HomeMy WebLinkAbout16-Development Service
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Date: April 15, 2002
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Subject: Resolution of the City of San
Bernardino authorizing the Mayor to
execute an agreement with Fourth Street
Rock Crusher for the design and
construction of the Phase 1B and III State
Street Improvements between 5th Street and
Arroyo Valley High School entrance and the
design and installation of a traffic signal at
the intersection of State Street and 5th Street.
Dept: Development Services
MCC Date: May 6, 2002
Synopsis of Previous Council Action:
12/4/2000 Authorized execution of an agreement with Fourth Street Rock Crusher and the San
Bernardino City Unified School District for the design and construction of the Phase I, State Street
improvement.
1/22/01 Authorized submittal of the State Street Extension Project application to SANBAG and
committing Local Match Funds for the Surface Transportation Program Funding cycle.
Recommended Motion:
I) That the City of San Bernardino authorize the Mayor to execute an agreement with Fourth Street
Rock for the design and construction of the Phase I B and III State Street improvements between 5th
Street and Arroyo Valley School entrance and the design and installation of a traffic signal at the
intersection of State Street and 5th Street; and
2) Adopt Resolution.
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Contact person:
Raymond A. Casey, Deputy Director
Phone:
5111
Supporting data attached: Reso/Map (Exhibit B)I Agreement Ward: 6
(Exhibit A)I Applic. (Exhibit C)
FUNDING REQUIREMENTS:
Amount:
None at this time
Source:
(Acct. No.) 129-367-5504-7123/7238
Acct. Description
State Street
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the City of San Bernardino authorizing the Mayor to execute an agreement with
Fourth Street Rock Crusher for the design and construction of the Phase lB and III State Street
Improvements between 5th Street and Arroyo Valley High School entrance and the design and
installation of a traffic signal at the intersection of State Street and 5th Street.
Background:
On December 4,2000, the Mayor and Common Council entered into an agreement with Fourth
Street Rock Crusher and the San Bernardino City Unified School District to construct Phase I of
State Street between Baseline and Arroyo Valley High School entrance. The construction of
Phase I has been completed and is open.
On January 22, 2001, the Mayor and Common Council authorized staff to submit a Surface
Transportation Program Fund (STP) grant application to SANBAG for Phases lBI and III of the
State Street extension project in the amount of $2,005,000. The required local match for this
grant was $674,000 of which $150,000 was to come from Fourth Street Rock Crusher. The
Phases lB and III State Street improvement project consists of two paved lanes, grading,
drainage improvements, and street lighting for the ultimate four lane improvements between 5th
Street and the Arroyo Valley High School entrance as well as a traffic signal at the intersection
of State Street (interim alignment) and 5th Street. Phase II consists of new road construction (2
lanes paved), widening, limited drainage improvements, and street lighting between Baseline and
16th Street. The City also received credit during the competitive project evaluation process for
the Phase I State Street improvements completed by Fourth Street Rock Crusher and participated
in by Fourth Street, the School District and the City. The City was later notified by SANBAG of
this grant approval and is therefore recommending approval of this agreement providing for that
participation.
The project is 90% designed and is currently undergoing the environmental review process.
Financial Impact:
Funding for the Phase lB and III State Street Project in the amount of $400,000 was approved in
the FY 2001102 Capital Improvement Program in Account No's. 129-367-5504-7123/7238 (Yz
cent Sales Tax - State Street).
Recommendation:
Staff recommends that the City of San Bernardino adopt a resolution, authorizing the Mayor to
execute an agreement with Fourth Street Rock for the design and construction of the Phase lB
and III State Street improvements between 5th St. and the Arroyo Valley High School entrance
and the design and installation of a traffic signal at the intersection of State Street and 5th Street;
and adopt resolution.
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RESOLUTIONc~ C ~.. ~J
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BER.l'\lARDINO AS FOLLOWS:
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MA YOR TO EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK
CRUSHER, A CALIFORi'l/IA CORPORATION, FOR THE DESIGN AND
CONSTRUCTION OF THE PHASE IB AND III STATE STREET IMPROVEMENTS
AND THE DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTIO,," OF STATE STREET AND FIFTH STREET.
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SECTIO,," 1. THAT THE MAYOR is authorized to execute an Agreement (see attached
Exhibit "A" and incorporated herein) with Fourth Street Rock Crusher for the design and
10 construction of the Phase IB and III State Street improvements and installation ofa traffic signal
11 at the intersection of State Street and Fifth Street. Such Agreement shall be effective only upon
12 being fully executed by all parties.
