HomeMy WebLinkAbout14- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution approving a
Cooperative Agreement with the San
Dept: Development Services Bernardino County Flood Control District,
the City of Highland, the City of Redlands
Date: March 2,2010 and the Inland Valley Development Agency
for construction of two arch culverts on
Alabama Street at City Creek south of Yd
Street(SD05-01).
MCC Date: April 5,2010
Synopsis of Previous Council Action:
06/23/09 Allocated funds in the FY 09/10 CIP for Alabama Street Bridge Replacement at
City Creek south of 3`a Street(SD05-01).
01/09/06 Adopted Resolution No. 2006-006 approving a Cooperative Agreement with the
County of San Bernardino, City of Highland, IVDA and the City of Redlands for
design of an interim box culvert replacement at Alabama Street and City Creek and
authorizing the Director of Finance to amend the FY 2005-06 budget.
12/19/05 Adopted Resolution No. 2005-426 approving an Agreement with the County of San
Bernardino Flood Control District and City of Redlands to fund emergency repairs
of Alabama Street and the City Creek Crossing.
Recommended Motion: 'k�e' ,,t /
Adopt Resolution. ri M
Valerie C. Ross
Contact person: Robert Eisenbeisz, City Engineer Phone: 5203
Supporting data attached: Staff Report,Vicinity Map, Resolution, Ward: 1
&Agreement(Attachment"A")
FUNDING REQUIREMENTS: Amount: $262,000
Source: (Acct.Nos.) 248-368-5504-7517
Acct. Description: SD05-01 Alabama Street Box Culvert.
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Agenda Item No. I I
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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving a Cooperative Agreement with the San Bernardino County Flood Control
District, the City of Highland, the City of Redlands and the Inland Valley Development Agency
for construction of two arch culverts on Alabama Street at City Creek south of 3` Street (SD05-
01).
Background:
The City of Highland, the San Bernardino County Flood Control District (District), the Inland
Valley Development Agency (IVDA), and the City of Redlands have proposed a cooperative
project with the City of San Bernardino to construct two arch culverts on Alabama Street at City
Creek south of P Street.
Alabama Street crosses City Creek approximately 1,500 feet south of 3rd Street. The existing
double-box culvert is undersized and has been overtopped by mud and debris during floods twice
in the past 10 years,resulting in serious damage to the roadway and shoulders.
The District has received approval from the Federal Highway Administration (FHWA) for
funding the work in the amount of $3,068,862 and will coordinate with the Federal and State
agencies for reimbursement of claims for the project. The District expects that 88.53% of the
project cost will be reimbursed by FHWA and the State Office of Emergency Services (OES)
will reimburse 8.6% of the original project cost of $3,159,542. Additional costs have been
identified for long term environmental mitigation in the amount of$940,458. These costs were
not included in the original project cost. Therefore, the estimated total project cost is
$4,100,000. The District has agreed to be the lead agency for construction of the project and will
submit a request for funding and final costs to FHWA and the State OES.
The plans call for adding two 48'-wide x 1 P-high arch culverts immediately north of the existing
double-box culvert and re-grading the channel to direct flows into the new culverts. The new
arch culverts are designed to convey 100-year debris-laden floodwaters and will minimize the
potential for flood-related damage in the future.
The total estimated cost of the new construction is $4,100,000. The District, Highland, San
Bernardino, IVDA and Redlands will each pay equal shares of the balance of $1,031,138 in
matching cost and costs not covered by the grant. The estimated share to each party is $206,228,
which is equal to 5.03% of the total project cost. Funding details are shown in Exhibit "A"
attached to the Agreement. The District will act as Lead Agency to oversee and administer the
construction and construction engineering of the Project.
After bid opening and prior to award of a contract to the successful bidder, the parties to the
Agreement will be required to pay to the District their proportionate share of the cost of the
project. If the bids exceed 15% of the estimated construction cost of the project, as shown in
said Exhibit"A",the parties must each agree to a higher proportionate share of the cost prior to
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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
award of a contract. If that becomes the case, then staff will bring the Cooperative Agreement
back to the Mayor and Common Council for approval of the increased cost or cancellation of the
Agreement.
