HomeMy WebLinkAbout18-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: June 15, 2001
Subject: Resolution authorizing the Mayor
or her designee to execute Contract
Number 01-082 with San Bernardino
Associated Governments (SANBAG) for
the State Street Extension Project.
From: James Funk, Director
Dept: Development Services 0 r" ''"' L
011 .... I , ",\
File No. 1.7059
Synopsis of Previous Council Action:
MCC Date: June 18, 2001
7/24/00: Resolution adopting 2000/2001 - 2004/2005 Capital Improvement Program
1/22/01: Resolution authorizing the submittal of the State Street Extension Project Application
to SANBAG and Committing Local Match Funds for the Surface Transportation Program
Funding Cycle ($424,000 plus private/public participation in the amount of $250,000).
Recommended Motion:
Adopt Resolution
r~ ,J~
James Funk di.W
Contact person:
Ravmond A. Casev. Citv Engineer
Phone: 384-5111
Supporting data attached: Staff Report. ResoluIion. Map
Ward:
6
FUNDING REQUIREMENTS: Amount: N/ A
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes
Agenda Item No. -1-..l---
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution authorizing the Mayor or her designee to execute Contract Number 01-082 with San
Bernardino Associated Governments (SANBAG) for the State Street Extension Project.
Background:
The Public Works Division, received authorization at the December 18, 2000 Council meeting to
submit the State Street Extension Project Application to SANBAG for inclusion in the FY
1997/98 - 2002/03 Surface Transportation Program (STP) Funds provided through
Transportation Equity Act for the 21st Century (TEA-21). Pursuant to SANBAG policy, all
agencies awarded STP funding will be required to enter into a contractual agreement with
SANBAG as a condition for receiving any awarded funds.
The City received the contract March 29, 2001 from SANBAG for our review. As indicated in
the SANBAG contract 01-082 the funding is for a not to exceed amount of $2,005,000 of STP
funds. This amount will cover the phases 1B through 4.
The project, which proposes to extend State Street from 16th Street southerly to intersect 5th
Street, easterly of Foothill Boulevard, will be constructed in six (6) phases as follows:
Phase lA:
Base Line to 800' south. To be constructed with non-STP funding is a private
development project (underway).
Estimated costs by phase
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Phase IB: 9th Street to 800' s/o Base Line $ 536,000.00
Phase 2: Base Line to 16th Street $ 462,500.00
Phase 3: 5th Street to 9th Street w/access road $1,343,000.00
Phase 4: Rancho Avenue to 5th $337,500.00
TOTAL: $2,679,000.00
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Phase 5:
5th Street to access road. Will be constructed at a later date when funding becomes
available.
Phase 6:
Construction of roadway to full improvements. Will be constructed at a later date.
Financial Impact:
The total local match requirement for the project is estimated to be $674,000 in addition to the
$289,622 spent on preliminary and final design, and the cost of Phase lA. Of the $674,000,
$250,000 will come from other sources. It is estimated that an additional $200,000 must be
appropriated with FY 2001/2002 budget and proposed as "carryover". Although neither the
city's cost previously incurred toward the design/environmental studies, nor the cost associated
with Phase 1 construction are reimbursable, they were taken in to consideration in the project
approval.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE CONTRACT NUMBER 01-082 WITH SAN BERNARDINO ASSOCIATED
GOVERt"ll\IENTS (SANBAG) FOR THE STATE STREET EXTENSION PROJECT
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SA:\' BERNARDINO AS FOLLOWS:
WHEREAS, before Federal-aid will be made available for a specific project. the City
is required 10 emer imo agreemems with the SANBAG relative 10 prosecution, administration,
special provisions and maimenance of Project facilities.
WHEREAS, before Federal-aid will be made available, other agreements related to
12 federal Aid requirements may be required.
13 WHEREAS, the City Council approves each project and allocated funding with the
14
Capital Improvement Program budget each year.
15
16
17 authorized 10 exeCUIe SAN BAG Contract No: 01-082 by and between San Bernardino
18 Associated Governments and City of San Bernardino for Slate StreeI Extension Project
19 (attached and incorporated herein as Exhibit A).
20
NOW, THEREFORE, BE IT RESOLVED that the Mayor or her designee is
21 III
22 III
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tol/8/01
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1 RESOLUTION... AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE CONTRACT NUMBER 01-082 WITH SAN BERNARDINO ASSOCIATED
2 GOVERNMENTS (SANBAG) FOR THE STATE STREET EXTENSION PROJECT
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a
meeting thereof,
6 held on the
day of
, 2001, by the following vote, to wit:
7 Council Members:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA
9
LIEN
10
11 MC GINNIS
12 SCHNETZ
13 SUAREZ
14 ANDERSON
15
MC CAMMACK
16
17
18
19
20
21
22
23
Approved as to form and legal content:
City Clerk
The foregoing resolution IS hereby approved this
, 2001.
day of
Judith Valles, Mayor
City of San Bernardino
24
AMES F. PENMAN,
25 ity Attorney
26 Y:~iA J. f~
27 0
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San Bernardino Associakd
lD)[g@~OW~[Q)
iJU MAR 2 9 2001
Gmernll1el1h
San Bernardino County Transportation Commission
San Bernardino County Transportation Authority
San Bernardino County Congestion Management Agency
Sen'ice Authority for Freeway Emergencies
crTY OF SAN BERNARDIt:lE?2 North Arrowhead Avenue. San Bernardino. California 92401-1421
'lEVELOPMENT SERVICES ,
'JEPARTMENT 19091884-8.76 FAX: (909) 885-4407
03/27/0 I
Company:
Address:
City of San Bernardino
300 N. "0" Street, Citv Ha1l3rd Floor
San Bernardino, CA 92418
Attention:
Raymond A. Casey, City Engineer
Subject:
Contract Number 01-082
Attached is the following:
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Copies Board Approval Date Description
(if applicable)
Contract March 7, 2001 SANBAG Contract 01-082-
01-082 State Street Extension Proiect
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This is transmitted as checked below:
For a roval
For our use
As re uested
For review
A roved as submitted
A roved as noted
Returned for corrections
X For si natures
Resubmit
Submit
Return
Remarks:
Please have contract signed and return one original to me. Thank you.
BY~~du
Andrea B. Zureick
Transportation Planning/Programming Analyst
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Cities of Ade/anIO. BarslO....'. Big Bear Lake. Chino. Chino Hills. Collon. FontatUl. Grand Terract', Hesperia. Highland. Loma Linda. Momdair
Needles, Ontario. Rancho Cucamonga. Red/ands. Ria/ro. San Bernardino, TwentYlline Palms. Upland, Vieton'ilfe. Yucaipa
Towns oj- Apple Valley, Yucca Valley County of San Bernardino
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Exhibit A
SANBAG CONTRACT NO: 01-082
by and between
SAN BERNARDINO ASSOCIATED GOVERNMENTS
and
CITY OF SAN BERNARDINO
for
State Street Extension Project
THIS CONTRACT ("Contract") is made and entered into the ~ day oflUAAkol by and
between the San Bernardino Associated Governments, hereinafter referred to as "SANBAG",
and City of San Bernardino, hereinafter referred to as "RECIPIENT".
RECITALS
WHEREAS, RECIPIENT is a legal entity eligible to receive Federal Transportation Equity Act
for the 21 st Century ("TEA-21 ")/Surface Transportation Program ("STP") funding; and
WHEREAS, RECIPIENT has been awarded STP funds provided through the TEA-21 in an
amount not to exceed $2,005,000 for the purpose' of the State Street Extension Project,
hereinafter referred to as "PROJECT";
NOW, THEREFORE, in consideration for the promises set forth herein, the receipt and adequacy
of which is hereby acknowledged, the parties hereto agree as follows:
1. General Scope of Contract. RECIPIENT shall implement the PROJECT, as more
particularly defined in Exhibit "A", Scope of Work, in accordance with the Budget, and
Milestones and Reporting Schedule as expressly defined in Exhibits "B", and "C", respectively,
attached hereto and explicitly incorporated into this Contract.
2. Term. The term of this Contract shall be from the date of execution by both parties until
PROJECT completion, including submission of all required reports, unless earlier terminated by
SANBAG.
3. Compliance with Federal. State. and Local Reauirements. RECIPIENT shall comply with all
Title 23 United States Code requirements, the Uniform Relocation Act, all federal, state, and
local environmental laws, Caltrans administrative guidelines, and all SANBAG requirements
applicable to the PROJECT.
4. Inclusion in Regional Transportation Improvement Program ("RTIP"). RECIPIENT shall
submit, in a timely manner, an application to SANBAG seeking inclusion of PROJECT in a
subsequent update of the RTIP.
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5. . C-oordination with State and Federal Agencies. RECIPIENT shall interface directly with
Caltrans, the Federal Highway Administration ("FHWA"), and Federal Transit Agency ("FTA"),
as applicable, relative to PROJECT application, submission, processing, and reporting. All
correspondence between RECIPIENT and Caltrans, FHW A, and FT A will be copied to
SANBAG.
6. Ouarterlv Reporting. RECIPIENT shall submit, on a quarterly basis, reports that document
the status of PROJECT's implementation progress, including task completion status, budget
status, and adherence to PROJECT milestones (form provided in Exhibit "0"). The first report
shall be submitted to SANBAG within three (3) months of the execution date of this Contract.
All subsequent quarterly reports shall be submitted in accordance with the reporting schedule as
specified in Exhibit "C", Milestones and Reporting Schedule.
7. Revocation of STP Funding. RECIPIENT acknowledges that failure to comply with any
material provision of this Contract (such failure to comply is hereinafter called a "Default"),
including failure to adhere to specified PROJECT milestones of Exhibit "c" Milestones and
Reporting, and including but not limited to RTIP submission, Caltrans/FTA application, and
obligation of PROJECT funds, may, in the sole but reasonable discretion of SANBAG, result in
revocation of STP funding for the PROJECT by SANBAG. In the event SANBAG's Director of
Planning and Programming determines that RECIPEINT has committed a Default by failing to
comply with a material provision of this Contract, SANBAG will notify RECIPIENT in writing
of the Default. RECIPIENT shall have thirty days (unless a shorter time is reasonably
determined by SANBAG's Director of Planning and Programming to be required under the
circumstances) from the date of SANBAG's letter of notification of Default to cure the Default
or to dispute the Default under the provisions of Paragraph 23, Disputes. In the event
RECIPIENT fails to cure the Default within the time allowed or if the RECIPIENT's dispute is
not resolved in the RECIPIENT's favor, SANBAG's Director of Planning and Programming may
revoke the STP funding for the PROJECT and terminate this Contract by written notice to the
RECIPIENT. If the Default is a failure to adhere to one or more specified milestones of Exhibit
"C", Milestones and Reports, the RECIPIENT may request an amendment to this Contract which
specifies a revised schedule for attaining the milestone(s). The request for amendment to the
Contract must provide complete justification for the proposed schedule revision. If such an
amendment is approved by the SANBAG Board of Directors, such amendment shall cure the
Default. Any STP funds which may become available as a result of revocation of such
. funding and termination of this Contract due to RECIPIENT's failure to timely cure a
Default, may not be utilized by the RECIPIENT in any manner, but will be reallocated by
the SANBAG Board through consideration of other unfunded applications, recompetition,
or policy review of other priority projects/programs.
8. Standard of Care; Licenses. RECIPIENT shall perform the work required to complete the
PROJECT under this Contract with all due diligence and in a skillful and competent manner.
RECIPIENT shall be responsible to SANBAG for any errors or omissions in its execution of this
Contract. RECIPIENT represents and warrants to SANBAG that it and/or its contractors has or
will have all licenses, permits, qualifications and approvals of whatever nature that are legally
required to perform the work required to complete the PROJECT. RECIPIENT further
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represents and warrants that it and/or its contractors shall keep in effect all such licenses, permits,
and other approvals during the term of this Contract.
9. Records. RECIPIENT shall keep and maintain all books, papers, records, accounting records
including but not limited to all direct and indirect costs allocated to the PROJECT, files,
accounts, reports, cost proposals with backup data, and all other material relating to the
PROJECT. RECIPIENT shall, upon request, make all such materials available to SANBAG or its
designee at any reasonable time during the term of the Contract and for three (3) years from the
date of final payment to RECIPIENT, for auditing, inspection, and copying. Anv subcontract.
entered into as a result of this Contract. shall contain all of the provisions of this paragraph.
10. Attornevs' Fees. If any legal action is instituted to enforce or declare any party's rights
hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees.
This paragraph shall not apply to those costs and attorneys' fees directly arising from any third
party legal action against a party hereto and payable under Paragraph 11, Indemnification.
II. Indemnification. RECIPIENT shall defend with counsel reasonably approved by SANBAG,
indemnify and hold SANBAG, its officials, officers, employees and agents free and harmless
from any and all liability from loss, damage, or injury to property or persons, including wrongful
death, in any manner arising out of or incident to any negligent acts, omissions or willful
misconduct of RECIPIENT arising out of or in connection with RECIPIENT's performance of
this Contract and/or the PROJECT.
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"'-' 12. Insurance. RECIPIENT shall obtain and shall require its subcontractors to obtain insurance
of the types and in the amounts described below and satisfactory to SANBAG. RECIPIENT may
meet the requirements of this paragraph through a program of legal self insurance.
. A. Commercial General Liabilitv Insurance. RECIPIENT shall maintain occurrence version
commercial general liability insurance or equivalerit form with a combined single limit of not
less than $1,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two times the occurrence limit. Such
insurance shall:
(I) Name SANBAG its officials, officers, employees, agents, and consultants, as
insureds with respect to performance of this Contract and/or the PROJECT. Such insured status
shall contain no special limitations on the scope of its protection to the above-listed insureds.
(2) Be primary with respect to any insurance or self insurance programs covering
SANBAG, its officials, officers, employees, agents, and consultants.
(3) Contain standard separation of insureds provisions.
B. Business Automobile Liabilitv Insurance. RECIPIENT shall maintain business
automobile liability insurance or equivalent form with a combined single limit of not less than
,-. $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-
'- owned automobiles.
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C. Workers' Compensation Insurance. RECIPIENT shall maintain workers' compensation
insurance with statutory limits and employers' liability insurance with limits of not less than
$1,000,000 per accident.
D. Certificates/Insurer Rating/Cancellation Notice.
(I) RECIPIENT shall, prior to commencement of the Project, furnish to SANBAG
properly executed certificates of insurance. and certified copies of endorsements, and policies if
requested by SANBAG, which shall clearly evidence all insurance required in this Section.
RECIPIENT shall not allow such insurance to be canceled, allowed to expire or be materially
reduced in coverage except on 30 days' prior to written notice to SANBAG.
(2) RECIPIENT shall maintain such insurance from the time the Contract commences
until the PROJECT is completed, except as may be otherwise required by this Section.
(3) RECIPIENT shall place insurance with insurers having an A.M. Best Company
rating of no less than A:VIII and licensed to do business in California.
(4) RECIPIENT shall replace certificates, policies and endorsements for any insurance
expiring prior to completion of the PROJECT.
13. Delivery of Notices. All notices permitted or required under this Contract shall be given to
the respective parties in writing at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
RECIPIENT:
City of San Bernardino
300 North 0 Street, 3'd Floor
San Bernardino, California 92418
SANBAG:
San Bernardino Associated Governments
472 North Arrowhead Avenue
San Bernardino, California 92401-1421
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address.
14. Entire Al!feement. This Contract contains the entire Contract of the parties with respect to
the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
This Contract may only be modified by a writing approved by SANBAG's Board of Directors
and signed by both parties.
15. Governing Law and Venue. The parties acknowledge and agree that this Contract was
entered into and intended to be performed in whole or substantial part in San Bernardino County,
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California. Therefore, the law of the State of California, without regard to any conflicts of law
provisions, shall govern any action or claim arising out of this Contract. The parties agree that
the venue for any action or claim brought by any party to this Contract will be the Central District
of San Bernardino County. Each party hereby waives any law or rule of court which would allow
them to request or demand a change of venue. If any action or claim concerning this Contract is
brought by any third party, the parties hereto agree to use their best efforts to obtain a change of
venue to the Central District of San Bernardino County.
16. Time of Essence. Time is of the essence for each and every provision of this Agreement
17. Jurv Trial Waiver. RECIPIENT and SANBAG hereby waive their respective right to trial by
jury and agree to accept trial by judge alone of any cause of action, claim, counterclaim or cross-
complaint in any action, proceeding and/or hearing brought by either RECIPIENT against
SANBAG or SANBAG against RECIPIENT on any matter whatsoever arising out of, or in any
way connected with, this Contract, the PROJECT, the relationship of RECIPIENT and
SANBAG, or any claim of injury or damage, or the enforcement of any remedy under any law,
statute, or regulation, emergency or otherwise, now or hereafter in effect, regardless of whether
such action or proceeding concerns any contract or tort or other claim. THE PARTIES
ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL
INDUCEMENT TO EACH OF THEM TO ENTER INTO TIDS CONTRACT AND THAT
THEY WOULD NOT HAVE ENTERED INTO TIDS CONTRACT WITHOUT THIS JURY
TRIAL WAIVER. THE PARTIES FURTHER AGREE THAT EACH OF THEM HAS HAD
THE OPPORTUNITY TO CONSULT WITH COUNSEL OF ITS OWN CHOOSING IN
CONNECTION WITH TIDS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL
EFFECT OF TIDS WAIVER.
18. Successors and Assigns. This Contract shall be binding on the successors and assigns of the
parties, but may not be assigned by RECIPIENT.
19. Prohibited Interests.
A. Solicitation. RECIPIENT maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for RECIPIENT, to
solicit or secure this Contract. Further, RECIPIENT warrants that it has not paid nor has it
agreed to pay any company or. person, other than a bona fide employee working solely for
RECIPIENT, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation
of this warranty. SANBAG shall have the right to rescind this Contract without liability.
B. Conflict of Interest. For the term of this Contract, no member, officer or employee of
RECIPIENT, during the term of his or her service with RECIPIENT, shall have any direct
interest in this Contract, or obtain any present or anticipated material benefit arising therefrom.
RECIPIENT covenants that at present time it has no interest, and will not have any interest,
direct or indirect, which would conflict in any manner with the performance of the Contract or
the PROJECT required hereunder.
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~ 20. Eaual Oooortunity Emolovrnent. RECIPIENT represents that it is an equal opportunity
\"".... employer and it shall not discriminate against any employee or applicant for employment because
of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination.
21. Y2K Comoliant. RECIPIENT hereby warrants and represents that all products, equipment,
hardware, software, electronic components, and systems (individually and collectively referred to
herein as Equipment) being used by RECIPIENT or its contractors hereunder or in the
PROJECT, shall be "Year 2000 Compliant." As used herein, the term "Year 2000 Compliant"
shall mean that the Equipment will continue to perform the same functions and provide the same
level of accurate information and calculations during the years 1999, 2000, and thereafter as it
did prior thereto. In that regard, RECIPIENT warrants and represents that the functionality of the
Equipment and the PROJECT, will not be adversely affected by the fact that such information
and/or calculations may be provided. The RECIPIENT may be required to describe or
demonstrate the procedures used to verify compliance.
22. Consent. Whenever consent or approval of any party is required under this Contract, that
party shall not umeasonably withhold nor delay such consent or approval.
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23. Disoutes. In the event any dispute arises between the parties hereto under or in connection
with this Contact, the dispute shall be decided by the Director of Planning and Programming of
SANBAG or his duly authorized representative within thirty (30) calendar days after notice
thereof in writing which shall include a detailed statement of the grounds of the dispute and why
the dispute should be resolved in RECIPIENT's favor. If RECIPIENT does not agree with the
decision, then RECIPIENT shall have thirty (30) calendar days after receipt of the decision in
which to file a written appeal thereto with the Executive Director of SAN BAG. If the Executive
Director fails to resolve the dispute in a manner acceptable to RECIPIENT, then such appeal
shall be decided by a court of competent jurisdiction. During resolution of the dispute,
RECIPIENT shall proceed with the performance of this Contract to the extent practicable.
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24. Exhibits. All exhibits referred to herein are attached hereto and by this reference are
incorporated herein.
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IN WITNESS WHEREOF, the parties hereto have executed the Contract on the date first
hereinabove written.
SAN BERNARDINO
ASSOCI TED GOVERN
CITY OF SAN BERNARDINO:
By:
Dennis Hansberger, Presiden
By:
Fred Wilson, City Administrator
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REVIEWED AND RECOMMENDED
FOR APPROVAL:
d~~
By: /~(__/!.-'
Norman R. King, Exec tive Director
By:
Judith Valles, Mayor
APPROVED AS TO LEGAL FORM:
(
APPROVED AS TO FORM
AND LEGAL CONTENT.
J3mes F. Penman,
City Attorney
By:rr- t. t~
ounsel
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- CONTRACT ATTACHMENTS:
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Exhibit "A": STP Project Scope of Work
Exhibit "B": STP Project Budget
Exhibit "C": STP Project Milestone & Reporting Schedule
Exhibit "0": Project Status Report Form
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EXHIBIT A
STP Project Scope of Work
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rE.~.J } SII":'/QCr TrnffSDOnJIIO,. p,.ocr~nt
FY97196.FY01/DJ Call)",. P"Cl.lltCts In ,;,1' Fci;r\" k~~'ol:
EXHIBIT A: PROPOSER AND PROJECT INFORMATION
(Return this page as part of your STP proposal)
Please provide the following proposer information in the space provided.
Lead Agency:
Address:
City of San Bernardino/ Development Services: Engineering
300 N. "D" Street City Ha 11 3rd Floor
San Bernardino, CA. 92418
Contact Person: Raymond A. Casey Title:
Telephone Number: (909) 384-5111 Fax#:
E-Mail Address:CaseYJa@ci.san-bernardino.ca.us
City Eng i neer
(909) 384-5155
If Joint Proposal or Public/Private Partnership, Include Partner(s) Agency Name,
Contact Person, and Telephone Number:
Fourth Street Rock Crusher c/o ~lr. H. Norman Johnson Jr. (909) 885-6866
BNSF c/o Mr. Robert E. Brendza 1-800-289-2673
San Bernardino Unified School District c/o Mr. Mike Perez (909)381-1100
Project Name: State Street Fxten<;ion Proiect
Brief Project Description (single paragraph summary):
The proposed project is to extend State Street from its present terminus at 16th Street,
southerly to intersect 5th Street easterly of Foothill Boulevard. The project will be
constructed in six (6) phases. The phases will include the ultimate construction of a four-
lane roadway with new traffic signals at 5th Street at State Street, Rancho Avenue at State
Street, Base Line at State Street, and a future traffic signal at 9th Street and State Street.
The Phase V bridgework and Phase VI ultimate roadway improvements will be
constructed at a later date when monies become available. The phase boundaries are
shown on the attached Vicinity Map.
STP Funds Requested:
Local Match Amount:
Total Project Cost:
Source(s) of Local Match:
$ 2,005,000.
$ 674,000. + (289,622.)* = 963,622.
$ 2,968,622.
CIP Funds $ 424,000.
Development Fees $ 250,000.
* \~ sales tax revenues $ 289,622.
* This cost was previously incurred for the environmental
study and design.
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EXHffiIT A: PROJECT DESCRIPTION/SCOPE OF WORK
PART 1
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STATE STREET EXTENSION PROJECT
The State Street Extension Project is a six (6) phased plan for the ultimate construction of
Rancho Avenue, south of 5111 Street (Foothill Blvd.) northerly to the present terminus of
State Street at 16th Street. State Street is designed to be a four lane principal arterial with
connections to Interstate 10 at Rancho Avenue and to Interstate 215 at University
Parkway as part of the General Plan Circulation Element. See the attached Project
Vicinity Map and Phase Rough Estimate Sheets for phasing parameters and scope of
work.
The work to be done under the proposed STP Funding Application consists of acquiring
all of the necessary project right-of-way and all project construction including
construction engineering and design, with the exclusion of Phases lA roadway work, 5,
and 6. City staff is designing Phases lA, IB, and 2 of this project. The Phase lA
roadway construction, which includes a new traffic signal at Base Line, will be financed
with the City's V. cent sales tax revenues. This construction will be completed by
September 2001. The Phase 5 bridge design is complete. The bridge construction will
occur at a latter date when additional funding become available. All Phase 6 roadway
widening construction to full improvements (curb and gutter) will also occur at a later
date.
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The consultant preparation of Phase 3 and Phase 4 Plans, Specifications, and Cost
estimates is 85% complete. The proposed interim alignment of State Street, until Phase 5
bridge monies can be identified, will be east of the Lytle Creek Channel and will cross
over private property, San Bernardino County Flood Control property, Caltrans (Route
66) right-of-way at 5111 Street, and a Department of Water Resources easement/right-of-
way.
The preliminary engineering for Phases 3 and 4 consists of designing the grading
necessary to accommodate a four-lane roadway with two lanes of actual paving, and
widening the existing bridge at 5111 Street. The two traffic signals at the proposed access
road to 5111 Street, and Rancho Avenue at 5111 Street will also be designed. The design also
includes guardrail and protective fencing, as well as minor drainage structures for
roadway local drainage. The project, to comply with anticipated funding, is being
designed in metric.
The City will submit all of the required environmental documents and right-of-way
documents for this project.
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EXHffiIT A: PROJECT DESCRIPTION/SCOPE OF WORK
PART 2 (B) Project Organizational Structure:
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STATE STREET EXTENSION PROJECT
The City of San Bernardino shall be the "lead Agency" for all aspects of this project.
Mr. Jarb Thaipejr, Senior Civil Engineer, will be the designated project manager.
The Senior Civil Engineer shall be in charge of project implementation and construction
inspection. The construction inspector shall be designated, once the project is awarded
and shall act as the laison between the contractors and the project manager.
The project manager shall be the contact person with Caltrans Local Assistance and
SANBAG. He will be responsible for all progress reports as stipulated in the STP
Guidelines.
(C): Required Environmental Documents:
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An Air Quality Analysis and Biological Study have been obtained as required for an
environmental review in accordance with CEQA. The City's Environmental Review
Committee, based on an Initial Study prepared by Michael W. Grubbs, Senior Civil
Engineer, has recommended a proposed Negative Declaration. This proposal will go
before the Mayor and Common Council for their approval sometime in early 2001.
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EXHmIT A: PROJECT DESCRlPTION/SCOPE OF WORK
PART 3 (E) Project Readiness:
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STATE STREET EXTENSION PROJECT
On October 11, 1996, R. 1. Mullins and Associates, Inc. was contracted to research and
prepare ownership plats, prepare a survey plat and planimetric map from field survey,
and design the alignment based on City, State and Federal guidelines. This work was
done to insure that a roadway was feasible in the area, to be able to provide a basis for
final design drawings, and to develop preliminary estimates in order to submit Federal
and State-aid grant applications.
In May of 1997, letters of interest were sent for proposals on the final design and
preparation of construction documents for the project. In September of 1997, a contract
for final design services was approved and awarded to the firm ofHNTB Corporation for
the portion of the roadway between its connection with Rancho Avenue and 9tlt Street.
State Street between 9th Street and 15th Street, is being designed by City staff.
On March 15, 1999, the Mayor and Common Council also approved a contract with T.Y.
Lin International for an independent structural plan review of the State Street bridge
crossing at Lytle Creek. On March 22, 1999, the City Administrator approved a contract
with Ealco Consultants to peiform an ~praisal .of the properties within the roadway
alignment between Rancho Avenue and 9 Street.
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At this time, the street improvement plans by HNTB Corporation and the City are 85%
complete. The bridge plans are in the second independent review process. After the plan
review process is completed by T.Y. Lin International, we will proceed with the plan
review and permitting process with Caltrans, San Bernardino County Flood Control, U.S.
Army Corps of Engineers, Southern California Edison and the State fish and Game
Agency.
The City has appropriated $712,000.00 towards the project in the 2000/2001 Y, cent sales
tax budget, of which $343,887.00 has been encumbered for the engineering and appraisal
process. The remaining $368,113.00 is still in this years budget, although a portion of that
funding will be utilized on the Phase 1 A construction.
Recently, the City of San Bernardino Unified School District has asked the City to
construct the traffic signal at the proposed intersection of Base Line and State Street. The
cost of this new signal is estimated at $110,000.00. The staffs are recommending that the
funding for this signal come from the remaining balance of State Street and that the work
be completed in Phase I (A) of the project, prior to the opening of the new high school.
Subsequent to these discussions, a three-way agreement has been reached to design State
Street between Base Line and the high school entrance, 800' southerly of Base Line.
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In conclusion, the engineering documents are nearly complete and the project should be
ready to construct in the 1" halfof2001, after the pennitting process is completed.
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Photo #1:
Section A: Terminus of State Street south to Baseline Road
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B) Baseline R,"Qd south to 81b Street
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B) Baseline Jl.oaJ 50uth to Sd. Street
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B) Baseline lloAd south to Sill Street
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Photo #5:
Section C) 8th Street south to 7th Street
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Section C) 8th Street south to 7th Street
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Section D) 7'. Street south to the connection with Rancho Road
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EXHIBIT B
STP Project Budget
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TEA.: J Sur/oct! TronSpOrfalio" P'orrclPl
FY9~/9J-FrOl/Oj Calif or ProJ~ctJ ill ,ht roUry R~.r:lo"
EXHIBIT B: PROJECT BUDGET
(Return this page as pan of your STP proposal)
Budget Summary Data: Please complete the following Table listing project costs by category and funding
source.
State Street Extension Project:
BUDGET FUNDING FUNDING
COMPONENT STP$ OTHER $ OTHER $ SOURCE(S)
ENVIRONMENTAL $ 4,000.* $ $ ~~ sales tax
DESIGN & ENGINEERING 80,000. $ 285,622.* $ $ ~~ sales tax
ROWISITE ACQUISITION 569,000. $ 74,650. $ $
CONSTRUCTION 1,356,000. $ 599,350. $ $
CAPITAL EQUIPMENT $ $ $
OTHER DIRECT COSTS $ $ $
(please specify below) $ $ $
.
TOTAL COSTS 2,005,000.$ 963,622. $ $ ~Y.:' - :~<i::;:;.:-:';.;~';:,..:~:.::'
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Is the Project Local Match Greater than or Equal to 11.47% of the Total Project Cost?
YES
X
Cl
NO
Cl
If You Checked the 'NO' Box. Does Your Project Qualify for 100% STP Funding? Cl 0
If You Checked Both "NO" Boxes, Please Refer to Section I.C.5. for a Description of Project Local
Match Requirements! .
* These costs were previousl.y incurred and are not included in the local
match portion of this application. However, they do increase the overall
percentage of the local match contribution for the project to 32.5%.
O:ISTPC.IIVaIOO IO.abz.doc
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EXHIBIT C
STP Project Milestone & Reporting Schedule
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TEA.~ I Sur/act rr"/lJprmOtlol1 Pror:r.J1PI
FY9;/98-FTD~/OJ Cull/or Pro.'~cts II! Ih~ rollty R~.!!'OIl
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EXHIBIT C: PROJECT IMPLEMENTATION SCHEDULE
(Return this page as part of your STP proposal)
Please provide, either in the space provided beiow or separate attached sheet, a Milestone Schedule for
your proposed STP project. The schedule should include anticipated start and completion dates for each
task, activity, or milestone identified in Exhibit A. 'Project Description/Scope of Work'. Also, please
identify anticipated dates for submission of applications to Caltrans/Federal Transit Agency. and quarterly
report submission to SAN BAG.
The format requirements for the Project Implementation Schedule are flexible. A template is provided
below:
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PROJECT MILESTONE START DATE COMPLETION
Example: Task I Purchase Right of Way... Authority to Proceed (A TP) + A TP + 3 months
Contact CAL TRAN's LocaI"Assistance ATP + I week ATP + I month
Process Environmental Documents ATP + I month ATP + 3 months
Design plans and Specifications (85% complete) Started A TP + 2 months
Right-of- Way Processes A TP + 4 months A TP + 8 months
Notify Utilities of Project Location ATP + I month A TP + 2 months
Plan Approval by City Engineer A TP + 8 months ATP + 8 months
Progress Report to SANBAG A TP + 6 months ATP + 6 months
Mayor and CC Approval to Advertise A TP + 8 months A TP + 8.5 months
Project Advertisement A TP + 8.5 months ATP+9.5months
Hold Bid Openings/Award Contract ATP +9.5 months A TP + 10.5 months
Authorization to Proceed ATP + 11 months ATP + II months
Order MaterialslProject Construction ATP + II months A TP + 17 months
Project CompletionlFinal Reports A TP + 17 months A TP + 18 months
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EXHIBIT D
Project Status Report Form
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PROJECT STATUS QUARTERLY REPORT FORM
FOR FEDERAL FUNDING
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(Due to SANBAG by the 15'" of January. April, July, and October until project completion)
General Proiect Information:
Reporting Agency Name:
Project Description:
Contract Number:
L TF Allocation No:
Proiect Status:
Begin Date
(mmJdd/yy)
End Date
(mmJdd/yy)
Expected Obligation
(Fed Funds only)
Environmental Clearance:
$
Type of Environmental Document:
Engineering:
$
$
ROW:
Construction:
$
Comments:
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Local Assistance Process: (only required for projects that have received TEA, STP, or CMAQ obligation)
RTlP/FT1P Approval Date:
RTlP/FT1P Number:
Engineering
ROW
Construction
Date of Authorization
Request to CT District
8:
Date! Amount of
FNM-76 (E-76): 1$ 1$
1$ 1$
1$ 1$
Date of PR-2 (between
Caltrans and FHW A):
Date of PS (Program
Supplement):
- Date of I" !Final
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Invoice to Caltrans: I
1$
1$
1$
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Date 91 (Final Paperwork) Submitted to Caltrans to Final Project:
Please refer to next pal!:e for L TF Article 3 Pavment ReQuests and to add anv additional comments.
O:\TEAST A TFRMc.lep.doc
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PROJECT STATUS REPORT FORM
FOR FEDERAL FUNDING (cont.)
L TF PROGRESS PAYMENT REOUEST: (only required for projects that have received L TF Article 3 funds)
Allocation Number:
Date ofLTF Claim:
Amount Allocated $
Amount Requested S
Amount Received to Date $
Amount Remaining $
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(,,\.\'T't::' A C"'T" A Tr:'D Il. 1_ 1__ .l_~
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SANBAG CONTRACT NO: 01-082
by and between
SAN BERNARDINO ASSOCIATED GOVERNMENTS
and
CITY OF SAN BERNARDINO
for
State Street Extension Project
THIS CONTRACT ("Contract") is made and entered into the ~ day of 1J1p.,,~001 by and
between the San Bernardino Associated Governments, hereinafter referred to as "SANBAG",
and City of San Bernardino, hereinafter referred to as "RECIPIENT".
RECITALS
WHEREAS, RECIPIENT is a legal entity eligible to receive Federal Transportation Equity Act
for the 21st Century ("TEA-2l ")/Surface Transportation Program ("STP") funding; and
WHEREAS, RECIPIENT has been awarded STP funds provided through the TEA-2l in an
amount not to exceed $2,005,000 for the purpose of the State Street Extension Project,
hereinafter referred to as "PROJECT";
NOW, THEREFORE, in consideration for the promises set forth herein, the receipt and adequacy
of which is hereby acknowledged, the parties hereto agree as follows:
1. General Scope of Contract. RECIPIENT shall implement the PROJECT, as more
particularly defined in Exhibit "A", Scope of Work, in accordance with the Budget, and
Milestones and Reporting Schedule as expressly defined in Exhibits "B", and "C", respectively,
attached hereto and explicitly incorporated into this Contract.
2. Term. The term of this Contract shall be from the date of execution by both parties until
PROJECT completion, including submission of all required reports, unless earlier terminated by
. SANBAG.
3. Compliance with Federal. State. and Local Requirements. RECIPIENT shall comply with all
Title 23 United States Code requirements, the Uniform Relocation Act, all federal, state, and
local environmental laws, Caltrans administrative guidelines, and all SANBAG requirements
applicable to the PROJECT.
4. Inclusion in Regional Transportation Improvement Program ("RTIP"). RECIPIENT shall
submit, in a timely manner, an application to SANBAG seeking inclusion of PROJECT in a
_ subsequent update of the RTIP.
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0137300
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5. Coordination with State and Federal Agencies. RECIPIENT shall interface directly with
Caltrans, the Federal Highway Administration ("FHWA"), and Federal Transit Agency ("FTA"),
as applicable, relative to PROJECT application, submission, processing, and reporting. All
correspondence between RECIPIENT and Caltrans, FHWA, and FTA will be copied to
SANBAG.
6. Ouarterlv Reoorting. RECIPIENT shall submit, on a quarterly basis, reports that document
the status of PROJECT's implementation progress, including task completion status, budget
status, and adherence to PROJECT milestones (form provided in Exhibit "0"). .The first report
shall be submitted to SANBAG within three (3) months of the execution date of this Contract.
All subsequent quarterly reports shall be submitted in accordance with the reporting schedule as
specified in Exhibit "C", Milestones and Reporting Schedule.
7. Revocation of STP Funding. RECIPIENT acknowledges that failure to comply with any
material provision of this Contract (such failure to comply is hereinafter called a "Default"),
including failure to adhere to specified PROJECT milestones of Exhibit "c" Milestones and
Reporting, and including but not limited to RTIP submission, Caltrans/FTA application, and
obligation of PROJECT funds, may, in the sole but reasonable discretion of SANBAG, result in
revocation of STP funding for the PROJECT by SANBAG. In the event SANBAG's Director of
Planning and Programming determines that RECIPEINT has committed a Default by failing to
comply with a material provision of this Contract, SANBAG will notify RECIPIENT in writing
of the Default. RECIPIENT shall have thirty days (unless a shorter time is reasonably
determined by SANBAG's Director of Planning and Programming to be required under the
circumstances) from the date of SANBAG's letter of notification of Default to cure the Default
or to dispute the Default under the provisions of Paragraph 23, Disputes. In the event
RECIPIENT fails to cure the Default within the time allowed or if the RECIPIENT's dispute is
not resolved in the RECIPIENT's favor, SANBAG's Director of Planning and Programming may
revoke the STP funding for the PROJECT and terminate this Contract by written notice to the
RECIPIENT. If the Default is a failure to adhere to one or more specified milestones of Exhibit
"C", Milestones and Reports, the RECIPIENT may request an amendment to this Contract which
specifies a revised schedule for attaining the milestone(s). The request for amendment to the
Contract must provide complete justification for the proposed schedule revision. If such an
amendment is approved by the SANBAG Board of Directors, such amendment shall cure the
Default. Any STP funds which may become available as a result of revocation of such
funding and termination of this Contract due to RECIPIENT's failure to timely cure a
Default, may not be utilized by the RECIPIENT in any manner, but will be reallocated by
the SANBAG Board through consideration of other unfunded applications, recompetition,
or policy review of other priority projects/programs.
8. Standard of Care: Licenses. RECIPIENT shall perform the work required to complete the
PROJECT under this Contract with all due diligence and in a skillful and competent manner.
RECIPIENT shall be responsible to SANBAG for any errors or omissions in its execution of this
Contract. RECIPIENT represents and warrants to SANBAG that it and/or its contractors has or
will have all licenses, permits, qualifications and approvals of whatever nature that are legally
required to perform the work required to complete the PROJECT. RECIPIENT further
O;\aO 1082-ty.doc
0137300
2
,'- represents and warrants that it and/or its contractors shall keep in effect all such licenses, permits,
\...... and other approvals during the term of this Contract.
9. Records. RECIPIENT shall keep and maintain all books, papers, records, accounting records
including but not limited to all direct and indirect costs allocated to the PROJECT, files,
accounts, reports, cost proposals with backup data, and all other material relating to the
PROJECT. RECIPIENT shall, upon request, make all such materials available to SANBAG or its
designee at any reasonable time during the term of the Contract and for three (3) years from the
date of final payment to RECIPIENT, for auditing, inspection, and copying. Anv subcontract.
entered into as a result of this Contract. shall contain all of the orovisions of this oaragraoh.
10. Attornevs' Fees. If any legal action is instituted to enforce or declare any party's rights
hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees.
This paragraph shall not apply to those costs and attorneys' fees directly arising from any third
party legal action against a party hereto and payable under Paragraph 11, Indemnification.
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11. Indemnification. RECIPIENT shall defend with counsel reasonably approved by SANBAG,
indemnify and hold SANBAG, its officials, officers, employees and agents free and harmless
from any and all liability from loss, damage, or injury to property or persons, including wrongful
death, in any manner arising out of or incident to any negligent acts, omissions or willful
misconduct of RECIPIENT arising out of or in connection with RECIPIENT's performance of
this Contract and/or the PROJECT.
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12. Insurance. RECIPIENT shall obtain and shall require its subcontractors to obtain insurance
of the types and in the amounts described below and satisfactory to SANBAG. RECIPIENT may
meet the requirements of this paragraph through a program of legal self insurance.
A. Commercial General Liabilitv Insurance. RECIPIENT shall maintain occurrence version
commercial general liability insurance or equivalent form with a combined single limit of not
less than $1,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two times the occurrence limit. Such
insurance shall:
(1) Name SANBAG its officials, officers, employees, agents, and consultants, as
insureds with respect to performance of this Contract and/or the PROJECT. Such insured status
shall contain no special limitations on the scope of its protection to the above-listed insureds.
(2) Be primary with respect to any insurance or self insurance programs covering
SANBAG, its officials, officers, employees, agents, and consultants.
(3) Contain standard separation of insureds provisions.
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B. Business Automobile Liability Insurance. RECIPIENT shall maintain business
automobile liability insurance or equivalent form with a combined single limit of not less than
$1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-
owned automobiles.
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0137300
3
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,_ C. Workers' Compensation Insurance. RECIPIENT shall maintain workers' compensation
insurance with statutory limits and employers' liability insurance with limits of not less than
$1,000,000 per accident.
D. Certificates/lnsurer RatimuCancellation Notice.
(1) RECIPIENT shall, prior to commencement of the Project, furnish to SANBAG
properly executed certificates of insurance, and certified copies of endorsements, and policies if
requested by SANBAG, which shall clearly evidence all insurance required in this Section.
RECIPIENT shall not allow such insurance to be canceled, allowed to expire or be materially
reduced in coverage except on 30 days' prior to written notice to SANBAG.
(2) RECIPIENT shall maintain such insurance from the time the Contract commences
until the PROJECT is completed, except as may be otherwise required by this Section.
(3) RECIPIENT shall place insurance with insurers having an A.M. Best Company
rating of no less than A: VIII and licensed to do business in California.
(4) RECIPIENT shall replace certificates, policies and endorsements for any insurance
expiring prior to completion of the PROJECT.
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""" 13. Delivery of Notices. All notices permitted or required under this Contract shall be given to
the respective parties in writing at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
RECIPIENT:
City of San Bernardino
300 North 0 Street, 3'd Floor
San Bernardino, California 92418
SANBAG:
San Bernardino Associated Governments
472 North Arrowhead Avenue
San Bernardino, California 92401-1421
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address.
14. Entire Agreement. This Contract contains the entire Contract of the parties with respect to
the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
This Contract may only be modified by a writing approved by SANBAG's Board of Directors
and signed by both parties.
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15. Governing Law and Venue. The parties acknowledge and agree that this Contract was
entered into and intended to be performed in whole or substantial part in San Bernardino County,
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0137300
4
,- California. Therefore, the law of the State of California, without regard to any conflicts of law
'- provisions, shall govern any action or claim arising out of this Contract. The parties agree that
the venue for any action or claim brought by any party to this Contract will be the Central District
of San Bernardino County. Each party hereby waives any law or rule of court which would allow
them to request or demand a change of venue. If any action or claim concerning this Contract is
brought by any third party, the parties hereto agree to use their best efforts to obtain a change of
venue to the Central District of San Bernardino County.
16. Time of Essence. Time is of the essence for each and every provision of this Agreement
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17. Jury Trial Waiver. RECIPIENT and SANBAG hereby waive their respective right to trial by
jury and agree to accept trial by judge alone of any cause of action, claim, counterclaim or cross-
complaint in any action, proceeding and/or hearing brought by either RECIPIENT against
SANBAG or SANBAG against RECIPIENT on any matter whatsoever arising out of, or in any
way connected with, this Contract, the PROJECT, the relationship of RECIPIENT and
SANBAG, or any claim of injury or damage, or the enforcement of any remedy under any law,
statute, or regulation, emergency or otherwise, now or hereafter in effect, regardless of whether
such action or proceeding concerns any contract or tort or other claim. THE PARTIES
ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL
INDUCEMENT TO EACH OF THEM TO ENTER INTO THIS CONTRACT AND THAT
THEY WOULD NOT HAVE ENTERED INTO THIS CONTRACT WITHOUT THIS JURY
TRIAL WAIVER. THE PARTIES FURTHER AGREE THAT EACH OF THEM HAS HAD
THE OPPORTUNITY TO CONSULT WITH COUNSEL OF ITS OWN CHOOSING IN
CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL
EFFECT OF THIS WAIVER.
18. Successors and Assigns. This Contract shall be binding on the successors and assigns of the
parties, but may not be assigned by RECIPIENT.
19. Prohibited Interests.
A. Solicitation. RECIPIENT maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for RECIPIENT, to
solicit or secure this Contract. Further, RECIPIENT warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
RECIPIENT, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation
of this warranty, SANBAG shall have the right to rescind this Contract without liability.
B. Conflict of Interest. For the term of this Contract, no member, officer or employee of
RECIPIENT, during the term of his or her service with RECIPIENT, shall have any direct
interest in this Contract, or obtain any present or anticipated material benefit arising therefrom.
RECIPIENT covenants that at present time it has no interest, and will not have any interest,
r direct or indirect, which would conflict in any manner with the performance of the Contract or
'- the PROJECT required hereunder.
O:\aO 1082-ty.doc
0137300
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\"",.. 20. Equal Opportunity Emplovrnent. RECIPIENT represents that it is an equal opportunity
employer and it shall not discriminate against any employee or applicant for employment because
of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination.
21. Y2K Compliant. RECIPIENT hereby warrants and represents that all products, equipment,
hardware, software, electronic components, and systems (individually and collectively referred to
herein as Equipment) being used by RECIPIENT or its contractors hereunder or in the
PROJECT, shall be "Year 2000 Compliant." As used herein, the term "Year 2000 Compliant"
shall mean that the Equipment will continue to perform the same functions and provide the same
level of accurate information and calculations during the years 1999, 2000, and thereafter as it
did prior thereto. In that regard, RECIPIENT warrants and represents that the functionality of the
Equipment and the PROJECT, will not be adversely affected by the fact that such information
and/or calculations may be provided. The RECIPIENT may be required to describe or
demonstrate the procedures used to verify compliance.
22. Consent. Whenever consent or approval of any party is required under this Contract, that
party shall not unreasonably withhold nor delay such consent or approval.
c
23. Disputes. In the event any dispute arises between the parties hereto under or in connection
with this Contact, the dispute shall be decided by the Director of Planning and Programming of
SANBAG or his duly authorized representative within thirty (30) calendar days after notice
thereof in writing which shall include a detailed statement of the grounds of the dispute and why
the dispute should be resolved in RECIPIENT's favor. If RECIPIENT does not agree with the
decision, then RECIPIENT shall have thirty (30) calendar days after receipt of the decision in
which to file a written appeal thereto with the Executive Director of SANBAG. If the Executive
Director fails to resolve the dispute in a manner acceptable to RECIPIENT, then such appeal
shall be decided by a court of competent jurisdiction. During resolution of the dispute,
RECIPIENT shall proceed with the performance of this Contract to the extent practicable.
24. Exhibits. All exhibits referred to herein are attached hereto and by this reference are
incorporated herein.
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0137300
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IN- WITNESS WHEREOF, the parties hereto have executed the Contract on the date first
hereinabove written.
SAN BERNARDINO
ASSOC 0 GOVERNM NTS:
By:
ennis Hansberger, President
REVIEWED AND RECOMMENDED
FOR APPROVAL:
By: 4.: ~ A:.f:7
Norman R. King, Executive Director
APPROVED AS TO LEGAL FORM:
0:\.01082-ty.doc
0137300
CITY OF SAN BERNARDINO:
By:
Fred Wilson, City Administrator
7
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TNESS WHEREOF, the parties hereto have executed the Contract on the date first
bove written.
,-.
ERNARDINO
LVERN
nis Hansberger, President
CITY OF SAN BERNARDINO:
By:
Fred Wilson, City Administrator
:WED AND RECOMMENDED
,PPROV AL:
4., ~~~
man R. King, Executive Director
)VED AS TO LEGAL FORM:
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)82-ty.doc
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,- CONTRACT ATTACHMENTS:
'-
Exhibit "A": STP Project Scope of Work
Exhibit "B": STP Project Budget
Exhibit "C": STP Project Milestone & Reporting Schedule
Exhibit "0": Project Status Report Form
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EXHIBIT A
STP Project Scope of Work
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TE.-l-}l SII,.i'aCI: T,.n"JDO"'.J"O" P"OC"~'"
FY97I9S.FY01JOJ CtJ/lio,,' Pro}l:tlJ '" lnt 1"12;;("\' k~rlOI:
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EXHIBIT A: PROPOSER AND PROJECT INFORMATION
(Return this page as part of your STP proposal)
"""'"
Please provide the following proposer information in the space provided.
Lead Agency:
Address:
City of San Bernardino/ Development Services: Engineering
300 N. "0" Street City Hall 3rd Floor
San Bernardino, CA. 92418
Contact Person:
Telephone Number:
E-Mail Address:CaseYJa@ci.san-bernardino.ca.us
Raymond A. Casey
(909) 384-5111
Title:
Fax #: (909) 384-5155
City Engineer
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If Joint Proposal or Public/Private Partnership, Include Partner(s) Agency Name,
Contact Person, and Telephone Number:
Fourth Street Rock Crusher c/o /lr. H. Norman Johnson Jr. (909) 885-6866
BNSF c/o Mr. Robert E. Brendza 1-800-289-2673
San Bernardino Unified School District c/o Mr. Mike Perez (909)381-1100
Project Name: State <;trppt Fxtpn<:ion Proiect
Brief Project Description (single paragraph summary):
The proposed project is to extend State Street from its present terminus at 16th Street,
southerly to intersect 5th Street easterly of Foothill Boulevard. The project will be
constructed in six (6) phases. The phases will include the ultimate construction of a four-
lane roadway with new traffic signals at 5th Street at State Street, Rancho Avenue at State
Street, Base Line at State Street, and a future traffic signal at rjh Street and State Street.
The Phase V bridgework and Phase VI ultimate roadway improvements will be
constructed at a later date when monies become available. The phase boundaries are
shown on the attached Vicinity Map.
.
STP Funds Requested:
Local Match Amount:
Total Project Cost
Source(s) of Local Match:
$ 2,005,000.
$ 674,000. + (289,622.)* = 963,622.
$ 2,968,622.
CIP Funds $ 424,000.
Development Fees $ 250,000.
* ~t sales tax revenues $ 289,622.
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* This cost was previously" incurred for the environmental
study and design.
O:\STPCaIlVaIOO I O-abz.doc
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EXHIBIT A: PROJECT DESCRIPTION/SCOPE OF WORK
PART 1
STATE STREET EXTENSION PROJECT
The State Street Extension Project is a six (6) phased plan for the ultimate construction of
Rancho Avenue, south of 5th Street (Foothill Blvd.) northerly to the present terminus of
State Street at 16th Street. State Street is designed to be a four lane principal arterial with
connections to Interstate 10 at Rancho Avenue and to Interstate 215 at University
Parkway as part of the General Plan Circulation Element. See the attached Project
Vicinity Map and Phase Rough Estimate Sheets for phasing parameters and scope of
work.
The work to be done under the proposed STP Funding Application consists of acquiring
all of the necessary project right-of-way and all project construction including
construction engineering and design, with the exclusion of Phases lA roadway work, 5,
and 6. City staff is designing Phases IA, IB, and 2 of this project. The Phase lA
roadway construction, which includes a new traffic signal at Base Line, will be financed
with the City's Vz cent sales tax revenues. This construction will be completed by
September 2001. The Phase 5 bridge design is complete. The bridge construction will
occur at a latter date when additional funding become available. All Phase 6 roadway
widening construction to full improvements (curb and gutter) will also occur at a later
,_ date.
~
The consultant preparation of Phase 3 and Phase 4 Plans, Specifications, and Cost
estimates is 85% complete. The proposed interim alignment of State Street, until Phase 5
bridge monies can be identified, will be east of the Lytle Creek Channel and will cross
over private property, San Bernardino County Flood Control property, Caltrans (Route
66) right-of-way at 5th Street, and a Department of Water Resources easement/right-of-
way.
The preliminary engineering for Phases 3 and 4 consists of designing the grading
necessary to accommodate a four-lane roadway with two lanes of actual paving, and
widening the existing bridge at 5th Street. The two traffic signals at the proposed access
road to 5th Street, and Rancho Avenue at 5. Street will also be designed. The design also
includes guardrail and protective fencing, as well as minor drainage structures for
roadway local drainage. The project, to comply with anticipated funding, is being
designed in metric.
The City will submit all of the required environmental documents and right-of-way
documents for this project.
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,_ EXHffilT A: PROJECT DESCRIPTION/SCOPE OF WORK
'- PART 2 (B) Project Organizational Structure:
STATE STREET EXTENSION PROJECT
The City of San Bernardino shall be the "lead Agency" for all aspects of this project.
Mr. Jarb Thaipejr, Senior Civil Engineer, will be the designated project manager.
The Senior Civil Engineer shall be in charge of project implementation and construction
inspection. The construction inspector shall be designated, once the project is awarded
and shall act as the laison between the contractors and the project manager.
The project manager shall be the contact person with Caltrans Local Assistance and
SANBAG. He will be responsible for all progress reports as stipulated in the STP
Guidelines.
(C): Required Environmental Documents:
_.
An Air Quality Analysis and Biological Study have been obtained as required for an
environmental review in accordance with CEQA. The City's Environmental Review
Committee, based on an Initial Study prepared by Michael W. Grubbs, Senior Civil
Engineer, has recommended a proposed Negative Declaration. This proposal will go
before the Mayor and Common Council for their approval sometime in early 2001.
........
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EXUffiIT A: PROJECT DESCRIPTION/SCOPE OF WORK
PART 3 (E) Project Readiness:
STA TE STREET EXTENSION PROJECT
On October 11, 1996, R J. Mullins and Associates, Inc. was contracted to research and
prepare ownership plats, prepare a survey plat and planimetric map from field survey,
and design the alignment based on City, State and Federal guidelines. This work was
done to insure that a roadway was feasible in the area, to be able to provide a basis for
final design drawings, and to develop preliminary estimates in order to submit Federal
and State-aid grant applications.
In May of 1997, letters of interest were sent for proposals on the final design and
preparation of construction documents for the project. In September of 1997, a contract
for final design services was approved and awarded to the firm ofHNTB Corporation for
the portion of the roadway between its connection with Rancho Avenue and 91!1 Street.
State Street between 9fh Street and 15fh Street, is being designed by City staff.
-
On March 15, 1999, the Mayor and Common Council also approved a contract with T.Y.
Lin International for an independent structural plan review of the State Street bridge
crossing at Lytle Creek. On March 22, 1999, the City Administrator approved a contract
with Ealco Consultants to peiform an BJ?praisal of the properties within the roadway
alignment between Rancho Avenue and 9 Street.
'-
At this time, the street improvement plans by HNTB Corporation and the City are 85%
complete. The bridge plans are in the second independent review process. After the plan
review process is completed by T.Y. Lin International, we will proceed with the plan
. review and permitting process with Caltrans, San Bernardino County Flood Control, U.S.
Army Corps of Engineers, Southern California Edison and the State Fish and Game
Agency.
The City has appropriated $712,000.00 towards the project in the 2000/2001 Y, cent sales
tax budget, of which $343,887.00 has been encumbered for the engineering and appraisal
process. The remaining $368,113.00 is still in this years budget, although a portion of that
funding will be utilized on the Phase lA construction.
Recently, the City of San Bernardino Unified School District has asked the City to
construct the traffic signal at the proposed intersection of Base Line and State Street. The
cost ofthis new signal is estimated at $110,000.00. The staffs are recommending that the
funding for this signal come from the remaining balance of State Street and that the work
be completed in Phase I <A) of the project, prior to the opening of the new high school.
Subsequent to these discussions, a three-way agreement has been reached to design State
Street between Base Line and the high school entrance, 800' southerly of Base Line.
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In conclusion, the engineering documents are nearly complete and the project should be
ready to construct in the I" half of 200 1, after the permitting process is completed.
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Photo #1:
Section A: Terminus of State Street south to Baseline Road
Photo #2:
B) Baseline Road south to 8uI Street
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Photo #3:
B) Baseline ltolfJ south to SU, Street
Photo #4:
B) Baseline llollcl south to Sib Street
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Photo #5:
Section C) 811> Street south to 711> Street
Photo #6:
Section C) 811> Street south to 711> Street
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Photo #7:
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Section D) 7'h Street south to the connection with Rancho Road
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EXHIBIT B
STP Project Budget
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_ . TEA.~I Svrfoe~ rron4portatio" P"orrom
Fl'9../93-FJ01IOJ Call/or ProJt!cu in ,h~ raUry RrglOIl
EXHIBIT B: PROJECT BUDGET
(Return this page as parr of your STP proposal)
Budget Summary Data: Please complete the following Table listing project costs by category and funding
source.
State Street Extension Project:
BUDGET FUNDING FUNDING
COMPONENT STP$ OTHER $ OTHER $ SOURCE(S)
ENVIRONMENTAL S 4,000.* S S ;,~ sales tax
DESIGN & ENGINEERING 80,000. $ 285,622.* S S ;,~ sales tax
ROWISITE ACQUISITION 569,000. S 74,650. S S
CONSTRUCTION 1,356,000. $ 599,350. $ $
CAPITAL EQUIPMENT $ $ $
OTHER DIRECT COSTS $ $ $
(please specify below) $ $ $
TOTAL COSTS 2,005,000.$ 963,622. $ $ t};.**Hll~i~~~~j
Is the Project Local Match Greater than or Equal to 11.47% of the Total Project Cost?
YES
X
o
NO
o
If You Checked the 'NO' Box. Does Your Project Qualify for 100% STP Funding? 0 [j
If You Checked Both "NO" Boxes, Please Refer to Section I.C.5. for a Description of Project Local
Match Requirements!
* These costs were previously incurred and are not included in the local
match portion of this application. However, they do increase the overall
percentage of the local match contribution for the project to 32.5%.
O:ISTPCaIlVaIOO I O.abz.doc
1 <
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TE.A.~ / Sur/act! rransporrDlioll P"Orr-a1n
F}'9~/9J-F}"O:1I0J eaUfor Projt:cu ill ,he rallt." RtglO1l
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EXHIBIT 8: PROJECT BUDGET
(Return this page as part of your STP proposal)
\~
nary Data: Please complete the following Table listing project costs by category and funding
ate Street Extension Project:
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'DGET FUNDING FUNDING
PONENT STP $ OTHER $ OTHER $ SOURCE(S)
:NTAL S 4,000.* S $ J,t sales tax
NGINEERING 80,000. $ 285,622.* $ S J,t sales tax
,CQUISITION 569,000. $ 74,650. $ $
TION 1,356,000. $ 599,350. $ $
IUIPMENT , $ $ $
:CT COSTS $ $ $
ify below) $ $ $
TOTAL COSTS 2,005,000.$ 963,622. $ $ ~~~~~~~~~~~
t Local Match Greater than or Equal to 11.47% of the Total Project Cost?
YES
X
Cl
NO
Cl
ed the 'NO' Box, Does Your Project Qualify for 100% STP Funding? C] 0
ked Both "NO" Boxes, Please Refer to Section I.C.S. for a Description of Project Local
irements!
~se costs were previously incurred and are not included in the local
:ch portion of this application. However, they do increase the overall
'centage of the local match contribution for the project to 32.5%.
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EXHIBIT C
STP Project Milestone & Reporting Schedule
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rEA.~ I Sur/au T,.~nJp(J,.,allo" p,.ocrlJIfl
FY9:/98.F1.02IOJ Cullfor Pro..lurs II! ,hI! 'ollty R~.'!IOII
EXHIBIT C: PROJECT IMPLEMENTATION SCHEDULE
(Return this page as part of your STP proposal)
Please provide, either in the space provided Delow or separate attached sheet. a Milestone Schedule for
your proposed STP project The schedule should include anticipated start and completion dates for each
task, activity. or milestone identified in Exhibit A. 'Project Description/Scope of Work". Also, please
identify anticipated dates for submission of applications to CaltranslFederal Transit Agency, and quarterly
report submission to SAN BAG.
The format requirements for the Project Implementation Schedule are fiexible. A template is provided
below:
PROJECT MILESTONE START DATE COMPLETION
Example: Task I Purchase Right of Way... Authority to Proceed (A TP) + A TP + 3 months
Contact CAL TRAN's Local Assistance ATP + I week ATP + I month
Process Environmental Documents ATP+ I month A TP + 3 months
Design plans and Specifications (85% complete) Started A TP + 2 months
Right-of-Way Processes A TP + 4 months ATP + 8 months
Notify Utilities of Project Location ATP + I month A TP + 2 months
Plan Approval by City Engineer A TP + 8 months ATP + 8 months
Progress Report to SANBAG A TP + 6 months A TP + 6 months
Mayor and CC Approval to Advertise A TP + 8 months A TP + 8.5 months
Project Advertisement A TP + 8.5 months A TP + 9.5 months
Hold Bid Openings/Award Contract ATP + 9.5 months A TP + 10.5 months
Authorization to Proceed ATP + II months ATP + II months
Order Materials/Project Construction ATP + II months A TP + 17 months
Project Completion/Final Reports ATP + 17 months ATP+ 18 months
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EXHIBIT D
Project Status Report Form
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PROJECT STATUS QUARTERLY REPORT FORM
FOR FEDERAL FUNDING
'""""
(Due to SANBAG by the 15'" of January, April, July, and October until project completion)
General Proiect Information:
Reporting Agency Name:
Contract Number:
L TF Allocation No:
Project Description:
Proiect Status:
Begin Date
(mm/dd/yy)
End Date
(mmldd/yy)
Expected Obligation
(Fed Funds only)
Environmental Clearance:
$
Type of Environmental Document:
Engineering:
$
$
ROW:
Construction:
$
Comments:
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Local Assistance Process: (only required for projects that have received TEA, STP, or CMAQ obligation)
RTIPIFTIP Approval Date:
RTIP/FTIP Number:
Engineering
ROW
Construction
Date of Authorization
Request to CT District
8:
Date/Amount of
FNM-76 (E-76): /$
1$
IS
Date of PR-2 (between
Caltrans and FHW A):
Date of PS (program
Supplement):
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"- Date of I" /Final
Invoice to Caltrans: I
1$
IS
IS
IS
1$
IS
I
/
Date 91 (Final Paperwork) Submitted to Caltrans to Final Project:
Please refer to next na!!e for L TF Article 3 Pavment ReQuests and to add anv additional comments.
O:\TFAST ATFR:\lc.len 'rint"
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PROJECT STATUS REPORT FORM
FOR FEDERAL FUNDING (cant.)
L TF PROGRESS PAYMENT REOUEST: (only required for projects that have received L TF Article 3 funds)
Allocation Number:
Date ofLTF Claim:
Amount Allocated $
Amount Requested $
Amount Received to Date $
Amount Remaining $
'-' ADDITIONAL COMMENTS:
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JCXl/- 1/",
San Bernardino Associated Governments
[ffi[g@[gOW~[Q)
MAR 2 9 2001
San Bernardino County Transportation Commission
San Bernardino County Transportation Authority
San Bernardino County Congestion Management Agency
Service Authority for Freeway Emergencies
CITY OF SAN BERNARDI~2 North Arrowhead Avenue. San Bernardino. California 92401-1421
DEVELgE~~~~~~VICE (909) 884-8276 FAX: (909) 885-4407
03/27/01
Company:
Address:
City of San Bernardino
300 N. "D" Street, City Hall3rd Floor
San Bernardino, CA 92418
Attention:
Raymond A. Casey, City Engineer
Subject:
Contract Number 01-082
Attached is the following:
SANBAO Contract 01-082-
State Street Extension Pro' ect
This is transmitted as checked below:
A roved as submitted
A roved as noted
Returned for corrections
X For si natures
Resubmit
Submit
Return
Remarks:
Please have contract signed and return one original to me. Thank you.
BY~~du
Andrea B. Zureick
Transportation PlanningIProgramming Analyst
O:IRCOI 0327.abz.doc
Cities of: Adelanto. Barstow, Big Bear Lake. Chino, Chino Hills, Colton, Fontana. Grand Te"ace. Hesperia, Highland, Lorna Linda, Mon/clair
Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa
Towns of" Apple Valley. Yucca Valley County of San Bernardino
CITY CLERK'S OFFICE
RACHEL G. CLARK, C.M.C. - CITY CLERK
'"
P.O. Box 1318, San Bernardino' CA92402
300 NorIh "D" StreeIo San Bernardino' CA 92418-0001
909.384.5002 0 Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
June 25, 2001
Andrea B. Zureick
San Bernardino Associated Govermnents
472 N. Arrowhead Avenue
San Bernardino, Ca 92401
Re: SANBAG Contract 01-082 - State Street Extension Project
Dear Ms. Zureick,
Per your request, enclosed is one signed original contract. If you have any questions, please call
me at (909)384-5002.
Sincerely,
I
{'- {"
,
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Michelle Taylor
Senior Secretary
Enclosure
cc: Raymond Casey, Development Services
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity 0 AccounIability 0 Respect for Human Dignity 0 Honesty
. .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): "-I \(-() \
Item #
19:
Resolution # 'Leo I - 12g
Vote:
Ayes I-I
Nays
..e
Abstain
B-
Absent -B
Change to motion to amend original documents:
Reso. # On Attachments:./ Contract term:
Note on Resolution of Attachment stored separately: --=-
DirecI City Clerk to (circle 1): PUBLISH, POST, RECORD W /COUNTY By:
NulWoid After:
Date Sent to Mayor: lr LO ~ClI
Date of Mayor's Signature: Co-"Z H::.,I
Date of Clerk/CDC Signature: 10. L "Z- c::, \
Reso. Log Updated:
Seal Impressed:
../
,/
Date Memo/Letter Sent fo
60 Day Reminder Letter Sent on 30th da
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Dale Returned: --
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):
Yes~ No By
Yes No ,/ By
Yes No ,/ By
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Yes No v By
Yes N07 By
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance
Dev. Services ,/ EDA
Finance v
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready 10 File: 01'
Date: ~-25 )0 ,
Revised 01/12/01