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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Date: November 18, 2004
File No. 1.1729
Synopsis of Previous Council Action:
ORIGINAL
Subject: Resolution approving
Amendment No. 1 to a Construction and
Maintenance Agreement between the City
of San Bernardino and Southern
California Regional Rail Authority
(SCRRA) to construct the Redlands
Subdivision "First Mile" Improvements.
From: James Funk, Director
Dept: Development Services
MCC Date: 12/06/04
07/10/00 Allocated $150,000 for Metrolink at grade crossing at 2nd, 3rd, "E", and "G" Streets,
and $50,000 for "E" Street widening at Metrolink in the 2000/01 Capital
Improvement Program (CIP).
11/20/00 Adopted Resolution No. 2000-325 approving Construction and Maintenance
Agreement with Southern California Regional Rail Authority (SCRRA) to construct
the Redlands Subdivision "First Mile" Improvements.
Recommended Motion:
Adopt Resolution
\~~~
J ames Funk
Contact person: Mike Grubbs, Eng. Mgr.lFie1d Engineer
Phone:5179
Supporting data attached: Staff Report, Reso, Amend. No.1, Map Ward: 1
FUNDING REQUIREMENTS: Amount:
$125,658
Source: (Acct. No.) 129-367-5504-1729
Acct. Description: Ria1to Avenue and BNSF Grade Crossing
(SS04-08).
Finance:
Council Notes:
Q. E8J::tt2c64 - 314
Agenda Item No. /3
'~/lJ/Of
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution approving Amendment No. 1 to a Construction and Maintenance Agreement
between the City of San Bernardino and Southern California Regional Rail Authority (SCRRA)
to construct the Redlands Subdivision "First Mile" Improvements.
Background:
San Bernardino Associated Government (SANBAG) purchased the right-of-way for the
Redlands Subdivision railroad from Burlington Northern Santa Fe (BNSF) in 1993. This
subdivision is approximately ten miles in length and runs between the cities of San Bernardino
and Redlands. SCRRA is a joint powers authority of five county transportation agencies that
build, maintain, and operate Metrolink commuter railroad systems within Los Angeles,
Orange, San Bernardino, Riverside, and Ventura counties.
SCRRA, acting on behalf of SAN BAG constructed the "First Mile" project on the Redlands
Subdivision right-of-way between the existing San Bernardino Santa Fe Depot and "D" Street.
The "First Mile" project consisted of removal of existing railroad track and siding,
construction of a new embankment, track and siding, abandonment and closure of three
existing grade crossings, drainage improvements, public highway rail grade crossing
improvements, station platform construction, and signal improvements. A maintenance facility
was also built in conjunction with the "First Mile" construction at a site located north of Third
Street and east of the San Bernardino Santa Fe Depot.
On November 20, 2000, the City entered into a cooperative agreement with SCRRA to include
the design and construction of additional storm drains, pavement, curb & gutter and sidewalk
improvements, which would primarily benefit the City, in the "First Mile" project. SCRRA
agreed to include the additional improvements in its construction contract for the "First Mile"
project and the City agreed to pay the cost of the additional improvement in an amount of
$370,382.
In January of 2003, SCRRA advised City staff that substantial cost overruns due to field
changes and quantity overruns had occurred on the City's portion of the project. The amounts
of the overruns and the field changes are showing in Exhibit "B" attached. The grand total
amount of the increased cost to the City is $251,316.87.
Staff contested these additional charges and SANBAG agreed to assume responsibility for 50%
of the increased cost, leaving the City with the responsibility for $125,658.00. Staff feels this
is an equitable settlement of this matter and recommends that payment to SCRRA in the above
amount be made.
Financial Impact:
Adequate funding is available to cover the cost of this Amendment No.1 in Account No. 129-
367-5504-1729 "Rialto Avenue and BNSF Grade Crossing" (SS04-08).
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
Recommendation:
That the Mayor and Common Council adopt the resolution approving Amendment No.1 to a
Construction and Maintenance Agreement between the City of San Bernardino and Southern
California Regional Rail Authority (SCRRA) to construct the Redlands Subdivision "First
Mile" Improvements.
