HomeMy WebLinkAbout2013-266 1 RESOLUTION NO. 2013-266
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE SAN
3 BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR LEVEE AND
4 PAVEMENT MODIFICATIONS AT CAMPUS PARKWAY AND NORTHPARK
BOULEVARD (SS08-001).
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager is hereby authorized and directed to execute a
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Cooperative Agreement between the San Bernardino County Flood District and the City of
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San Bernardino for Devil Creek Levee and Pavement Modifications at Campus Parkway and
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11 Northpark Boulevard (SS08-001), a copy of which is attached as Attachment "A" and
12 incorporated herein.
13 SECTION 2. The authorization to execute the above-referenced agreement is
14 rescinded, if the parties to the agreement fail to execute it within ninety (90) days of the
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passage of this resolution.
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2013-266
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE SAN
2 BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR LEVEE AND
PAVEMENT MODIFICATIONS AT CAMPUS PARKWAY AND NORTHPARK
3 BOULEVARD (SS08-001).
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 meeting
Common Council of the City of San Bernardino at a joint regular g
6
thereof, held on the 16th day of September , 2013, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10
JENKINS x
11
12 VALDIVIA x
13 SHORETT x
14 KELLEY x
15 JOHNSON x
16 MCCAMMACK x
17 .,...
18 '? j.t .„ x -
19 GeorgeandHanna, Cit. Clerk
20 The foregoing resolution is hereby approved this ( o day of September , 2013.
21
Patri• • is, Mayor
23 City o ernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City ttorney
26 ' Q
By. ,.�,. , •I' am+..
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2013-266
ATTACHMENT "A"
COOPERATIVE AGREEMENT WITH
THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT FOR
DEVIL CREEK LEVEE MODIFICATIONS
2013-266
FOR OFFICIAL USE ONLY
Ja New FAS Vendor Code Dept. /► Contract Number
vt�hJ a Change SC A
❑ Cancel
. .
ePro Vendor Number ePro Contract Number
�
S' Dept. Orgn. Contractor's License No
Flood Control District 092 092
Contract Representative Telephone Total Contract Amount
San Bernardino County Melissa L.Walker (909)387-7995 $200,000
Flood Control District Contract Type
EA Revenue rl Encumbered n Unencumbered fl Other:
If not encumbered or revenue contract type,provide reason:
F A S Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
STANDARD CONTRACT $ $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
RFF 092 092 8842 F02483 $200,000
Fund Dept. Organization Appr. ObjlRev Source GRC/PROD/JOB No. Amount
1
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
Project Name Estimated Payment Total by Fiscal Year
City of San Bernardino FY Amount I/D FY Amount I/D
Devil Creek Levee FY 13/14 $200,000 _
Restoration project
THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, hereinafter called the DISTRICT, and
Name
City of San Bernardino hereinafter called CITY
Address
300 N."D"Street-3rd Floor
San Bernardino, CA 92418-0001
Telephone Federal ID No.or Social Security No.
(909)384-5140
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the DISTRICT and the CITY are signatories to this AGREEMENT and shall be collectively referred to
as"the PARTIES"; and
WHEREAS, the Devil Creek Levee ("levee") restoration project (hereinafter referred to as "PROJECT") is intended
to restore the levee height to its design elevation of 1,599 feet; and
WHEREAS, the PROJECT is necessary to achieve an "acceptable" rating from the Army Corps of Engineers
(ACOE) in their levee safety program; and
AudflorControlerllloasurerlrax Collector Use Only
0 Contract Database 0 FAS
Input Date Keyed By
Page 1 of 11
2013-266
WHEREAS, if the PROJECT is not completed, the levee may receive an "unacceptable rating" from the ACOE
which will result in the levee being removed from its Rehabilitation and Inspection Program; and
WHEREAS, the southwest corner of the levee was initially lowered by a developer known as University Park,
LLC in 2004 in connection with their project located at the intersection of North Park Boulevard and Campus
Parkway, in the City of San Bernardino; and
WHEREAS, the lowering of the levee was not include within the scope of permitted activities issued under
permit P-22004058 to University Park dated October 8, 2004; and
WHEREAS, permit P-22004058 was subsequently amended on January 20, 2011 to substitute the CITY as
Permittee; and
WHEREAS, the CITY submitted an additional permit amendment request, dated July 12, 2012, to readjust the
road and restore the levee back to its design height; and
WHEREAS, permit P-22004058 included a general provision #16 that allows the District to perform the work and
invoice the CITY; and
WHEREAS, due to the current financial situation of the CITY, the CITY is unable to readily commit to perform
the necessary restoration work required of the PROJECT in a timely manner; and
WHEREAS, the CITY'S bidding process would result in a delay of several months in preparation for the
construction of the PROJECT; and
WHEREAS, it is imperative that the restoration of the levee be accomplished as quickly as possible, as failure to
restore the levee height would result in the ACOE posting the "unacceptable" rating as final on the public
National Levee Database; and
WHEREAS, the DISTRICT can perform the necessary restoration work in accordance with general permit
provision#16; prior to the ACOE posting the"unacceptable" rating; and
WHEREAS, the DISTRICT will act as the PROJECT's Lead Agency, as stipulated under SECTION 1.1 below;
and
WHEREAS, the DISTRICT is willing to construct the PROJECT; and
WHEREAS, the CITY will reimburse the DISTRICT for the entire cost of the construction of the PROJECT; and
WHEREAS,the DISTRICT'S total cost for the PROJECT is estimated to be Two Hundred Thousand ($200,000),
based on the cost estimate in Exhibit "A"with fee ordinance labor rates in Exhibit "B" and includes the localized
reconstruction of the levee and roadway; and
WHEREAS, upon completion of the PROJECT as set forth in SECTION 1.11, the DISTRICT shall continue to
own, operate and maintain the levee; and
WHEREAS, upon completion of the PROJECT as set forth in SECTION 2.7, the CITY, shall continue to own,
operate and maintain Devil Canyon Road; 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:
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Page 2 of 11
2013-266
SECTION I
1.0 DISTRICT AGREES TO:
1.1 Act as the Lead Agency to accomplish construction of the PROJECT.
1.2 Provide notification to the CITY of any meetings related to the PROJECT and schedule meetings to
ensure that CITY has the opportunity to attend.
1.3 Prior to PROJECT construction, obtain from CITY all necessary approved drawings, reports and
other technical documents related to the PROJECT, and coordinate progress and obtain comments
from CITY.
1.4 Obtain a no-cost permit from the CITY for the portion of the PROJECT constructed within CITY
owned land and/or easements.
1.5 Ensure PROJECT is constructed in accordance with the plans and specifications submitted by the
CITY and approved by the ACOE.
1.6 Perform construction of the PROJECT in accordance with the California Public Contract Code.
1.7 Fund initial actual PROJECT costs, estimated at $200,000, which shall be reimbursed by CITY as
set forth in SECTIONs 2.1 and 2.2.
