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RESOLUTION (ID #2639) DOC ID: 2639
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Tony Frossard M/CC Meeting Date: 09/16/2013
Prepared by: Michael Grubbs, (909) 384-
1 5140
Dept: Public Works Ward(s): 5
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving a
Cooperative Agreement with the San Bernardino County Flood Control District for Levee and
Pavement Modifications at Campus Parkway and Northpark Boulevard(SS08-001). (#2639)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $543,872
Account No. 248-160-5504-7768-0025
Account Description: SD05-003 Meridian Ave& Poplar St- CSDP Project 3-5, Line F (design
only)
Balance as of: 08-08-13 $540,997
Balance after approval of this item: $340,997
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Authorize the Director of Finance to amend the FY 2013/14 Budget to transfer
$200,000 from Account No. 248-160-5504-7768-0025, "SD05-003 Meridian Ave
&Poplar St- CSDP Project 3-5, Line F (design only)"to a new Account No. 248-
160-5504-7874-0025, "SS08-001 Campus Parkway Fencing and PCC Pavement
Installation"; and Adopt the Resolution.
Synopsis of Previous Council Action:
04/05/04 Resolution No. 2004-095 adopted authorizing an Agreement with Watson &
Associates for grading of Campus Parkway between Kendall Drive and Northpark
Blvd.
01/10/05 Resolution No. 2005-007 adopted awarding contract in the amount of$2,181,877.00
to Matich Corporation for construction of Campus Parkway (SS 04-01) and
installation of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07) per
Plan Nos. 10952 & 10232.
08/20/12 Resolution No. 2012- 224 adopted awarding a Contract to APW Construction, Inc.
for Fencing Improvements on San Bernardino County Flood Control District Right-
of-Way along the Northwest Side of Campus Parkway (SS08-001) Per Plan No.
12827.
Background:
On April 4, 2004, an Agreement was approved with Watson&Associates for grading of Campus
Parkway between Kendall Drive and Northpark Boulevard. Campus Parkway did not exist at the
Updated:9/11/2013 by Georgeann"Gigi"Hanna I Packet Pg. 189
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time. The Agreement provided that Watson & Associates perform all the earthwork and grading
for Campus Parkway and, in exchange, the City agreed to complete all the road improvements
for Campus Parkway.
The grading work was completed in 2005, and Campus Parkway between Kendall Drive and
Northpark Boulevard was completed by Matich Corporation in 2006. The permit from the San
Bernardino County Flood Control District (District) called for security fencing along the
northwesterly side of Campus Parkway adjacent to the District's Devil Canyon Diversion
Channel right-of-way. The fencing was considered part of the roadway improvements and,
therefore, a responsibility of the City. The work required by the District's Permit could not be
incorporated in Matich's contract because of uncertainty as to the final location of the right-of-
way line due to a pending land swap with the Flood Control District.
Installation of most of the security fencing was completed in 2012 under terms of a contract with
APW Construction, Inc. The District's Permit also requires that asphalt concrete pavement at the
Northpark Boulevard dip be changed to reinforced concrete pavement, that the slopes adjacent to
the road at the dip be paved with grouted rip-rap, that the northwesterly levee be raised to
elevation 1599 and that an access road be paved to provide all weather access to their levee.
These additional items were being negotiated with the District at the time of the City's
bankruptcy.
Due to the bankruptcy, this project was suspended and the remaining work was not completed.
On July 18, 2013, the City received the attached letter from the District stating that the Corps of
Engineers (Corps) is concerned that the levee is too low and may issue a rating of
"unacceptable." They further state that the Corps is insisting that the levee be restored to its
original elevation of 1599 as soon as possible and may issue a public release regarding the
"unacceptable"rating of the levee. Such a release could cause FEMA to modify its rating of the
levee system and impact property owners in the floodplain behind the levee. This could result in
insurance companies requiring flood insurance for properties where none is currently required.
Due to the City's financial situation and the urgent need for corrective action, the District has
submitted the attached Cooperative Agreement which will allow the District to proceed with
construction of the remaining items, the cost of which will be reimbursed by the City up to a
maximum amount of$200,000. The work will be done by the District's maintenance forces and
by subcontractors hired by the District.
In order to fund this Cooperative Agreement, staff is recommending that $200,000 be transferred
from Account No. 248-160-5504-7768-0025 "SD05-003 Meridian Ave & Poplar St - CSDP
Project 3-5, Line F (design only)" to a new Account No. 248-160-5504-7874-0025 "SS08-001
Campus Parkway Fencing and PCC Pavement Installation." Sufficient funds will remain to
continue work on SD05-003 Meridian Ave & Poplar St - CSDP Project 3-5, Line F (design only)
so that its schedule will not be impacted. Funding will be restored to the project in a future fiscal
year.
Staff believes this approach is the best way to accomplish this urgently needed work and
recommends approval of this Cooperative Agreement.
City Attorney Review:
Updated: 9/11/2013 by Georgeann"Gigi"Hanna Packet Pg. 190
2639
Supportinp_Documents:
Resolution (PDF)
agrmt 2639 (PDF)
Location Map Coop Agree w-County Devil Creek Levee (PDF)
Letter from SBCFCD 07-18-13 re Devil Creek Levee (PDF)
Updated: 9/11/2013 by Georgeann"Gigi"Hanna Packet Pg. 191
1 RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING d
EXECUTION OF A COOPERATIVE AGREEMENT WITH THE SAN o
3 BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR LEVEE AND
4 PAVEMENT MODIFICATIONS AT CAMPUS PARKWAY AND NORTHPARK E
BOULEVARD (SS08-001).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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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 LL
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11 Northpark Boulevard (SS08-001), a copy of which is attached as Attachment "A" and 0
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12 incorporated herein.