EXHIBIT B
COST ESTIMATE
.,
SAN BERNARDINO TO REDLANDS
REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION
CITY
ITEM DESCRIPTION COSTS
Per 10/31/00 Per Bid (A) Field Changes (B Revised (A+B) Difference
1 Administrative $ 25,000.00 $ 47,788.00 $ 47,788.00 S 22,788.00
2 Railroad Re-construction and Siding $ 1,000.00 $ 1,000.00 $ 1,000.00 S -
Construction
3 Railroad Work $ - $ - $ - S -
4 3rd Street Civil and Drainage $ 48,661.00 $ 68,871.00 $ 20,280.12 $ 89,151.12 S 40,490.12
5 2nd Street Civil and Drainage $ 9,520.00 $ 40,737.00 $ 30,607.39 $ 71,344.39 S 61,824.39
6 Rialto Avenue & I Street Civil and Drainage $ 2,672.00 $ 14,523.00 $ 13,128.05 $ 27,651.05 S 24,979.05
7 "G" Street Civil and Drainage $ 46,407.00 $ 47,544.00 $ 52,302.74 $ 99,846.74 S 53,439.74
8 "E" Street Civil and Drainage $ 144,655.00 $ 165,879.00 $ SO,018.59 $ 215,897.59 S 71,242.59
9 Signal Conduit and Foundation Work $ - $ - $ - $ - $ -
10 Design $ 40,000.00 $ 40,000.00 $ - $ 40,000.00 S -
11 Construction Contingencies $ 27,792.00 $ - $ - $ - S (27,792.00)
12 Railroad Flagging and Inspection $ 8,000.00 $ 8,000.00 $ - $ 8,000.00 $ -
13 Construction Management $ 16,675.00 $ 26,773.00 $ - $ 26,773.00 $ 10,098.00
14 Work by Others $ - $ - $ - $ - S -
15 SCRRA Provided Materials $ - $ - $ - $ - S -
16 Concrete Medians (all crossings, $65/ton) $ - $ (5,753.00) $ - $ (5,753.00) S (5,753.00)
Total Costs S 370,382.00 S 455,362.00 S 166,336.88 S 621,698.87 S 251,316.87
Redlands Subdivision
"First Mile" Construction
Construction and Maintenance Agreement
Revised 1/8/03
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Rt~~~O.
RESOLUTlO~ OF THE CITY OF SA~ BER~ARDI~O AUTHORIZI~G THE
EXECUTlO:\, OF Al\IEND:\lENT NO.1 TO CONSTRUCTION AND :VIAIl\'TE~A~CE
AGREEME~T BETWEEN THE CITY OF SAN BE~ARDI~O AND THE
SOUTHERN CALIFORi\'IA REGIONAL RAIL AUTHORITY (SCRRA) TO
CONSTRl'CT THE REDLANDS SUBDIVISION "FIRST MILE" IMPROYEME~TS.
BE IT RESOLVED BY THE MAYOR AND COMMO~ COG:\TCIL OF THE CITY
OF SAN BER;\ARDINO AS FOLLo\VS:
SECTIO~ 1. The Mayor of the City of San Bernardino is hereby authorized and directed to
execute on behalf of said City, Amendment No. I to Construction and Maintenance Agreement
\\ith Southern California Regional Rail Authority (SCRRA) to construct the Redlands
Subdivision "First Mile" Improvements. A copy of said Amendment No. I to Construction
and Maintenance Agreement is attached as Exhibit "A" and made a part hereof.
SECTIO~ 2. The authorization to execute the above referenced Amendment No. I to
Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days
of the passage of this resolution.
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I :LIef/Or
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RESOLUTIO:\'...AUTHORIZI:'\G THE EXECUTIOl'l OF AMENDl\lENT NO. 1 TO
CO:\'STRUCTIO:\' A:\'D l\lAI:\'TEl'IANCE AGREEl\1ENT BETWEEl\ THE CITY OF
SA!\' BER.:.'\lARDll'IO AND THE SOUTHER.'\' CALIFORNIA REGlOl'IAL RAIL
AUTHORITY (SCRRA) TO CONSTRUCT THE REDLANDS SUBDIVISION "FIRST
MILE" Il\lPROVEl\lE:'\TS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting thereof.
Common Council of the City of San Bemardino at a
held on the
8
davof
,2004, by the following vote, to-wit:
COUNCIL ME\1BERS
AYES
NAYS
ABSENT
ABST AIN
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16 JOHNSON
17 MC CAMMACK
ESTRADA
LO~GVILLE
MC GI:--..'NIS
DERRY
KELLEY
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Rachel Clark, City Clerk
,2004.
The foregoing resolution is hereby approved this
day of
Judith Valles, Mayor
City of San Bemardino
Approved as to form
And legal content:
.lames F.... fenm. an.
City AUOrev .
B\- .1ri.~)(1 [ .
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Exhibit "A"
AMENDMENT 1\0. 1 TO CONSTRUCTION AND MAINTENANCE AGREEMENT
THIS AMENDMEl\'T NO. 1 TO COl\'STRUCTION AND MAINTENANCE
AGREEMENT is entered into this _ day of , 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 Constr'ction
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:
I. 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.
') All other terms and conditions of said Construction and Maintenance Agreement approved
by Resolution No. 2000-325 shall remain unchanged.
Exhibit "A "
Amendment No.1 to Construction and ~Iaintenance Agreement -Southern California Regional Rail Authority
Page 2 of 2
11\ WITNESS WHEREOF, the CITY OF SAN BERNARDINO and the SOUTHER;,\;
CALIFORNIA REGIONAL RAIL AUTHORITY have caused this Amendment No. I to
Agreement to be executed and attested by its duly qualified and authorized officials.