1.8 DISTRICT shall not be responsible to pay any additional costs, except when it has requested
additional work pursuant to SECTION 3.8.
1.9 Upon completion and acceptance of the PROJECT by the PARTIES, submit to the CITY a final
itemized accounting of actual PROJECT costs incurred, including all costs of additional work
requested by the CITY pursuant to SECTION 3.8, whether or not the CITY has already paid the
DISTRICT for the cost of such additional work. The DISTRICT shall not be responsible for any costs
except pursuant to SECTION 3.8. CITY shall pay all PROJECT costs, except costs attributable to
DISTRICT pursuant to SECTION 3.8.
1.10 Upon completion and acceptance of the PROJECT by the PARTIES, submit a Request for
Reimbursement to the CITY, with itemized accounting of all actual costs funded by the DISTRICT
including all supporting data, in accordance with SECTION 2.2.
1.11 Upon completion of the PROJECT, DISTRICT shall continue to own, operate and maintain the Devil
Creek Levee.
1.12 Provide status reports regarding the PROJECT to the CITY upon request.
1.13 Retain or cause to be retained for audit by the CITY or other government auditors for a period of
three (3) years from the date of the final payment, all records and accounts relating to the
PROJECT.
SECTION II
2.0 CITY AGREES TO:
2.1 Reimburse DISTRICT for all actual PROJECT costs, estimated at $200,000. CITY acknowledges
that, due to change orders and other increases during construction of the PROJECT, PROJECT
costs may increase.
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2013-266
2.2 Reimburse DISTRICT for all costs of the PROJECT within thirty (30) days after receipt of an
itemized statement, setting forth all actual PROJECT costs incurred by the DISTRICT which have
not already been paid by the CITY,together with adequate documentation of said expenditures.
2.3 Arrange for relocation of any utilities that interfere with construction of the PROJECT within the
PROJECT sites.
2.4 Pay all costs for the PROJECT as set forth in Section 2.1.
2.5 Submit to the DISTRICT approved contract plans, specifications, engineer's cost estimates and any
other applicable documents to construction the PROJECT.
2.6 Process necessary environmental documents as required and obtain required environmental
agencies' clearances for construction of the PROJECT, and provide the same to the DISTRICT prior
to the PROJECT construction.
2.7 Upon completion of the PROJECT in full compliance with the terms of this agreement, and after
which DISTRICT or its designee has issued a letter of completion to the CITY, the CITY shall
continue to own, operate and maintain Devil Canyon Road.
2.8 Provide permit(s) at no-cost, when necessary, to the DISTRICT for its work within CITY right-of-way
for the PROJECT.
2.9 Obtain a no filing fee permit amendment from the DISTRICT for the levee restoration and roadway
modification work. Inspection fees may still apply if additional work is desired by the CITY after the PROJECT
is completed.
SECTION III
3.0 IT IS FURTHER UNDERSTOOD AND AGREED BY BOTH PARTIES THAT:
3.1 The Effective Date of Acceptance of the AGREEMENT shall be the first date upon which all of the
following has occurred: (1) the CITY Council and DISTRICT Board have approved the
AGREEMENT; and (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.
3.2 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
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2013-266
contributions in aid of construction, except to the extent such grants are unrestricted and available for
any expenditure of the DISTRICT.
3.3 All payments shall be made 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 to process EFT payments.
3.4 American Recovery and Reinvestment Act Funding (ARRA).
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 CITY 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 CITY
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 CITY agrees 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.
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. DISTRICT agrees 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, DISTRICT agrees 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.
DISTRICT may be required to provide detailed information regarding expenditures so that the CITY
may fulfill any reporting requirements under ARRA described in this section. The information may be
required as frequently as monthly or quarterly. DISTRICT agrees to fully cooperate in providing
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2013-266
information or documents as requested by the CITY 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.
3.5 Indemnification and Insurance.
Indemnification — The DISTRICT agrees to defend, indemnify and hold harmless the CITY, its
officers, employees, agents, and volunteers for any and all claims, losses, actions, damages and/or
liability arising out of this agreement from any cause whatsoever, including any costs or expenses
incurred by DISTRICT, except as prohibited by law.
The CITY agrees to defend, indemnify and hold harmless the DISTRICT, its officers, employees,
agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out
this agreement from any cause whatsoever, including any costs or expenses incurred by CITY,
except as prohibited by law.
In the event that the DISTRICT and/or CITY are determined to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under this agreement,
the DISTRICT and/or CITY shall indemnify the other to the extent of its comparative fault.
Waiver of Subrogation Rights —The DISTRICT shall require the carriers of required coverages to
waive all rights of subrogation against the CITY, its officers, employees, agents, volunteers,
contractors and subcontractors. All general or auto liability insurance coverage provided shall not
prohibit the DISTRICT and DISTRICT's employees or agents from waiving the right of subrogation
prior to a loss or claim. The DISTRICT hereby waives all rights of subrogation against the CITY.
The CITY shall require the carriers of required coverages to waive all rights of subrogation against
the DISTRICT, its officer, employees, agents, volunteers, contractors and subcontractors. All
general or auto liability insurance coverage provided shall not prohibit the CITY and CITY's
employees or agents from waiving the right of subrogation prior to a loss or claim. The CITY hereby
waives all rights of subrogation against the DISTRICT.
3.6 Both PARTIES agree the effective date of completion of this AGREEMENT shall be the date upon
which the CITY has reimbursed the DISTRICT pursuant to SECTIONs 2.1 and 2.2.
3.7 If costs exceed $200,000 for the PROJECT, DISTRICT and CITY agree to negotiate in good faith
regarding an alternative course of action prior to proceeding.
3.8 If a PARTY requests additional work that is beyond the scope of the original PROJECTS, said work
will be paid solely by the PARTY requesting the work, except for work not originally included in the
PROJECT that is still associated with the levee restoration work, in which case the CITY shall still
bear this additional cost
3.9 In the event that change orders are required during the course of the PROJECT, said change
orders must be in writing and approved by the PARTIES within two (2) working days of submittal.
3.10 Since the PARTIES or their agents have participated fully in the preparation of this AGREEMENT,
the language of this AGREEMENT shall be construed simply, according to its fair meaning, and not
strictly for any or against any party. Any term referencing time, days or period for performance shall
be deemed work days. The captions of the various articles and paragraphs are for convenience and
ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent
of this AGREEMENT.
3.11 No supplement, modification, or amendment of this AGREEMENT shall be binding unless executed
in writing and signed by all PARTIES.
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2013-266
3.12 All notices, approvals, consents or other documents required or permitted under this AGREEMENT
shall be in writing and, except as otherwise provided herein, shall be effective upon personal
delivery or three days after deposit in the United States mail, certified, with first class postage fully
prepaid, addressed as follows:
City of San Bernardino San Bernardino County
300 North "D" Street, Third Floor Flood Control District
San Bernardino, CA 92418-0001 825 East Third Street, Room 108
San Bernardino, CA 92415-0835
3.13 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same
or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed
by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.
3.14 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, California. In the event of
litigation arising from this AGREEMENT, each PARTY to the AGREEMENT shall bear its own costs,
including attorney's fees. This provision concerning costs shall not apply to costs or attorney's fees
relative to SECTION 3.5 of this agreement.
3.15 Except with respect to the PARTIES' operation, maintenance and indemnification obligations
contained herein, this AGREEMENT shall terminate upon the completion of the PROJECTS and final
payment by the CITY to DISTRICT.
3.16 This AGREEMENT contains the entire AGREEMENT of the PARTIES with respect to subject matter
hereof, and supersedes all other prior negotiations, understandings or contracts. This AGREEMENT
may only be modified in writing, signed by all PARTIES.
3.17 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY, provided
however, that no PARTY may cancel this AGREEMENT without cause after DISTRICT starts the
construction of the PROJECT.
3.18 The Recitals preceding the terms of this AGREEMENT are incorporated into the terms hereof by this
reference and constitute constructive terms of this AGREEMENT.
3.19 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
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2013-266
CITY OF SAN BERNARDINO DEVIL CREEK LEVEE RESTORATION PROJECT
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT and the
CITY by their duly authorized officers, effective as of the date hereunder written.
This AGREEMENT shall inure to the benefit of and to be binding upon the successors and assigns both
PARTIES.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
Janice Rutherford, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H.Welch, Clerk
By Deputy
Approved as to Legal Form Reviewed by Contract Compliance Presented to Board for Signature
Counsel
Date Date Date
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2013-266
CITY OF SAN BERNARDINO DEVIL CREEK LEVEE REPAIR PROJECT
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT and the
CITY by their duly authorized officers, effective as of the date hereunder written.
This AGREEMENT shall inure to the benefit of and to be binding upon the successors and assigns both
PARTIES.
City of San Bernardino
(Print or type name of corporation,company,contractor,etc.)
(Authorized signature-sign in blue ink)
Name Allen Parker
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated:
Address 300 N, "D" Street-3rd Floor
San Bernardino, CA 92418-0001
A..roved as to Form Attested by City Clerk
Ci;.mey ;- City Clerk
ttee 016"&"^14."^14. (% 24/3 Date
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2013-266
EXHIBIT "A".
CITY OF SAN BERNARDINO DEVIL CREEK LEVEE REPAIRS
COST ESTIMATE
Revised 3122/2013 Page 10 of 11
2013-266
wig , City of San Bernardino, California
Department of Public Works
�o COST ESTIMATE
PROJECTAFENCING PLAN AND HARDSCAPE IMPROVEMENTS DATE: 03/05/2013
AT NORTHPARK BLVD.&CAMPUS PARKWAY ESTIMATED BY: MWG
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
BID SCHEDULE
DWG.NO: 12827 WO NO.: 7874
C.I.P.NO: FILE NO.: SS 08-001
ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE(t) TO(s)L
1 MOBILIZATION 1 LS $5,000.00 $5,000
2 TRAFFIC CONTROL 1 LS $4,000.00 $4,000
3 CLEARING and GRUBBING. 1 LS $8,000.00 $8,000
4 EARTHWORK(REMOVE EXISTING TEMP.EARTH BERM AND RECOMPACT AT 90%) 200 CY $50.00 $10,000
5 6 FOOT HIGH CHAIN LINK FENCE PER SBCFCD STANDARD DRAWING. 150 LF $20.00 $3,000
8, 20'DOUBLE CHAIN LINK FENCE GATE PER SBCFCD STANDARD DRAWING. 1 EA $2,000.00 $2,000
7 PCC DEPRESSED CURB 21 LF $30.00 $630
8 RIP-RAP(GROUTED) 2,980 SF $12.00 $35,760
9 8"PCC CURB 65 LF $25.00 $1,625
10 SUBGRADE PERPARATION 6,262 SF $2.00 $12,524
11 10"PCC PAVEMENT W/#4@ 12"OC 6,262 SQ $5.50 $34,441
12 REMOVE EXISTING PIPE GATE 1 LS $1,000.00 $1,000
13 THERMOPLASTIC MARKING AND STRIPING 1 LS $1,000.00 $1,000
14 NPDES REQUIREMENTS for SWPPPIWQMP 1 LS $3,500.00 $3,500
15 SURVEYING SERVICE,per Section 6-1.10 1 LS $2,000.00 $2,000
TOTAL BID SCHEDULE $124,480
ENGINEERING&INSPECTION(15%+I-) $18,672
CONTINGENCIES(15%+1.) $18,672
TOTAL COST ESTIMATE $161,824
2013-266
EXHIBIT "B"
FLOOD CONTROL DISTRICT FEE SCHEDULE
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2013-266
San Bernardino County Flood Control District
Schedule of Fees Ordinance No FCD 13411
EffectIveJuy 18.2013
(a) Pert/IS ON pwm3.arnendrnsnte (o) Plans and special provisions:
1 Storm drain construction: 1. Plans(CD)and special provsbns(hardoopy)plus
A Side drain construction
(Up to 4'x4'reinforced concrete box(ROC)or 48'diameter reinforced concrete pipe(RCP)): 2, Plans and special provisions(CO)plus applicable
I Fling fee(non-refundable)„, ,,,, ..,,,,,.., „ , 0 68000
II,. Review roe(for each connection)... ,, , Actual Coal as deserted 3 Making charge,If applicable-regular mail(CD only) $ 1.75
4. Mailing charge,If applicable-express mail(CD only) $ 17,75
Renew lee initial depostt _. .._,..,...,..0 3,000,00 lea wnnection (c) Reproduction services:
III Inspection lac ,, .;...,. $2,870,00 /ea connection 1, Maps exhibits and dens
2 GeMIW ail m$e ollinwa wee.
A Fling lee(non-refundable), , _.,,. „,.. ,,,.. .,.. S 470,00 B Plotting Service(3 square feet nn roam). $ 0 60 /sq,ft
B. Renew fee(non-refundable) ,,, .. Actual Cost as deserted 2 MiaCkilia e@Nedeoumente`
-,,,,,.,,, ,,..,,. in(k)herein(non-refundable) A. Black and while copies
I 8 1/7 x I?... „., ._..0 015 /page
C. Annual inspection fee s,. „ .,.,,,.. ,. .,,.,.,,,,,,S 1,900,00 /ea focetsn
0., Peon*omindm.M[ Ill.. 11"X 17 „. S 0.30 /page
I. General amendment(during contructlon only „ ..., S 1.21000 0, Color copies
IL Administrative Amendment...-...,... _..:... .,., $ 237,00 /each change I 6 1/7 x 11' , S 3.00/page
(changes include name change.sie change and time extension) U Id V?x 14".,, 0 3,10/page
E Confined space video inspection(4 hours minimum),,,, Actual Cost as deserted It 11"x17" , S 325 /page
F Confine) °- in(k)herein (d) Reserved
Confined Space Video Inspection Indal Deposit. ...... .......S 1.300 00 (e) Hydrology manuals... ,..S 83.00 !manual
and use fee of San Bernardino County Flood Control (0 Flood hazard analysis . S 1.701 00 !report
District property(minimum 5600/month for area up to 1 acre,Fee.,,, (5) Hydrologic-climatological research,, ... „,.. 0 45.00 mall-hour
prorated above 1 acre,., „ .,..,-,,., 0 600,00 /acre 1 Biannual report ,, , . . .... S 41,50 !volume
G. Miami inspection fee.,,...,.. .. ,._ , . 2., Transfer of dale(CD/DVD) ., _..,...$ 11,00 /each
Applicable each annroersary date for any perm;extending past I (h) Mapping services:
year term. .. .., ... ......,,0 1,900.00 /ea location 1 Dlgaal data preparation(1/4 hour minimum).,.. , $ 2300 /qrt he
3, Utility Crossings Underground and Aerial(each): 2 Digital data on Cl), 0 10,00 /order
A. Filing fee(non-refundable).- ,., „ 0 380;00 (I) Area drainage plan lees
B. Review lee(non-refundable)_ . Actual Cost ae deserted 1 Upper Etiwanda area ...., ....3 9,79000 /acre
,.. .. ,.. ........... ....,.,,...in(k)herein(non-refundable) 2. San Sevens Creak Area ... ,..0 4405.00 /acre
Review fee Intel depend ..... „ $1,700.00 lea location 3, Comprehensive Storm Drain Plan e3
C, Inspection fee.. ,....:,.. ...... S 1.900,00 (ea location Project 3-5 ., ... .. S 7,159.00 /acre
4,. Parallel Unties(underground or aerial) U) Surplus Property
A. Fling lee(non-refundable) ,. .. . $ 38000 1.. Application fee(nonrefundable). ..., ....= 31,250.00
B, Review lee -.... ,. , .. . Actual Cost as described 2 Appraisal and Administration.,,, ,.. ... Actual Cost as deserted
„,,, ,_ .... ... ...........in(k)herein(non-refundable)
Review lee initial depose, ::, , $1,700,00 Appraisal and Administration fee natal deposit.,._ . $3,500.00
C, Inspection lee, , .,.. „.. _,.,.. , $ 1,70 /lineal ft Potential purchase will be responsible for providing all property boundary
S 1,900.00 minimum surveys.legal descriptions and appraisals of the property The San
5 Major COnstruc0on(including amenmenls): Bernardino County Flood Control Ostrit will review Ore survey work.prepare
A, Filing fee(non-refundable) .... ,..,. .., - $ 850.00 the grant deed and workwrth the Real Estate Services Department to prepare
8. Review fee(non-refundable)_. ,. Actual Cost as described the resolution and Board agenda tern for declaring the property surplus
., . .... in(k)herein(non-refundable) and seek Board of Supervisors approve of the transaction,These fees are in
Renew fee inttial depose ,_....... ,:„ S 5,450 00
addition to the requirement that the purchaser pay fair market value for the
C,,. Inspection lee, , ,., , .,. _, Actual Cost as described in(k)herein property,
Inspection lee mile)deposit , $5,000,00 (k) Actual cost calculations as identified in Sections(a))1)(A)(I).(a)(2)(A),(a((2)(D),
6, Soil removal or select disposal(goods and services). (a)(3)(A),(a)(4fA),(a)(5)(0),(a)(5)(C),(aX6XD)(tl)(i),and(j)(2)of Mrs ordnance,
A Under 50 cubic yards: 1. Actual cost is the sum of
I., Borrow(non-refundable) .. _.. ..S 75:00 A. The products of multiplying the time spent on the project by the San
0. 51 cubic yards to 100 cubic yards Bernardino County Flood Control District personnel by the applicable
I. Borrow(non-refundable)._. . .. ... $ 150.00 hourly charge rates,and
C 101 cubic yards to and Including 10000 cubic yards B, Mileage charges;and
1, Filing fee(non-refundable) , ,,,, .-, ,,,, .,»„S 32500 C Any other costs incurred by the District in processing the project
II Administration and Inspection tee 2 Hourly charge rates and mileage rates:
i Borrow(nan-refundable).,.:... .. .., $ 1.50 /cu yd A. Schedule of Charges:
D. Permit fees for sand and gravel removal over 10,001 cubic yards Personnel Classification,,,, ...,,,, , . Hourly Rate
shall be set by competitive market condlions as determined by bide I Deputy Director. ,............... ..... $ 194 00
or request for proposal,In addition,a filing&inspection fee w91 II Ecological Resource Specialist.,. ,,, $ 93.00
apply as 1011ows lit, Engineering Technician It ,....... 0 79.00
I Filing fee(non.refundable), .. .......$ 431 00 IV. Engineering Technician III. ._........S 87 00
II.., Administration and Inspection lee V. Ergneerng Technician IV,,,, ,,,,,,,,,,,_.$ 100.00
t B crow......... .............. .. .....„,., ., Actual Cost as described In VI, Engineering Technician V .. „ $ 11100
,,..,,,,.„,,;,,,,,,,,,,in(k)herein)non-refundable) VII Equipment Operator l.,,,,..,.,.,,.,,. E 74,00
Inspection fee initial deposit,. ,..,..,. - .,. $2,000.00 VIII Equpment Operator II .. ...,. S 82.00
E. Minor Temporary Ingress(non-refundable) $ 13800 IX. Equpment Operator Ili ,. ..,,,,....3 8600
7 Apiary Rental S;e on Property :,_, . .,.. 1 1,00 per colony X: Equpment Parts Specialist. . 5 5800
A Apiary Rental Site on Property Mlnknum fee. ,, .. , ,,. $ 10000 XI., Maintenance and Construction Supervisor S 9700
8. Gravel Operations: XII.. Maintenance and Construction Supervisor $ 105,00
Note:Gravel operation permits will be negotiated on an XIII, Maintenance and Construction Worker I,:,.,$ 65 00
rowdual bass by Real Estate Services Department and will be XIV.. Maintenance end Construction Worker II. 0 77.00
approved by the District's Board of Directors-Existing gravel operation XV. Office Assistant IL,...,....,,,,..,. ..,.......,S 48.00
permits will be reissued as leases upon eaplration of the perm!,and,if XVI Orrice Assistant Ill.., S 61,00
needed,will be renegotiated,
9„ San Bernardino Flood Control OStrlct Land Use with Board approval:
A Fling fee(non-refundable). ., .,. .. 3 600.00
NOTE'San Bernaroino County Flood Control District land use XX, Public Service Employee,.., ....: S 31 00
permaswill be negotiated as leases on an individual bass,Existing XXI Public Works Engineer It .„... 3 125.00
land use permits will be reissued as leases upon expiration of the XXII Public Works Engineer III..:....................... S 152.90
permit XXIII. Public Works Engineer IV..,.,...... $ 177,00
B. Advertising Structures XXIV.Public Works Operations Supt...............,. S 12700
I. Filing fee)eon-refundable) _ ,,..„ .,, : .. „ s 680,00 XXV. Public Works Operations Supvar,. , ....$ 105,00
II. Annual fee-San Bernardino County Flood Control District XXVI.Secretary I ,._., ,, ..:., ,. $ 87,00
annual land use permits for adverteing elnddures will be XXVII.Stonnwater Program Manager,,,,, .. $ 139.00
negotiated on an individual basis,EadstIn9 permits will be XXVII Supervsing Land Surveyor ,, $ 138.00
reissued as leases upon expiration of the permit XXIX,SupnMsing Planner ,.„,-.._- S 135 00
B, Mileage Charges................ __.....,.,...,. 3 0.86 (mile
r
2013-266
FOR OFFICIAL USE ONLY
.a New FAS Vendor Code Dept. Contract Number
1-ix,e'l 1'Fl000 ❑ Change SC A C[cO ❑ Cancel !J�2"�'/o ePro Contract Number
-;> ,f,� � c ePro Vendor Number
`ib _ Y
14 y Dept. Orgn. Contractor's License No.
Citrate'
Flood Control District 092 092
Contract Representative Telephone Total Contract Amount
San Bernardino County Melissa L.Walker (909)387-7995 $200,000
Flood Control District Contract Type
® Revenue fl Encumbered fl Unencumbered fl Other:
If not encumbered or revenue contract type,provide reason:
F A S Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
STANDARD CONTRACT $ $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
RFF 092 092 1 8842 F02483 $200,000
i
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
I I
Project Name Estimated Payment Total by Fiscal Year
City of San Bernardino FY Amount I/D FY Amount I/O
Devil Creek Levee FY 13/14 $200,000 _
Restoration project _ _
THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, hereinafter called the DISTRICT, and
Name
City of San Bernardino hereinafter called CITY
Address
300 N. "D"Street-3rd Floor
San Bernardino, CA 92418-0001
Telephone Federal ID No.or Social Security No.
(909)384-5140
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the DISTRICT and the CITY are signatories to this AGREEMENT and shall be collectively referred to
as "the PARTIES"; and
WHEREAS, the Devil Creek Levee ("levee") restoration project (hereinafter referred to as "PROJECT") is intended
to restore the levee height to its design elevation of 1,599 feet; and
WHEREAS, the PROJECT is necessary to achieve an "acceptable" rating from the Army Corps of Engineers
(ACOE) in their levee safety program; and
Auditor-Controller/Treasurer/Tax Collector Use Only
❑Contract Database 0 FAS
Input Date Keyed By
Page 1 of 11
2013-266
WHEREAS, if the PROJECT is not completed, the levee may receive an "unacceptable rating" from the ACOE
which will result in the levee being removed from its Rehabilitation and Inspection Program; and
WHEREAS, the southwest corner of the levee was initially lowered by a developer known as University Park,
LLC in 2004 in connection with their project located at the intersection of North Park Boulevard and Campus
Parkway, in the City of San Bernardino; and
WHEREAS, the lowering of the levee was not include within the scope of permitted activities issued under
permit P-22004058 to University Park dated October 8, 2004; and
WHEREAS, permit P-22004058 was subsequently amended on January 20, 2011 to substitute the CITY as
Permittee; and
WHEREAS, the CITY submitted an additional permit amendment request, dated July 12, 2012, to readjust the
road and restore the levee back to its design height; and
WHEREAS, permit P-22004058 included a general provision #16 that allows the District to perform the work and
invoice the CITY; and
WHEREAS, due to the current financial situation of the CITY, the CITY is unable to readily commit to perform
the necessary restoration work required of the PROJECT in a timely manner; and
WHEREAS, the CITY'S bidding process would result in a delay of several months in preparation for the
construction of the PROJECT; and
WHEREAS, it is imperative that the restoration of the levee be accomplished as quickly as possible, as failure to
restore the levee height would result in the ACOE posting the "unacceptable" rating as final on the public
National Levee Database; and
WHEREAS, the DISTRICT can perform the necessary restoration work in accordance with general permit
provision#16; prior to the ACOE posting the "unacceptable" rating; and
WHEREAS, the DISTRICT will act as the PROJECT's Lead Agency, as stipulated under SECTION 1.1 below;
and
WHEREAS, the DISTRICT is willing to construct the PROJECT; and
WHEREAS, the CITY will reimburse the DISTRICT for the entire cost of the construction of the PROJECT; and
WHEREAS, the DISTRICT'S total cost for the PROJECT is estimated to be Two Hundred Thousand ($200,000),
based on the cost estimate in Exhibit "A" with fee ordinance labor rates in Exhibit "B" and includes the localized
reconstruction of the levee and roadway; and
WHEREAS, upon completion of the PROJECT as set forth in SECTION 1.11, the DISTRICT shall continue to
own, operate and maintain the levee; and
WHEREAS, upon completion of the PROJECT as set forth in SECTION 2.7, the CITY, shall continue to own,
operate and maintain Devil Canyon Road; 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:
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2013-266
SECTION I
1.0 DISTRICT AGREES TO:
1.1 Act as the Lead Agency to accomplish construction of the PROJECT.
1.2 Provide notification to the CITY of any meetings related to the PROJECT and schedule meetings to
ensure that CITY has the opportunity to attend.
1.3 Prior to PROJECT construction, obtain from CITY all necessary approved drawings, reports and
other technical documents related to the PROJECT, and coordinate progress and obtain comments
from CITY.
1.4 Obtain a no-cost permit from the CITY for the portion of the PROJECT constructed within CITY
owned land and/or easements.
1.5 Ensure PROJECT is constructed in accordance with the plans and specifications submitted by the
CITY and approved by the ACOE.
1.6 Perform construction of the PROJECT in accordance with the California Public Contract Code.
1.7 Fund initial actual PROJECT costs, estimated at $200,000, which shall be reimbursed by CITY as
set forth in SECTIONs 2.1 and 2.2.
1.8 DISTRICT shall not be responsible to pay any additional costs, except when it has requested
additional work pursuant to SECTION 3.8.
1.9 Upon completion and acceptance of the PROJECT by the PARTIES, submit to the CITY a final
itemized accounting of actual PROJECT costs incurred, including all costs of additional work
requested by the CITY pursuant to SECTION 3.8, whether or not the CITY has already paid the
DISTRICT for the cost of such additional work. The DISTRICT shall not be responsible for any costs
except pursuant to SECTION 3.8. CITY shall pay all PROJECT costs, except costs attributable to
DISTRICT pursuant to SECTION 3.8.
1.10 Upon completion and acceptance of the PROJECT by the PARTIES, submit a Request for
Reimbursement to the CITY, with itemized accounting of all actual costs funded by the DISTRICT
including all supporting data, in accordance with SECTION 2.2.
1.11 Upon completion of the PROJECT, DISTRICT shall continue to own, operate and maintain the Devil
Creek Levee.
1.12 Provide status reports regarding the PROJECT to the CITY upon request.
1.13 Retain or cause to be retained for audit by the CITY or other government auditors for a period of
three (3) years from the date of the final payment, all records and accounts relating to the
PROJECT.
SECTION II
2.0 CITY AGREES TO:
2.1 Reimburse DISTRICT for all actual PROJECT costs, estimated at $200,000. CITY acknowledges
that, due to change orders and other increases during construction of the PROJECT, PROJECT
costs may increase.
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2013-266
2.2 Reimburse DISTRICT for all costs of the PROJECT within thirty (30) days after receipt of an
itemized statement, setting forth all actual PROJECT costs incurred by the DISTRICT which have
not already been paid by the CITY,together with adequate documentation of said expenditures.
2.3 Arrange for relocation of any utilities that interfere with construction of the PROJECT within the
PROJECT sites.
2.4 Pay all costs for the PROJECT as set forth in Section 2.1.
2.5 Submit to the DISTRICT approved contract plans, specifications, engineer's cost estimates and any
other applicable documents to construction the PROJECT.
2.6 Process necessary environmental documents as required and obtain required environmental
agencies' clearances for construction of the PROJECT, and provide the same to the DISTRICT prior
to the PROJECT construction.
2.7 Upon completion of the PROJECT in full compliance with the terms of this agreement, and after
which DISTRICT or its designee has issued a letter of completion to the CITY, the CITY shall
continue to own, operate and maintain Devil Canyon Road.
2.8 Provide permit(s) at no-cost, when necessary, to the DISTRICT for its work within CITY right-of-way
for the PROJECT.
2.9 Obtain a no filing fee permit amendment from the DISTRICT for the levee restoration and roadway
modification work. Inspection fees may still apply if additional work is desired by the CITY after the PROJECT
is completed.
SECTION III
3.0 IT IS FURTHER UNDERSTOOD AND AGREED BY BOTH PARTIES THAT:
3.1 The Effective Date of Acceptance of the AGREEMENT shall be the first date upon which all of the
following has occurred: (1) the CITY Council and DISTRICT Board have approved the
AGREEMENT; and (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.
3.2 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
Revised 3/22/2013 Page 4 of 11
• 2013-266
contributions in aid of construction, except to the extent such grants are unrestricted and available for
any expenditure of the DISTRICT.
3.3 All payments shall be made 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 to process EFT payments.
3.4 American Recovery and Reinvestment Act Funding (ARRA).
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 CITY 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 CITY
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 CITY agrees 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.
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. DISTRICT agrees 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, DISTRICT agrees 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.
DISTRICT may be required to provide detailed information regarding expenditures so that the CITY
may fulfill any reporting requirements under ARRA described in this section. The information may be
required as frequently as monthly or quarterly. DISTRICT agrees to fully cooperate in providing
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2013-266
information or documents as requested by the CITY 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.
3.5 Indemnification and Insurance.
Indemnification — The DISTRICT agrees to defend, indemnify and hold harmless the CITY, its
officers, employees, agents, and volunteers for any and all claims, losses, actions, damages and/or
liability arising out of this agreement from any cause whatsoever, including any costs or expenses
incurred by DISTRICT, except as prohibited by law.
The CITY agrees to defend, indemnify and hold harmless the DISTRICT, its officers, employees,
agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out
this agreement from any cause whatsoever, including any costs or expenses incurred by CITY,
except as prohibited by law.
In the event that the DISTRICT and/or CITY are determined to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under this agreement,
the DISTRICT and/or CITY shall indemnify the other to the extent of its comparative fault.
Waiver of Subrogation Rights —The DISTRICT shall require the carriers of required coverages to
waive all rights of subrogation against the CITY, its officers, employees, agents, volunteers,
contractors and subcontractors. All general or auto liability insurance coverage provided shall not
prohibit the DISTRICT and DISTRICT's employees or agents from waiving the right of subrogation
prior to a loss or claim. The DISTRICT hereby waives all rights of subrogation against the CITY.
The CITY shall require the carriers of required coverages to waive all rights of subrogation against
the DISTRICT, its officer, employees, agents, volunteers, contractors and subcontractors. All
general or auto liability insurance coverage provided shall not prohibit the CITY and CITY's
employees or agents from waiving the right of subrogation prior to a loss or claim. The CITY hereby
waives all rights of subrogation against the DISTRICT.
3.6 Both PARTIES agree the effective date of completion of this AGREEMENT shall be the date upon
which the CITY has reimbursed the DISTRICT pursuant to SECTIONs 2.1 and 2.2.
3.7 If costs exceed $200,000 for the PROJECT, DISTRICT and CITY agree to negotiate in good faith
regarding an alternative course of action prior to proceeding.
3.8 If a PARTY requests additional work that is beyond the scope of the original PROJECTS, said work
will be paid solely by the PARTY requesting the work, except for work not originally included in the
PROJECT that is still associated with the levee restoration work, in which case the CITY shall still
bear this additional cost
3.9 In the event that change orders are required during the course of the PROJECT, said change
orders must be in writing and approved by the PARTIES within two (2)working days of submittal.
3.10 Since the PARTIES or their agents have participated fully in the preparation of this AGREEMENT,
the language of this AGREEMENT shall be construed simply, according to its fair meaning, and not
strictly for any or against any party. Any term referencing time, days or period for performance shall
be deemed work days. The captions of the various articles and paragraphs are for convenience and
ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent
of this AGREEMENT.
3.11 No supplement, modification, or amendment of this AGREEMENT shall be binding unless executed
in writing and signed by all PARTIES.
Revised 3/22/2013 Page 6 of 11
2013-266
3.12 All notices, approvals, consents or other documents required or permitted under this AGREEMENT
shall be in writing and, except as otherwise provided herein, shall be effective upon personal
delivery or three days after deposit in the United States mail, certified, with first class postage fully
prepaid, addressed as follows:
City of San Bernardino San Bernardino County
300 North "D" Street, Third Floor Flood Control District
San Bernardino, CA 92418-0001 825 East Third Street, Room 108
San Bernardino, CA 92415-0835
3.13 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same
or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed
by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.
3.14 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, California. In the event of
litigation arising from this AGREEMENT, each PARTY to the AGREEMENT shall bear its own costs,
including attorney's fees. This provision concerning costs shall not apply to costs or attorney's fees
relative to SECTION 3.5 of this agreement.
3.15 Except with respect to the PARTIES' operation, maintenance and indemnification obligations
contained herein, this AGREEMENT shall terminate upon the completion of the PROJECTS and final
payment by the CITY to DISTRICT.
3.16 This AGREEMENT contains the entire AGREEMENT of the PARTIES with respect to subject matter
hereof, and supersedes all other prior negotiations, understandings or contracts. This AGREEMENT
may only be modified in writing, signed by all PARTIES.
3.17 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY, provided
however, that no PARTY may cancel this AGREEMENT without cause after DISTRICT starts the
construction of the PROJECT.
3.18 The Recitals preceding the terms of this AGREEMENT are incorporated into the terms hereof by this
reference and constitute constructive terms of this AGREEMENT.