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13 SECTION 2. The authorization to execute the above-referenced agreement is m
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rescinded, if the parties to the agreement fail to execute it within ninety (90) days of the in
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passage of this resolution. 3
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I 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 d
PAVEMENT MODIFICATIONS AT CAMPUS PARKWAY AND NORTHPARK o
3 BOULEVARD (SS08-001).
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor L
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and Common Council of the City of San Bernardino at a meeting
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thereof, held on the day of , 2013, by the following vote, to wit: 0
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8 Council Members: AYES NAYS ABSTAIN ABSENT °
9 MARQUEZ 00
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JENKINS
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12 VALDIVIA c°
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13 SHORETT M
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14 KELLEY M
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15 JOHNSON
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19 Georgeann Hanna, City Clerk 0
20 The foregoing resolution is hereby approved this day of , 2013. CD
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Patrick J. Morris, Mayor
23 City of San Bernardino
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24 Approved as to form:
JAMES F. PENMAN, o
25 City ttorney
26 By. •�G .
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ATTACHMENT `6A" 0
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COOPERATIVEAGREEMENT WITH
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THE SA A COUNTY 0
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FLOOD L DISTRICT FOR
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DEVIL CREEK LEVEE MODIFICATIONS
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FOR OFFlCLdL VSLe ONLY
New FAS Vendor Code Dept Contract Number
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1 ePro Vendor Number ePro Contract Number
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Flood Control District 092 092
Contract Representative Telephone Total Contract Amount m
San Bernardino County
Melissa L.Walker (909)367-7995 $200,000 tJ
Flood Control District Contract Type
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If not encumbered or revenue contract type,provide reason: D
FAS Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount O
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Fund Dept. Organization Appr, Obj/Rev Source GRCtPROJ/JOB No Amount
RIFF 092 092 8842 F02483 $200,000 U
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Fund Dept, Organization Appr, Obj/Rev Source GRClPROJ1JOB No. Amount LL
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Project Name Estimated Payment Total by Fiscal Year 3
City of San Bernardino FY Amount ilD FY Amount I1D O
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Devil Creek Levee FY 13114 $200,000 O
Restoration project
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THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FLOOD rn
CONTROL DISTRICT, hereinafter called the DISTRICT,and 3
Name
City of San Bernardino hereinafter called CITY
Address E
300 N,"D"Street-3rd Floor
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San Bernardino, GA 92418-0001 Q
Telephone Federal ID No.or Social Security No. CL
(909)384-5140 0
IT IS HEREBY AGREED AS FOLLOWS: rn
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WITNESSETH
WHEREAS, the DISTRICT and the CITY are signatories to this AGREEMENT and shall be collectively referred to N
as"the PARTIES"; and
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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
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WHEREAS, the PROJECT is necessary to achieve an "acceptable" rating from the Army Corps of Engineers
(ACOE) in their levee safety program; and
Auditor-Controltorlrreesaterlrax CelleCror Use Only4 Q
13 Contract Database ❑FAS
Input Date Keyed ey
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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
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WHEREAS, the southwest corner of the levee was initially lowered by a developer known as University Park, E
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 o
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WHEREAS, the lowering of the levee was not include within the scope of permitted activities issued under Y
permit P-22004058 to University Park dated October 8, 2004; and
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WHEREAS, permit P-22004058 was subsequently amended on January 20, 2011 to substitute the CITY as
Permittee; and a�
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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 o
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WHEREAS, permit P-22004058 included a general provision #16 that allows the District to perform the work and
invoice the CITY; and o
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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
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WHEREAS, the CITY'S bidding process would result in a delay of several months in preparation for the L)
construction of the PROJECT; and 0
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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 ALOE posting the "unacceptable" rating as final on the public 0
National Levee Database; and m
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WHEREAS, the DISTRICT can perform the necessary restoration work in accordance with general permit s
provision#16; prior to the ACOE posting the "unacceptable" rating; and 3
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WHEREAS, the DISTRICT will act as the PROJECT's Lead Agency, as stipulated under SECTION 1.1 below;
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WHEREAS, the DISTRICT is willing to construct the PROJECT; and a
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WHEREAS, the CITY will reimburse the DISTRICT for the entire cost of the construction of the PROJECT; and cool
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 N
reconstruction of the levee and roadway; and
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WHEREAS, upon completion of the PROJECT as set forth in SECTION 1.11, the DISTRICT shall continue to N
own, operate and maintain the levee; and E
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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
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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.
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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SECTION I
1.0 DISTRICT AGREES TO:
1.1 Act as the Lead Agency to accomplish construction of the PROJECT.
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12 Provide notification to the CITY of any meetings related to the PROJECT and schedule meetings to 'o
ensure that CITY has the opportunity to attend. CL
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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 P
from CITY. U
1.4 Obtain a no-cost permit from the CITY for the portion of the PROJECT constructed within CITY o
owned land and/or easements. o
1.5 Ensure PROJECT is constructed in accordance with the plans and specifications submitted by the
CITY and approved by the ACOE. o
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1.6 Perform construction of the PROJECT in accordance with the California Public Contract Code, o
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13 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.