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16 obligated hereunder until the time of such full execution. No oral agreement, amendments.
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SECTION 2. This agreement and any amendment or modifications thereto shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution 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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RESOLUTION...AUTHORlZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A CALIFORt"IA
CORPORATION, FOR THE DESIGN AND CONSTRUCTION OF THE PHASE IB AND
III STATE STREET IMPROVEMENTS AND THE DESIGN AND INSTALLATION OF
A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND FIFTH
STREET.
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
, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
12 MC GINNIS
13
DERRY
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SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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Exhibit A
AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS
AND TRAFFIC SIGNAL - STATE STREET PHASE IB AND III
BETWEEN
THE CITY OF SAN BERJ"IARDINO AND FOURTH STREET ROCK CRUSHER
AGREEMENT
This Agreement is made and entered into on , 2002 by and between
the City of San Bernardino (hereinafter referred to as "the City") Fourth Street Rock Crusher a
California corporation (hereinafter referred to a "Fourth Street").
RECITALS
A. The City and Fourth Street have previously cooperated in Phase I improvements to State
Street between Base Line and the Arroyo Valley High School entrance approximately 600
feet south.
B. To improve safety for community residents, provide enhanced access to the high school, and
allow for economic development along this corridor, the City and Fourth Street contemplate
designing and installing road improvements commencing at Fifth Street, and continuing to
the north as a portion of State Street, more particularly shown on Exhibit "B" attached hereto
and made a part hereof. These "Phase I B and III" street improvements shall consist of two
paved lanes (including temporary redwood header and no sidewalk) and grading for the
ultimate improvements between Fifth Street and 600 feet south of Base Line (high school
entrance), as well as traffic control signals with safety lighting and handicap ramps at the
intersection of State Street and Fifth Street, collectively referred to as "the Project".
C. The City and Fourth Street desire to speGify the terms of participation in the cost to engineer,
acquire the right-of-way, and construct the Project.
AGREEMENT
The parties agree as follows:
1. Obligations of Fourth Street Rock
Fourth Street shall:
a. Pay $150,000 to the City upon start of construction of the Phase 1B and III of the
Project.
b. Reasonably cooperate with the City on the acquisition of right-of-way necessary to
complete the Phase 1B and III of the project.
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2.
Obligations of the Citv
The City shall:
a. At no additional cost to Fourth Street, have the plans and specifications prepared for
the Project, and provide utility identification and location, and all necessary
construction-engineering services, contract administration, right-of-way acquisition,
pennits, authorizations, and any other actions necessary to construct the Project.
b. To retain or cause to be retained for audit by the City or other governmental auditors
for period of three (3) years from the date of final payment by the City, all records
and accounts relating to the construction of the Project.
3. Standards for Construction.
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The construction of the Project will be pursuant to standard specifications for public
works construction, CALTRANS requirements, and the City's standards and
requirements.
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AGREEMENT to Construct Street Improvements and Traffic Signal-State Street Phase IB and
III.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the date written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Judith Valles, Mayor
City of San Bernardino
FOURTH STREET ROCK
BY:
Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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Exhibit C
CITY OF SAN BERNARDINO
Surface Transportation Project
APPLICATION
FOR
STATE STREET EXTENSION
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November 2000
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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: Raymond A. Casey Title:
Telephone Number. (909) 384-5111 Fax #:
E-Mail AddJess:Casey_ra@ci.san-bernardino.ca.us
City Engineer
(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 fIr. 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 Strppt Fxtpno;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 Sib 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 Sib Street at State Street, Rancho Avenue at Slate
Street, Base Line at State Street, and a future traffic signal at glh 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
Deve 1 opment Fees
$ 424,000.
,
$ 250,000.
$ 289,622.
* ~~ sales tax revenues
* This cost was previously incurred for the environmental
study and design.
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EXBmrr 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 Slh Street (FoothiIl 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 IA 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 ~ 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 850/. complete. The proposed interim alignment of State Street, until Phase 5
bridge monies can be identified, wiIl 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 Sib Street, and a Department of Water Resources easement/right-of-
way.
The preliminary engineering for Phases J 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 Sib Street. The two traffic signals at the proposed access
road to Sib Street, and Rancho Avenue at Sib Street will also be designed. The design also
includes guardrail and protective fencing, as weIl 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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EXHmIT A: PROJECT DESCRIPTION/SCOPE OF WORK
PART Z (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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EXHIBIT A: PROJECT DESCRIPTION/SCOPE OF WORK
PART 3 (E) Project Readiness:
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 of HNTB Corporation for
the portion of the roadway between its connection with Rancho Avenue and rjh Street.
State Street between 91h Street and ISIh Street, is being designed by City staff.
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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 perform an appraisal of the properties within the roadway
alignment between Rancho Avenue and rj" 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 200012001 Vz 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 I 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 $110,000.00. The staffs are recommending that the
funding for this signal come from the remaining balance of State Street and that the work
be completed in Phase I (A) of the project, prior to the opening ofthe new high school.
Subsequent to these discussions, a three-way agreement has been reached to design State
Street between Base Line and the high school entrance, 800' southerly of Base Line.
.. In conclusion, the engineering documents are nearly complete and the project should be
.. ready to construct in the I" halfof2001, after the permitting process is completed.
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EXHIBIT B: PROJECT BUDGET
(Return this page as part of your STP proposal)
Budget Summary Data: Please complete the following Table listing project costs by category and funding
source.
State Street Extension Project:
BUDGET FUNDING FUNDING
COMPONENT STP$ OTHER S OTHER S SOURCE(S)
ENVIRONMENTAl S 4,000.* S S J,t sales tax
DESIGN & ENGINEERING 80,000. $ 285,622.* S S '5t sales tax
ROWISITE ACaUISITION 569,000. S 74,650. S $
CONSTRUCTION 1,356,000. $ 599,350. S $
CAPITAL EaUIPMENT $ $ $
OTHER DIRECT COSTS S S $
(please specify below) S S $
2,005,000. S 963,622. b:'.' .,.....".., '.-
TOTAL COSTS $ $ - .:;;.,:....._."'........-_.;a...._~
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Is the Project Local Match Greater than or Equal to 11.47% of the Total Project Cost?
YES
X
a
NO
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If You Checked the 'NO' Box, Does Your Project Qualify for 100% STP Funding? 0 a
If You Checked Both "NO" Boxes, Please Refer to Section I.C.S. 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:ISTPC.IIVaIOO IO-abz.doc
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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 Delow or separate attached sheet a Milestone Schedule for
your proposed STP project. The schedule should include anticipated start and completion dales 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 CallranslFederal Transit Agency, and quarte~y
report submission to SAN BAG.
The format requirements for the Project Implementation Schedule are flexible. A template is provided
below:
,
PROJECT MILESTONE START DATE COMPLETION
Example: Task I Purchase Right oCWay... 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-oC-Way Processes A TP + 4 months A TP + 8 months
NotiCy Utilities oC Project Location - ATP + I month A TP + 2 months
Plan Approval by City Engineer ATP + 8 months A TP + 8 months
Progress Report to SANBAG ATP + 6 months A TP + 6 monlhs
Mayor and CC Approval to Advertise ATP + 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 CompletionlFinal Reports ATP + 17 months ATP+ 18 months
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San Bematdino County Transportation Commission
San Bernardino Count)' Transportation Awhorlty
San Bernardino County Congtstion Managemt!nt Agency
Sen'i,e Authorit)' for Fruway Emtrgencits
472 North Arrowhead Avenue. San Bernardino. California 92401.1421
(909) 88~.8Z76 FAX: (909) 885-4407
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May 6, 1998 oJ) -CD
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Mr. Michael Hays ,... ",0
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Acting Public Works Director I -"
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City of San Bernardino -=:-
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300 North D Street 5C "z
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San Bernardino, CA 92402 - >i
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Dear Mr. Hays: o~
Pursuant to Resolution No. 97-183 of the City of San Bernardino, this letter indicates concurrence
by the San Bernardino Associated Governments with the City's request to functionally classify the
currently unimproved section of State Street, from Foothill Boulevard to the vicinity of 15th Street,
as a Principal Arterial and part of the designated Federal Aid System within San Bernardino County.
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Please contact Lisa Poe of my staff at (909) 884-8276 if you need additional information regarding
this matter.
Sincerely, ( ~.
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Ty Schuiling
Director of Planning an Programming
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M\HA YS980S.TY
TN9837300
Citi~s of' Ad~lanto. Barstow. Big B~ar La/c~. Chino, Chino Hills. Colton. Fontana. Grand T~rrace. H~spuia. Highland, Wm4 Linda. Montcloir
N..dlts. Ontario. /fQncho Cucamonga. R.dlands. Riallo. San Btmardino, T...."..in. Palms. Upland. Victorvill., Yucoipa
Towns of: Appl. Volley. Yucca VolI.y County of San S.mardino
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Exhibit D
FOR nn: nUll:
Mark A. OIl."
GRESHAM, SA V AGE, NOLAN & TILDEN, LLP
A REGISTERED LIMITED LIABILITY PARTNERSHIP
LAWYERS-FOUNDED 1910
600 N. ARROWHEAD AVENUE. SUITE 300
SAN BERNARDINO. CAUFORNIA 92401~1148
(909) 884-2171. FACSIMILE (909) 188.2120
WlLLlAN~C"'I""
DONALDW.JONWI(......
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November 28, 2000
HAND DELIVERED
Mr. Raymond Casey
City Engineer
City of San Bernardino
300 North '.'0" Street
San Bernardino, California 92418
Re: The Burlington Northern And Santa Fe Railway Company
Dear Ray:
This letter is a follow up of our recent meeting regarding the City's State Street projcct
and the benefits it could have to BNSF's operations in the vicinity its San Bernardino Intcnnodal
facility. You asked whether BNSF would be willing to financially support thc effort md
suggested that monies previously paid by BNSF to signalize the intersection of Fourth Strcet md
Mount Vernon Avenue could be transferred to the State Street project.
Bob Brendza has asked me to let you know that BNSF is supportive of the State Street
project and would also support the transfer of funds from the Fourth Street/Mount Vernon
A venue signalization project, on the condition that the transfer of those funds would not delay
the signalization of that intersection.
Very truly yours,
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Mark A. Ostoich, of
GRESHAM, SAVAGE,
NOLAN & TILDEN, LLP
MAO:pmj
cc: Robert E. Brendza
N;\A378\oooILIrIC.sey. R.Ol.doc
!
Riverside Office. 3403 Tench Street, Suill: 518, Riverside, CA 92501. (909) 684-2171 . Fac:simile(909) 684~21S0
Vic:torville Office. 14JSO Civic: Drive. Suile 120, Vic:rorvillc, CA 92392. (760) 243-2889 . Facsimile (760) 24Jw0461
BNSF
.
ROBERT E. BRENDZA
Burlington Northern Santa Fe
740 East Camegie Drive
San Bemardino. CA 9240B
Exhibit D
Regional Director Industrial
Development
January 15,2001
File: San Bernardino, CA
Mr. Raymond Casey
City Engineer - City of San Bernardino
300 North" D" Street
San Bernardino, California 92418
Re: Fourth Street and Mount Vernon Avenue
Dear Mr. Casey:
This letter is a follow up to Mark Ostoich's November 28,2000 letter to you, a copy of
which is enclosed for your reference.
Since the date of that letter, we have discovered that the City's condition of approval
related to signalization of the intersection of Fourth Street and Mount Vernon A venue, provides
as follows:
"The City shall monitor the intersection and, upon a determination by the Director
of Public Works/City Engineer that Level of Service "E" has been reached, the
City shall install the signal. Santa Fe shall participate in the cost of the signal to
the extent of35% of the actual design and construction cost; however, Santa Fe's
obligation shall not exceed $40,000."
Since the City has not yet installed the signal, BNSF (the successor-in-iIlterest of the
Atchison, Topeka And Santa Fe Railway Company) has not yet been asked to make any
payment.
BNSF continues to be willing to financially support the City's State Street project and, at
the appropriate time, would agree to contribute to the City, for utilization in the State Street
project, the amount of money BNSF would have been required to contribute for the Fourth
Street/Mount Vernon Avenue signalization project.
As stated in Mark's November 28,2000 letter, BNSF;'s willingness to support the State
Street project is on the condition that the transfer of the Foilrth Street/Mount Vernon Avenue
signalization project funds would not delay or otherwise adversely affect the signalization of that
intersection.
Sincerely,
REBI
Enclosure
cc: Mark A. Ostoich, Esq.
~' /' <,.'
C'::-[d~/7"t:~ btli?'h#-/.~
obert E. Brendza /- .
1:/
BNSF.San Bernardino-O!
TRAFFIC SIGNALS AND UGHTlNG
T~fftc lien'"
1-1112
Figure 9-1
TRAFFIC SIGNAL WARRANTS
DATE
DATE
DIST
co
RTE
PM
CALC
CHK
Major 51: Critical Approach Speed mph
Minor 51: Critical Approach Speed mph
Critical speed of major street tralllc ~ 40 I1"flh - - - - - - - - - - - - - ~} RURAL (R)
In buin up area 01 isolaled corrvnunity 01 < 10,000 pop. _ _ _ _ _ _ _ _ _ 0
o URBAN (U)
100% SATISFIED YES 0 NO 0
80% SATISFIED YES 0 NO 0
WARRANT 1. Minimum Vehicular Volume
MINIMUM REQUIREMENTS
(110'% SHOWN IN IlRACKETS)
U R U R
APPROACH 1
LfoNES
Ilo1h Apprchs. SOO :ISO
Major S....t (400) (280)
Highest Apprc:h. 150 105
"'norSIrM! (120) (84)
2 or more
600 420
(480) (336)
200 140
(160) (112)
Hour
"'ARRANT 2 -Interruption of Continuous Traffic
1000'" SATISFIED YES 0 NO 0
80% SATISFIED YES 0 NO 0
MINIMUM REOUIREMENTS
(80% SHOWN IN BRACKETS)
U R U R
APPROACH 2 or more
LANES
Bclh Apprc:hs. 750 525 900
Major Sir"! (600) (420) (720)
Highest Apprc:h. 75 53 100
"'nor Sir"! (60) 42) (80)
Howr
WARRANT 3. Minimum Pedestrian Volume
100% SATISFIED YES 0 NO 0
REQUIREMENT FULFILLED
Pedestrian volume crossing the major street is 100 or more
lor each 01 any lour hours or :s 190 or more during anyone Yes 0 No 0
hour; Am2
There are less Ihan 60 gaps per hour in the major slreettra'. Yes 0 No 0
IIc Slream 01 adequate length lor pedestrians to cross; AMl2
The nearest traffic signal along the major street is grealer Yes 0 No b
than 300 leel; MiQ
The new traffic signal will not seriously disrupl progressive Yes 0 No 0
traffic 1I0w on the major street.
The saUslactlon 01 a warrant Is not nacessarlly Justlllcatlon lor I signal. Dalay. congestion. confusion or other
avldence 01 the need lor right-of-way assignment must be shown.
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\
GRESHAM, SA V AGE, NOLAN & TILDEN, LLP
A REGISTERED LIMITED LlABILlTY PARThlERSHIP
LAWYERS. FOUNDED 1910
FOR THE FIRM,
Mark A. Ostoicb
600 N. ARROWHEAD AVENUE, SUITE 300
SAN BERNARDINO. CALIFORNIA 92401-1148
(909) 884-2171 . FACSIMILE (909) 888-2120
WILLIAM GlJTHJUE (]!86-'941)
DONALD W. JORDAN ( ]907-1919)
JOHN B. LONER.GAN (REnuD 1976)
November 28, 2000
HAND DELIVERED
Mr. Raymond Casey
City Engineer
City of San Bernardino
300 North "D" Street
San Beniardino, California 92418
Re: The Burlington Northern And Santa Fe Railway Company
Dear Ray:
This letter is a follow up of our recent meeting regarding the City's State Street project
and the benefits it could have to BNSF's operations in the vicinity its San Bernardino Intermodal
facility. You asked whether BNSF would be willing to financially support the effort and
suggested that monies previously paid by BNSF to signalize the intersection of Fourth Street and
Mount Vernon Avenue could be transferred to the State Street project.
Bob Brendza has asked me to let you know that BNSF is supportive of the State Street
project and would also support the transfer of funds from the Fourth Street/Mount Vernon
Avenue signalization project, on the condition that the transfer of those funds would not delay
the signalization of that intersection.
Very truly yours,
~ ({).*r -I- ./
Mark A. Ostoich, of
GRESHAM, SAVAGE,
NOLAN & TILDEN, LLP
MAO:pmj
cc: Robert E. Brendza
N:\A3781000ILtr1Casey, R-Ol.d""
Riversidf\ Office. 3403 Tenth Street, Suite 518, Riverside, CA 92501 . (909) 684.2171 . Facsimile (909) 684-2l50
Victorville Office. 14350 Civic Drive, Suite 120, Victorville, CA 92392 II (760) 243.2889 . Facsimile (760) 243-0467
r
. u
" . I I
2
J
4
5
6
\,J'~.t' --"'~l
~ ". ~.'"k.>':l
,_v t:.
RESOLUTION NO. 2000-346
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A
CALIFORNIA CORPORATION, AND THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT FOR THE DESIGN AND CONSTRUCTION OF THE PHASE 1 ROAD
IMPROVEMENTS TO STATE STREET AND THE DESIGN AND INST ALLA TION OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND BASELINE
STREET.
