10)
days after the DISTRICT's receipt of written demand from SAN BERNARDINO, REDLANDS,
IVDA andlor HIGHLAND for such records.
1.10 All PROJECT costs, including the cost of PROJECT construction. construction engineering. and
overhead costs, shall be paid for by the PARTIES on a net basis, calculated by subtracting the
anticipated grant reimbursement (currently estimated at 97.13% of the current PROJECT cost
estimate or 74.85% of the original PROJECT cost estimate) from the gross costs incurred.
1.11 The DISTRICT shall submit requests for funding and final costs to FHWA and State OES and
shall retain all grant funds as reimbursement for costs incurred but not billed to PARTIES.
1.12 After acceptance of the construction work by the PARTIES, the DISTRICT shall be responsible
for the maintenance of the completed flood control related improvement within the DISTRICT's
right-of-way.
1.13 Submit to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND a final itemized accounting
of actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO. REDLANDS. IVDA and HIGHLAND and a statement for the outstanding
share of the PROJECT costs owed by SAN BERNARDINO, REDLANDS, IVDA and
HIGHLAND.
1.14 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
1.15 Provide initial funding of $2,487,056 for the current estimated PROJECT cost which covers
permanent restoration and construction engineering.
1.16 Upon receipt of grant funds from FHWA and State OES, reimburse HIGHLAND the difference
between its final cost share and the amount HIGHLAND initially funded at PROJECT approval,
and reimburse DISTRICT the difference between its final cost share and the amount DISTRICT
initially funded at PROJECT approval.
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Page 4 of 18
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1.17 The DISTRICT can borrow. as needed, up to $3.000,000 in funding from the County of San
Bernardino Transportation Department.
2.0 SAN BERNARDINO AGREES TO:
2.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228. its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA. and HIGHLAND, together with adequate documentation of
said expenditures.
2.2 Provide a no-cost pernnit to the DISTRICT for its work in SAN BERNARDINO's right-of-way.
2.3 Assist in coordinating relocation of any unknown or unforeseen utilities. which interfere with
construction of the PROJECT within the SAN BERNARDINO's area of the PROJECT site.
2.4 After the acceptance of the construction by the PARTIES, SAN BERNARDINO shall be
responsible for the maintenance of the completed improvement within SAN BERNARDINO's
right-of-way.
2.5 Pay its equal share of the PROJECT costs if the grant funding is reduced. relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
3.0 REDLANDS AGREES TO:
3.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds. as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
3.2 Provide a no-cost permit to the DISTRICT for its work in REDLANDS' right-of-way.
3.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities. which
interfere with construction of the PROJECT within the REDLANDS' area of the PROJECT site.
3.4 After acceptance of the construction by the PARTIES, REDLANDS shall be responsible for the
maintenance of the completed improvement within REDLANDS' right-of-way.
3.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
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Alabama Street at City Creek Road
Page 5 of 18
4.0 IVDA AGREES TO:
4.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds. as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND. together with adequate documentation of
said expenditures.
4.2 Pursuant to the terms and conditions of a separate Right-of Entry Agreement by and between
the San Bernardino International Airport Authority (SBIM), IVDA and DISTRICT, IVDA will
provide a permit to the DISTRICT for its work on SBIM property.
4.3 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished.
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
5.0 HIGHLAND AGREES TO:
5.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder. the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO, REDLANDS, IVDA. and HIGHLAND, together with adequate
documentation of said expenditures.
5.2 Provide a no-cost permit to the DISTRICT for its work in HIGHLAND's right-of-way.
5.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the HIGHLAND's area of the PROJECT site.
5.4 After acceptance of the construction by the PARTIES, HIGHLAND shall be responsible for the
maintenance of the completed improvement within HIGHLAND's right-of-way.
5.5 Pay its equal share of the PROJECT costs if the grant funding is relinquished, deobligated or
otherwise not funded in an amount not to exceed 20% of the estimated cost of the PROJECT.
5.6 Pay to DISTRICT, after bid opening and prior to award of contract to successful bidder, funding
in the amount of $788,032. The amount described in this paragraph is in addition to the amount
described in section 5.1. Upon DISTRICT's receipt of grant funds from FHWA and State OES,
DISTRICT shall reimburse HIGHLAND the difference between its final cost share and the
amount HIGHLAND initially funded at PROJECT approval.
6.0 IT IS FURTHER UNDERSTOOD AND AGREED:
6.1 This AGREEMENT shall become effective upon approval by the PARTIES. The Effective Date
of this AGREEMENT shall be the first date on which all of the following has occurred: (1) the
PARTIES Councils and Boards have approved the AGREEMENT; (2) the authorized
representative of each has signed the AGREEMENT; and (3) a fully executed copy of the
AGREEMENT has been submitted to all PARTIES.
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'6.2 All of the DISTRICT's 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 43-7 or Section 43-
26.9 of the San Bernardino County Flood Control Act (Cal. . Water Code App. Sect. 43-1 et
seq.), and (c) grants. advances or contributions in aid of construction, except to the extent such
grants are unrestricted and available for any expenditure of the DISTRICT.
6.3 American Recovery and Reinvestment Act Funding (ARRA)
Use of ARRA Funds and Requirements. This Agreement may be funded in whole or in part
with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"),
signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alternation, maintenance or repair of a public building
or public work (both as defined in 2 CPR 176.140) unless all of the iron, steel and
manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the
United States. A waiver is available under three circumstances: (i) Iron, steel or relevant
manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods
produced in the United States will increase the cost of the overall project by more than 25
percent; or (iii) Applying the domestic preference would be inconsistent with the public
interest. This is referred to as the "Buy American" requirement. Request for waiver must be
made to the District for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through
the Federal Government pursuant to ARRA shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the
"wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and
wage requirements. The contractors must contact the District contact if they have any
questions regarding the applicability or implementation of the ARRA Buy American and wage
rate requirements. The contractors will also be required to provide detailed information
regarding compliance with the Buy American requirements they have under ARRA. The
information may be required as frequently as monthly or quarterly. The contractors agree to
fully cooperate in providing information or documents as requested by the District pursuant to
this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract.
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Alabama Street at City Creek Road
Page 7 of 18
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The contractors may also be required to register in the Central Contractor Registration (CCR)
database at htto:llwww.ccr.aov and may be required to have their subcontractors also
register in the same database. The contractors must contact the District with any questions
regarding registration requirements.