SOliTHERN CALIFORl\"IA
REGIONAL RAIL AUTHORITY
CITY OF SAN BERNARDINO
by:
bv:
David Solow
Chief Executive Officer
Judith Valles
Mayor
APPROVED AS TO
FORM & LEGAL CONTENT:
Los Angeles County
County Counsel
APPROVED AS TO FOR..\1 & LEGAL
CONTENT:
City of an Bernardino
City Att rney
I
r1Je
Helen Parker
Deputy County Counsel
by: ,_ t
James F. Pe
City Attorney,
!
by:
ATTEST:
Rachel Clark, City Clerk
EXHIBIT B
COST ESTIMATE
SAN BERNARDINO TO REDLANDS
REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION
CITY
ITEM DESCRIPTION COSTS
Per 10/31/00 Per Bid (A) i Field Chanoes (B) Revised (A+B) Difference
1 Administrative $ 25,000.00 $ r $ 47.788.00 $ 22,788.00
47.788.00 I
2 Railroad Re-construction and Siding $ 1,000.00 $ 1,000.00 $ 1.000.00 $ -
Construction
3 Railroad Work $ . $ - $ . $ -
4 3rd Street Civil and Drainage $ 48,661.00 $ I 20,280.12 $ 89,151.12 $ 40,490,12
68.871.00 I $
5 2nd Street Civil and Drainage $ 9,520.00 $ 40,737.00 $ 30.607.39 $ 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 "G" Street Civil and Drainage $ 46.407.00 $ 47,544.00 $ 52,302.74 $ 99,846.74 $ 53,439.74
8 "E' Street Civil and Drainage $ 144,65500 $ 165,879.00 i $ SO,018.59 $ 215,897.59 $ 71,242.59
I
9 Signal COnduil and Foundation Work $ $ 1$ . $ $ -
,
10 Design $ 40,000.00 $ 40,000.00 I $ . $ 40,000.00 $ .
11 Construction Contingencies $ 27,792.00 $ - J$ . $ . $ (27,792.00
12 Railroad Flagging and Inspection $ 8,000.00 $ 8,000.00 ! $ $ 8,000.00 $ .
I
13 Construction Management $ 16,675.00 $ 26,773.00 I $ $ 26.773.00 $ 10,098.00
14 Work by Others $ - $ 1$ $ - S -
I
15 SCRRA Provided Materials $ $ . i$ . $ - S -
,
16 Concrete Medians (all crossings, $65110n) $ $ (5,753.00) I $ . $ (5,753.00) S (5,753.00
Total Costs $ 370,382.00 $ 455,362.00 i S 166,336.88 S 621,698.87 $ 251,316.87
Redlands Subdivision
'First Mile' Construction
. Construction and Maintenance Agreement
Revised 1/8/03
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 12-b'-o4 Item # ( ~ Resolution #
Vote: Ayes 1-, Nays &- Abstain.G-
Change to motion to amend original documents 0 Companion Resolutions
2C:D4: <3, 4
Absent er
NulVVoid After: foO days /
Resolution # On Attachments: 0
PUBLISH 0 POST 0
2-4~() S
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
\2- 'i- oLJ
l2. '~-b'r
l'Z-,-\rOL\
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
12-q-<:A Date Returned:
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control 0 EDA 0
City Administrator 0 Facilities 0
City Attorney 5" Finance GY
Code Compliance 0 Fire Department 0
Development Services E1" Human Resources 0
Others:
Notes:
Reso, Log Updated: ~
Seal Impressed: ~
1'1/~R,tum'dD
Yes-L- No
Yes No+.-
Yes No~
Yes NO-j'
Yes No
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
:3
Ready to File:'
Revised 12/18/03
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dep!, Development serviceC ~ \P'1
Subject: Resolution approving
Amendment No.1 to a Construction and
Maintenance Agreement between the City
of San Bernardino and Southern
California Regional Rail Authority
(SCRRA) to construct the Redlands
Subdivision "First Mile" Improvements.
Date: November 18, 2004
File No. 1.1729
Synopsis of Previous Council Action:
07/10/00 Allocated $150,000 for Metrolink at grade crossing at 2nd, 3'd, "E", and "G" Streets,
and $50,000 for "E" Street widening at Metrolink in the 2000/01 Capital
Improvement Program (CIP).
11/20/00 Adopted Resolution No. 2000-325 approving Construction and Maintenance
Agreement with Southern California Regional Rail Authority (SCRRA) to construct
the Redlands Subdivision "First Mile" Improvements.
MCC Date: 12/06/04
Recommended Motion:
Adopt Resolution
f\ ~.
, . p
~ ,0. \ h..L.( ~C~ \ "\ '\-/
'. J James Funk
Contact person: Mike Grubbs, Eng. Mgr./Field Engineer
Phone:5179
Supporting data attached: Staff Report, Reso, Amend. No.1, Map Ward: 1
FUNDING REQillREMENTS: Amount:
$125,658
Source: (Acct. No.) 129-367-5504-1729
Acct. Description: Rialto Avenue and BNSF Grade Crossing
(SS04-08).
Finance:
Council Notes:
Agenda Item No. ~
IA/ClIOf
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 9,2004
TO:
Mike Grubbs, Engineering Manager/Field Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-374
At the Mayor and Common Council meeting of December 6, 2004, the City of San Bernardino
adopted Resolution 2004-374 - 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.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by February 4, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
T he"~:~] reccipt of the above mentioned doeuments.
Signe ~
/Z- 'r/tJY
!
Please sign and return
Date: