HomeMy WebLinkAboutColton Joint Unified School District-2006-08 (3) iJ
STORMWATER DRAINAGE FACILITIES
MEMORANDUM OF UNDERSTANDING
This STORMWATER DRAINAGE FACILITIES MEMORANDUM OF
UNDERSTANDING ("Agreement") is entered into by and between THE CITY OF GRAND
TERRACE, a California municipal corporation ("City") and COLTON JOINT UNIFIED
SCHOOL DISTRICT, a California public school district ("District"). The City and District are
sometimes referred to herein individually as "Party"and collectively as"Parties"
RECITALS:
A. District and the Community Redevelopment Agency of the City of Grand Terrace
("Agency") are parties to that certain School Site Purchase Agreement and Escrow Instructions
dated as of January 12, 2006 ("School Site Purchase Agreement")pursuant to which District is to
acquire certain real property located within the City upon which District intends to locate school
facilities. The proposed school site is located north of Main Street, south of Van Buren Avenue,
east of Taylor Street, west of Michigan Street in the City of Grand Terrace, State of California(the
"School Site").
B. Currently, stormwater flows generated from upstream properties are conveyed
through the School Site via Pico Street. However, the construction of school facilities on the
School Site will require the vacation of Pico Street and will therefore create the need for a
stormwater drainage facilities to convey stormwater flows through the School Site to historic flow
areas (the "Stormwater Drainage Facilities"). The Storm Water Drainage Facilities consists of
the following major components: (1) inlet structures at the upstream end of the School Site to
capture stormwater flows from upstream properties; (2) a forty-eight (48) inch pipe ("Pipe") to
convey stormwater flows collected at the inlet structures below the surface of the School Site; (3)
outlet structures located at the downstream end of the School Site; and (4) a retention basin
("Retention Basin") into which the outlet structures shall discharge. The Retention Basin will be
located on a portion of certain real property located immediately adjacent to the School Site and
commonly known as Assessor's Parcel No. 1167-151-58. Said parcel is currently owned by the
Agency, a portion of said parcel is to be conveyed by the Agency to the District pursuant to the
School Site Purchase Agreement, and the Retention Basin will be located on that portion of said
parcel retained by the Agency after such conveyance.
C. District shall, in conjunction with its construction of a school on the School Site, pay
for the costs of designing and constructing the Stormwater Drainage Facilities. The City shall
reimburse the District, in the manner hereinafter set forth, for a portion of the costs of constructing
the Stormwater Drainage Facilities.
D. As more fully described in the that certain 'Preliminary Construction Cost Estimate
— Pico Storm Drain' prepared by Epic Engineers dated August 2006, a copy of which is attached
hereto as EXHIBIT A and incorporated herein by reference, the current estimated costs for
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construction of the Stormwater Drainage Facilities is Three Hundred Twenty-Eight Thousand Two
Hundred Fifty Dollars and No Cents ($328,250.00) plus a fifteen percent (15%) contingency
amount of Forty-Nine Thousand Two Hundred Thirty-Seven Dollars and Fifty Cents ($49,237.50),
for a total estimated cost of Three Hundred Seventy-Seven Thousand Four Hundred Eighty Seven
Dollars and Fifty Cents ($377,487.50)("Total Estimated Construction Costs").
E. The Parties desire to enter this Agreement for the purpose of developing an
understanding between the City and District for the design, construction, and funding of the
Stormwater Drainage Facilities.
NOW, THEREFORE, IN CONSIDERATION of the foregoing Recitals, and for other good
and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
parties agree as follows:
AGREEMENT:
1. Incorporation of Recitals. The Parties agree that the Recitals constitute the factual
basis upon which the City and District have entered into this Agreement. City and District each
acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this
Agreement as though fully set forth at length.
2. Effective Date. The Parties hereto have executed this Agreement on the dates set
forth below next to,their respective signatures. This Agreement shall be effective as of the date
("Effective Date")all of the following are true:
2.1 This Agreement has been approved by the Parties respective governing
boards or delegated representatives and signed by all Parties; and
2.2 Fee title to the School Site has been conveyed to District pursuant to the
School Site Purchase Agreement.
If the Effective Date has not occurred by March 1, 2007, then this Agreement shall
be null and void and of no force and effect.
3. Design.
3.1 Stormwater Drainage Facility and Retention Basin. Within thirty (30) days
of the Effective Date, and subject to approval by District's Board of Education, District agrees to
enter into a contract with Epic Engineers to begin design of the Stormwater Drainage Facilities.
The contract with Epic Engineers will require Epic Engineers to design the Stormwater Drainage
Facilities under the existing WLC Architects, Inc. contract for the School Site, and based on the
City of Grand Terrace Stormwater Layout, as prepared by Kicak and Associates (Work Order No.
12.428, 1989), in accordance with all applicable federal, state, and local laws,rules and regulations.
The contract with Epic Engineers shall specify that Epic Engineers shall take into consideration the
depth of the future San Bernardino 48-inch water supply pipeline to be installed in Taylor Street
and shall design the Stormwater Drainage Facilities so that they may be extended downstream in
the future without impact to the water supply pipeline.
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3.2 Costs of Design and Construction. Subject to reimbursement from the City
as described in Section 5.2, District shall advance all costs and expenses associated with the design
and construction of the Stormwater Drainage Facilities.
4. Issuance of License, Approvals and Permits. Subject to the provisions of this
Agreement, City agrees to issue all licenses, permits and approvals required to construct and/or
install the Stormwater Drainage Facilities, including, without limitation, approvals necessary for
the Stormwater Drainage Facilities to outlet onto the Retention Basin, upon normal and typical
review of applications for such matters. The City shall not require the District to pay any fees or
charges for the issuance of such licenses, approvals or permits.
5. Construction.
5.1 Stormwater Drainage Facilities. Subject to reimbursement from the City as
described in Section 5.2, District shall be responsible for the construction of the Stormwater
Drainage Facilities. District shall secure appropriate bids and award the contract to a qualified
contractor for the construction of the Stormwater Drainage Facilities in compliance with all
applicable federal, state, and local laws, rules and regulations. District shall complete construction
of the Stormwater Drainage Facilities before removal of existing flood way and public right-of-
way.
5.2 Costs of Construction. At the completion of the construction of the
Stormwater Drainage Facilities, District shall provide to City an invoice ("Invoice") for all costs
related to construction of the Stormwater Drainage Facilities, together with supporting
documentation for all item(s) shown thereon, including bills and copies of cancelled checks (front
and back) evidencing District's payment of such costs. Within thirty (30) calendar days following
City's receipt of the Invoice, City shall pay to District the amount of One Hundred Thirty Thousand
Dollars and No Cents ($130,000.00).
6. Indemnification.
6.1 Indemnification by City: City hereby agrees to defend, indemnify and hold
free and harmless District and District's elected and appointed officials, officers, and employees
from and against any and all liability, expense, including defense costs and legal fees, and claims
for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury,
death or property damage, arising from or connected with City's actions under this Agreement,
including any Worker's Compensation suits, liability, or expense, arising from or connected with
services performed on behalf of City by any person pursuant to this Agreement, whether such
claims, damages,liabilities, costs and/or judgments are based upon alleged negligence, a dangerous
condition of public property, or any other theory of liability. City's duty to indemnify District shall
survive the termination of this Agreement as to any injuries, occurrences or claims occurring or
alleged to have occurred prior to its termination.
6.2 Indemnification by District: District hereby agrees to defend, indemnify, and
hold free and harmless City and City's elected and appointed officials, officers, and employees
from and against any and all liability, expense, including defense costs and legal fees, and claims
for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury,
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death or property damage, arising from or connected with the District's actions under this
Agreement, including any Worker's Compensation suits, liability, or expense, arising from or
connected with services performed on behalf of District by any person pursuant to this Agreement,
whether such claims, damages, liabilities, costs and/or judgments are based upon alleged
negligence, a dangerous condition of public property, or any other theory of liability. District's
duty to indemnify City shall survive the termination of this Agreement as to any injuries,
occurrences or claims occurring or alleged to have occurred prior to its termination.
6.3 Tort Indemnification: The Parties recognize that this Agreement is subject to
the provisions of Section 895 et seq. of the Government Code. Pursuant to Section 895.4 of the
Government Code, the Parties as part of this Agreement will provide for contribution or
indemnification upon any liability arising out of the performance of this Agreement. Each Patty
shall defend, indemnify, and hold harmless the other Party, its directors, elected officials, officers,
employees, and agents from any and all actual or alleged claims, demands, causes of action,
liability, loss, damage, or injury, to property or persons, including wrongful death, whether
imposed by a court of law or administrative action of any federal, state, or local governmental body
or agency, arising out of or incident to the performance of this Agreement and resulting from the
negligence or wrongful act of that Party, its directors, elected officials, officers, employees, and
agents. This indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards,decrees, attorneys' fees,and related costs or expenses relating to this section.
7. Termination for Cause. In the event that either Party defaults in the performance of
this Agreement, the other Party shall have the option to terminate this Agreement upon thirty (30)
days prior written notice to the defaulting Party.
8. Delivery of Notices and Other Communications. All notices and other
communications required or permitted between the Parties hereunder shall be in writing, and shall
be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid,
return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv)
sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel
Service), addressed to the Party to whom the notice is given at the addresses provided below,
subject to the right of any Party to designate a different address for itself by notice similarly given.
Any notice so given by registered or certified United States mail shall be deemed to have been
given on the third business day after the same is deposited in the United States mail. Any notice
not so given by registered or certified mail, such as notices delivered by personal delivery,
facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of
the same by the Party to whom the notice is given. Rejection or other refusal to accept or the
inability to deliver because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice or other communication sent.
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To City: City of Grand Terrace
22795 Barton Road
Grand Terrace, California 92313-5295
Attn: City Manager
Telephone: (909) 824-6621
Facsimile: (909) 783-7629
With a Copy to: Harper&Burn
453 South Glassell Street
Orange, California 92866-1906
Attn: John R. Harper,Esq.
Telephone: (714) 771-7728
Facsimile: (714) 774-3350
To District: Colton Joint Unified School District
1212 Valencia Drive
Colton,California 92324-1798
Telephone: (909) 580-5000 (x 6642)
Facsimile: (909) 433-9468
Attn: Dennis Byas, Superintendent
With a Copy to: Best Best&Krieger LLP
3750 University Avenue
Post Office Box 1028
Riverside,California 92502
Telephone: (951)686-1450
Facsimile: (951) 682-7308
Attn: Kendall H. MacVey
9. Relationship of Parties. Nothing contained in this Agreement shall be deemed or
construed by the Parties or by any third person to create the relationship of principal and agent, or
partnership or joint venture, or any association between City and District, and none of the
provisions contained in this Agreement or any act of the Parties shall be deemed to create any
relationship other than as specified herein with respect to the matters contained herein, nor shall
this Agreement be construed, expect as expressly provided herein, to authorize either Party to act as
the agent for the other Party.
10. Resolution Without Arbitration. In the event any dispute arises over the terms of
this Agreement, City and District Representatives shall meet and confer with the object of resolving
such disputes within forty-eight (48) hours of the request of either Party. If, within seven (7) days,
or such longer period as may be agreed upon by the Parties, the dispute cannot be resolved by the
City and District Representatives to their mutual satisfaction, the City and District Representatives
shall then convene a committee composed of themselves and two (2) members each of the City
Council of City and Board of Education of District, selected by such legislative bodies, in their
discretion. The committee shall meet as soon as possible to attempt to resolve the dispute to the
mutual satisfaction of City and District.
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11. Arbitration of Disputes. If the committee convened pursuant to Section 11 is unable
to resolve any dispute between City and District within fourteen (14) days, or such longer period as
may be agreed upon by the Parties, such disputes shall be decided by arbitration in accordance with
the then current rules of the American Arbitration Association, unless the Parties mutually agree in
writing otherwise. No arbitration shall include any party other than City and District and any other
person substantially involved in a common question of law or fact whose presence is required if
complete relief is to be accorded in the arbitration. The award rendered by the arbitrator(s) shall be
final and judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof. Notice of a demand for arbitration shall be filed with the other Party and with
the American Arbitration Association within a reasonable time and in no event after the date on
which legal or equitable proceedings based on such claim, dispute or matter in question would be
barred by the applicable statute of limitations.
12. Severability. If any term or provision of this Agreement shall be held invalid or
unenforceable,the remainder of this Agreement shall not be affected.
13. Construction. This Agreement shall be interpreted in accordance with and governed
by the laws of the State of California. The language contained herein shall be construed according
to its fair meaning and not strictly for or against either Party. The paragraph headings are for
purpose of convenience only, and shall not be construed to limit or extend the meaning of this
Agreement.
14. Attorneys' Fees. In the event any action is commenced to enforce or interpret any
term or condition of this Agreement, in addition to costs and any other relief, the prevailing party
shall be entitled to reasonable attorneys' fees and costs.
15. Entire Agreement. This Agreement contains the entire agreement of the Parties with
respect to the matters contained herein. No prior agreement or understanding of the Parties with
respect to the matters referred to herein shall be valid or of any force or effect.
16. Assignment. This Agreement shall not be assigned without the written consent of
the Parties, any assignment without such written consent shall be void and ineffective.
17. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties hereto.
18. Amendment to Agreement. The terms of this Agreement may not be modified or
amended except by an instrument in writing executed by each of the Parties.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date(s)set forth
next to their respective signatures below.
[Signatures on following pages]
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• SIGNATURE PAGE TO
STORMWATER DRAINAGE FACILITIES
MEMORANDUM OF UNDERSTANDING
CITY OF GRAND TERRACE,
a California municipal corporation
Date: By: 26A ��if—Pc,
IPs ric_/
ATTEST:
City Clerk
APPRO ED AS 0 LEGAL FORM:
By:
Ci A ey
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12/1B/2006 01:55 9516821832 BBK PAGE 10/15
12/15/2306 B9:48 43460 FACILITIES PAGE B2/02
SIGNATURE PAGE TO
STORMWATER DRAINAGE FACILITIES
MEMORANDUM OF UNDERSTANDING
CITY OF GRAND TERRACE,
a California municipal corporation
Date: _ Ey: A �,L•
�/�/f-L>.�
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ATTEST:
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City Clerk
APPROVE• AS TO LEGAL FORM:
By:
Ci A A . y
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SIGNATURE PAGE TO
STORMWATER DRAINAGE FACILITIES
MEMORANDUM OF UNDERSTANDING
COLTON JOINT UNIFIED SCHOOL DISTRICT
a California public school district
Date: \iZ -��, By: � .
Casey elich
Its: Assistant uperintendent, Business Services
APPROVED AS TO LEGAL FORM:
BEST BES &KRIEG L
n
Legal Counsel
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Colton Joint Unified School District
Colton High School No. 3
Preliminary Construction Cost Estimate
Pico Storm Drain
August,2006
Prepared By:
EPIC Engineers
101 East Redlands Blvd. , • "` +
Suite 146
Redlands, CA 92373
Prepared For:
WLC Architects
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Colton High School No. 3
Summary Of Construction Costs
Category Total
1 General Project Costs $27,000.00
2 Off-Site Utility Improvements $301,250.00
Subtotal $328,250.00
4 Contingency (15%) $49,237.50
Total Preliminary Site Construction Cost $377,487.50
Notes:
1.This estimate is for informational purposes only and is not intended for use in bidding purposes.
2.The unit prices on this estimate are subject to revision.
3.This estimate was prepared per plans dated 8/2006 and is subject to revision.
Prepared By:
EPIC Engineers Date 12/1/2006
101 East Redlands Blvd.
suite 146 Sheet 1 of 3
Redlands,CA 92373
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Colton High School No. 3
1. General Project Costs
Item# Description Quantity Unit Cost/Unit Total Cost
1.01 Mobilization 1 LS $15,000.00 $15,000.00
1.02 Clear and Grub 1 LS $10,000.00 $10.00000
1.03 Erosion Control 1 LS $7,000.00 $2,000.00
1.04 Testing and Inspections 1 LS $5,000.00 $2,000.00
1.05 Construction Staking 1 LS $5,000.00 $2,000.00
1.04 Total General Coats $27,000.00
Prepared By:
EPIC Engineers Date 12/1/2006
101 East Redlands Blvd.
Suite 146 Sheet 2 of 3
Redlands,CA 92373
GO V
Colton High School No. 3
2.Pico Street Storm Drain & Channel
Item# Description Quantity Unit Cost/Unit Total Cost
2.01 48"RCP Storm Drain Line 960 LF $187.50 $180,000 00
2.02 12"PVC Storm Drain Line 200 EA $60.00 $12,000.00
2.03 Catch Basin 8 Local Depression 1 LF $20,000.00 $20,000.00
2.04 Storm Drain Manhole 2 EA $12,00000 $24,000.00
2.05 Headwall 3 EA $12,000.00 $36,000.00
2.06 Rock Slope Protection 225 TON $52.00 $11,700.00
2.07 Grade Channel 2700 CV $6.50 $17,550.00
a
1 2.08 Total Utility Improvement Costs $301,250.00
Prepared By:
EPIC Engineers Date 12/1/2006
101 East Redlands Blvd.
Suite 146 Sheet 3 of 3
Redlands,CA 92373