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1.8 DISTRICT shall not be responsible to pay any additional costs exce pt when has requested o
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 m
requested by the CITY pursuant to SECTION 3.8, whether or not the CITY has already paid the
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DISTRICT for the cost of such additional work. The DISTRICT shall not be responsible for any costs v�
except pursuant to SECTION 3.8. CITY shall pay all PROJECT costs, except costs attributable to
DISTRICT pursuant to SECTION 3.8. 3
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1.10 Upon completion and acceptance of the PROJECT by the PARTIES, submit a Request for E
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.
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1.11 Upon completion of the PROJECT, DISTRICT shall continue to own, operate and maintain the Devil o
Creek Levee. U
1.12 Provide status reports regarding the PROJECT to the CITY upon request.
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1.13 Retain or cause to be retained for audit by the CITY or other government auditors for a period of cy
three (3) years from the date of the final payment, all records and accounts relating to the N
PROJECT.
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SECTION II c
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2.0 CITY AGREES TO: E
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2.1 Reimburse DISTRICT for all actual PROJECT costs, estimated at $200,000. CITY acknowledges Q
that, due to change orders and other increases during construction of the PROJECT, PROJECT
costs may increase.
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Z2 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,
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2.3 Arrange for relocation of any utilities that interfere with construction of the PROJECT within the E
PROJECT sites. a�
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2.4 Pay all costs for the PROJECT as set forth in Section 2.1. E
2.5 Submit to the DISTRICT approved contract plans, specifications, engineer's cost estimates and any
other applicable documents to construction the PROJECT. U
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 L
to the PROJECT construction. 0-
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2.7 Upon completion of the PROJECT in full compliance with the terms of this agreement, and after o
which DISTRICT or its designee has issued a letter of completion to the CITY, the CITY shall c.)
continue to own, operate and maintain Devil Canyon Road. o
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2.8 Provide permit(s) at no-cost, when necessary, to the DISTRICT for its work within CITY right-of-way L,
for the PROJECT. c
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2.9 Obtain a no filing fee permit amendment from the DISTRICT for the levee restoration and roadway U
modification work. Inspection fees may still apply if additional work is desired by the CITY after the PROJECT
is completed.
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SECTION rll
3.0 IT IS FURTHER UNDERSTOOD AND AGREED BY BOTH PARTIES THAT
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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) m
a fully executed copy of the AGREEMENT has been submitted to all PARTIES. a,
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3.2 All of the DISTRICT's revenues as defined below, have been pledged to secure the payment of the o
principal and interest on certain bonds and refunding bonds ("Bonds") issued by the DISTRICT in May Lj
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 N
after payment of the Bonds. For purposes of this paragraph, "revenues" shall mean all income and a,
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 Y
to, all real and personal property, or any interest therein, and all additions, improvements, betterments E
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 w
Code, all rents, royalties and license and permit fees and charges received by the DISTRICT, E
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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contributions in aid of construction, except to the extent such grants are unrestricted and available for
any expenditure of the DISTRICT.
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3.3 All payments shall be made via electronic funds transfer(EFT) directly deposited into the PARTIES' c
designated checking or other bank account. PARTIES shall promptly comply with directions and E
accurately complete forms provided to process EFT payments. >
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3.4 American Recovery and Reinvestment Act Funding (ARRA). °'
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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 c)
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, o
steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the o
United States, A waiver is available under three circumstances: (i) Iron, steel or relevant 4-
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 o
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the U
domestic preference would be inconsistent with the public interest. This is referred to as the "Buy o
American" requirement. Request for waiver must be made to the District for an appropriate o
determination. LL
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Section 1606 of ARRA requires that laborers and mechanics employed by contractors and o
subcontractors on projects funded directly by or assisted in whole or in part by and through the L)
Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on c
projects of a character similar in the locality as determined by the Secretary of Labor in accordance a
with the Davis-Bacon Act(40 U.S.C. 31). This is referred to as the "wage rate" requirement. _
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The above described provisions constitute notice under ARRA of the Buy American and wage m
requirements. The CITY must contact the District contact if they have any questions regarding the rn
applicability or implementation of the ARRA Buy American and wage rate requirements. The CITY .0
will also be required to provide detailed information regarding compliance with the Buy American 3
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 0
the District pursuant to this provision. Failure to do so will be deemed a default and may result in the m
withholding of payments and termination of this Contract.
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Schedule of Expenditure of Federal Awards. In addition to the requirements described in "Use of 0.
ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single �0
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 M
Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits i°
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) M
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). E
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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 d
CFDA number assigned for ARRA purposes, and amount of ARRA funds. E
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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 Q
required as frequently as monthly or quarterly. DISTRICT agrees to fully cooperate in providing
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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.
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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 0 CL
liability arising out of this agreement from any cause whatsoever, including any costs or expenses E
incurred by DISTRICT, except as prohibited by law.
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The CITY agrees to defend, indemnify and hold harmless the DISTRICT, its officers, employees, v
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, o
except as prohibited by law. L
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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, o
the DISTRICT and/or CITY shall indemnify the other to the extent of its comparative fault. U
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Waiver of Subrogation Rights —The DISTRICT shall require the carriers of required coverages to
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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 c
prohibit the DISTRICT and DISTRICT's employees or agents from waiving the right of subrogation o
prior to a loss or claim. The DISTRICT hereby waives all rights of subrogation against the CITY. U
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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 c
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 3
which the CITY has reimbursed the DISTRICT pursuant to SECTIONS 2.1 and 22 _
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. E
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3.8 If a PARTY requests additional work that is beyond the scope of the original PROJECTS, said work Q
will be paid solely by the PARTY requesting the work, except for work not originally included in the a
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PROJECT that is still associated with the levee restoration work, in which case the CITY shall still 0
bear this additional cost v
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3.9 In the event that change orders are required during the course of the PROJECT, said change N
orders must be in writing and approved by the PARTIES within two (2)working days of submittal.
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3.10 Since the PARTIES or their agents have participated fully in the preparation of this AGREEMENT, N
the language of this AGREEMENT shall be construed simply, according to its fair meaning, and not E
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. E
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3.11 No supplement, modification, or amendment of this AGREEMENT shall be binding unless executed w
in writing and signed by all PARTIES. Q
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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 w
prepaid, addressed as follows: c
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City of San Bernardino San Bernardino County >
300 North "D" Street, Third Floor Flood Control District °
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San Bernardino, CA 92418-0001 825 East Third Street, Room 108 E
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San Bernardino, CA 92415-0835
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3.13 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same 0
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. o
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3.14 This AGREEMENT shall be governed by the laws of the State of California. If a court of competent 0
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 o
frustrated. Any dispute or action to enforce any obligation under this AGREEMENT shall be filed and 0
resolved in the appropriate Superior Court in the County of San Bernardino, California, In the event of o
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 U-,
relative to SECTION 3.5 of this agreement.
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3.15 Except with respect to the PARTIES' operation, maintenance and indemnification obligations v
contained herein, this AGREEMENT shall terminate upon the completion of the PROJECTS and final =°
payment by the CITY to DISTRICT. �a
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3.16 This AGREEMENT contains the entire AGREEMENT of the PARTIES with respect to subject matter m
hereof, and supersedes all other prior negotiations, understandings or contracts. This AGREEMENT
may only be modified in writing, signed by all PARTIES.
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3.17 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY, provided 3
however, that no PARTY may cancel this AGREEMENT without cause after DISTRICT starts the
construction of the PROJECT. d
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3.18 The Recitals preceding the terms of this AGREEMENT are incorporated into the terms hereof by this a,
reference and constitute constructive terms of this AGREEMENT. a
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3.19 This AGREEMENT may be signed in counterparts, each of which shall constitute an original, 0
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Page 7 of 11
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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.
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This AGREEMENT shall inure to the benefit of and to be binding upon the successors and assigns both o
PARTIES. L
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SAN BERNARDINO COUNTY
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FLOOD CONTROL DISTRICT Lj
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Janice Rutherford, Chair, Board of Supervisors o
Dated: °
SIGNED AND CERTIFIED THAT A COPY OF THIS °
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DOCUMENT HAS BEEN DELIVERED TO THE -0
CHAIRMAN OF THE BOARD °
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Laura H. Welch, Clerk u.
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Approved as to Legal Farm Reviewed by Contract Compliance Presented to Board for Signature �
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CITY OF SAN BERNARDINO DEVIL CREEK LEVEE REPAIR PROJECT
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IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT and the c
CITY by their duly authorized officers, effective as of the date hereunder written. E
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PARTIES.
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City of San Bernardino m
(Punt or type name of corporation,company,contractor,etc.) V
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(Authorized signature-sign In blue ink)
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Address 300 N. "D" Street- 3rd Floor 3
San Bernardino CA 92418-0001 0
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EXHIBIT"At"
CITY OF SAN BERNARDINO DEVIL CREEK LEVEE REPAIRS
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City of San Bernardino, California
Department of Public Works
Y 1tCrar I®a COST ESTIMATE
PROJECT: FENCING PLAN AND HARDSCAPE IMPROVEMENTS DATE: 0310512013
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AT NORTHPARK BLVD.8 CAMPUS PARKWAY ESTIMATED BY: MWG E
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT >
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DWG.NO: 12827 WO NO.: 7874 E
CJ.P.NO: FILE NO.: SS 08-001
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ESTIMATED UNIT- UNIT PRICE(tl IT V
ITEM NO. STEM DESCRIPTION TOTAL
QUANTITY
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1 MOBILIZATION 1 LS $5,000,00 Sum �
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2 TRAFFIC CONTROL 1 LS $4000:00 $4000 L-
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3 CLEARING and GRUBBING. 1 LS $8,000,00 $8,000 C
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4 EARTHWORK REMOVE EXISTING TEMP,EARTH BERM AND RECOMPACT AT 90°l0 200 CY 50.00 $10 000 U
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5 6 FOOT HIGH CHAIN LINK FENCE PER SBCFCD STANDARD DRAWING. 150 LF $20.00 $3,000 O
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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 U
8 RIP-RAP GROUTED 2 980 SF $12,00 $35,760 a
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9 8"PCC CURB 65 LF $25.00 $1.625 M
10 SUBGRADE PERPARATION 6 262 5F $2.00 $12,524 CD
i i 10"FCC PAVEMENT W1#4 12"OC 6,262 SO $5.50 $34,441
12 REMOVE EXISTING PIPE GATE 1 LS $1,000.00 $1 000 3
13 THERMOPLASTIC MARKING AND STRIPING 1 LS 1 D00.00 $1,000
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14 NPDES REQUIREMENTS for SWPPPIWQMP 1 LS $3 500A0 $3 500 aEi
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15 SURVEYING SERVICE,per Section 6-1.10 1 L LS.j $2„000..00 $2,000
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TOTAL BID SCHEDULE $124,480 p
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ENGINEERING&INSPECTION 15%+f• $18,672 V
CONTINGENCIES 15%+1• $18,672 Cl)
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TOTAL COST ESTIMATE $151,824
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EXHIBIT 4f$„
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FLOOD CONTROL DISTRICT FEE SCHEDULE
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San Bernardino County Flood Control District
Schodu)e of Fees Ordinance No,FCD 13.01
Enactive July 18,2013 N
(aj PumtS'and rX+tmt YmlHelmsme (b) Pi-sandspemIMcMW%;. 0
starrn gran pnayudion Par.(CD)and apucbl W Wybna(I,ardcopy)plus
A Side drain t.OpsUwAbn spplkabio rates lax:.,,,,;._.:..,,,,,,..,,:.,-.,,:z>.,:.:..:...:.:S 70,00 reel N
(Up to 4'x4•renfoncea concrete tw(HfN:)cr48•r diamalet re.l(oreed comfort plpe(RCP)); 2. Prara tad vpecpl pin weloru?CD)all applkable 9
1, Fdtg We(norFreAxdaMej..............«., -.. $ 6,60.00 Salslas �' 8,00 feet 0
0. Review ks(lor ewk oannechop)....................•,.,..,,;,.n<,:»Actual Gast as dasclted 3. Mae chatga.it epp"eabtaxagUar mail(CO OMyj ! 175 �
....._...,___,..,.,,.„.................... ..................«..,..,,.,..,_,n•..,.n(k)hawn(nc7-temndaum A. MaYhq charge,If applicable-exprew maA(CO only) 'y 17,75
Reev ac nagl G(oaE _,: S 3.0I00 Jea mnecioF eo _C
tcj RprduNbn..Was
52,e1c00 leaeonn`ten 1. Mapc,ranlMa and}Nana: Y
2. 41lnernl ardfMrtMlehedlrstiao: A
A. Filing let(rwn-reNrdaWe)....,,,.,,„�,.�.,.,,.,,,,,, „..-........:....5 470.00 e, PlohirSg Gemce(3 sarrateN mPMUm)..:.:...,,..'i 000'm R
9_ Rewaw ice(non.re.Nrtuade j.:,:>..;.,,,-•,•r.,... ..,,Actual Cost ae deecrlhee Y. ryAYicOnrterwaUioarmank:: L
.._,.,.>.....:...-._........:........._.,-,,.,.....,,.,.,.,;:,.:,,.,f;:,,-..:s.,;,;.
ill(k)hean(nul-refundable) A.. Black and whist mopes fJ
mlfom I, P.11r zit':>......................-,.
C. Annual imPad0ftf ee...,.:,..,.,.,-.«,..:,....,,,.,:,,.-»,.-..,..,µ...,,:S 1.300,00 fealucalbn II. #11�"xtk'...,„,...,,:..,.,--,,......::.v.,",..i 020/page
D. palm eahandmtr4 41 11-x7t•_..,_„„,-,,.,,_�,....,...,,.....:,.... S 0.10 7pagb Q
L. 3ertlaralomendmant(ducig oonaualbn only j.,.,_,,.„...,,..,.. S 1,21000 0 Cobr copiae:
II, AdminsllOdi Aaricndrrent::....:.-.-.:..:.:.�._:...«:;.:,:.:G.;•;.._:::6 237.00 leech charvae r. 011 F't51°.:;.,:.,,r.n,..,..,..,,.-,; ,,:.y.,«;$ 3.00"page
(changes w0ide name change,"a change and Yens wdwi Mn) a IIIA 'X10':.:.:.,,,,,„„,..:;r...:�„,,,,,,...,.,,i 3.10 1pa a E. Conpn.d spare Wantt,apectrort(4 lrouls?alydmrrmj,,.:,..,,,,.,.,°,-Aellial CCatudesariboa fit. 11'x17'.......,.....__.._..,. ,.. i 326 Il age
..._._......__,......_..:..-•.....:....::....:...;..,.::.:..:.,:,.,...,..:..._..-,...,....,......_......m(itlhercn (+n Reaeved p 0
CanOned space Video ln5pedron hiifal Depos3R,:.,.;,,,.,a..:,..,..v:.:#1.30000 re) Hyiaology manuals...........,w,,,,,,,,,,,,,,>; 93110!manual -r-.
