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CITY. OF SAN BERNOblNO - REQUEST ~ COUNCIL ACTION
From:
ROGER G. HARDGRAVE
Subject:
Authorization to Execute Agree-
ment for Reimbursement of Storm
Drainage Fee - "H" Street Storm
Drain
--- FORECAST CORPORATION
Dept:
Public Works/Engineering
Date: 6-20-91
Synopsis of Previous Council action:
09-20-89 -- Appeal hearing on Planning Commission decision for EIR
upheld. Revision of Intitial Study ordered.
04-16-90 -- Approval of Request for Participation in Construction
of Master Plan Storm Drain 7-B18 including refund of
storm drain fees collected from Tract 13554.
Recommended motion:
Adopt resolution.
cc: Shauna Edwins
Jim Penman
Andy Green
Contact person: Gene R. Klatt
Staff Report,
Supporting data attached: Aqreement & Resolution
Phone:
<;12<;
Ward:
5
FUNDING REQUIREMENTS:
Amount: $120.000 190/911. $135,000 (91/92), (Storm
Drain Const. Fund)
Source: (Acct. No.) 248-368-57812
(Acct. DescriDtion)
Storm Drain Construction Fund
Reimbursement to Forecast Corp. - "H" St.
Finance:
c\~p
Council Notes:
75-0262
Agenda Item NO-d.L-
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CIT~ OF SAN BEANOIDINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
Page 1 of 2
A hearing was held at the Council meeting of 9-18-89, on
the appeal by the applicant of the Planning Commission's
decision to require an Environmental Impact Report for Tentative
Tract No. 13554. This appeal was upheld, subject to certain
conditions. One of these conditions was:
"That storm drains shall be constructed per CSDP Project
No. 7-B18 (subject to update per current Flood Control
District design policy) expanded to include the
following reaches: 56th Street to Little Mountain
debris basin along 'H I Street; from I H I Street to ' I '
Street along Northpark Boulevard; and along 'F' Street."
The Storm Drain Master Plan shows a 36" - 57" pipe
needed in "H" Street. However, the current hydrology method
adopted by the San Bernardino County Flood Control District in-
dicates a 42" - 69" pipe as being needed.
Nine bids were received by the Forecast Corporation.
These bids included an alternate for the storm drains shown on
the Storm Drain Master Plan, and another for the oversized pipes
as indicated by the current hydrology method. The difference in
price on the low bid submitted by Bonadiman-McCain is
$35,800.83.
Storm drain fees are being collected upon issuance of
building permits, over about a two-year period. The total esti-
mated amount of these fees was $294,580.
The low bid submitted by Bonadiman-McCain, for the
oversized alternate, is $922,069.24. Forecast Corporation re-
quested that an amount, equivalent to the storm drain fees paid,
be allocated as the City's participation in the cost of
constructing this storm drain system. Approval of this request
for participation would reduce Forecast's cost for storm drain
improvements to $627,489.24.
Installation of these storm drain improvements solved a
drainage problem of long duration, and also provided an outfall
for a complete storm drainage system for the entire area.
Therefore, we recommended that the oversizing alternate be
accepted, and that staff be directed to include one-half of the
storm drain fees in each of the 1990/91 and 1991/92 Storm Drain
Construction Fund Budgets.
The request by Forecast Development for reimbursement of
storm drain fees was approved at the Council meeting of 4-16-90,
subject to execution of an Agreement.
6-20-91
'5-0264
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CITY OF SAN BERNj;ADINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
Page 2 of 2
Permits have been issued for about 120 of the 286 lots
in Tract No. 13554. Forecast has, therefore, requested that the
fees collected during the first year be reimbursed.
An amount of $147,290 is included in the 1990/91 Storm
Drain Construction Fund Budget, under Account No. 248-368-57812,
to finance the reimbursement to Forecast Corporation. The esti-
mated amount of the first year reimbursement is $106,993.
We recommend that the Agreement authorizing reimburse-
ment be approved.
6-20-91
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FORECAST CORPORATION RELATING TO
REIMBURSEMENT OF A PORTION OF THE COST FOR INSTALLING STORM DRAIN
FACILITIES FOR TRACT NO. 13554.
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
an Agreement with the Forecast Corporation relating to the
reimbursement of a portion of the cost for installing storm drain
faci1i ties for Tract No. 13554, a copy of which is attached
hereto, marked Exhibit "A", and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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Bernardino at a meeting thereof, he 1d on
the _day of , 1991, by the following vote, to-
wit:
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6-20-91
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or: V.l'\.L'-rto:> J.
CORPO~ON RELATING TO TRACT NO.c:Y354.
1 Council Members:
2 ESTRADA
3 REILLY
4 HERNANDEZ
5 MAUDSLEY
6 MINOR
7 POPE-LUDLAM
8 MILLER
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AYES
NAYS
ABSTAIN
City Clerk
day of
The foregoing resolution is hereby approved this
Approved as to form
and legal content:
James F. Penman
City Attorney
, 1991.
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W. R. Holcomb, Mayor
Ci ty of San Bernardino
o
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AGREEMENT
CONSTRUCTION OF STORM ORAIN
FOR
NORTH "H" STREET -- 40TH TO NORTH PARK BOULEVARD (7-BIB)
of
BERNARD no,
"City", and
"Forecast".
THIS AGREEMENT is entered into this
, 1991, between the
a municipal corporation, hereinafter
the FORECAST CORPORATION, hereafter
day
CITY OF SAN
referred to as
referred to as
RECITALS
WHEREAS, Forecast and City desire to provide flood
protection through the construction of a storm drain in North "H"
Street from 40th Street to North Park Boulevard; and
WHEREAS, City and Forecast desire to enter into an
Agreement setting forth the terms and conditions under which the
Forecast will contri bute and advance the necessary funds and
construct the storm drain, for the benefit of the proposed
Development and future development.
COVENANTS
NOW, THEREFORE, in consideration of the mutual promises
of the parties hereto and of the covenants and conditions
contained herein, City and'Forecast agree as follows:
SECTION 1. CONSTRUCTION
Forecast shall prepare construction plans, specifica-
tions and an estimate, and seek competitive bids for construction
of the storm drain in the manner in which it is authorized by law
to conduct said bidding. Upon receipt of said bids, Forecast
shall thereafter determine the lowest responsible bidder and
award to that bidder or otherwise reject all bids and rebid the
project. In the event that the low bid is in excess of the
Engi neer I s Esti ma te, Forecast sha 11 obta in the wri tten approval
of City prior to awarding the contract. Forecast shall
thereafter administer the construction of the storm d~ain to its
completion in accordance with its normal practices and
procedures. Inspection shall be by City.
SECTION 2.
COST OF CONSTRUCTION
Forecast shall fully fund the construction of the storm
drain subject to reimbursement by City, as provided in Section 3
hereof.
AGREEMENT:
CONSTRUC~ON OF STORM DRAIN FOR N~H "H" STREET --
40TH TO NORTH PARK BOULEVARD
SECTION 3.
REIMBURSEMENT OF FORECAST
City shall reimburse Forecast for the portion of the
construction contract equal to the actual storm drainage fees to
be assessed against lots in Tract No. 13554 without interest,
over a two (2) year period in two (2) equal annual installments.
The first installment shall be due one (1) year from the date of
construction by Forecast. Total lot area subject to fees is 286
lots with a combined total area of 2,281,959 square feet per the
recorded fi na 1 map. Storm dra i nage fees per Reso 1 uti on 88-114
are $0.110 per square foot. Total fees are estimated at
$251,015.49.
In no case will City reimburse in advance of collection
of fees which are due at building permit issuance. Forecast
shall submit copies of permits for which reimbursement is
requested by June 1st of each year.
SECTION 4.
HOLD HARMLESS
Forecast shall hold harmless and indemnify City, its
City Council, and its officers and employees, from every claim or
demand of whatever nature which may be made by reason of
Forecast's construction of the storm drain under this Agreement.
Forecast at its own cost, expense and risk shall defend any legal
proceedings which may be brought against City on any claim or
demand of whatever nature arising out of construction of the
storm drain under this Agreement and shall satisfy any jUdgement
that may be rendered against any of them. Forecast shall notify
the City of the receipt of any such claim or demand.
City shall hold harmless and indemnify Forecast from
every cl aim or demand of wha tever na ture wh i ch may be made by
reason of City's performance under this Agreement. City at its
own cost, expense and ri sk shall defend any legal proceedings
that may be brought against Forecast, its officers and employees,
on any claim or demand of whatever nature arising out of its
performance under this Agreement.
SECTION 5.
DESIGNATED REPRESENTATIVE
sentatives
behalf of
follows:
The parties hereby designate their respective repre-
who shall have sole and complete authority to act on
the parties on all aspects of this Agreement as
Ci ty:
Roger G. Hardgrave
Director of Public Works/City Engineer
Forecast:
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A
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AGREEMENT:
o
CONSTRUCTION OF STORM ORAIN
40TH TO NORTH PARK BOULEVARD
o
FOR NORTH "H" STREET --
Each party shall have the right, from time to time, to
designate a different representative by notice given as provided
herein.
SECTION 6.
ENTIRE AGREEMENT AND MODIFICATION
Thi s Agreement expresses the whol e Agreement between
the parties, there being no representations, warranties, or other
Agreements not herein expressly set forth or provided for. No
change or modification of or addition to this Agreement shall be
valid unless the same shall be in writing and signed by both
parties hereto.
IN WITNESS WHEREOF, the parties heretu have executed
this Agreement on the date and year set forth below.
Dated:
CITY OF SAN BERNARDINO
ATTEST:
By:
Mayor
City Clerk
Dated: ~ ~ ',. 1'9<=t1
FORECAST CORPORATION
Approved as to form
and legal content:
B"~
.James F. Penman
City Attorney
BY:~
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