Loading...
HomeMy WebLinkAboutWSA 2000-1086_CBWCDFOR COUNTY USE ONLY SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT E yew Vendor Code pt. Contract Number M Change A 00-1 08B x Cancel 097 County Department Dept. Orgn. Contractor's License No. Public Works — Flood Control 097 097 Flood Control District Contract Representative Ph. Ext. Amount of Contract Jim Borcuk, P.E., Chief 77962 Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number RFA 091 091 200 2445 F01636 Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D T Project Name GROVE AVENUE DETENTION _ BASIN OUTLET CONTROLS AND WATER SPREADING 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 Chino Basin Water Conservation District hereinafter called CBWCD Address RE I E 4594 San Bernardino Street, P. O. Box 2400 C E Montclair, CA 91763-0900 Phone Blrth Date " (909) 626-2711 CHINO BASIN WATER Federal ID No. or social security No. CONSERVATION DISTRICT IT IS HEREBY AGREED AS FOLLOWS: (live apace below and additional pond sheets. Set forth service to be rendered, anrount to be paid, manner of payment, rune for performmice or completion, deternination ofsatisfactory performance mid eause.for termination, other terms and conditions, mid attach plans, specificatimte, and addenda, ifmrv.) ' WITNESSETH WHEREAS, the DISTRICT and CBWCD desire to cooperate and facilitate the construction of proposed flood control and water conservation improvements on the outlet of the existing Grove Avenue Detention Basin, located in the City of Ontario, California, hereinafter referred to as the BASIN; and, WHEREAS, the BASIN and associated storm drains were constructed approximately a year ago under PHASE I and PHASE II construction work; and, WHEREAS, the proposed improvements covered under this contract consist of PHASE III and PHASE IV work; hereinafter referred to as the PROJECT; and, WHEREAS, PHASE III work includes the construction of a catwalk structure, installation of two sluice gates and appurtenances; and, WHEREAS, PHASE IV work includes the installation of electric operators for the proposed sluice gates, possible installation of a water level/depth sensor both in the BASIN and in the existing manhole located immediately downstream of the 66" outlet sluice gate, installation of electrical controls and telemetry system for operating the gates, installation of a backup generator for proposed electrical equipment, and construction of an outlet control Building, etc. and, WHEREAS, prior to the release of the PHASE I and PHASE II construction work, the DISTRICT anticipated the construction of the PROJECT to follow, shortly thereafter, under a separate contract or contracts, to supplement the BASIN improvements; and, Page 1 of WHEREAS, the CBWCD, in addition to internally funding $160,000 for the PROJECT, obtained a Clean Water Act Grant, in the amount of $240,000, for the same from the State Water Resources Control Board, under Agreement No. 9-045-258-0, dated August 19,1999; and, WHEREAS, the CBWCD desires to spread water for conservation purposes within the BASIN to the maximum extent feasible; and, WHEREAS, CBWCD is agreeable to having the DISTRICT administer the design and construction contract(s) for the PROJECT; and, WHEREAS, the overall cost of the PROJECT shall include the costs for surveying, engineering, inspection support, contract administration, construction, document preparation, and materials, etc; and, WHEREAS, the construction cost and the overall cost of the PROJECT are estimated at $450,000 and $550,000, respectively; and, WHEREAS, the DISTRICT and CBWCD desire to set forth their respective responsibilities and obligations regarding the PROJECT; and, NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS: That the above recitals are considered a part of this Contract and therefore, enforceable; and that the DISTRICT SHALL: 1. Make provisions for and/or provide all surveying, engineering, inspection support, contract administration, labor, equipment and materials necessary for the PROJECT to be constructed. 2. Administer the design contracts, and administer and advertise the construction contracts for both PHASE III and PHASE IV of the PROJECT. 3. Work with CBWCD to refine the scope of work for PHASE IV of the PROJECT with the intent to meet the estimated overall construction cost of the PROJECT of $450,000. 4. Submit to CBWCD the construction contract packages and the estimated construction costs for the two phases of the PROJECT, for review and acceptance, prior to the advertisement of the respective phases of the PROJECT for construction. 5. Within sixty (60) days after completion of the construction of the PHASE III PROJECT, provide CBWCD with a statement and calculations for the actual construction cost of the PHASE III PROJECT. Such "statement" shall contain cost and expense details relative to the work performed and products installed in the completion of the PHASE III PROJECT. Attached to the "statement" shall be legible copies of Contractor invoices for labor, equipment, materials, and products used or installed in the work of this phase. The statement and its attachments shall be in sufficient detail so as to enable the CBWCD to comply with the terms for "Invoicing Procedures" under the previously mentioned SWRCB Agreement No. 9-045-258-0. 