F,. iAanth!ylard dve leeMGan easna:lhno COU.^.ry Flood fanhd l0 �Sa:.drd anaYyab::;.,u<c:....,..........,,,,,,;•„.:, x:..5170100 Aepua =
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OL1Vwt property lmnimun i900lrtanlh tar area upYrlada;FU„, Ig1 H}deal a3n-ctimetaloyiglreaareh.„;:;,.:.... : .,..3 4800 Rra9-F,our
S 807,0.n lade 1. Harmed repxL,.::.__.....,,..,_..,.,..,,,.:,,_,_,._.,-...,....,,..,.;:3 41.50 fucker,. V
0, Araoef tnpKWin feaq_.,,,,,.,,w,..,.,.,,.,,,,.,,,.:«,,...„,,....,.,.,. 2. Trarafer cl data(C=VD),,:..:....,:...,.. S '.i0r:leach "[f
Apphcabl...h ennN.Ralydens Wehy pelyrAe%teMk,g pate l a (h) Mapping seN+oss: 0
ycart arm........:....:..:-. ....--._...........,,..,....,....,-,.:....w.,....:$1.909.00 fee owl"! 1. Digital data plVII-11i(114 hour mnanbinj.,:.:.,.:.-.;-S 2800 igrf hr 0
3. Unity C'maiings UndergirmM and Anil(each)'. 2. Donley data on CD_......,.,.
A F41ig!ee inun•:e1m'<fablej,.:,, .......:.:.:.....».,.,.`.,cr,,.,,,n<r„„S 380;00 OI Arc.d-.9e,plan tees'
8: Review lee(non-reNrdaWe).......,.,,.....,.,,.�..,.,,.,.,,.»;..,.,,.,,,Actual Cartasdewfbw 1 Upper Elnw.ndaarea,.,_.,..,.......................w.,.,,..-.3 9.79-00 lac;a
.,.........._>,_.,..„,.,,•............a..,..,-'...,o,o:,ti(ki heran(heart-tslundable? San ievart.Omer Area.,::.::..n 5 I.M.
Rev`ew!ee(nMldapoLL.,.,.• „, 5 1,7W h)kaiccotWn 3. Compaio-eSlaim oral-Filano
C. Inspodiortf aa....�_.._,...:,,,•.,.,.,,,:.:.,:,, S 1,907.00 fee locafnn P foie:IS-5:;:,,....,.r,°,r......,.w..............:..-,..w....,.r.::37.15900 facr« 0
4. Pera0e1 Ut14ke lundergrasel m swill) gl Surplus Property
A. FnfnO roe(non-rerurdab(ei.:..........;.;-...,,.,;,,,............._..„,...3 30000 1. Applivabonfet lrm�.r�fundab4a).,._..,.�.,-,,....,._.,..S12M 00 p
0.. Review iee_....__:....................................................,.,,..,;,,_Aduel t,ostu daa:,ribed 2 Appraisal and AdmbblraUan...._.,;...,.,. . :..:,,;{.Actual Call a.deuxlFxd C
.:.:,.,.... -...:,...-,v.•-.,n..„o.:.....w-•a.,�.....�_.�,«•w„-�nlx{ixraln into-refml,bill ::..:..:.,._.,�..,.... „-,.n(k)Wary(non•ierurdal M
170000 Appraisal and Administration lee"Mist deposit,,.:...:.. S3.5m 00 L
C- Incp.ekon fee........................ _,.,...,.w,,,»..., ,,,.S 1.70 1&a ai 9 Po ahtw purchase will be responsible to,pmvkkM dl praparry boundary
-. .,.S 1,4(7000 mnahurn surveys-legal de olionaendappraleamotlhe property Tha San L
5, Major ConstrueaM(eldblkrig amerenerts) ^` TM Ben:.N no l:rn;'1(y Flout GOritral UntiCt NKlt teycW the sWVey v.SVK.piCpare
A Fang lea"non•cerurtdab(xj.................,.,.,,,,........,..,,..._-.-....„.,3 46006 the grant deed and work with the pear Esiaro 5anaeea nepanmtN to{spare m
P. RCVew leafnonatNrdatJej,........, :...:,,:r„-:..•.,u�,.,;:.-.:n,AOIwI CWm deaaribed Ine-rIluuon and Board agtnda Kern for dad.,,,g the prope;ty,IWa �
_.........;........:....,,..,.,'as.,...,..,..+ac....,n,.:.....,...m(k)hudnjmn-rWUnuabfej andseek 9nard ol5upervsora apyran:oflrevarpadbn.These lees are in
Rea'reelntllaldepmY:...,_,,,,..,.-,.,...,,,.,.•.,..«:- �.,- S 5.45000 adeamn!o;.he rtaulramenl that the Wrd,airt pay hclnarkel lalualrlhe N
C, tnspeNnr.lee........ .:..,..... ».....,_,.:,...Atlud Cost.vdewtiAd,ln k)htfan prr•Dany.
Inspectonlee 6,31ldepndt_........:.......m...:,,;.:.,,,.-.,.,'.:..._...,,.....,_. 5.5,00000 (kj Actual coolcnlaLatblroea:ienl1,rod;nGliNic,ns{aj(1;ZANl>.1'aY-'%N.(e1R%Oj. Y
9. Sos removal araeled tlbPOOSf(gomdc and aenKow} (ej l3HA!,(a){4j(Al,(a$5}(8).1a)15j(Cj,{ajlff%U}(01(i}and(j)(21 n7tFls mdn.arr. '�
A Undo-50 amrc yards 1 Actual cull m in.sum of
i. Oovowlnan-mfuneade).:._........................,,.,.•.„-„...,.S 75.00 A This products cr mullMying the tent sper:t an the project by;ne Gan +'
0. 51 cubic yards to 100 cubic y0'6. Oemard+nc County Frood Centro)Dkwvl pt twnnel bythd applicable
I Borraw finer-refundadel..„...:.....,..........::.:....... ,.,,;,_,,...S 15000 howty Ci+argomiea,and
C. 101 rub,:yam.to and Including 10,000 WbID yams: B. Mileage changes Ord
1, Filing Ms-Irian-rohmd abler:..........::,...........:...„.a.;,,.,.,;-,;.:6 J25.g0 C finyaineh orM meowed by the pninol In Pmwessirp,ha Project
If Ad orenraliort and fnepeaalarl foe .. kiaarlyeharge colts and mar,.gerabn:
i Bartow(non•rNUMaDIej,.,,,:.,,;"..,;,.,W -„5 ISO mu yd A S herfule of Charges.
