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RESOLUTION NO. 2004-374
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO CONSTRUCTION AND MAINTENANCE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) TO
CONSTRUCT THE REDLANDS SUBDIVISION "FIRST MILE" IMPROVEMENTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to
execute on behalf of said City, Amendment No. 1 to Construction and Maintenance Agreement
with Southern California Regional Rail Authority (SCRRA) to construct the Redlands
Subdivision "First Mile" Improvements. A copy of said Amendment No. 1 to Construction
and Maintenance Agreement is attached as Exhibit "A" and made a part hereof.
SECTION 2. The authorization to execute the above referenced Amendment No. 1 to
Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days
of the passage of this resolution.
2004-374
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RESOLUTION... AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO
CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY (SCRRA) TO CONSTRUCT THE REDLANDS SUBDIVISION "FIRST
MILE" IMPROVEMENTS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a Joint regular meeting thereof,
held on the 6th day of December , 2004, by the following vote, to -wit:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MC GINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
Clark, City
The foregoing resolution is hereby approved this 91'li day of_December 2004.
Approved as to form
And legal content:
h Valles, Mayor
of San Bernardino
City of San Bernardino, California
Department of Development Services/Public Works Divisi
Southern California Regional Rail Authority
(SCRRA)
"First Mile" Rail Improvement
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2004-374
Exhibit "A"
AMENDMENT NO. 1 TO CONSTRUCTION AND MAINTENANCE AGREEMENT
THIS AMENDMENT NO. 1 TO CONSTRUCTION AND MAINTENANCE
AGREEMENT is entered into this 6th day of December 2004 , between the CITY OF
SAN BERNARDINO hereinafter called the "CITY" and the SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State
of California, hereinafter called "SCRRA".
WITNESSETH:
A. WHEREAS, the Mayor and Common Council of CITY adopted Resolution No.
2000-325, approving a Construction and Maintenance Agreement with SCRRA for
construction and maintenance of the Redlands Subdivision "First Mile" Track Construction
and Inland Empire Maintenance Facility" hereinafter called "PROJECT", and,
B. WHEREAS, SCRRA has requested an amendment to said Construction and
Maintenance Agreement to cover the cost of change orders and overruns, which were
necessary to make PROJECT complete and fully functional, but were not anticipated at the
time of approval of the original design; and,
C. WHEREAS, SCRRA has provided documentation to verify the true cost to
CITY of the change orders and overruns; and,
D. WHEREAS, CITY has verified the documentation and agrees that the portion
of the cost of the change orders and overruns correctly represent the CITY's
share of same.
NOW THEREFORE, the parties hereto agree as follows:
1. The first sentence of Section 3.A. "Construction Cost" of said Construction and
Maintenance Agreement is changed to read as follows: CITY will Pay SCRRA a fixed cost
of $496,040 which represents the sum of the CITY's share of the project costs for the
additional work contemplated in the original Construction and Maintenance Agreement in
the amount of $370,382 plus the cost of change orders and overruns which were
encountered during construction in the amount of $125,658.
2. All other terms and conditions of said Construction and Maintenance Agreement approved
by Resolution No. 2000-325 shall remain unchanged.
2004-374
Exhibit "A"
Amendment No. I to Construction and Maintenance Agreement —Southern California Regional Rail Authority
Page 2 of 2
IN WITNESS WHEREOF, the CITY OF SAN BERNARDINO and the SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY have caused this Amendment No. I to
Agreement to be executed and attested by its duly qualified and authorized officials.
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY
by:la%a4
by:
David Soio (/
Chief Exe u ' e Officer
APPROVED AS TO
FORM & LEGAL CONTENT:
Los Angeles County
County Counsel U,4-
byby:
Helen Parker
Deputy County Counsel
CITY OF SAN BERNARDINO
APPROVED AS TO FORM & LEGAL
CONTENT:
City of fan Bernardino
City Ottney
James F.
City Attc
ATTEST:
~"�- &OC L
Rachel Clark, City Clerk
2004-374
EXHIBIT B
COST ESTIMATE
SAN BERNARDINO TO REDLANDS
REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION
CITY
�M DESCRIPTION
COSTS
1
2
Administrative
Railroad Re -constriction aid Siding
Construction
Per 10131100 Per Bid A Field Chan s B Revised A+B
$ 25,000.00 $ 47,788.00 $ 47,788.00 $
$ 1,000.00 $ 1,000.00 $ 1,000.00 $
D!llerenee
22,788.00
_
3
Railroad Work
$ - $
4
3rd Street Civil and Drainage
$ 48,661.00 $ 68,871.00 $ 20.280.12 $
89,151.12
$
40,490.12
5
2nd Street Civil and Drainage
$ 9,520.00 $ 40.737.00 $ 30 6g7 39 $
71,344.39
$
61,824.39
6
Rialto Avenue & I Street Civil and Drainage
$ 2,672.00 $ 14,523.00 $ 13,128.05 $
27,651.05
$
24,979.05
7
8
9
'G' Street Civil and Drainage
'E' Street Civil and Drainage
Signal Conduit and Foundation Work
$ 46.407.00 $ 47,544.00 $ 52.302.74 $
$ 144,655.00 $ 165,879.00 $ 50,018.59 $
$ - $ $ $
99,846.74
215,897.59
$
$
S
53,439.74
71,242.59
-
10
Design
$ 40,000.00 $ 40,000.00 $ - $
40,000.00
$
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12
Construction Contingencies
Railroad Flagging and Inspection
$ 27,792.00 $ - $ -
$
$ 8,000.00 $ 8,000.00 $ - $
8,000.00
$
$
(27,792.00)
13
14
Construction Management
Work by Others
$ 16,675.00 $ 26.773.00 $ - $
$ - $ - $ - $
26,773.00
-
$
S
10,098.00
-
15
SCRRA Provided Materials
$ - $
16 Concrete Medians (all crossings, $65Aon)
Total Costs
$ - $ (5,753.00) $ _ $
S 370,38200 $ 455,362.00 j $ 168,336.S8 $
(5,753.00)
821,698.87
$
S
(5,753.00)
251,316.87
Redlands Subdivision
'First Mile' Construction Construction and Maintenance Agreement
Revised 1/8103