..,
.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY I
OF SAN BERNARDINO AS FOLLOWS:
~'
"
SECTION 1. THAT THE MAYOR is authorized to execute the Agreement (See attached
9
Exhibit. A" and incorporated herein) with the Founh Street Rock Crusher and the San Bernardino
JO
11
City Unified School District for the design and construction of the Phase 1 road improvements to
State Street and installation of a traffic signal at the intersection of State Street and Baseline Street.
12
Such Agreement shall be effective only upon being fully executed by all parties.
13
i SECTION 2. This agreement and any amendment or modifications thereto shall not take
! 4 ~ errecl or bec::>me operati~e until fu1ly signed and executed by the panics and no pany shall be
,~ I'
,. I
. U:.b;igated hereunder until the time of such fu1l execution. No oral agreements, amendments.
:: I :"nodifications or waivers are intended or authorized and shall not be implied from any act or course 'II
I. ,. u
of conduct of any party.
IS' .
SECTION 3. This resolution is rescinded if the panies to the Agreement fail to execute it
19
within sixty (60) days of the passage of this resolution.
20
1/1
."
~. I , "
. "
21
1/1
.,.,
~-'
1/1
24 j!
II 'it
25 ~
26 ~ III
i III
27
1/1
28
f:~."!GI~'~1
I
'.
RESOLUTION NO. 2000-346
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A
CALIFORNIA CORPORATION, AND THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT FOR THE DESIGN AND CONSTRUCTION OF THE PHASE 1 ROAD
IMPROVEMENTS TO STATE STREET AND THE DESIGN AND INSTALLATION OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND BASELINE
STREET.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a Joint Regular meeting thereof held on the
4th day of December . 20_. by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
, ANDERSON
MCCAMMACK
x
-
-L-
~
~ -
X -
~ -
X
JilY! if. I "LJ1.fd,iKl', D{futol
City Clerk ' (]
2000.
The foregoing resolution is hereby approved this 5 th
day of December
Approved as to
Form and Legal Content:
JAMES F. PENMAN
City Attorney
I'
il .
, (~ . ~-
'. .Ce.-{.2~_-
JUDrrn VALLES, Mayor
,/ City of San Bernardino
I \
..----.-.
O ~ ~ . ~ '6-c'~' ~/~
By: ..'to c. "I ~ ee.-. (... .. . ~:..J
-' .
; "pi....
~9/'
HElca('lalcstrcs)
2
......... . "VVV ,,,., "VI. 1"'C..'u,nv. ;.IIII~'U";;JO r t.
.' I ,~"\' ~'OOO-3" -
t ~ ~ ~\/t~1; ~\f\ PHASE I . ORIGINAL
.I /Il !\fV AGREEMENT TO CONSTRUCT STREET lMPROVEMENl'S
\111 \ \ r'l AND TRAFFIC SIGNAL
t BETWEEN
THE CITY OF SAN BERNARDINO, FOURTH SnEET ROCK CRUSHER
AND THE BERNARDINO UNIFIED SCHOOL DISTRICT
AGREEMENT
This Agreement is made and entered into on December ---' 2000 by and between the
City of San Bernardino (hereinaner ~ferred to as "the City"), Fourth Street Rock CrUsher, a
California COIpOration (hereinafter rctened to as "Fourth Street"), and San Bernardino City
Unified School District (b~inaftcr Rferred to as "the District").
REcrrALS
A. To improve the safety of Arroyo Valley High School (hereinafter referred to as the "High
School"), students and wmmunity RSidcnls, provide primary access to the new high school
facility, and allow for development along this corridor, the City and Fourth Street contemplate
designing and inslalling road improvements commencing at Baseline Slrl:ct, and COJIStructed to
the south as a portion of Slate Street, more particularly shown on Exhibit MA", auached hen:lo
and nwIc . part hereof. The street improvements shall coDSist of four paved lanes (including
curb and gutter and no sidewaIle) of approximately six hundred feet to thc south of Basc1inc
("Slreellmpruvement"), as _11 as traffic control signals with safety lighting and handicap nmps
at the intersection of said State Street and Baseline Street, collectively rcfened to as "the
Project".
B. The City, Fourth Street, and the District dcsi~ to specifY the terms of participation in the
cost to engineer, acquire the right of way, ~ coqstruct the Project.
AGREEMENi
The parties a~ as follows:
1. Oblintions ofFourtb Street Rock. Fourth Street shall:
a. COn5lruct, within the time as provided in this Agreement, the Street
Improvements ("State Street") commencing at Baseline Street, San Bema.n1ino, and continuing
south approximately six hundred (600) feet to the west end of the cntranc:c road to the High
School, as mOR specifically shown in Exhibit" A n, attached hcn:lo and made a part heROf.