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D. Permit lees ran carat and gravel renr;rial ever i0,001 euble yards Persoatel Classal cailan.:.:.,.,.,::,....,..,....,,„..,,,,:,.......,hourly Rate Q
shall be rtes by i,mpeWivt market comfU;na as delemVned W Wr I Deputy D!itch„-:,-._,,,-..,.,,,�,:,.,,, r:..:.,5 t0400 fZ
.reyuesl rorproposol In addabn,a 1Ne:y 3 iw-bon lee"I If. Ecai ?..-1 Resource
ag"^ Spa=tai4L....,.,.,., J 9300 0
apply.,(. ws. III EngncerngTechnlorm q.........._-..,..:.. 3 7000 0
r. Fang kelnon.remnaahle)...:................. ......�:„.........:S 435.110 Iv. Fngbeerp9 Teahnldan ls 4 87.W- V
fl. Ad-envbn one krtpectrtn lee Enpineerng Techmmri IV,;, 4 to(t'00
f. Be now.........:.....:...:.«„r,-„.<.. .h<v.,w.Y,.w - 7wYuat C+>sl.aowatcim VI, Erglnevng Technimanl:.....::.�.;; S III co
.....,,..,,:.,:.:.:.:.„...........:....1...„,....•...•.„,.....nikl herear(non-refundable) VI'. FgaWmantoperalo:l.:.,..,...,,_,,.,,,°,,..,.$ 71.00 M
fir,me6or lea weal depoeil,...»...,,,,,..„...............,,.,,..S 2,00000 Vie. Fehr;sertnperala 11-.......:..,..«w«......,5 82011 (D
E.. Mnor7anpuidry ingrssa(mneroNrtdebb)..,_,,.,,,,w- .«,S 13800 M. Equpmert open".+li!.,.;,...,,„,,,,,;,,,as-,„,5 9800 N
�...
..:......•:: V
7.
Awry Renlai 9d.on Prop.rly,..„,_:„..:,,_:,.:,..,,,..,„,v,,.....,.,,,...,..«:S 1,00 parcotony X. Eq.;gment Parts Bpecal6l.:.::,;:: �„>..,,.5 5800
A Alary Rental Ode on PruperrYMrmmum 1`86t, ,,,,,,,,,,,,, ,h, 3 10000 X), Matnlenancearrd Constnellon8upervs.r Al 97.00
8 Gravel UperalWns. XFi. Malnle.-.e and!Cansimcti.n Supervisor $ 10.5.00 M
Note:Grave;operatlm perm4r x43 be negotiated on an XI+, Mamlawnc.sal Conslhrdbn weaker I„...S E.5 00
irvdual bash by Rwl Estate Beral-Deportment and ilk be xN. Mninta!rance and C.r-WLII.n Worker#... 5 7700 N
appmyedhylhe Dmtpe''a8oadnl Dim:-,Iom Faisling DfaWt,,malwn XV. 'W5o0 ASastantll,,.:.,...,„.........:............5 48W +C+
paimas will be reissued as leaaea upon eytealbn otlhe WMK and.V %V;. t3itce AssWam u.. 3 6100 C
i 90 00
needed,*Ill be renegobaind.. kVll Planner f,....,,..,,_,,.,,v,,..,, �
p. Be,6ernardino Flood Cor nal OWr61 Land ilia with Board aplxovak. X",Planner L., 105.00 �
A Fing'ee(can-re:u MACAO),:.--:..,_,,...__,„,.....:........:.::......-.:......,.3 080110 XV. Planner 5l::.,.:,,•w;,,.,......<..,,.,,>w.,;.,..,,.<.S 1230
NOTE:San BernanAno Courty Flood Control Dslfktland use k%:. Public StrvACF'mployYF,.:,..„;�„�,,,,,;; S 31.00 rt+
Pennies snit be negolmled as I......It an ndwdual bade,Essting XXl Public Wori.E,rgibaer p«::,,o::•r...;.,;a..: S 12'00
land use permits will b.reaa,rad as leases upon expiration of Yre XM, PUMk:WorksEgirmi le,._,». 3 152:00
permil. XXR.PVblb We.its Erg-moor A?:,..,,:..,,„,.,..,.._::..S 177,0) E
0.. Adra[ISing structure. XXIv.Public Wales,Operstlaft S
S 12700
I. PRng tit.{nntefu stable)............ ... .......:.. ....::. S 680.0..^ Wil.Public Wanks Dpeatim 51 S 105.00
It Arrival tee-Ban Be narNt,O County Flood COIVIN DMrR1 XXVi iu
annual land-tweet.for advenairt structure,10 be .a.+
f g %%VI,Stormwvfar Program Mansgu,.:„.,.,,,,,..,,3 539.00
hegol4tee Bran bdr•+vr»I ba4a..FWAT%pehntte"t to XXVII Supar acing Lard swveyaf.. 3 135;0()
reaaow as leases upon ex):.kaliun bitree Pent, XXI,X..6upervising!'!enter,,,„_,r�,,,,,,s-,-...S 135;90
9 W.Vge Chefpes.:.....,_-..,..,..,::,;.,.,�.............<S 0.89 Imile
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LOCATION MAP 3
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COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO a
COUNTY FLOOD CONTROL DISTRICT FOR LEVEE AND PAVEMENT 0
MODIFICATIONS AT CAMPUS PARKWAY AND NORTHPARK 0.