In addition to paying equal shares of the cost, the District will provide initial funding of
$2,487,056 and Highland will provide initial funding of $994,260, which together with the
proportionate shares from the other parties will provide sufficient funding to award the
construction contract. After completion of construction, the District will seek reimbursement
from FHWA and OES at the reimbursement rates indicated above. Additionally, Highland will
be reimbursed from grant funds any amount over its equal share
Under terms of the Agreement, the final cost to each party will be based on the actual total
Project cost less actual reimbursement from FHWA and OES. Those costs will include
construction engineering, construction cost, change orders and cost over-runs, and the cost of
installing and maintaining environmental mitigation. The cost of change orders, over-runs and
environmental mitigation are very difficult to estimate accurately, therefore approximately 15%
has been added to each parties share of the cost as shown in Exhibit A.
The District has completed the plans for this project and expects to start construction in the
summer of 2010. Construction is expected to be completed by the summer of 2011. Complete
closure of Alabama Street at the crossing will be necessary for approximately one year during
construction. Local access will be maintained for the sand and gravel operation located near the
crossing. The District will manage the construction and inspection with City staff acting in an
oversight and coordinating capacity.
The City of Highland, the District, IVDA and the City of Redlands have all approved the
Cooperative Agreement. San Bernardino is the only party that has not yet approved the
Agreement.
The District requires that seven (7) originals of the Agreement be executed and returned to them
for processing before the Board of Supervisors. The County will return one fully executed copy
to the City after approval.
Financial Impact:
The estimated costs for the City of San Bernardino are as follows:
Estimated construction cost San Bernardino's share $206,228
Contingencies(approximately 15% 30,772
City staff oversight 25,000
Total = $262,000
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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Adequate funding to cover the cost of this project is available in the FY 09/10 Budget in Account
No. 248-368-5504-7517 "SD05-01 Alabama Street Bridge Replacement Study at City Creek
south of 3`d Street".
The District expects that 88.53%of the project cost will be reimbursed by FHWA and 8.6% will
be reimbursed by the State Office of Emergency Services (OES). These reimbursement rates are
estimates and, upon completion of construction, the Parties may be required to fund any shortfall
resulting for reduction in reimbursement from FHWA and OES. Conversely, if bids are
favorable, excess funds may be available to the Parties.
Account Budgeted Amount: 290 000. Balance as of: 03/16/2010.
Balance after approval of this item: 2&000.
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
Attachments:
1 -Vicinity Map
2 -Resolution
3 -Agreement
4
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,_Yat,on2"D.m:_NAVTEQ
VICINITY MAP
CONSTRUCTION OF TWO ARCH CULVERTS ON
ALABAMA STREET AT CITY CREEK SOUTH OF 3RD
STREET (SS05-17 & SD05-01)
1 RESOLUTION NO. COPY
2 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 (SD05-01).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City,,a cooperative agreement between the San Bernardino
10 County Flood Control District (District), the City of Highland, the City of Redlands, the Inland
11
Valley Development Agency (IVDA) and the City of San Bernardino for construction of
12
13 Alabama Street at City Creek - Road Improvements (SD05-01) as shown in said agreement. A
14 copy of said cooperative agreement is attached as Attachment"A"and made a part hereof.
15 SECTION 2. The authorization to execute the above-referenced agreement is rescinded
16 if the parties to the agreement fail to execute it within ninety (90) days of the passage of this
17 resolution.
18 u
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25
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1 RESOLUTION ... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
2 WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
(DISTRICT), THE CITY OF HIGHLAND, THE CITY OF REDLANDS AND THE
3 INLAND VALLEY 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
6 Common Council of the City of San Bernardino at a meeting thereof, held on the
7 day of 2010, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 DESJARDINS
11 BRINKER
12
SHORETT
13
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18 City Clerk
19
The foregoing resolution is hereby approved this day of 2010.
20
21
22 Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26 I
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-2-
ATTACHMENT"A"
Nt�,rtPo OFFICIAL USE ONLY
New Vendor Code SC Deot. Contract Number
g Change
® p Cancel
o x
Flood Control District Dept. Orgn. Contractors License No.
Flood Control District 097 097
Flood Control District Representative Telephone Total Contract Amount
San Bernardino County $1,612,944
FLOOD CONTROL DISTRICT Melissa Walker 909 387-8120
Contract Type
F A S ® Revenue ❑ Encumbered ❑ Unencumbered ❑ Other:
If not encumbered or revenue contract type,provide reason:
STANDARD CONTRACT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
RFF 092 092 8842 78F2082 $1,612,944
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount tlD
Alabama Street at City 09110 $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
Name
City of San Bernardino hereinafter called SAN BERNARDINO
Address
300 North D Street
San Bernardino, CA 92418
Telephone Federal ID No.or Social Security No.
909 384-5211
Name
City of Redlands hereinafter called REDLANDS
Address
35 Cajon Street
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
909 798-7655
Auditor/Controller-Recorder Use Onl
❑Contract Database ❑FAS
Input Date Keyed By
Page 1 of 18
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Name
City of Highland hereinafter called HIGHLAND
Address
27215 Baseline
Highland CA 92346
Telephone Federal ID No.or Social Security No.
909-864-6861
Name
Inland Valley Development Agency hereinafter called IVDA
Address
294 So. Leland-Norton Way Suite 1
San Bernardino, CA 92408
Telephone Federal ID 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
Revised 1 n ai2009 Alabama Street at City Creek Road Page 2 of 18
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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
WHEREAS, the DISTRICT has received approval from FHWA for the funding of the permanent restoration
work and will coordinate with FHWA and State DES 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 DES 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 cast 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:
.0 DISTRICT AGREES TO
Revised 1/1 3/2009 Alabama Street at City Creek Road Page 3 of 18
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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 DES 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 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 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.
Revised 1/13/2009 Alabama Street at City Creek Road Page 4 of 18
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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.
z
1.16 Upon receipt of grant funds from FHWA and State DES, 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.
Revised 111312009 Alabama Street at City Creek Road Page 5 of 18
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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 (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 DES,
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:
Revised 1/1312009 Alabama Street at City Creek Road Page 6 of 18
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 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
Revised 1/13/2009 Alabama Street at City Creek Road Page 7 of 18
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 http,//www.ccr.gov 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,
NOW 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
Revised 111312009 Alabama Street at City Creek Road Page 8 of 18
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
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 and/or REDLANDS and/or IVDA
and/or HIGHLAND is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the AGREEMENT, the DISTRICT and/or
SAN BERNARDINO and/or REDLANDS and/or IVDA and/or HIGHLAND shall indemnify the
other PARTIES to the extent of its comparative fault.
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 DES 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 FHWA/State 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.
Revised vi 312009 Alabama Street at City Creek Road Page 9 of 18
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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 in 312009 Alabama Street at City Creek Road Page 10 of 18
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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.
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Remsed 1/13/2009 Alabama Street at City Creek Road Page 11 of 18
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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
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. McNeely
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated,
Address 300 N. "D" Street
San Bernardino, CA 92418
\A yed as to Form + Attested by City Clerk
E
City AttornV City Clerk
Date Date
Revised 1113/2009 Alabama Street at City Creek Road Page 13 of 18
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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.
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
(Pant or Type)
Dated:
Address 35 Caion Street
Redlands CA 92373
Approved as to Legal Form Attested by City Clerk
7 7
City Attorney City Clerk
Date Date
Revised 1113/2009 Alabama Street at City Creek Road Page 14 of 18
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CALABAMA 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.
City of Highland
(Pnht oril"name of corporation,company,contractor,etc.)