Schedule of Expenditure of Federal Awards. In addition to the requirements described in
"Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA
expenditures in single audits is required. The contractors agree to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
Management and Budget Circular A-133, "Audits of States, Local Govemments, and
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the
Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and
amount such that separate accountability and disclosure is provided for ARRA funds by
Federal award number consistent with the recipient reports required by ARRA Section 1512
(c).
In addition, the contractors agree to separately identify to each subcontractor and document
at the time of subcontract and at the time of disbursement of funds, the Federal award
number. any special CFDA number assigned for ARRA purposes. and amount of ARRA
funds.
The contractors may be required to provide detailed information regarding expenditures so
that the District may fulfill any reporting requirements under ARRA described in this section.
The information may be required as frequently as monthly or quarterly. The contractors
agree to fully cooperate in providing information or documents as requested by the District
pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
6.4 This AGREEMENT is contingent upon the ability of the DISTRICT to borrow funds as set forth
in section 1.17 above.
6.5 The DISTRICT agrees to indemnify and hold harmless SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of the DISTRICT, its officers, employees, agents or volunteers in connection with the
DISTRICT's performance of its obligations under this AGREEMENT.
6.6 SAN BERNARDINO agrees to indemnify and hold harmless the DISTRICT, REDLANDS,
IVDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of SAN BERNARDINO, its officers, employees, agents or volunteers in connection
with SAN BERNARDINO's performance of its obligations under this AGREEMENT.
6.7 REDLANDS agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
IVDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of REDLANDS its officers, employees, agents or volunteers in connection with
REDLANDS' performance of its obligations under this AGREEMENT.
6.8 IVDA agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS and HIGHLAND, their officers, employees, agents, and volunteers from any and
all liabilities for injury to persons and damage to property arising out of any negligent act or
Revised 1/1312009
Alabama Street at City Creek Road
Page 8 of 18
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omission of IVDA its officers. employees, agents or volunteers in connection with IVDA's
performance of its obligations under this AGREEMENT.
6.9 HIGHLAND agrees to indemnify and hold harmless the DISTRICT. SAN BERNARDINO.
REDLANDS. and IVDA. their officers. employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of HIGHLAND, its officers, employees, agents or volunteers in connection with
HIGHLAND's performance of its obligations under this AGREEMENT.
6.10 In the event the DISTRICT and/or SAN BERNARDINO andlor REDLANDS andlor IVDA
andlor HIGHLAND is found to be comparatively at fault for any claim, action. loss or damage
which results from their respective obligations under the AGREEMENT, the DISTRICT andlor
SAN BERNARDINO andlor REDLANDS and/or IVDA andlor HIGHLAND shall indemnify the
other PARTIES to the extent of its comparative fault.
6.11 The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND are self-insured public
entities for purposes of Professional Liability, General Liability, and Workers' Compensation.
The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
Workers' Compensation to provide coverage for liabilities arising out of the PARTIES
performance of this AGREEMENT.
6.12 After opening of bids. estimate of cost will be revised based on actual bid prices
6.13 The PARTIES acknowledge that final PROJECT costs may ultimately exceed current
estimates of PROJECT costs and that final PROJECT cost reimbursements from FHWA and
State OES may vary from current estimates. Any additional net PROJECT costs resulting from
increased bid prices or change orders (but not from requested additional work by a PARTY
which is addressed in section 6.19 below) or from shortfalls in FHWAlState OES revenue shall
be borne equally by the PARTIES, as part of said PARTIES' respective obligations to pay for
PROJECT costs.
6.14 If after opening of bids for the PROJECT the submitted bids indicate a cost overrun of no more
than 15% of the current PROJECT cost estimate, DISTRICT may award the AGREEMENT,
and the cost of construction shall be borne equally by the PARTIES as part of said PARTIES'
respective obligations to pay for PROJECT costs.
6.15 If, upon opening of bids, it is found that the costs exceed 15% of the current PROJECT cost
estimate, PARTIES shall endeavor to agree upon an alternative course of action. If, after thirty
(30) days, an alternative course of action is not mutually agreed upon in writing, this
AGREEMENT shall be deemed to be terminated by mutual consent.
6.16 In the event that change orders are required during the course of the PROJECT, said change
orders must be in form and substance as set forth in attached Exhibit "8" of this AGREEMENT
and approved by the PARTIES. Contract Change Order forms will be delivered by fax and
must be returned within two working days.
6.17 If a Contract Change Order arises from unforeseen site conditions (e.g. relocating a utility that
the PARTIES were not aware of) it will be paid by the responsible PARTIES, upon approval of
the Contract Change Order as set forth in section 6.16, in proportion to the location of said
work.
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Alabama Street at City Creek Road
Page 9 of 18
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'6.18 The DISTRICT shall notify all PARTIES of administrative overrun of quantities on the
construction bid sheet if it appears that the 10 percent construction contingency will be
exceeded.
6.19 If any PARTY requests additional work that is beyond the scope of the original PROJECT, said
work will be paid solely by the PARTY requesting the work at the construction contract unit
costs.
6.20 The PARTIES recognize that IVDA is merely a funding source and as such has no jurisdiction
over items that may be deemed to be unforeseen site conditions and as such, IVDA shall not
be responsible for the payment of any additional work/costs arising from unforeseen site
conditions.
6.21 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY;
provided, however, that no PARTY may cancel this AGREEMENT after the DISTRICT lets a
contract to construct the PROJECT. In the event of cancellation as provided in this paragraph,
the PROJECT costs required to be paid by the PARTIES prior to the effective date of
cancellation shall be paid equally by the PARTIES.
6.22 Except with respect to the PARTIES' operation, maintenance and indemnification obligations
contained herein, this AGREEMENT shall terminate upon completion of the PROJECT and
payment of final billing by the PARTIES for their shares of the PROJECT.
6.23 This AGREEMENT contains the entire agreement of the PARTIES with respect to subject
matter hereof, and supersedes all prior negotiations, understandings or agreements. This
AGREEMENT may only be modified in writing signed by all PARTIES.
6.24 This AGREEMENT shall be governed by the laws of the State of California. 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. Any dispute or action to enforce any obligation
under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the
County of San Bernardino. In the event of litigation arising from this AGREEMENT, each
PARTY to the AGREEMENT shall bear its own costs, including attorneys' fees regardless of
who is the prevailing PARTY. This provision concerning costs shall not apply to costs or
attorney's fees relative to Paragraphs 6.5 through 6.10.