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BOULEVARD (SS08-001).
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LETTER FROM SAN BERNARDINO =
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COUNTY FLOOD CONTROL DISTRICT
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JULY 189 2013
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DEPARTMENT OF PUBLIC WORKS 5' .a
FLOOD CONTROL • LAND DEVELOPMENT&CONSTRUCTION • OPERATIONS
SOLID WASTE MANAGEMENT • SURVEYOR • TRANSPORTATION COUNTY OF SAN BERNARDINO
Gvrz:g�+Aawx{� ,
,East Third Street • San Bernardino,CA 92415-0835 • (909)387-8104 GERRY NEWCOMBE p
Fax (909)387-8130 Director of Public Works c
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July 18, 2013
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Addressee: City of San Bernardino File: 2-306/2.04 00
300 N. "D" Street Permit No: P-22004058 w
San Bernardino, CA 92418 3
Attention: Robert Eisenbeisz U
Interim Director of Public Works 0
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Original Permit 1) Perform grading operations for future street improvements within District c
Activity: right-of-way, 2) abandon and remove two of three existing 48-inch CMP m
turnouts from Wiggins Basin No. 1, 3) construct a 60-inch RCP storm drain
connection into the existing triple RCB at University Parkway, and 4) install a rn
12-inch DIP waterline crossing above the Devil Creek Diversion Channel, 3
C/E
Facility: Devil Creek Levee, C/E E
Restoration of Devil Creek Levee, C/E, to its pre-existing height of 1599 that W
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was present prior to street improvements being performed in the area Q
Location: Northwesterly comer of Campus Parkway and Northpark Boulevard o
City/Community: City of San Bernardino
The District issued Permit No. P-22004058 on October 8, 2004, which authorized the above N
noted activities. During the construction activities, the District discovered that additional grading
and street improvements were performed on behalf of the City of San Bernardino (City) which
were outside of the work area shown on the approved permit exhibits.
The unauthorized street improvements performed at the northwesterly corner of Campus L
Parkway and Northpark Boulevard resulted in the height of the Devil Creek Levee, CIE, being
reduced a few feet from its pre-existing elevation of 1599'. This facility was originally built by o
the U.S. Army Corps of Engineers (Corps), with the District being responsible for the ongoing
operation and maintenance of this facility. The District held several meetings and phone M
conversations with various City personnel subsequent to the discovery that the levee height had
been reduced. This reduction of levee height is unacceptable to the Corps, and they have ti
advised the District that the levee will be classified as "unacceptable" if the height is not o
restored as soon as possible.
In an effort to accomplish the levee height restoration, the District required the City to provide ca
plans and an application showing how the levee height would be restored to an elevation of E
1599'. Those plans were in turn submitted to the Corps for issuance of a section 408 permit
authorizing the work. However, the plans submitted by the City for the restoration of the levee r
did not show the necessary elevation of 1599'. The District had prepared an amendment to J
Permit No. P-22004058 authorizing the City to restore the levee height.
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S.J.d
City of San Bernardino —
July 18, 2013 0
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A meeting was held between the District, City and the City's consultant (Transtech) in the o
District's offices on Monday, July 15, 2013, to discuss the manner in which this situation could U
be resolved, and to reiterate to the City that the Corps has now classified the Devil Creek Levee o
as unacceptable. It is imperative that the restoration of the levee be accomplished as quickly U-
as possible, as failure to restore the levee height would result in the Corps notifying the District
that the unacceptable rating is final and posting the same to the public National Levee o
Database. The Corps would then coordinate with the District on a public release regarding the U
unacceptable rating of the levee, and the District would need to alert the County Board of =
Supervisors and Congressional offices of this rating. The Corps would also notify the Federal
Emergency Management Agency (FEMA) that the levee has been rated unacceptable. The
unacceptable rating by the Corps may also affect the FEMA rating of the levee. Any changes in m
the FEMA rating for this levee system may impact the property owners living in the floodplain
behind the levee and could potentially require them to pay higher insurance premiums for Flood Z
Insurance. 3
The City has provided a cost estimate to the District to affect the necessary repairs to the levee
totaling $161,824. To date the repair has not been performed by the City. In accordance with
General Provision No. 16 of the permit, the District will be moving forward with the repairs and a
will be invoicing the City for said repairs. As the City has mentioned to the District during a
recent meetings that the City does not currently have the funding to perform the work within the $
necessary timeframe to avoid the Corps finding, but agrees to use its best efforts to repay the
District for such costs in the future, the District is willing to enter into an agreement with the City
to ensure that the District will receive proper reimbursement as funding becomes available to
the City.
If you have any questions regarding the above, please contact the undersigned at (909) (D
387-7995.
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Sincerely,
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MOHAMMAD ALI, P.E. ti
Permit Engineer o
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cc: Mike Grubbs, Project Manager- City of San Bernardino Cn
Mitchell L. Norton, Deputy County Counsel 0
Brendon Biggs L
Kevin Blakeslee
Melissa Walker J
James McKenzie
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