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HomeMy WebLinkAbout06- Development Department L ., VELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL. ACTION FROM: KENNETH J. HENDERSON SUBJECT: MACY/BLAKE SEWER Executive Director PROJECT DATE: January 19, 1994 --------------------------------------------------------------------------------------------------------------------------------------------- Sjnonsis of Previous Commission/Council/Committee Action( )• On September 2, 1993, the Community Development Citizen's Advisory Committee (CDCAC) recommended that the Mayor and Common Council approve the expenditure of up to $25,000 in CDBG funds to underwrite the Macy/Blake Sewer Project contingent upon the County of San Bernardino paying one-half (1/2) of the required costs. On September 20, 1993, the Mayor and Common Council approved CDBG funds in an amount not-to-exceed $25,000 to underwrite the Macy/Blake Sewer Project contingent upon the County of San Bernardino paying one- half(1/2) of the required costs. --------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(sh (Major and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO. .14 0 Administrator KENN ,TH J. H NDERSON Executive Director --------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Kenneth J. Henderson/Laura J. Muna-Landa Phone: 5081 Project Area(s): N/A Ward(s): N/A Supporting Data Attached: Staff Report: Agreements: Resolution FUNDING REQUIREMENTS: Amount: $25.000 Source: CDBG Letter of Credit Budget Authority: Approved September 20. 1993 --------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: -------------------------------------------------------------------------------------------------------------------------- KJH:LML:nnil:macyblak.cdc COMMISSION MEETING AGENDA MEETING DATE: 01/24/1994 Agenda Item Number: DE S L O P M E N T DEPART , E N T STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Agreement Between the City of San Bernardino and the County of San Bernardino for the Macy/Blake Sewer Project BACKGROUND Previously, the Mayor and Common Council approved an allocation of $25,000 which represents one-half of the total funding (total estimated cost $50,000) necessary to make repairs to the Macy/Blake Sewer line. The County of San Bernardino, through its Community Development Block Grant (CDBG) program, has allocated $25,000 for the project as the sewer line serves County residents as well as City residents. The funds will be used to correct a problem which has resulted in unpleasant and noxious odors coming from the sewer in the vicinity of Macy and Blake Streets. Public Works staff has indicated that a modification of the interceptor sewer at Macy Street and Blake Street will address the problem. Specifically, the project will consist of installing a relief line to eliminate the inverted siphon, which is ultimately resulting in the noxious odors. RECOMMENDATION The attached agreement includes a provision of equal payment by the County and the City in the event that the cost exceeds the estimated $50,000. The Public Works staff will assume lead responsibility for the construction management during the project. It is now appropriate to execute the attached agreement by and between the County and the City to formalize prior actions and deliberations. Staff recommends adoption of the form motion. 4Ai V-KENNETH J HENDERSON, Executive Director Development epartment -------------------------------------------------------------------------------------------------------------------------- KJH:LML:nml:macyblak.cdc COMMISSION MEETING AGENDA MEETING DATE: 01/24/1994 Agenda Item Number: RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR THE MACY/BLAKE SEWER PROJECT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. (a) The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Community Development Block Grant funding with County of San Bernardino, which agreement is attached hereto as Exhibit "1", and is incorporated herein by referenced as though fully set forth at length. The agreement provides for the granting of Community Development Block Grant funds in the following amount of $25,000. SECTION 2. (a) The Authorizations to execute the above referenced agreement is rescinded if the parties to the agreement shall fail to execute it within sixty (60) days of the passage of this Resolution. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG FUNDING AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN BERNARDINO FOR THE MACY/BLAKE SEWER PROJECT. I HEREBY CERTIFY that he foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1994, by the following vote, to wit: Councilmembers: AYES NAYS ABSTAIN AB ENT NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1994. Tom Minor, Mayor City of San Bernardino Approved as to form and legal cov tent: JAMES F. PENMAN, City Attorney by 2 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) as CITY OF SAN BERNARDINO ) I, , City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set may hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this day of 1994. City Clerk City of San Bernardino By: Deputy 3 / lG CONTRACT This Contract is made and entered into this day of , 199 by and between the County of San Bernardino, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY" . WITNESSETH WHEREAS, COUNTY and CITY have individually and independently entered into a contract with the United States of America through its Department of Housing and Urban Development, hereinafter referred to as "HUD", to execute their respective Community Development Block Grant programs, hereinafter referred to as "CDBG" , under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Economic and Community Development, hereinafter referred to as "ECD", is authorized to act on behalf of the COUNTY in administering COUNTY's CDBG program; and, WHEREAS, CITY Economic Development Agency, hereinafter referred to as "EDA", is authorized to act on behalf of CITY in administering CITY's CDBG program; and, WHEREAS, COUNTY and CITY have recognized the need to replace approximately 450 linear feet of 21 inch sewer line on Blake Street west from Kerry Street to Macy Street, hereinafter referred to as "IMPROVEMENTS" in order to provide a safe and sanitary sewer system to area residents; and, WHEREAS, COUNTY and CITY desire to have CITY manage the design and construction of IMPROVEMENTS; and, WHEREAS, COUNTY has allocated up to twenty five thousand dollars ($25,000) of CDBG funds for IMPROVEMENTS; and, WHEREAS, CITY has allocated up to twenty five thousand dollars ($25,000) of CDBG funds for IMPROVEMENTS. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties do agree as follows: 1. PURPOSE. The purpose of this Contract is to provide for the reconstruction, operation and maintenance of approximately 450 linear feet of 21 inch sewer line on Blake Street west from Kerry Street to Macy Street in the unincorporated area of San Bernardino County commonly referred to as Muscoy. 2. SCOPE OF PROJECT. CITY shall have the responsibility for the design and construction of IMPROVEMENTS which will contain approximately 450 linear feet of 21 inch sewer line on Blake Street west from Kerry Street to Macy Street in the Muscoy community. CITY will be responsible for compliance with the Davis-Bacon Act 1 r and other related acts associated with the CDBG program. Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and conditions of this Contract. 3. FUNDING. COUNTY shall provide CDBG funding in the amount not to exceed twenty five thousand dollars ($25,000) for the purpose of constructing IMPROVEMENTS. CITY shall provide funding in the amount not to exceed twenty five thousand dollars ($25,000) . Both CITY and COUNTY shall contribute equal amounts to fund the project not to exceed $25,000 each. In the event additional funds are allocated, subject to to review and approval of the respective CITY and COUNTY policy boards, said cost shall be contributed and resulting expenses paid equally. Within ten (10) working days upon written demand by CITY, COUNTY shall pay to CITY, 50% of the cost associated with the completion of IMPROVEMENTS up to a total of twenty five thousand dollars ($25,000) . Appropriate invoiced documentation shall be included in said written demand from CITY. 4. CONSTRUCTION MANAGEMENT. CITY shall provide construction management and inspection services for IMPROVEMENTS. 5. TEMPORARY ACCESS EASEMENT. CITY and COUNTY, their officers, agents, employees, and persons under contract with CITY or COUNTY will have the privilege and right to enter upon or across the project site for the purpose of completing the terms of this Contract. Expiration of the temporary access easement does not preclude COUNTY or CITY from entering onto the project site for the purpose of inspecting IMPROVEMENTS. 6. MAINTENANCE AND OPERATION. CITY shall maintain the completed IMPROVEMENTS as necessary at the sole expense of CITY for a period of not less than ten (10) years. Said IMPROVEMENTS shall be maintained and operated at all times in accordance with Federal, State and local laws, regulations and safety standards. 7. ON-SITE INSPECTION COUNTY and CITY, their officers, agents and employees and persons under contract with COUNTY or CITY will have the privilege and right to on-site inspection of IMPROVEMENTS for the duration of this Contract. CITY will require that any contractor for IMPROVEMENTS ensure that its employees and agents furnish all information that, in the judgement of COUNTY and CITY representatives, may be relevant to questions of compliance with this Contract. 8. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE CITY shall make every effort to ensure that all projects funded wholly or in part by HUD CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, CITY shall make every 2 r effort to employ residents of the area and shall keep a record of the positions that have been created directly as a result of this Contract. San Bernardino County has a goal of 15 percent (15%) minority business enterprise (MBE) and 5 percent (5%) women business enterprise (WBE) participation for all contracts. CITY agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. CITY shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the San Bernardino County M/WBE Policy No. 11-15, and other applicable Federal, State and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. Information on these rules and regulations may be obtained from the Contract Compliance Officer of the County of San Bernardino at (909) 387-5584. 9. COMPLIANCE WITH LAWS All parties agree to be bound by applicable Federal, State and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 10. HOLD HARMLESS Each party shall indemnify and hold the other party, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from its activities and those of its officers, agents, volunteers and employees; and each party shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against the other party, its officers, agents, and employees, on any liability, claim or demand and satisfy any judgement that may be rendered against any of them arising or resulting from its activirties and those of its officers, agents, and employees without waiving its right for subsequent 50% reimbursement of expenditures. CITY shall assume liability for all and any direct expense incurred in providing services pursuant to this Contract and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness, or disease arising out of the provision of services. CITY, however, is obligated to promptly notify COUNTY in writing of the occurrence of any such loss or damage. 11. INSURANCE REQUIREMENTS In order to accomplish the indemnification provided in Section 10 (above) , but without limiting the indemnification, CITY shall secure and maintain throughout the term of this Contract the following types of insurance issued by companies acceptable to the COUNTY Risk Manager with limits as shown: Workers' Compensation - A program of Worker's Compensation insurance or a state-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of CITY and all risks to such persons under this Contract. 3 Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) . Errors and Omissions Liability Insurance - Combined single limits of one million dollars ($1,000,000) for bodily injury and property damage; or, Professional Liability - Professional liability insurance with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. Additional Named Insured - All policies, except for the Workers' Compensation coverage and Errors and Omissions or Professional Liability, shall contain additional endorsements naming COUNTY employees, agents, volunteers, and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. For Professional Liability coverage COUNTY shall be named as a designated person referencing this Contract's Number on the policy. Waiver of Subrogation Rights - CITY shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers, volunteers, employees, contractors and subcontractors. Policies Primary and Non-Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COUNTY. Proof of Coverage - CITY shall immediately furnish certificates of insurance or a letter certifying CITY's self-insurance program to ECD evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY. Within sixty (60) days of the commencement of this Contract CITY shall furnish certified copies of the policies and endorsements. CITY shall complete and submit Contract Exhibit 1 of 1, Insurance Inventory, along with the above required insurance documents. 12. VIOLATION OF CONTRACT In the event that either party violates any of the terms and conditions of this Contract, the other party shall give written notice of violence and demand for correction. If, within thirty (30) days from receipt of written notice, such party has not corrected the violation or shown acceptable cause, the noticing party has the right to terminate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by either party, the violating party shall pay to the other party within ten (10) days of receipt of Notice of Termination, the total funds paid by the other party under the terms of this Contract, as provided in Section 3, FUNDING. Said amount is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. 