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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
File No.: 4.10-7316
Subject: Resolution authorizing the execution of
Amendment No. 2 to Cooperative
Agreement with San Bernardino
Associated Government (SANBAG) for
design and construction of State Street
Storm Drain between State Route 210
and Lvtle Creek.
MCC Date: April 18, 2005
From: James Funk, Director
Dept: Development Services
Date: March 28, 2005
Synopsis of Previous Council Action:
07/09/01 Allocated $300,000 in account No. 248-368-5504-7316 in the 2002103 Capital
Improvement Program (CIP) for the construction of State Street Master Plan Storm
Drain at 1-210 Freeway.
03/17/03 Adopted the Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program (MMRP) for Public Works Project No. 02-01, Installation of State
Street Master Plan Storm Drain at the 1-210 Freeway.
06/16/03 Adopted Resolution No. 2003-127 authorizing execution of a Cooperative Agreement
between the City of San Bemardino and the San Bernardino Associated
Govemments (SANBAG) for State Street Storm Drain Project, Contract NO.03-005
and Resolution No. 2003-128 authorizing the execution of Amendment NO.1 to the
Cooperative Agreement between the City of San Bemardino and the San Bernardino
Associated Governments (SAN BAG} for State Street Storm Drain Project, Contract
No. 03-005.
Recommended motion:
-r ~unk
Adopt Resolution.
Contact person: Michael Grubbs, Eng. Mgr.lField Engineer
Phone:
5179
Supporting data attached: Staff Report, Map, Reso. & Amend. No.2 Ward: 6
FUNDING REQUIREMENTS:
Amount: $2,310,585
Source: (Acct. No.) 248-368-5504-7316
(Acct. Description) State Street - Install Master Plan Storm
Drain
Finance:
Council Notes~. :JOO~-CJ;}--
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Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution authorizing the execution of Amendment No. 2 to Cooperative Agreement with San
Bernardino Associated Government (SANBAG) for design and construction of State Street
Storm Drain between State Route 210 and Lytle Creek.
Backl!round:
The City of San Bernardino (City), in cooperation with the San Bernardino Associated
Governments (SANBAG), is installing an underground storm drain in State Street to convey
runoff from the proposed 1-210 Freeway, Segment. 11, to an outlet into Lytle Creek near
Baseline Street.
At the request of the City, the storm drain was "upsized" to provide catch basins along State
Street to accept local drainage, which has formed the basis for the City's participation in the
project. Currently, several small drainage facilities exist within the tributary area. Surface runoff
generated from the area exceeds the capacity of the existing storm drains, resulting in street
flooding during periods of heavy rain.
The proposed storm drain will consist of catch basins along Macy Street, State Street, California
Street and Highland Avenue. The catch basins will intercept runoff and convey flows to the main
storm drain, portions of which are proposed to be installed in Macy Street, California Street,
Highland Avenue and State Street, as part of this project.
On 03/17/03, the Mayor and Common Council adopted the Mitigated Negative Declaration and
the Mitigation Monitoring and Reporting Program (MMRP) for Public Works Project No. 02-01,
Installation of State Street Master Plan Storm Drain at the 1-210 Freeway. A Notice of
Determination (NOD) was filed with the Clerk of the Board of Supervisors, which included
payment of a fee consisting of a $35.00 administrative fee and a $1,250.00 environmental filing
fee to the State Department of Fish and Game.
On June 16, 2003, the Mayor and Common Council adopted Resolution No. 2003-127
authorizing execution of a Cooperative Agreement between the City of San Bernardino and the
San Bernardino Associated Governments (SANBAG) for State Street Storm Drain Project,
Contract No.03-005 and Resolution No. 2003-128 authorizing the execution of Amendment No.
1 to the Cooperative Agreement between the City of San Bernardino and the San Bernardino
Associated Governments (SANBAG) for State Street Storm Drain Project, Contract No. 03-005.