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2000-346
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b. Subjec;t to thc satisfaction of the obligations of the City, cause the construction of
a traffic ambol signal ("Traffic Control Signalj at the comer olBasdine Streel and Slate .Sln:et.
e. To retain or cause to be retained tor audit by the City or other governmental
auditors for a pcnod of three (3) years from the date of lina1 payment by the City, all rec;ords and
accounts relating to the construction of the Project.
d. Provide the City with executed right-of-way documents nccessa%)' for the City to
accept State Street improvements, at no cost to the City. .
2.
OblilZatioDS ofthc City.
The City shall:
a. Provide to Fourth Street, at no cost to Fourth Street, thc plans and specifications
for the Tr..ftic Conuol Signal, and utility identification and location, IIIId all nec;essary
coostructiori' engineering services, pc:m1its. authorizations, and any other necessary actions in
order to construct the Project.
b. Reimburse Fourth Stn:et tor the entire cost of the coDSlruction of the Traffic
Control Signal.
c. ReimbllISC f'ourth Street for the total cost of the consln1ction of the Street
Improvements, less the smn ofFnrty Five Thousand Dollars ($45,000.00), plus engineering fees
incwred by Fourth Street tor Phase 1). The total cost of constrw:tion shall not exceed One
&lDlclred Eighty Thousand Dollars ($180,000.00).
d. Waive all Projec;t fees, inCluding, but Dot limited to, application, inspection or
permit fees for the completion of the Project.
e. Bill and collect from the District, on or before March 1,2001, and pay to Fourth
Slreel immediately upon receipt, the District's sbarc of the cOStS of the Projecl, as provided
herein.
f. Upon completion of the Project, pay Fourth Street the balance ofrcimbursemcnts
as provided herein, including the reimbursement to be paid by the District.
g. Fourth Street sball be reirnb\D'Sed by the City for the total cost of the Project in
excess oCthe contribution by Fourth Street, upon completion of Phase J.
3. OblilZstions of the District. Tbe District shall:
a. Within forty-five (45) da}'S of billing. pay to the City the sum of Thirty Six
Thousand DoJl~ ($36.000.00), as the District's share oC the contribution towards the
construction of the project This represents the District's total share of the cost of the
conatruction of the Project
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2000-346
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b. Within forty-five (45) days of billing, pay to the City the sum of Fony.Five
Thousand Dollm (545,000.00). as their contribution towards thc construction of the: Traffic
ConlrOl Signal. This rcpl'CSc:IIlS the: Districts total share of the: cost of the Traffic; Control Signal.
4. ComDletion Date. Fourth S1rcct Rock shall complete the construction of thc Project
no later than April I, 2001. Any delays eaoused by the failure of the City to timely perfOIDl its
obligations, shaJ] extend the completion date by the amount of delay caused by the City.
S. Schedule of Con5fnlction. The Project schedule shall be as follows:
a. The City shall review and grant all necessary City permits, and taIce all nCCC$Sary
action to approve this Project, and to allow Fourth S~t to procc:cd with the construction oethe
Project no later than December IS. 2000, ao long DS..the plans for the Projcc;t are resubmitted to
City on or before December S, 2000 and substantially COnfolDl to the plan check requimncntl of
the City as p~ously returned to Associated Engineers,Inc.
h. Fourth Street shall commence construction of the Project no later than two weeks
aftcr the approval of the Project by the City and the granting of all necesSll)' permits and
approvals by any governmental .W' \~ ~ ~
c. By January K"r~()1, Founh Street shall completc the street grading and all
materials and contracts shall ha;~ ~~ F{\nh Street to construct the Project.
d. By February K 2001, City shall complete all ncccssll)' underground worlt to bc
completed by the City (including the: City Water Department), If any, Project improvcmc:nt plans
arc approved by the City Engineer, Il1d all materials and contracts have been issued by Fourth
Street to construct the Street ~vc:ments.
Co By March)(iOol, ~~)~ shall complete all paving, concrete and finish
grading.
r. By April I, 2001, Fourth Street shall complete the installation of the Traffic
Control Signal, and all Street Improvements, waiting final approval by the: City.
6. Shon"vd for Construction. The construction of the Project will be p\llS1lant to staDdard
specifications for public wow construction, CaIT:rans rcquircmc:nts, and the City's standards and
requirements.