3.19 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
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2013-266
CITY OF SAN BERNARDINO DEVIL CREEK LEVEE RESTORATION PROJECT
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT and the
CITY by their duly authorized officers, effective as of the date hereunder written.
This AGREEMENT shall inure to the benefit of and to be binding upon the successors and assigns both
PARTIES.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRIC
C & - vLd`
Janice Ruth ord, Chair, Board of Supervisors
Dated: OU 2 2013
SIGNED AND CE.= ,' c COPY OF THIS
,�+� i�, =•• TO THE
DOCUMENT H• P
CHAIRMAN O � c•( / {.e.Vii 7
o vk
It% _T:LBWror - 1 . /
lt, 'el. /
AI_IPOR.SVN i g1
Approved as • egal F. Reviewed by Contract Compliance Presented to Boar for Signature
. il, ■ ) - .----'-- ----" .c.- -'------ .A .
Counsel fib' a o r o r1 Gtoo7/ C,/14q,7#1 delrlilewcombe
Date /4. J/' 113 Date /CV; 7/.3 Date 1011 C112>
Revised 3/22/2013 Page 8 of 11
r
2013-266
CITY OF SAN BERNARDINO DEVIL CREEK LEVEE REPAIR PROJECT
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT and the
CITY by their duly authorized officers, effective as of the date hereunder written.
This AGREEMENT shall inure to the benefit of and to be binding upon the successors and assigns both
PARTIES.
City of San Bernardino
(Print or type name of c. -ration,company,contractor,etc.)
s. (Authori,%signature-sign in blue ink)
Name Allen Parker
(Print or type name of person signing contract)
Title City Manager
Type)
Dated: q\evitcrSor
Address 300 N. "D" Street- 3rd Floor
San Bernardino, CA 92418-0001
A..roved as to Form Attested by City Clerk i Ci •4 orney City Clerk
s / •44-*°•-- s
. e ..S it le(3 Date
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2013-266
•
EXHIBIT "A"
CITY OF SAN BERNARDINO DEVIL CREEK LEVEE REPAIRS
COST ESTIMATE
Revised 3/22/2013 Page 10 of 11
2013-266
City of San Bernardino, California
,A," Department of Public Works
iias lain COST ESTIMATE
PROJECT: FENCING PLAN AND HARDSCAPE IMPROVEMENTS DATE: 03/05/2013
AT NORTHPARK BLVD.&CAMPUS PARKWAY ESTIMATED BY: MWG
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
BID SCHEDULE
DWG.NO: 12827 WO NO.: 7874
C.I.P.NO: FILE NO.: SS 08-001
ITEM NO. ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE(5) TOTAL
QUANTITY ($)
1 MOBILIZATION 1 LS $5,000.00 $5,000
2 TRAFFIC CONTROL 1 LS $4,000.00 $4,000
3 CLEARING and GRUBBING. 1 LS $8,000.00 $8,000
4 EARTHWORK(REMOVE EXISTING TEMP.EARTH BERM AND RECOMPACT AT 90%) 200 CY $50.00 $10,000
5 6 FOOT HIGH CHAIN LINK FENCE PER SBCFCD STANDARD DRAWING. 150 LF $20.00 $3,000
6 20'DOUBLE CHAIN LINK FENCE GATE PER SBCFCD STANDARD DRAWING. 1 EA $2,000.00 $2,000
7 PCC DEPRESSED CURB 21 LF $30.00 $630
8 RIP-RAP(GROUTED) 2,980 SF $12.00 $35,760
9 8"PCC CURB 65 LF $25.00 $1,625
10 SUBGRADE PERPARATION 6,262 SF $2.00 $12,524
11 10"PCC PAVEMENT W/#4 @ 12"OC 6,262 SQ $5.50 $34,441
12 REMOVE EXISTING PIPE GATE 1 LS $1,000.00 $1,000
13 THERMOPLASTIC MARKING AND STRIPING 1 LS $1,000.00 $1,000
14 NPDES REQUIREMENTS for SWPPP/WQMP 1 LS $3,500.00 $3,500
15 SURVEYING SERVICE,per Section 6-1.10 1 LS $2,000.00 $2,000
TOTAL BID SCHEDULE $124,480
ENGINEERING&INSPECTION(15%+1-) $18,672
CONTINGENCIES(15%+/-) $18,672
TOTAL COST ESTIMATE $161,824
2013-266
EXHIBIT "B"
FLOOD CONTROL DISTRICT FEE SCHEDULE
Revised 3/22/2013 Page 11 of 11
2013-266
San Bernardino County Flood Control District
Schedule of Fees Ordinance No.FCD 13-01
Effective July 18,2013
(a) Permits and permit amendments' (b) Plans and special provisions.
1. Storm dram construction' 1 Plans(CD)and special provsbns(hardcopy)plus
A Sde drain°thin-ton applicable sales tax.__._.._..._.__... $ 20.00 /set
(Up to 4'x4'reinforced concrete box(RBC)or 48"diameter reinforced concrete pipe(RCP)) 2 Plans and special provisions(CD)plus applicable
1. Filing fee(noo-re/undable) .__... __..... _.. S 580.00 sales tax.__.. .........__. _.... $ 8.00 /set
It Review fee(for each connection)... _.. Actual Cost as described 3 Mailing charge if applicable-regular mail(CD only) S 1.75
.. _. . In(k)herein(non-refundable) 4. Mating charge,if applicable-express mail(CD only) $ 17.75
Review fee initial deposit . .. $3,000.00 /ea connection (c) Reproduction services:
111. Inspection fee........ ... .... S 2,670.00 /ea connection 1 Maps.exhbits and plans:
2. General and mscetaneous use' A Prins._.. .._... .....__ __.. S 040 lsq It
A Fling fee(non-refundable)_........_.._.. ._. .._... S 470.00 B. Ploekg Service(3 square feet minimum) $ 0 60 /sq.ft
B. Review fee(nomreNndade)_..__._ _...___..__. ....___ .Actual Cost asdescrbed 2. Miscellaneous documents:
in(k)herein(non-refundable) A Black and white copies:
Review fee initial depose ___... $1,40000 I. 812011"....... _ $ 0.15 /page
C. Annual inspection fee....... ... .... S 1,900.00 /ea location IL 8 1/7 x 14' S 0 20 /page
D. Permit amendments' Ill. 11'x17" _.. _.. $ 0.30 /page
I. General amendment(during contraction only). S 1,21000 B. Color copes:
II. Admnistratlue Amendment ..... ...... $ 237.00 /each change I. 8117 011"....... S 3.00 /page
(changes include name change,site change and time extension) II. 8 1(2 x 14".......... $ 3.10 /page
E Confined space video inspection(4 hours minimum).................. Actual Cost as descried III. 11"0 17".. ...... $ 3 25 /page
in(k)herein (d) Reserved.
Confined Space Vdeo Inspection Intel Deposit... ......... $ 1,300.00 (e) Hydrology manuals ..... S 83 00 /manual
F. Monthly land use fee of San Bernardino County Flood Control (f) Flood hazard analyse S 1,701 00 /report
Date property(minimum$600/month for area up to 1 acre.Fee.... (g) Hydrologic-cttnatologwal research........... S 46 00 /halt-hour
prorated above/acre.._ ___. _. $ 600.00 /acre 1. Biannual report __... _. $ 41 50 F.olume
G. Annual inspection fee_._._ __._ _..._...._.._. _ 2 Transfer of data(CD/DVD).. __. __. $ 11.00 /each
Applicable each anniversary date for any permit extending past 1 (h) Mapping services:
year term... _.._.. _._. __... .__.... $1,900.00 /ea location 1 Digital data preparation(1/4 hour minimum) _.. $ 23.00 /qrt hr
3 Utility Crossings Underground and Aerial(each). 1 Digital data on CD............... ....... 3 1000 /order
A. Filing fee(non-refundable) .......... ......... ..... $ 380.00 (r) Area drainage plan fees:
B. Review fee(non-refundable) .Actual Cost as described 1 Upper Etwanda area..... 3 9,790.00 /acre
in(k)herein(non-refundable) 2 San Sevaine Creek Area..... $4,405.00 /acre
Review fee initial depostt... ... S 1,70000 lea location 3 Comprehensive Storm Drain Plan#3
C. Inspection fee ... ...... ..... $ 1,900.00 /ea location Project 3S..... 57.15900 /acre
4 Parallel Utilities(underground or aerial): 0) Surplus Property
A Filing fee(non-refundable). _..... S 38000 1 Application fee(non-refundable) $1,250 00
B Review fee .. Actual Cost as described 2 Appraisal and Administration. Actual Cost as described
_.. ... in(k)herein(non-refundable) ........ in(k)herein(non-retundel
Review fee Initial deposit .. $ 1.70000 Appraisal and Administration fee htial depose.... $3,500.00
C. Inspection fee ..... .. _ _. 5 1 70 /lineal ft Potential purchase will be responsible for providing all property boundary
3 1,900.00 minimum surveys,legal descriptions and appraisals of the property.The San
5 Major Construction(including amenments): Bemardino County Flood Control District will review the survey work.prepare
A Filing fee(non-refundable)..........._.. _....... S 850.00 the grant deed and work with the Real Estate Services Department to prepare
8. Review fee(non-refundable).... ..... Actual Cost as described the resolution and Board agenda item for declaring the property surplus
in(k)herein(non-refundable) and seek Board of Supervisors approval of the transaction.These fees are in
Review fee initial deposit... .. .. .. $5,450.00 addition to the requirement that the purchaser pay/air market value for the
C Inspection fee .......... ... Actual Cost as described in(k)herein property.
Inspection fee mNal deposit .. $5,00.105 (k) Actual cost calculations as identified in Sections(a)(1)(A)(I),(a)(2)(A).(a)(2)(D),
6 Soil removal or select deposal(goods and services) (a)(3)(A),(a$4)(A),(a)(5)(B),(a)(5)(C),(a)(6)(D)(10(i),and(j)(2)of this ordinance.
A. Under 50 cubic yards: 1. Actual cost is the sum of.
I. Borrow(non-refundable)................. 5 75.00 A The products of multiplying the time spent on the project by the San
B 51 cubic yards to 100 cubic yards Bernardino County Flood Control Dstrict personnel by the applicable
I. Borrow(non-refundable)_..._._.._...._._...._.. $ 150.00 hourly charge rates,and
C 101 cubic yards to and Including 10,000 cubic yards: 8 Mileage charges;and
I. Fling fee(non-refundable)..................... ...... $ 325.00 C. Any other costs incurred by the District in processing the project
II. Administration and Inspection fee 2. Houdy charge rates and mileage rates:
i. Borrow(non-refundable).................. .... $ 1.50 /cu.yd A. Schedule of Charges.
D. Permit fees for sand and gravel removal over 10,001 cubic yards Personnel Classification..... Hourly Rate
shall be set by competitive market conditions as determined by bid: I Deputy Director......... 3 194.00
or request for proposal.In addition,a filing&inspection fee will II. Ecological Resource Specialist S 9300
apply as follows: III. Engineering Technician II. $ 79.00
I. Filing fee(non-refundable)............ $ 431.00 IV Engineering Technician It $ 87.00
II. Administration and Inspection fee V Engineering Technician IV...... $ 100.00
i. Borrow.......... .... Actual Cost as described in VI. Engneerng Technician V S 111 00
in(k)herein(non-re fundable) VII. Equipment Operator I $ 74.00
Inspection fee initial deposit.............. _ $2,00000 VIII. Equipment Operator II...... S 82 00
E. Minor Temporary Ingress(non-refundable) .$ 138.00 IX. Equipment Operator III $ 86 50
7 Apiary Rental Site on Property . -. --- $ 1.00 per colony X. Equipment Parts Specialist..... ... .. $ 58.00
A Apiary Rental Site on Property Minimum lee .. _.. $ 100.00 XI. Maintenance and Construction Supervsor $ 97.00
8. Gravel Operations: XII. Maintenance and Construction Supervisor $ 10800
Note:Gravel operation permits will be negotiated on an XIII. Maintenance and Construction Worker I 3 65.00
invidual basis by Real Estate Services Department and will be XIV. Maintenance and Construction Worker II_. $ 77.00
approved by the District's Board of Directors.Existing gravel operation XV. Office Assistant II.___ $ 48.00
permits will be reissued as leases upon elpiration of the permit,and,if XVI. Office Assistant Ill $ 61.00
needed,will be renegotiated. XVII. Planner I._ $ 98.00
9. San Bernardino Flood Control District Land Use with Board approval: XVIII. Planner Ii.... S 105 00
A Filing lee(non-refundable) __.. ... .__._.. .. __ $ 680.00 XIX. Planner 111 _.. _. $ 12300
NOTE:San Bernardino County Flood Control District land use XX. Public Service Employee_.. _. $ 31.00
permits will be negotiated as leases on an individual basis_Existing XXI. Public Works Engineer II $ 125.00
land use permits will be reissued as leases upon expiation of the XXII. Public Works Engineer Ill $ 152 00
permit XXIII. Public Works Engineer IV ... $ 177.00
B Advertising Structures XXIV.Public Works Operations Sept..... .. S 127.00
I. Filing tee(non-refundable) ...._.._.........___....... $ 680.00 XXV. Public Works Operations Supvsr $ 105.00
11. Annual fee-San Bernadine County Flood Control District
XXVI.Secretary I .... S 67 00
annual land use permits for advertising structures will be XXVII.Stormwater Program Manager.. $ 139 00
negotiated on an individual bass.Existing permits will be XXVIII Supervising Land Surveyor... ... $ 138 00
reissued as leases upon expiration of the permit XXIX.Supervising Planner ..... S 135.00
B. Mileage Charges.__.. _. $ 0.86 /mile