(Authorized signature-sign in blue ink)
Name Penny Lilburn
(Pant or type name of person signing contract)
Title Mayor
(Pant or Type)
Dated:
Address 27215 Baseline
Highland CA 92346
Approved as to Legal Form Attested by City Clerk
City Attorney City Clerk
Date Date
Revised 111312009 Alabama Street at City Creek Road Page 15 of 18
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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 Valley Development Agency
(Print or type name of corporation,company, contractor,etc.)
(Authorized signature-sign in blue ink)
Name Donald L Rogers
(Print or type name of person signing contract)
Title 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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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
FHWAISUte SAN REDLANDS HIGHLAND
DESCRIPTION TOTAL COST DISTRICT DES OF PROJECT SHARE SHARE BERNARDINO SHARE SHARE IVDA SHARE SHARE*
Anticipated Grant/Local
Match Per Grant $3,159,542 $3,068,862 $18,136 $18,136 $18,136 $18,136 $18,136
Approval
97.13% 0.574% 0.5748% 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
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%
'roject 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 1/1312009 Alabama Street at City Creek Road Page 17 of 18
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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: / /
❑ APPROVED for Implementation with 100% Participation
❑APPROVED Subject to Comments/Revisions Accompanying this Document
❑ APPROVED With Limited Funding Participation by the City/District
❑ % of Actual Cost to be Funded by the City/District
❑The City/District Participation Not to Exceed $
❑ DISAPPROVED -Not Acceptable to the City/District
ite: Approval under any of the above conditions shall in no case be constructed as an agreement to increase
,ne 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? []YES ❑ NO
CITY/DISTRICT:
CITY/DISTRICT REPRESENTATIVE NAME AND TITLE:
CITY/DISTRICT REPRESENTATIVE SIGNATURE:
stribulion:
Signed Original Returned to San Bernardino County Flood Control District's Resident Engineer(FAX#909-370-5154)
Revised 1113/2009 Alabama Street at City Creek Road Page 18 of 18
O�IYFLO,,',C OFFICIAL USE ONLY
lFloodControl Vendor Code SC Dept. /► Contract Number
SC A rol District Dept. Orgn. Contractors License No.
ontrol District 097 097
District Representative Telephone Total Contract Amount
San Bernardino County $1,612,944
FLOOD CONTROL DISTRICT Walker 909 t Type 20
Contract Type
F A S ® Revenue❑ Encumbered ❑ Unencumbered ❑ Other.
If not encumbered or revenue contract type,provide reason:
STANDARD CONTRACT Commodity Code Contract Start Date Contract End Date OnginalAmount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
RFF 092 092 8842 7BF2082 $1,612.944
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
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
t'ra.r
Name
City of San Bernardino hereinafter Called SAN BERNARDINO
Address
300 North D Street
San Bernardino, CA 92418
Telephone Federal ID No.or Social Security No.
909 384-5211
Name
City of Redlands hereinafter called REDLANDS
Address
35 Cajon Street
Redlands, CA 92373
Telephone Federal ID No.or Social Severity No.
909 798-7655
Auditor/Controller-Recorder Use Only
❑Contract Database D FAS
Input Date Keyed By
Page 1 of 18
Name
City of Highland hereinafter called HIGHLAND
Address
27215 Baseline
Highland, CA 92346
Telephone Federal ID No.or Social Security No.
909-864-6861
Name
Inland Valley Development Agency hereinafter called IVDA
Address
294 So. Leland-Norton Way, Suite 1
San Bernardino, CA 92408
Telephone Federal ID 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
Revised urarzooe Alabama Street at City Creek Road Page 2 of 18
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
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:
i DISTRICT AGREES TO
Rev,sea 1132009 Alabama Street at City Creek Road Page 3 of 18
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, 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 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 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.
Revised 11112009 Alabama Street at City Creek Road Page 4 of 18
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.