4 13. EASEMENTS, TRUSTS AND WARRANTIES A. It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are subject to all easements and rights-of-way now existing in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of the San Bernardino County Board of Supervisors shall not be liable to CITY or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by CITY or such person by reason of such determination. C. CITY assumes all risks incident to the use and management of said premises in its present condition or in any condition thereof which may prevail during the term of this Contract. D. Any major changes required by a competent government jurisdiction to the Contract which are beyond the control of CITY will make the Contract terms subject to renegotiation. E. It is expressly understood and agreed that COUNTY does not, in any way nor for any purpose, become a partner of CITY, or a joint venturer with CITY. 14. LABOR COMPLIANCE DUTIES OF CITY For the purpose of this Contract CITY shall be solely responsible for labor compliance and associated record keeping during the construction of IMPROVEMENTS. CITY shall be responsible for ensuring that all contractor(s) and subcontractor(s) hired under the provisions of this Contract, comply with Federal Labor Standard Provisions (HUD form 4010) , prevailing wage requirements and Equal Employment Opportunity regulations. CITY shall also conduct on-site interviews with contractor and sub-contractor employees regarding their work classification and rate of pay. CITY shall submit to COUNTY a copy of each contractor's and subcontractor's weekly certified payroll (HUD form WH-347) and monthly employment utilization report (HUD form CC-257) upon their receipt from each contractor and sub-contractor. CITY shall provide COUNTY with minutes of construction progress meetings for IMPROVEMENTS. CITY shall provide COUNTY with a copy of all correspondence related to labor compliance and associated record keeping during the construction of IMPROVEMENTS. CITY shall be responsible at its sole expense and resource for enforcing compliance with applicable labor laws and regulations, including investigating and correcting violations, withholding funds, making restitution and paying penalties and damages as required by said laws and regulations. 15. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral contracts not contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless submitted in the form of a written amendment to this Contract formally approved and executed by the parties. 5 16. NOTICES. All notices shall be served in writing. The notices shall be sent by prepaid first class mail to the following addresses: COUNTY CITY OF SAN BERNARDINO County of San Bernardino City of San Bernardino Department of Economic and Economic Development Agency Community Development 201 North "E" Street 474 West Fifth Street San Bernardino, CA 92401-1507 San Bernardino, CA 92415-0040 17. EFFECTIVE DATE. This Contract shall be dated and effective the date the last of the parties hereto execute this Contract and shall continue for the useful life of the IMPROVEMENTS covered under the terms of this Contract but not less than ten (10) years. 18. INVALID CONDITIONS. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 19. BINDING INTEREST. This Contract shall be binding on the parties, their successors in interest, heirs and assigns. 6 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: By; Chairman, Board of Supervisors Mayor Date: Date: APPROVED AS TO FORM AND LEGAL CONTENT SIGNED AND CERTIFIED THAT A COPY OF JAMES F. PENMAN THIS DOCUMENT HAS BEEN DELIVERED TO City Attorney THE CHAIRMAN OF THE BOARD EARLENE SPROAT By: Clerk of the Board of Supervisors of the County of San Bernardino Date: By: Date: ATTEST: By: City Clerk Date: APPROVED AS TO LEGAL FORM ALAN K. MARKS COUNTY COUNSEL By: Deputy County Counsel Date: AGMTS/MUSCSEWE.AGT 7/l/93/TCR/bjj 1/10/94/TCR/bjj 7 City of San Bernardino a City Administration/Risk Manage Di`iis.- + 300 N."D"Street S -_--•- San Bernardino,CA 92 0 JAN U 1994 Victor F.Lorch Shauna Clark Director,Risk Management City Administrator CERTIFICATE OF INSURANCE OR SELF-INSURANCE In the event of cancellation of the self-insurance programs or policies designated below,it is the intent of the City of San Bernardino to mail 30 days'prior notice thereof to: County of San Bernardino Department of Community Development 474 W. 5th Street San Bernardino , California 92415 TheCityof San Bernardino certifies that the following self-insurance programs or insurance policies are in force: For sewer improvement project along Blake Street from Kerry to Macy Street . COMPANY AND POLICY LIMITS OF LIABILITY TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Property Damage Comprehensive General Liability Self-insured indefinite $1,000,000 Combined Single Limits incl.Auto Liability Excess Comprehensive General Liability incl.Auto Liability Workers Compensation self-insured indefinite statutory no coverage O T H E R This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino,Risk Management Division. cc: Victor F.Lorch 1/6/94 Director of Risk Management City of San Bernardino Date Authorized Representative Signature For information regarding the above self-insurance policies,please contact Risk Management Division at(909)584-5308 RISK4.W(1.93) 6