6.25 Time is of the essence for each and every provision of this AGREEMENT.
6.26 Since the PARTIES or their agents have participated fully in the preparation of this
AGREEMENT. the language of this AGREEMENT shall be construed simply, according to its
fair meaning, and not strictly for any or against any PARTY. Any term referencing time, days
or period for performance shall be deemed work days. The captions of the various articles and
paragraphs are for convenience and ease or reference only, and do not define, limit. augment,
or describe the scope, content, or intent of this AGREEMENT.
6.27 No supplement, modification, or amendment of this AGREEMENT shall be binding unless
executed in writing and signed by all PARTIES.
6.28 PARTIES shall accept all payments 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.
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6.29 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
6.30 This AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of all PARTIES.
Alabama Street at City Creek Road
Revised 1113/2009
Page 11 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA and the
cities of SAN BERNARDINO, REDLANDS and HIGHLAND by their duly authorized officers and the
DISTRICT has caused the same to be duly executed in its narne and on its behalf by its duly authorized
representatives. effective as of the date hereunder written.
SAN BERNARDINO COUNTY
FLOOD CONTRO STRICT
~
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF
(,\1
.~ elch, Secretary
~
~
By
~~or~
Counsel
Date
h- 7 - to
Date
6/7110
~
Revised 1/13/2009
Alabama Street at City Creek Road
Page 12 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA,
the DISTRICT. and the cities of REDLANDS and HIGHLAND by their duly authorized officers
and the City of SAN BERNARDINO has caused the same to be duly executed in its name
and on its behalf by its duly authorized representatives, effective as of the date hereunder
written.
City of San Bernardino
(Print or type name of corporation, company, contractor, etc.)
..
(Authorized signature - sign in blue ink)
Name Charles e. McNeelv
(Print or type name of person signing contract)
Title City Manaqer
(Print or Type)
Dated:
Address 300 N. "D" Street
San Bernardino. CA 92418
Approved as to Legal Form
Attested by City Clerk
~
City Attorney
~
City Clerk
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 13 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO and HIGHLAND by their duly authorized officers
and the City of REDLANDS has caused the same to be duly executed in its name and on its behalf
by its duly authorized representatives. effective as of the date hereunder written.
Citv of Redlands
(Print or type name of corporation, company, contractor, ete.)
..
(Authorized signature - sign in blue ink)
Name Jon Harrison
(Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated:
Address 35 Caion Street
Redlands. CA 92373
Approved as to legal Form
Attested by City Clerk
~
City Attorney
~
City Clerk
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 14 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO, and REDLANDS by their duly authorized officers
and City of HIGHLAND has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives, effective as of the date hereunder written.
Citv of Hiahland
(Print or type name of corporation, company, contractor, etc.)
~
(Authorized signature - sign in blue ink)
Name Pennv Ulburn
(Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated:
Address 27215 Baseline
Hiahland. CA 92346
Approved as to Legal Form
Attested by City Clerk
~
City Attomey
~
City Clerk
Date
Date
Revised 1/1312009
Alabama Street at City Creek Road
Page 15 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the cities of
SAN BERNARDINO, REDLANDS and HIGHLAND and the DISTRICT by their duly authorized
officers and the IVDA has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives, effective as of the date hereunder written.
Inland Vallev Development Aaencv
(Print or type name of corporation, company, contractor, etc.)
..
(Authorized signature - sign in blue ink)
Name Donald L. Roaers
(Print or type name of person signing contract)
Title Executive Director
(Print or Type)
Dated:
Address 294 So. Leland Norton Wav. Suite 1
San Bernardino. CA 92408
Approved as to Legal Form
..
Counsel
Date
Revised 1/1312009
Alabama Street at City Creek Road
Page 16 of 18
- -~"~_._~-~<~,.-_. --_._._-----_._._~,,_.~"-_..-..
.
. .
EXHIBIT "A"
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO, CITY OF REDLANDS, CITY OF HIGHLAND,
INLAND VALLEY DEVELOPMENT AGENCY AND THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
FOR ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
TOTAL COST FHWAlState DISTRICT SAN REDLANDS HIGHLAND
DESCRIPTION OF PROJECT OES SHARE BERNARDINO SHARE IVDA SHARE SHARE*
SHARE SHARE
Anticipated Grant/Local $3,159.542 $3,068,862 $18,136 $18,136 $18,136 $18,136 $18,136
Match Per Grant
Approval
97.13% 0.574% 0.574% 0.574% 0.574% 0.574%
Project Cost Not $940,458 $0 $188,092 $188,092 $188.092 $188,092 $188.092
Covered by Grant
0% 20% 20% 20% 20% 20%
GROSS PROJECT COST $4,100.000 $3,068,862 $206,228 $206,228 $206,228 $206,228 $206,228
PER PARTY
74.85% 5.03% 5.03% 5.03% 5.03% 5.03%
Project cost is an estimate and is subject to revision based on actual costs upon project completion. FHWA and State
OES grant amounts may be increased based upon future approval of additional grant funds, which will proportionately
reduce the PARTIES share of the PROJECT costs.
*The City of Highland's initial project funding is in the amount of $994,260. The DISTRICT will reimburse
HIGHLAND an amount above its final cost share for the amount of initial PROJECT funding upon receipt of
grant funds from FHWA and STATE OES.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 17 of 18
- ---_..............._~_.~~--~_._...-..~--~~,..~~.~-,..,.,.,_._.-.- --- -
EXHIBIT "B"
.
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
SAN BERNARDINO FLOOD CONTROL DISTRICT CONTRACT #
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing
agreements with the San Bernardino County Flood Control District. City of San Bernardino. City of Redlands. Inland
Valley Development Agency and the City of Highland for the above project and the following shall apply:
DATE OF CITYIDISTRICT ACTION: _/~-
o APPROVED for Implementation with 100% Participation
o APPROVED Subject to Comments/Revisions Accompanying this Document
o APPROVED With Limited Funding Participation by the CitylDistrict
o % of Actual Cost to be Funded by the CitylDistrict
o The City/District Participation Not to Exceed $
o DISAPPROVED -Not Acceotable to the CitvlDistrict
Note: Approval under any of the above conditions shall in no case be constructed as an agreement to increase
the total financial participation beyond that prescribed in the existing SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, CITY OF SAN BERNARDINO, CITY OF HIGHLAND, INLAND VALLEY DEVELOPMENT
AGENCY, and CITY OF REDLANDS agreement without separate amendment to said agreement. Net increases in
costs deriving from this and previously approved Contract Change Orders shall not cause the total construction
costs to exceed the sum of the authorized contract total and contingency amounts.
Comments. as follows andlor attached. are conditions of the above action? DYES ONO
CITY/DISTRICT:
CITYIDISTRICT REPRESENTATIVE NAME AND TITLE:
CITY/DISTRICT REPRESENTATIVE SIGNATURE:
Distribution:
. .
Signed Onglnal Returned to San Bernardino County Flood Control Distnct's ReSident Engineer (FAX # 909-370-5154)
Revised 1/13/2009
Alabama Street at City Creek Road
Page 18 of 18
,
,
San Bernardino County
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
__._.___.....,.,.__.~.'M_'"_._,.__ .~...---~~"~.__._~,~-,-- -,- ._,~~~>~-,--
11/ vir
OFFICIAL USE ONLY
New Vendor Code SC Dept. Contract Number
Change A , D. '052..-
Cancel
Flood Control District Depl. Orgn. Contractor's License No.
Flood Control District 097 097
Flood Control District Representative Telephone Total Contract Amount
Melissa Walker (909) 387 - 8120 $1,612,944
IJl Revenue 0 Encumbered Contract Type
o Unencumbered 0 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 Souroe GRC/PROJIJOB No. Amount
RFF 092 092 . 8842 78F2082 $1,612.944
Fund Dept. Organization Appr. Obj/Rev Souroe GRC/PROJIJOB No. Amount
Project Name Estimated Payment Total by Fiscal Vear
FV Amount 110 FY Amount 110
Alabama Street at City 09/10 $1,612,944
- -
Creek Road Improvements
- -
THIS AGREEMENT is entered into in the State of California by and between the San Bernardino County Flood Control
District. hereinafter called the DISTRICT. and
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Telephone Federal 10 No. or Social Security No.
909384-5211
City of Redlands
35 Cajon Street
Redlands, CA 92373
Telephone FederallD No. or Social Security No.
909798-7655
Name
Address
Name
Address
hereinafter called
SAN BERNARDINO
hereinafter called
REDLANDS
Auditor/Controller-Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
Page 1 of 18
,
,
.
Name
City of Highland
Address
27215 Baseline
Highland, CA 92346
Telephone FederallD No. or Social Security No.
909-864-6861
hereinafter called
HIGHLAND
Name
Address
Inland Valley Development Agency
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone Federal 10 No. or Social Security No.
909-382-4100
hereinafter called
IVDA
IT IS HEREBY AGREED AS FOllOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District (hereinafter referred to as DISTRICT), the
City of San Bernardino (hereinafter referred to as SAN BERNARDINO), the City of Redlands (hereinafter
referred to as REDLANDS), Inland Valley Development Agency (hereinafter referred to as IVDA) and the
City of Highland (hereinafter referred to as HIGHLAND) are signatories to this AGREEMENT, and all shall
be collectively known as the PARTIES; and
WHEREAS, the PARTIES desire to cooperate and jointly participate with their equal cost shares in
environmental mitigation, construction and construction engineering for road improvements, including the
installation of drainage culverts and bank protection at the Alabama Street crossing at City Creek
(hereinafter referred to as PROJECT); and
WHEREAS, while the PROJECT is a road improvement project, the DISTRICT recognizes there is a
benefit to the DISTRICT by improving an existing obstruction to the DISTRICT's City Creek facility; and
WHEREAS, the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS, PARTIES desire to commence construction of the PROJECT in spring 2010; and
WHEREAS, construction plans, special provisions and cost estimates for the PROJECT shall be approved
by the PARTIES prior to advertising for construction bids on the PROJECT; and
WHEREAS, total current projected cost for the PROJECT is approximately $4,100,000 (current PROJECT
cost estimate), while Federal Highways Administration (hereinafter referred to as FHWA) has approved
funding a portion of the project cost originally estimated at $3,159,542 (original PROJECT cost estimate)
per the FHWA Damage Assessment Form to cover permanent restoration and reconstruction engineering;
and
WHEREAS, the DISTRICT has received approval for funding from FHWA (88.53% of approved PROJECT
costs) and the State Office of Emergency Services (hereinafter referred to as State OES) (8.6% of
approved PROJECT costs) for the PROJECT; and
Revised 1/13/2009
Alabama Street at City Creek Road
Page 2 of 18
WHEREAS, the DISTRICT has received approval from FHWA for the funding of the permanent restoration
work and will coordinate with FHWA and State OES for reimbursement claims for the PROJECT; and
WHEREAS, an estimated $3,068,862 of the PROJECT costs have been approved to be funded by the
grants from FHWA and State OES and the required local match for the grant is $90,680; and.
WHEREAS, approximately $940,458 of the PROJECT costs are currently not covered by the grants and
local match and will be shared equally among the PARTIES; and,
WHEREAS, on June 3, 2008 the County Board of Supervisors, pursuant to Streets and Highways Code
section 1686 approved a loan from the County of San Bernardino Transportation Department to the
DISTRICT in the amount of $3,000,000 to proceed with the PROJECT (Resolution No. 2008-101); and
WHEREAS, the DISTRICT will repay the loan upon reimbursements from FHWA and State OES; and
WHEREAS, the DISTRICT and HIGHLAND desire to provide initial funding for the PROJECT; and
WHEREAS, the DISTRICT will provide initial funding of $2,487,056 and HIGHLAND will provide initial
funding of $994,260 for the current estimated total PROJECT cost; and
WHEREAS, upon receipt of grant funds from FHWA and State OES the DISTRICT will reimburse
HIGHLAND an amount above its final cost share funded initially by HIGHLAND; and
WHEREAS. the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to equally
fund the final local match for the grant and any of the PROJECT costs not covered by the grant funds; and
WHEREAS, the total estimated shares of the PROJECT cost after grant funding are: DISTRICT 5.03%
($206,228), SAN BERNARDINO 5.03% ($206,228), IVDA 5.03% ($206,228), REDLANDS 5.03%
($206,228), and HIGHLAND 5.03% ($206,228), as shown in Exhibit "A". attached hereto and incorporated
herein by reference; and
WHEREAS, the PARTIES desire to pay the DISTRICT their equal share of the PROJECT cost; and
WHEREAS, the DISTRICT shall retain the grant funds for the PROJECT as reimbursement of costs
incurred, but not billed to PARTIES; and
WHEREAS. the PARTIES recognize that PROJECT costs and grant funds are estimated and subject to
change and that it is the intent of the PARTIES that the PARTIES shall pay for their share of final project
costs. net of grant funding. pursuant to the cost sharing percentages indicated in Exhibit "A" with any
additional grant funds obtained for the PROJECT prorated and subtracted from each PARTY's share of the
PROJECT costs; and
WHEREAS, the PARTIES desire to set forth responsibilities and obligations of each as they pertain to such
participation and to the completion of the proposed PROJECT.