Bids for the State Street Storm Drain were received by SAN BAG and the lowest responsible
bidder was determined to be Atkinson Contractors LLP/MCM Construction Joint Venture. The
bid price of the State Street Storm Drain was $7,642,340 of which the City is responsible for
$25%, or $1,910,585. SAN BAG awarded the contract for State Street Storm Drain to Atkinson
Contractors LLP/MCM Construction Joint Venture in February of 2005.
The original cooperative agreement with SAN BAG envisioned a start of construction date
around January 2004, and set a 6-year repayment schedule by which the City was to reimburse
SAN BAG for the City's share of the cost of the storm drain construction, which was to start in
January 2004.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
It now appears certain that construction will start in April 2005. Therefore, City and SAN BAG
staff have negotiated a revision to the repayment schedule such that the first installment of the
repayment will begin in April 2005 and continue over a period of 6 years until the City's share of
the storm drain cost is repaid to SAN BAG. The revised repayment schedule is indicated in the
attached Amendment No.2.
Financial Impact:
This Cooperative Agreement and Amendment No. 1 to Cooperative Agreement provided that
SAN BAG will pay all cost of construction and utility relocation related to the State Street Storm
Drain. Amendment No. 1 provided that the City would repay SAN BAG in six (6) equal
installments. The proposed Amendment No. 2 revised the repayment schedule such that the
City will re-pay SAN BAG in six (6) equal installments beginning in April 2005 and ending in April
2010. As with Amendment No.1, interest will be charged on the unpaid balance, which remains
after completion of construction.
The revised estimated participating costs based on the bid price are as follows:
Estimated Cost SAN BAG City share (25%)
Sharel75%)
Proiect Construction Cost $7,642,340 $5,731,755 $1,910,585
Utilltv Relocation Cost $300,000 0 $300,000
Total Cost $7,942,340 $5.731,755 $2,210,585
Estimated Interest Cost -- 0 $100,000
Estimated Total Cost Share -- $5,731,755 $2,310,585
The current balance in account No. 248-368-5504-7316 "S004-08 State Street Storm Drain" is
approximately $885,000. Approximately $300,000 of that amount will be used to fund utility
relocation cost. An additional $318,430 will be required to fund the first installment, which will
become due and payable in April 2005. Staff further recommends that an additional $318,430
be allocated from storm drain revenues in FY 2005/06 and FY 2006/07 to pay the second
installment and third installments.
We estimate that three (3) remaining installments in the approximate amount of $352,000 will
need to be programmed in FY 2007/08 through FY 2009/10 to repay SANBAG for the cost of
construction of the storm drain plus interest.
These amounts may be adjusted in future fiscal years to account for the City's share of the cost
of change orders.
Recommendation:
Adopt Resolutions.
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RESOLUTION NO. t (Q) IPY
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
4 ASSOCIATED GOVERNMENTS (SANBAG) FOR STATE STREET STORM DRAIN
5 PROJECT, CONTRACT NO. 03-005.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City Amendment No.2 to Cooperative Agreement
10 with San Bernardino Associated Governments (SANBAG) for the design and construction of
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State Street Storm Drain with the completion of Segment 11 of State Route 210. A copy of
said Amendment No.2 to Cooperative Agreement is attached as Exhibit "B". and is made a
part hereof.
SECTION 2. The authorization to execute the above referenced Amendment No.2 to
Cooperative 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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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
3 ASSOCIATED GOVERNMENTS (SANBAG) FOR STATE STREET STORM DRAIN
PROJECT, CONTRACT NO. 03-005.
4
5
6
7
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10
11
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the day of
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
13 DERRY
14
15
16
17
18
19
20
21
KELLY
JOHNSON
MC CAMMACK
City Clerk
day of
The foregoing resolution is hereby approved this
2005.
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Approved as to
25 form and legal content:
26
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Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
By ,C+L~
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Exhibit "B"
AMENDMENT NO.2 to CONTRACT NO. 03-005
,
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY/
SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND THE CITY OF SAN BERNARDINO
FOR THE
STATE STREET STORM DRAIN PROJECT
This Amendment No. 2 to SANBAG Contract No. 03-005 is entered into this 6th day of April,
2005, by the City of San Bernardino (hereinafter called CITY) and San Bernardino County
Transportation Authority/San Bernardino Associated Governments (hereinafter called
SANBAG ):
WITNESSETH:
WHEREAS, SANBAG and CITY are jointly participating in a storm drain project as part of the
210 Freeway construction project at State Street; and
WHEREAS, the start of construction on the project has been delayed and only recently has
started; and,
WHEREAS, the parties desire to amend the aforesaid contract to reflect the delayed construction
start date as it relates to the City of San Bernardino paying its share of contract costs over a time
period set forth in Contract No. 03-005 and amendment 1;
NOW, THEREFORE, the parties do mutually agree to amend paragraph 11 of Contract No. 03-
005 Amendment 1, effective the same date as Contract No. 03-005 to read as follows:
11, SANBAG shall be responsible for paying all contractor invoices. SANBAG shall invoice
the CITY for its share of the Project construction, utility relocation, and environmental
mitigation costs in six equal installments in April 2005, April 2006, April 2007, April
2008, April 2009, and April 2010. When project is complete, final adjustments will be
made for total Project construction, utility relocation, environmental mitigation and
change order costs and the remaining invoices will be adjusted accordingly. Any
unresolved contractor claims existing at the time of the April 2010 invoice will be
processed with a final invoice to CITY for its share of such costs upon resolution of any
such claims. The CITY shall reimburse SANBAG within 45 days after receipt of each of
SANBAG's invoices. The CITY shall be assessed no interest prior to June 30, 2007. As
of July 1, 2007, the CITY shall pay interest on any unpaid principal, compounded
Sanbagportal-11 Agreements and Resolutions-a0300502-das.doc
Page 10'2
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quarterly. The interest rate shall be based on the San Bernardino County Pool Quarterly
Interest Rate Factor.
Except as amended by this amendment, all other provisions of Contract No. 03-005 and its
A~ndment 1 remain in full force and effect.
IN WITNESS THEREOF, the authorized parties have below signed.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY:
By:5~ ~ -
Paul Biane, President
SANBAG Board of Directors
Date:
APPROVED AS TO FORM AND
PROCEDURE:
By: ~-G6-' ~,
-Rene Basle
SANBAG Counsel
Date:
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Sanbagportal-11 Agreements and Resolutions-a0300502-das.doc
CITY OF SAN BERNARDINO A
MUNICIPAL CORPORATION:
By:
Judith Valles, Mayor
Date:
ATTEST:
By:
CITY Clerk
Date:
APPROVED AS TO LEGAL FORM:
By, l)y~" ~
CITY A mey"
Date: ~ ~......-
Page 2 of 2
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M~ting 1M. (Date AdoJll""l' ~ I f{ OJ Item'
Vote: Ayes :;, Nays
Change to motion to amend original documents 0
/3
Resolution # J Of):i"'- ~ J--
Abstain Absent ~r ~ 7
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature: '.
Reso. Log Updated:
Seal Impressed:
v
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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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_
Yes No By_
Yes No By_
Copies Distributed to:
W Animal Control 0 EDA 0 Information Services 0
l:"
~1 City Administrator V Facilities 0 Parks & Recreation 0
City Attorney Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Water Department 0
Notes:
Date 1>1 jes
Ready to File: _
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
April 21, 2005
TO:
Mike Grubbs, Field Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution No. 2005-92
At the Mayor and Common Council meeting of April 18, 2005, theCity of San Bernardino
adopted Resolution No. 2005-92 - Resolution authorizing the execution of Amendment No. 2 to
Cooperative Agreement between the City of San Bernardino and the San Bernardino Associated
Governments (SANBAG) for State Street Storm Drain Project, Contract NO. 03-005.
Attached are a copy of Resolution No. 2005-92 and three (3) fully executed original agreements.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
Signed:
f the above mentioned documents.
I hereby ac
Date:
Please sign and return