6. Within sixty (60) days after completion of the construction of the PHASE IV PROJECT, provide CBWCD with a statement and calculations for the actual construction cost of the PROJECT and refund unexpended funds remaining from the previous deposits. Such "statement" shall contain cost and expense details relative to the work performed and products installed in the completion of the PHASE IV PROJECT. Attached to the "statement' shall be legible copies of Contractor invoices for labor, equipment, materials, and products used or installed in the work of this phase. The statement and its attachments shall be in sufficient detail so as to enable the CBWCD to comply with the terms for "Invoicing Procedures" under the previously mentioned SWRCB Agreement No. 9-045-258-0. Page 2 of 7 7. Be responsible for incurring any costs of the PROJECT in excess of the $384,000 to be contributed by the CBWCD under this Contract, estimated at ($550,000 - $384,000) _ $166,000. 8. Be responsible for incurring all of the construction ' contract administration costs for the PROJECT, estimated at $60,000, which is included in the $166,000 shown above. 9. Be responsible for incurring any costs for design and preparation of construction contracts documents for the PROJECT, in excess of $38,000 being participated by CBWCD from their overall participation of $384,000. 10. Obtain all environmental clearances for the proposed PROJECT, and indemnify CBWCD from any and all challenges made with regard thereto. 11. Provide CBWCD with "as constructed" plans of the completed PROJECT. 12. At its discretion, solely operate the outlet works for flood control purposes and conservation of water to the maximum extent feasible. The DISTRICT shall, at its sole discretion and as and when necessary, interrupt the water spreading activities by discharging any and all existing water from the BASIN to handle any in progress or anticipated storm activity. 13. Absent any anticipated significant storm activity or storm water flows, allow a maximum of 5 feet of stored water within the BASIN during the year. Higher storage may be allowed during the dry months (April 15 to October 15) pursuant to a mutually agreed upon basin operation plan, yet to be developed. 14. Upon completion of PROJECT, operate and maintain the improvements referred to as PROJECT at its sole cost or expense. 15. Provide in the Special Provisions for the PROJECT, that the CBWCD and its officers, employees, agents, and volunteers be named as "additional insured" on all liability insurance policies required of contractors and subcontractors retained by DISTRICT to complete the PROJECT. The insurance afforded to these additional insured shall be primary insurance. Further, copies of liability and workers compensation insurance certifications and endorsements shall be provided to CBWCD prior to any contractors or subcontractors entering the BASIN area. 16. Provide in the PROJECT Specifications relating to "Dust Control" for the use of clean water with no chemical additives. Also, provide in the "Disposal of Material' section that no disposal, burning, or burial of such disposable materials shall occur within the BASIN area. 17. As conditioned herein, allow the CBWCD, for water conservation and water percolation purposes, to use portions of the BASIN provided no such use, construction, reconstruction, or maintenance by CBWCD shall interfere or conflict with any DISTRICT structures, facilities, operations, or uses which DISTRICT has or intends to have within the BASIN. The DISTRICT shall not knowingly allow the discharge into the BASIN of any sewage, pollution, or other waters not in conformance with laws relating to water quality. 18. Submit to CBWCD plans for any additional and related improvements to the BASIN, in the future, for CBWCD'S review. 19. Complete the PHASE III PROJECT by March 31, 2001 and complete the PHASE IV PROJECT by August 31, 2001. Page 3 of 7 CBWCD SHALL: 1. During the design developmental stages and prior to the advertisement for the construction of the PROJECT, review, provide comments as deemed necessary, and accept or reject the contract packages, at no cost to the DISTRICT. 2. Review and accept or reject the estimated construction costs for the two phases of the PROJECT, prior to the advertisement of the respective phases of the PROJECT for construction. 3. Work with the DISTRICT in developing an operational and maintenance plan for the PROJECT. 4. Pay $346,000 towards the actual Construction costs and $38,000 towards Costs for preparation of design and construction contract documents for the PROJECT, for a total not to exceed cost of $384,000. 5. Deposit with the DISTRICT $150,000 towards the estimated construction costs of the PHASE III PROJECT prior to the award of a contract for construction of the PHASE III PROJECT. 6. Deposit with the DISTRICT ($384,000 - $150,000) _ $234,000 towards both the estimated cost for preparation of design and construction contract documents for the PROJECT and the estimated construction costs of the PHASE IV PROJECT prior to the advertisement of the construction contract for the PHASE IV PROJECT. 7. Submit to DISTRICT plans for any additional and related improvements to the BASIN, in the future, for DISTRICT'S review and written approval. Such approval shall not be unreasonably withheld by the DISTRICT, if in the opinion of the DISTRICT, the proposal does not interfere or conflict with the DISTRICT'S structures, facilities, operation, design intent, or use of the BASIN. IT IS MUTUALLY AGREED AS FOLLOWS: 1) Construction of the PHASE III PROJECT shall not commence until plans, specificatiors, and bids from the contractor(s) for this phase are reviewed and approved by the DISTRICT and reviewed and accepted by the CBWCD. 2) Construction of the PHASE IV PROJECT shall not commence until plans, specifications, and bids from the contractor(s) for this phase are reviewed and approved by the DISTRICT and reviewed and accepted by the CBWCD. 3) Representatives of the DISTRICT and CBWCD will cooperate and consult with each other during the construction of the PROJECT to complete the PROJECT to the satisfaction of the DISTRICT and CBWCD representatives. 4) Water spreading activities currently allowed under Permit No. P-199062, issued September 22, 1999 to CBWCD, shall temporarily suspend during the construction of the PROJECT. Water spreading activities can resume, as appropriate, within the BASIN, when all construction activities for the PROJECT are completed. Water spreading activities may be suspended periodically, in the future, for flood control purposes and for allowing the DISTRICT and/or CBWCD personnel to perform any required maintenance activities in the BASIN. 5) Monitoring information shall be provided to both the DISTRICT and CBWCD to allow both parties data on inflow, outflow, and water level in the BASIN. The DISTRICT shall retain full control of the operation of the sluice gates through a remote control telemetric system and/or through controls located at the BASIN. 6) The CBWCD's review of plans and specifications of the PROJECT is only to assure general conformity of the PROJECT and operational characteristics as they relate to the percolation and water conservation needs of CBWCD and shall not be construed as relieving the Page 4 of 7 DISTRICT of any responsibility for properly building the PROJECT. The DISTRICT has made no representations to the CBWCD that the BASIN is of adequate or sufficient capacity or construction to accommodate the joint water related operations of the DISTRICT and CBWCD. 7) CBWCD acknowledges the DISTRICT'S real property ownership interests and priority of rights to the BASIN for flood control purposes. In this regard: a) CBWCD agrees to cost -share with the DISTRICT towards the cost of the DISTRICT either performing or having performed work related to vector control, weed and pest abatement, which are due primarily to the dead storage. The cost -share arrangement shall provide for the DISTRICT paying 34% of all such costs and CBWCD paying 66%. CBWCD shall reimburse DISTRICT within sixty (60) days of billing for such work. In the event there is a dispute over the cost share, ultimate resolution of the disputed costs shall be decided between the Manager of CBWCD and the Flood Control Engineer, or their designated representatives. Should resolution not be possible and third party arbitration be required, both CBWCD and DISTRICT agree to share equally in the costs of arbitration. b) DISTRICT'S routine maintenance and operation work, when performed as conditioned herein, shall include debris load removal from the BASIN as a means to restore BASIN'S flood control characteristics. All such work shall be at no cost or expense to the CBWCD. c) Any maintenance and operation work, including "scarification" work within the BASIN that is done as a means to restore BASIN'S percolation characteristics shall be performed at CBWCD'S. sole expense. When the BASIN is scheduled for such activities, the CBWCD shall obtain approval from the DISTRICT at least 48 hours in advance of commencement of activities. 8) Neither party to this Contract, nor officers or employees thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party to the Contract under or in connection with any work, authority, or jurisdiction not delegated to the parties under this Contract. 9) The CBWCD agrees to indemnify and hold harmless the DISTRICT, its authorized elective and appointive boards, officers, agents, volunteers, and employees against any and all claims, actions, losses, damages, and/or liability arising out of this Contract due to any and all acts, errors or omissions of the CBWCD and/or its elective and/or appointive boards, officers, employees, agents and/or volunteers and for any costs or expenses incurred by the DISTRICT on account of any such claims, actions, losses, damages and/or liability, except where prohibited by law. 10) The duties of CBWCD to indemnify and hold harmless DISTRICT as set forth above are in addition to any insurance that may be available to cover any such claims, actions, 'osses, damages, and/or liability and shall apply regardless of whether any insurance policies or programs of self-insurance apply. The policy limits of any insurance policy or self-insurance program shall not act as a limitation on the amount of indemnification to be provided by CBWCD. 11) The DISTRICT agrees to indemnify and hold harmless the CBWCD and its authorized elective and appointive boards, officers, agents, volunteers, and employees against any and all claims, actions, losses, damages, and/or liability arising out of this Contract due to any and all acts, errors or omissions of the DISTRICT and/or its elective and/or appointive boards, officers, employees, agents, and/or volunteers and for any costs or expenses incurred by the CBWCD on account of any such claims, actions, losses, damages, and/or liability, except where prohibited by law. Page 5 of 7 12) The duties of DISTRICT to indemnify and hold harmless CBWCD as set forth above are in addition to any insurance that may be available to cover any such claims, actions, losses, damages, and/or liability and shall apply regardless of whether any insurance policies or programs of self-insurance apply. The policy limits of any insurance policy or self-insurance program shall not act as a limitation on the amount of indemnification to be provided by DISTRICT. 13) Furthermore, if the DISTRICT or CBWCD attempts to seek recovery from the other for Workers Compensation benefits paid to an employee, the DISTRICT and CBWCD agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 14) In the event the DISTRICT and/or CBWCD is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Contract, the DISTRICT and/or CBWCD shall indemnify the other to the extent of its comparative fault. 15) In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the CBWCD shall secure and maintain throughout the term of the Agreement the following types of insurance with limits as shown: a) Workers' Compensation — A program of workers' compensation insurance or a state approved self insurance program in an amount and form to meet all applicable requirements of the Labor Code of this State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the CBWCD and all risks to such persons under this agreement. b) Comprehensive General and Automobile Liability Insurance — This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non -owed vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). c) All policies with respect to the insurance coverage above required, except for the workers' compensation insurance coverage, if applicable, shall obtain additional endorsements naming the San Bernardino County, DISTRICT, its authorized elective and appointive boards, officers, agents, volunteers, and employees as additional named insured with respect to liabilities arising out of the performance of services hereunder. d) The CBWCD shall require the carriers of the above required coverage to waive all rights of subrogation against the County, DISTRICT, its authorized elective and appointive boards, officers, agents, volunteers, and employees. e) All policies required above are to be primary and non-contributing with any insurance of self- insurance programs carried or administered by the DISTRICT. f) CBWCD shall immediately furnish certificates of insurance and within sixty (60) days provide certified copies of all policies and endorsements to the DISTRICT evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the DISTRICT and shall maintain such insurance from the time work commences on performance of services hereunder until the completion of such services. g) The policy obtained by CBWCD shall state that thirty (30) day prior written notice of cancellation, change, or expiration will be given to the DISTRICT. Page 6 of 7 0-111, -111, 16) The term of this Contract is for five (5) years from the execution date, unless terminated as hereinafter specified. The DISTRICT will consider approval of five (5) year time extensions upon written request from the CBWCD one (1) year prior to the expiration of the initial five (5) year period and any subsequent five (5) year time extensions thereof. Approval by the DISTRICT of said extensions shall be subject to review as to the current fiscal environment and the DISTRICT'S current land use needs at that time. Said approval of subject five (5) year time extensions will not be unreasonably withheld. A total of six (6) time extensions will be allowed. 17) This Contract supercedes and terminates DISTRICT Permit P-199062, issued September 22, 1999 to CBWCD. This permit was issued "To perform water spreading activities and to construct modifications to the basin." The modifications include, but are not limited to, the installation of water control gates, catwalk structures, monitoring/telemetry equipment and electrical controls and operators. 18) No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto and no oral understanding or Contract not incorporated herein shall be binding on any of the parties hereto. THIS CONTRACT shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their respective officials thereunto duly authorized: - - IN WITNESS THEREOF, this Contract, consisting of 7 pages, has been fully executed on behalf of the CBWCD by its duly authorized officers, and the DISTRICT has caused the same to be duly executed in its name in its behalf by its duly authorized representatives, effective as of the date hereinbelow written. IN WITNESS WHEREOF, the parties have executed this Contract this day of 2000. SAN BERNAR COTROL DISTRICT ► �of1V`a��)UN�(F D JON D. MIKEUSA Chairman, Board of Supervisors Dated OCT 2 4 2000 OVA Lf CV - 09V' SIGNED AND CERTIFIED 4AT A COPY OF THIS DOCUMENT HAS BEEWDELIVERED TO THE CHAIRMAN OF THE BOARD:'' Clerk of the;'Boarrd ;of. -Supervisors of the County of San Bernardino" r; r� By ► Deputy Approved as to Legal Form Reviewed as to AT&na ve P CCunty"C6L( I Date Za ' �/ Date CHINO BASIN WATER CONSERVATION DISTRICT (State if corporation, company, etc.) By ► /,�Gtiv.PX ��L�G� �&D. 9-13-6a) (Authorized Signature) (Print) - Name BARRETT KEHL Dated d�.{v6e,-_ 6� 2 Do 0 Title General Manager Address 4594 San Bernardino Street, P. O. Box2400 Montclair, CA 91763-0900 Reviewed for Processing ►10,* Agency Administrator/CAO — Cl D 1 Date Page 7 of 7