NOW. THEREFORE. IT IS MUTUALLY AGREED as follows:
1.0 DISTRICT AGREES TO
1.1 Act as the Lead Agency to oversee and administer the environmental mitigation, construction
and construction engineering of the PROJECT.
1.2 Pay its equal share of the PROJECT costs ($206,228) as set forth in Exhibit "A", including any
proportionate cost increases pursuant to section 6.13 below.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 3 of 18
1.3 Construct the PROJECT pursuant to the terms of this AGREEMENT in accordance with the
plans and specifications of the DISTRICT. DISTRICT shall forward the plans and specifications
to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND.
1.4 Arrange for relocation of any utilities which interfere with construction of the PROJECT within
the unincorporated area of the PROJECT site.
1.5 Obtain no-cost permits from SAN BERNARDINO, REDLANDS and HIGHLAND for work within
the respective right-of-way of each.
1.6 Proceed with construction advertisement upon obligation of FHWA and State OES grant funds.
1.7 Advertise, award, administer, and fund the construction of the PROJECT, in accordance with
the California Public Contract Code.
1.8 Require its contractors to maintain adequate Workers' Compensation, General Liability, Auto
Liability and other insurance pursuant to DISTRICT standard practice.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s)
with the DISTRICT's contractors or subcontractors for the PROJECT and maintain adequate
records of inspection and materials testing for review by SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND. The DISTRICT shall provide copies of any records of inspection and
materials testing to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND within ten (10)
days after the DISTRICT's receipt of written demand from SAN BERNARDINO, REDLANDS.
IVDA andlor HIGHLAND for such records.
1.10 All PROJECT costs, including the cost of PROJECT construction, construction engineering, and
overhead costs, shall be paid for by the PARTIES on a net basis, calculated by subtracting the
anticipated grant reimbursement (currently estimated at 97.13% of the current PROJECT cost
estimate or 74.85% of the original PROJECT cost estimate) from the gross costs incurred.
1.11 The DISTRICT shall submit requests for funding and final costs to FHWA and State OES and
shall retain all grant funds as reimbursement for costs incurred but not billed to PARTIES.
1.12 After acceptance of the construction work by the PARTIES, the DISTRICT shall be responsible
for the maintenance of the completed flood control related improvement within the DISTRICT's
right-of-way.
1.13 Submit to SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND a final itemized accounting
of actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND and a statement for the outstanding
share of the PROJECT costs owed by SAN BERNARDINO. REDLANDS, IVDA and
HIGHLAND.
1.14 Pay its equal share of the PROJECT costs if the grant funding is reduced. relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
1.15 Provide initial funding of $2,487,056 for the current estimated PROJECT cost which covers
permanent restoration and construction engineering.
1.16 Upon receipt of grant funds from FHWA and State OES, reimburse HIGHLAND the difference
between its final cost share and the amount HIGHLAND initially funded at PROJECT approval.
Revised 1/1312009
Alabama Street at City Creek Road
Page 4 of 18
and reimburse DISTRICT the difference between its final cost share and the amount DISTRICT
initially funded at PROJECT approval.
1.17 The DISTRICT can borrow, as needed, up to $3,000,000 in funding from the County of San
Bernardino Transportation Department.
2.0 SAN BERNARDINO AGREES TO:
2.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds. as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
2.2 Provide a no-cost permit to the DISTRICT for its work in SAN BERNARDINO's right-of-way.
2.3 Assist in coordinating relocation of any unknown or unforeseen utilities, which interfere with
construction of the PROJECT within the SAN BERNARDINO's area of the PROJECT site.
2.4 After the acceptance of the construction by the PARTIES, SAN BERNARDINO shall be
responsible for the maintenance of the completed improvement within SAN BERNARDINO's
right-of-way.
2.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
3.0 REDLANDS AGREES TO:
3.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below. within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA. and HIGHLAND, together with adequate documentation of
said expenditures.
3.2 Provide a no-cost permit to the DISTRICT for its work in REDLANDS' right-of-way.
3.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the REDLANDS' area of the PROJECT site.
3.4 After acceptance of the construction by the PARTIES, REDLANDS shall be responsible for the
maintenance of the completed improvement within REDLANDS' right-of-way.
3.5 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 5 of 18
4.0 IVDA AGREES TO:
4.1 Pay to the DISTRICT. after bid opening and prior to award of contract to successful bidder, the
amount of $206,228. its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT which have not already been paid by SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate documentation of
said expenditures.
4.2 Pursuant to the terms and conditions of a separate Right-of Entry Agreement by and between
the San Bernardino International Airport Authority (SBIM), IVDA and DISTRICT, IVDA will
provide a permit to the DISTRICT for its work on SBIM property.
4.3 Pay its equal share of the PROJECT costs if the grant funding is reduced, relinquished,
deobligated or otherwise not funded in the amount of 20% of the cost of the PROJECT.
5.0 HIGHLAND AGREES TO:
5.1 Pay to the DISTRICT, after bid opening and prior to award of contract to successful bidder, the
amount of $206,228, its equal share of the anticipated net local match and the anticipated
PROJECT costs not covered by the grant funds, as set forth in Exhibit "A". Also pay to the
DISTRICT any cost increases pursuant to section 6.13 below, within thirty (30) days after receipt
of a final itemized statement as set forth in section 1.13 of this AGREEMENT setting forth all
actual PROJECT costs incurred by the DISTRICT and which have not already been paid by
SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND, together with adequate
documentation of said expenditures.