Revised 1,13¢009 Alabama Street at City Creek Road Pace 5 of 18
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 (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.t. Upon DISTRICT's receipt of grant funds from FHWA and State OES,
DISTRICT sffaff refmburse HIGHLAND the difference between its final cost share and the
amount HIGHLAND initially funded at PROJECT approval.
IT IS FURTHER UNDERSTOOD AND AGREED:
Revised 1/1312009 Alabama Street at City Creek Road Page 6 of 18
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 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
Revised 1 s 13:2009 Alabama Street at City Creek Road Page 7 of 18
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 hfto://www.ccr.gov 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.
Q 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
Revised 111312009 Alabama Street at City Creek Road Page 8 of 18
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
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.
610 In the event the DISTRICT and/or SAN BERNARDINO and/or REDLANDS and/or IVDA
and/or HIGHLAND is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the AGREEMENT, the DISTRICT and/or
SAN BERNARDINO and/or REDLANDS and/or IVDA and/or HIGHLAND shall indemnify the
other PARTIES to the extent of its comparative fault.
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 FHWA/State 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.
615 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.
Revised 1n312oae Alabama Street at City Creek Road Page 9 of 18
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.
wr► 6.27 No supplement, modification, or amendment of this AGREEMENT shall be binding unless
executed in writing and signed by all PARTIES.
Revised 11112009 Alabama Street at City Creek Road Page 10 of 18
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 Alabama Street at City Creek Road Page 11 of 18
ALABAMA STREET AT CITY CREEK — ROAD IMPROVEMENTS
l 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
Revised v13 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. McNeely
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated:
.Address 300 N. "D" Street
San Bernardino, CA 92418
A d as to Forrn Attestetl by City Clerk
City Attome City Clerk
Date �' j �� Date
Revlsea V13:2009 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.
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 or person signing contract)
Title Mayor
(Print or Type)
Dated:
Address 35 Cajon Street
Redlands CA 92373
Approved as to Legal Form Attested by City Clerk
City Attorney City Clerk
Date Date
\r�
Revised lltai2009 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.
City of Highland
(Print or type name of corporation company,contractor,etc.)
(Authorized signature-sign in blue ink)
Name Penny Lilburn
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:
Address 27215 Baseline
Cw Highland CA 92346
Approved as to Legal Form Attested by City Clerk
F
City Attorney City Clerk
Date Date
C
Revised 1/132009 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 Valley Development Agency
(Print or type name of corporation, company,contractor,etc.)
(Authorized signature-sign in blue ink)
Name Donald L. Rogers
(Print or type name of person signing contract)
Title Executive Director
(Print or Type)
Dated:
Address 294 So. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Approved as to Legal Form
I
Counsel
Date
C
Rev,seed 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
FHWAIState SAN HIGHLAND
TOTAL COST DISTRICT REDLANDS
DESCRIPTION OF PROJECT SHARE SHARE BERNARDINO SNARE NO SHARE IVDA SHARE e
SHARE
Anticipated Grant/Local
Match Per Grant $3,159,542 $3,068,862 $18,136 $18,136 $18,136 $18,136 $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%
roject 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 113,2009 Alabama Street at City Creek Road Pace 17 of 18
EXHIBIT "B"
f 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: / /
❑ APPROVED for Implementation with 100% Participation
❑ APPROVED Subject to Comments/Revisions Accompanying this Document
❑ APPROVED With Limited Funding Participation by the City/District
❑ % of Actual Cost to be Funded by the City/District
❑ The City/District Participation Not to Exceed $
❑ DISAPPROVED-Not Acceptable to the City/District
!ote: 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? ❑ YES ❑ NO
CITY/DISTRICT:
CITY/DISTRICT REPRESENTATIVE NAME AND TITLE:
CITY/DISTRICT REPRESENTATIVE SIGNATURE:
.istribution:
Signed Original Returned to San Bernardino County Flood Control District's Resident Engineer(FAX#909-370-5154)
Revised 113,2009 Alabama Street at Citv Creek Road Pape 18 of 18