5.2 Provide a no-cost permit to the DISTRICT for its work in HIGHLAND's right-of-way.
5.3 Pay for and assist in coordinating relocation of any unknown or unforeseen utilities, which
interfere with construction of the PROJECT within the HIGHLAND's area of the PROJECT site.
5.4 After acceptance of the construction by the PARTIES, HIGHLAND shall be responsible for the
maintenance of the completed improvement within HIGHLAND's right-of-way.
5.5 Pay its equal share of the PROJECT costs if the grant funding is relinquished. deobligated or
otherwise not funded in an amount not to exceed 20% of the estimated cost of the PROJECT.
5.6 Pay to DISTRICT, after bid opening and prior to award of contract to successful bidder, funding
in the amount of $788,032. The amount described in this paragraph is in addition to the amount
described in section 5.1. Upon DISTRICT's receipt of grant funds from FHWA and State OES,
DISTRICT shall reimburse HIGHLAND the difference between its final cost share and the
amount HIGHLAND initially funded at PROJECT approval.
6.0 IT IS FURTHER UNDERSTOOD AND AGREED:
6.1 This AGREEMENT shall become effective upon approval by the PARTIES. The Effective Date
of this AGREEMENT shall be the first date on which all of the following has occurred: (1) the
PARTIES Councils and Boards have approved the AGREEMENT; (2) the authorized
Revisecl1/13/2009
Alabama Street at City Creek Road
Page 6 of 18
representative of each has signed the AGREEMENT; and (3) a fully executed copy of the
AGREEMENT has been submitted to all PARTIES.
6.2 All of the DISTRICT's 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 43-7 or Section 43-
26.9 of the San Bernardino County Flood Control Act (Cal. . Water Code App. Sect. 43-1 et
seq.), and (c) grants, advances or contributions in aid of construction, except to the extent such
grants are unrestricted and available for any expenditure of the DISTRICT.
6.3 American Recovery and Reinvestment Act Funding (ARRA)
Use of ARRA Funds and Requirements. This Agreement may be funded in whole or in part
with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"),
signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery
funds for a project for the construction, alternation, maintenance or repair of a public building
or public work (both as defined in 2 CPR 176.140) unless all of the iron, steel and
manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the
United States. A waiver is available under three circumstances: (i) Iron, steel or relevant
manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods
produced in the United States will increase the cost of the overall project by more than 25
percent; or (iii) Applying the domestic preference would be inconsistent with the public
interest. This is referred to as the "Buy American" requirement. Request for waiver must be
made to the District for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through
the Federal Government pursuant to ARRA shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of
Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the
"wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and
wage requirements. The contractors must contact the District contact if they have any
questions regarding the applicability or implementation of the ARRA Buy American and wage
rate requirements. The contractors will also be required to provide detailed information
regarding compliance with the Buy American requirements they have under ARRA. The
information may be required as frequently as monthly or quarterly. The contractors agree to
Revised 1113/2009
Alabama Street at City Creek Road
Page 7 of 18
fully cooperate in providing information or documents as requested by the District pursuant to
this provision. Failure to do so will be deemed a default and may result in the withholding of
payments and termination of this Contract.
The contractors may also be required to register in the Central Contractor Registration (CCR)
database at htto://www.ccr.Qov and may be required to have their subcontractors also
register in the same database. The contractors must contact the District with any questions
regarding registration requirements.
Schedule of Expenditure of Federal Awards. In addition to the requirements described in
"Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA
expenditures in single audits is required. The contractors agree to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of
Management and Budget Circular A-133, "Audits of States, Local Governments, and
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the
Federal award number. the Catalog of Federal Domestic Assistance (CFDA) number, and
amount such that separate accountability and disclosure is provided for ARRA funds by
Federal award number consistent with the recipient reports required by ARRA Section 1512
(c).
In addition, the contractors agree to separately identify to each subcontractor and document
at the time of subcontract and at the time of disbursement of funds, the Federal award
number, any special CFDA number assigned for ARRA purposes, and amount of ARRA
funds.
The contractors may be required to provide detailed information regarding expenditures so
that the District may fulfill any reporting requirements under ARRA described in this section.
The information may be required as frequently as monthly or quarterly. The contractors
agree to fully cooperate in providing information or documents as requested by the District
pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
6.4 This AGREEMENT is contingent upon the ability of the DISTRICT to borrow funds as set forth
in section 1.17 above.
6.5 The DISTRICT agrees to indemnify and hold harmless SAN BERNARDINO, REDLANDS,
IVDA and HIGHLAND. their officers. employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of the DISTRICT, its officers, employees, agents or volunteers in connection with the
DISTRICT's performance of its obligations under this AGREEMENT.
6.6 SAN BERNARDINO agrees to indemnify and hold harmless the DISTRICT, REDLANDS,
IVDA and HIGHLAND, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of SAN BERNARDINO, its officers, employees, agents or volunteers in connection
with SAN BERNARDINO's performance of its obligations under this AGREEMENT.
6.7 REDLANDS agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
IVDA and HIGHLAND. their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of REDLANDS its officers. employees, agents or volunteers in connection with
REDLANDS' performance of its obligations under this AGREEMENT.
Revised 1113/2009
Alabama Street at City Creek Road
Page 8 of 18
6.8 IVDA agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS and HIGHLAND, their officers, employees, agents, and volunteers from any and
all liabilities for injury to persons and damage to property arising out of any negligent act or
omission of IVDA its officers, employees, agents or volunteers in connection with IVDA's
performance of its obligations under this AGREEMENT.
6.9 HIGHLAND agrees to indemnify and hold harmless the DISTRICT, SAN BERNARDINO,
REDLANDS, and IVDA, their officers, employees, agents, and volunteers from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or
omission of HIGHLAND, its officers, employees, agents or volunteers in connection with
HIGHLAND's performance of its obligations under this AGREEMENT.
6.10 In the event the DISTRICT andlor SAN BERNARDINO andlor REDLANDS andlor IVDA
andlor HIGHLAND is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the AGREEMENT, the DISTRICT and/or
SAN BERNARDINO andlor REDLANDS and/or IVDA andlor HIGHLAND shall indemnify the
other PARTIES to the extent of its comparative fault.
6.11 The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND are self-insured public
entities for purposes of Professional Liability, General Liability, and Workers' Compensation.
The DISTRICT, SAN BERNARDINO, REDLANDS and HIGHLAND warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
Workers' Compensation to provide coverage for liabilities arising out of the PARTIES
performance of this AGREEMENT.
6.12 After opening of bids, estimate of cost will be revised based on actual bid prices
6.13 The PARTIES acknowledge that final PROJECT costs may ultimately exceed current
estimates of PROJECT costs and that final PROJECT cost reimbursements from FHWA and
State OES may vary from current estimates. Any additional net PROJECT costs resulting from
increased bid prices or change orders (but not from requested additional work by a PARTY
which is addressed in section 6.19 below) or from shortfalls in FHWAlState OES revenue shall
be borne equally by the PARTIES, as part of said PARTIES' respective obligations to pay for
PROJECT costs.
6.14 If after opening of bids for the PROJECT the submitted bids indicate a cost overrun of no more
than 15% of the current PROJECT cost estimate, DISTRICT may award the AGREEMENT,
and the cost of construction shall be borne equally by the PARTIES as part of said PARTIES'
respective obligations to pay for PROJECT costs.
6.15 If, upon opening of bids, it is found that the costs exceed 15% of the current PROJECT cost
estimate, PARTIES shall endeavor to agree upon an alternative course of action. If, after thirty
(30) days, an alternative course of action is not mutually agreed upon in writing, this
AGREEMENT shall be deemed to be terminated by mutual consent.
6.16 In the event that change orders are required during the course of the PROJECT, said change
orders must be in form and substance as set forth in attached Exhibit "B" of this AGREEMENT
and approved by the PARTIES. Contract Change Order forms will be delivered by fax and
must be returned within two working days.
6.17 If a Contract Change Order arises from unforeseen site conditions (e.g. relocating a utility that
the PARTIES were not aware of) it will be paid by the responsible PARTIES, upon approval of
the Contract Change Order as set forth in section 6.16, in proportion to the location of said
work.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 9 of 18
6.18 The DISTRICT shall notify all PARTIES of administrative overrun of quantities on the
construction bid sheet if it appears that the 10 percent construction contingency will be
exceeded.
6.19 If any PARTY requests additional work that is beyond the scope of the original PROJECT, said
work will be paid solely by the PARTY requesting the work at the construction contract unit
costs.
6.20 The PARTIES recognize that IVDA is merely a funding source and as such has no jurisdiction
over items that may be deemed to be unforeseen site conditions and as such, IVDA shall not
be responsible for the payment of any additional work/costs arising from unforeseen site
conditions.
6.21 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY;
provided, however, that no PARTY may cancel this AGREEMENT after the DISTRICT lets a
contract to construct the PROJECT. In the event of cancellation as provided in this paragraph,
the PROJECT costs required to be paid by the PARTIES prior to the effective date of
cancellation shall be paid equally by the PARTIES.
6.22 Except with respect to the PARTIES' operation. maintenance and indemnification obligations
contained herein, this AGREEMENT shall terminate upon completion of the PROJECT and
payment of final billing by the PARTIES for their shares of the PROJECT.
6.23 This AGREEMENT contains the entire agreement of the PARTIES with respect to subject
matter hereof, and supersedes all prior negotiations, understandings or agreements. This
AGREEMENT may only be modified in writing signed by all PARTIES.
6.24 This AGREEMENT shall be governed by the laws of the State of California. 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. Any dispute or action to enforce any obligation
under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the
County of San Bernardino. In the event of litigation arising from this AGREEMENT, each
PARTY to the AGREEMENT shall bear its own costs, including attorneys' fees regardless of
who is the prevailing PARTY. This provision concerning costs shall not apply to costs or
attorney's fees relative to Paragraphs 6.5 through 6.10.
6.25 Time is of the essence for each and every provision of this AGREEMENT.
6.26 Since the PARTIES or their agents have participated fully in the preparation of this
AGREEMENT, the language of this AGREEMENT shall be construed simply, according to its
fair meaning, and not strictly for any or against any PARTY. Any term referencing time, days
or period for performance shall be deemed work days. The captions of the various articles and
paragraphs are for convenience and ease or reference only, and do not define, limit, augment,
or describe the scope. content, or intent of this AGREEMENT.
6.27 No supplement, modification, or amendment of this AGREEMENT shall be binding unless
executed in writing and signed by all PARTIES.
6.28 PARTIES shall accept all payments 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.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 10 of 18
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6.29 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
6.30 This AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of all PARTIES.
Alabama Street at City Creek Road
Page 11 of 18
Revised 1/13/2009
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA and the
cities of SAN BERNARDINO, REDLANDS and HIGHLAND by their duly authorized officers and the
DISTRICT has caused the same to be duly executed in its name and on its behalf by its duly authorized
representatives, effective as of the date hereunder written.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
~
GARY C. OVITT, Board Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch, Secretary
By
Deputy
Reviewed by Contract Compllance
Presented to Board for Signature
Approved as to Legal Form
~
Counsel
~
~
Date
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 12 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the IVDA,
the DISTRICT, and the cities of REDLANDS and HIGHLAND by their duly authorized officers
and the City of SAN BERNARDINO has caused the same to be duly executed in its name
and on its behalf by its duly authorized representatives. effective as of the date hereunder
written.
Citv of San Bernardino
(Print or type name of corporation, company, contractor, etc.)
.
(Authorized signature - sign in blue ink)
Name Charles e. McNeelv
(Print or type name of person signing contract)
Title Citv Manaoer
(Print or Type)
Dated:
Address 300 N. "D" Street
San Bernardino. CA 92418
Approved as to Legal Fonn
Attested by City Clerk
~
City Attorney
~
City Clerk
Date
Date
Revised 1/1312009
Alabama Street at City Creek Road
Page 13 of 18
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO and HIGHLAND by their duly authorized officers
and the City of REDLANDS has caused the same to be duly executed in its name and on its behalf
by its duly authorized representatives, effective as of the date hereunder written.
Citv of Redlands
(Print or type name of corporation, compeny. contractor. etc)
~
(Authorized signature - sign in blue ink)
Name Jon Harrison
(Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated:
Address 35 Caion Street
Redlands. CA 92373
Approved as to Legal Fonn
Attested by City Clerk
~
City Attomey
~
City Clerk
Date
Date
Revised 1/1312009
Alabama Street at City Creek Road
Page 14 of 18
.
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF. this AGREEMENT has been fully executed on behalf of the IVDA, the
DISTRICT, and the cities of SAN BERNARDINO, and REDLANDS by their duly authorized officers
and City of HIGHLAND has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives, effective as of the date hereunder written.
Citv of Hiahland
(Print or type name of corporation, company, contractor, etc.)
~
(Authorized signature - sign in blue ink)
Name Pennv Lilburn
(Print or type name of person signing contract)
Title Mavor
(Print or Type)
Dated:
Address 27215 Baseline
Hiahland. CA 92346
Approved as to Legal Form
~
City Attorney
Attested by City Clerk
~
City Clerk
Date
Date
Revised 1/13/2009
Alabama Street at City Creek Road
Page 15 of 18
..
ALABAMA STREET AT CITY CREEK - ROAD IMPROVEMENTS
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the cities of
SAN BERNARDINO, REDLANDS and HIGHLAND and the DISTRICT by their duly authorized
officers and the IVDA has caused the same to be duly executed in its name and on its behalf by
its duly authorized representatives, effective as of the date hereunder written.
~
(Authorized
. sign in blue ink)
Name Donald L. Roaers
(Print or type name of person signing contract)
Title Interim Executive Director
(Print or Type)
Dated:
Address 294 So. Leland Norton Way. Suite 1
San Bernardino. CA 92408
Approved as to Legal Form
~
Counsel
Date
Revised 1/1312009
Alabama Street at City Creek Road
Page 16 of 18
.
:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
)
County of San Bernardino )
On April 19. 2010, before me, Kelly K. Berry, Notary Public, personally appeared Michael P. Burrows, who proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted. executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
r.- - . . - - ~=~:IR~. ~l
." NolIrY PulIIIc . ClllIonIiI . I
SIn ~ Caullly
J,.,. _ _ _ _ ,,"~.~:-_2~~~ J
************************OPTIOl'lJ\L****************************
Though the information below is not required by law. it may prove valuable to persons relying on this document and
could prevent fraudulent removal and reattachment of this form to another document.
WI
Description of Attached Document
Title or Type of Document: San Bernardino County Flood Control District F AS Standard Contract [Alabama Street
at City Creek Road Improvements]
Document Date: Revised 1-13-2009
Number of Pages: eighteen (18)
Signer(s) Ot)ler Than Named Above: Representatives from the City of San Bernardino, City of Redlands, City of
Highland and San Bernardino County Flood Control District
Capacity(ies) Claimed by Signer
RIGHT
TIlUMBPRINT
OF SIGNER
Signer's Name: Michael P. Burrows
D Individual
D Corporate Officer - Title(s):
D Partner -- D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
~ther: Assistant Director
Signer is Representing: Inland Valley Development Agency
Top of thumb here
"
I
EXHIBIT "An
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO, CITY OF REDLANDS, CITY OF HIGHLAND,
INLAND VALLEY DEVELOPMENT AGENCY AND THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
FOR ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
TOTAL COST FHWAlState DISTRICT SAN REDLANDS HIGHLAND
DESCRIPTION OF PROJECT OES SHARE BERNARDINO SHARE IVOA SHARE SHARE*
SHARE SHARE
Anticipated Grant/Local $3,159,542 $3,068,862 $18,136 $18,136 $18,136 $18,136 $18,136
Match Per Grant
Approval
97.13% 0.574% 0.574% 0.574% 0.574% 0.574%
Project Cost Not $940,458 $0 $188,092 $188,092 $188,092 $188,092 $188,092
Covered by Grant
0% 20% 20% 20% 20% 20%
GROSS PROJECT COST $4,100,000 $3,068,862 $206,228 $206,228 $206.228 $206,228 $206,228
PER PARTY
74.85% 5.03% 5.03% 5.03% 5.03% 5.03%
Project cost is an estimate and is subject to revision based on actual costs upon project completion. FHWA and State
OES grant amounts may be increased based upon future approval of additional grant funds, which will proportionately
reduce the PARTIES share of the PROJECT costs.
*The City of Highland's initial project funding is in the amount of $994,260. The DISTRICT will reimburse
HIGHLAND an amount above its final cost share for the amount of initial PROJECT funding upon receipt of
grant funds from FHWA and STATE OES.
Revised 1/13/2009
Alabama Street at City Creek Road
Page 17 of 18
.
..
EXHIBIT "B"
CONTRACT CHANGE ORDER REVIEW/APPROVAL
PROJECT:
ALABAMA STREET AT CITY CREEK ROAD IMPROVEMENTS
SAN BERNARDINO FLOOD CONTROL DISTRICT CONTRACT #
File:
Proposed Contract Change Order No. has been reviewed in accordance with the existing
agreements with the San Bernardino County Flood Control District. City of San Bernardino. City of Redlands, Inland
Valley Development Agency and the City of Highland for the above project and the following shall apply:
DATE OF CITY/DISTRICT ACTION: __L--1_
o APPROVED for Implementation with 100% Participation
o APPROVED SUbject to CommentslRevisions Accompanying this Document
o APPROVED With Limited Funding Participation by the CitylDistrict
0 % of Actual Cost to be Funded by the CitylDistrict
o The CitylDistrict Participation Not to Exceed $
o DISAPPROVED -Not Acceotable to the CitvlDistrict
Note: Approval under any of the above conditIons shall in no case be constructed as an agreement to increase
the total financial participation beyond that prescrIbed in the exIsting SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, CITY OF SAN BERNARDINO, CITY OF HIGHLAND, INLAND VALLEY DEVELOPMENT
AGENCY, and CITY OF REDLANDS agreement without separate amendment to saId agreement. Net increases in
costs deriving from this and prevIously approved Contract Change Orders shall not cause the total construction
costs to exceed the sum of the authorized contract total and contingency amounts.
Comments. as follows and/or attached, are conditions of the above action? DYES ONO
CITY/DISTRICT:
CITY/DISTRICT REPRESENTATIVE NAME AND TITLE:
CITYIDISTRICT REPRESENTATIVE SIGNATURE:
Distribution:
Signed Original Returned to San Bernardino County Flood Control District's Resident Engineer (FAX # 909-370-5154)
Revised 1/1312009
Alabama Street at City Creek Road
Page 18 of 18