7. Prevailing Wal!c and BiddinlL The City agrees that Fourth Street is not required to
pay prevailing wage:, or comply with any bidding requirements that would be: required if the City
was constnJcting the Project
8. Cost of Construction. The cost of construction shall be the aclUal cost oflhe construction
of the Project Any co~ incurred by Fourth Street shall not exceed the cost to perform the:
similar service, or provide any product by a company not afJi)jatcd with Fourth Street. At the
completion of the Project, Fourth Street shall provide to the City and the District the: records that
3
FROM
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2000 lU6/ST. 14:03/NO. 5111346363 P 6
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2000-346
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demonstrate the actual cost of conslruction. An ubitrator as provided in this Agreement Shall
dctcnninc any dispute concerning the costs of consttuctioo.
9. TcmDOrarv Access Road. It the Project is 1I0t in substantial compliance with the
Schedule IS provide in this Agrcc:mQ1t by Man:h I, 2001, as defined in paragraph S (e) of this
Agreemenr. then the District may elect to construct a temporary access as shown on Exhibit "A".
10. DisPute Resolution - ArbitmtiQ.!!.
a. All claiM$, disputes and other matters in controversy (a "dispute") arising directly
Of indirectly out of or related to this Agreement. or the breach thereot; whether contractual or
noncontrolctual. and whether during the tcnn or after the termination of this Apcment, shall be
resolved exclusively according to the procedures set forth in this Section.
b._ Any dispute shall be tcsolved by arbitration in the City of San Bernardino,
California, administered by the AmeriCIII Arbitration Association under its Commercial
Arbitration Rules in effect at the time of the dispute, by a single ubitrator. The arbitrator sba11
base the award on applicable law and judicial precedent and, unless both parties agree otherwise,
shall include in suc:h award the findings of fact and conelusiOllS of law upon which the lIWII'd is
based. Judgment on the award rendered by the ubitrator may be entered in 8IIY court having
jurisdiction thereof:
c. All applicable statutes of limitations 8IId defenses based upon the pauage ortime
shall be tolled while the procedures speeified in this Section ~ pending. The parties will talce
such action, if any, Rquin:d to effectuate such tolling.
IN WITNESS WHEREOF, said plUties have caused this Agrcemeat to be officially executed and
attested by their duly constituted officers.
SAN BERNARDINO C11Y UNIFIED SCHOOLDISTRIcr
APPROVED AS TO FORM: ..
District's Counsel: \.,,~~ \.-. ~~. .__ By:
U..~{'D..,.,ftc..
. 1~.1"--
Approved: ~/( ,:;j,c1l''''' Attest:
IS dino City Unified
- School District
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(FRI)12 1 2000 .'4:06/ST. 14:03/NO. 5111346363 P 5
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2000-346
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CITY OF SAN BERNARDINO
APPROVED AS TO FORM AND LEGAL CONTBNT:
i2l~t;;.... 6 ~et-.. C C,' ~~
lames F. J'emn....., City Attomcy
City or Sm Bernardino
e:;j.~ .A!j;:'/~ ..."'-~ '"
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Approved: \ -{..- U:..~
ludi~V Ma)'lX',
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Attest Ko..Q)uJ ~f{Ltk-,
Rachel Clark City Cleric
~ ~Ctllrilc._rtW{iiIJC~ Depatd-
FOURTIl STREET ROCIC CRUSHER
BY:
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EXIIIBlT "A- ~
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH FOURTH STREET ROCK
CRUSHER, A CALIFORNIA CORPORATION, FOR THE DESIGN AND
CONSTRUCTION OF THE PHASE 1B AND III STATE STREET IMPROVEMENTS
AND THE DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL AT THE
TERSECTION OF STATE STREET AND FIFTH STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SA BERNARDINO AS FOLLOWS:
SE~N 1. THAT THE MAYOR is authorized to execute an Agreement (see attached
6
7
8
9 Exhibit "A" and
corporated herein) with Fourth Street Rock Crusher for the design and
10 construction of the Phas 18 and III State Street improvements and installation ofa traffic signal
at the intersection of State\~lt,~et and Fifth Street. Such Agreement shall be effective only upon
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12 being fully executed by all partie~
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13
SECTION 2. This agreeme t and any amendment or modifications thereto shall not take
14
effect or become operative until fully igned and executed by the parties and no party shall be
15
16 obligated hereunder until the time of s \ h full execution. No oral agreement, amendments,
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17 modifications or waivers are intended or ~thorized and shall not be implied from any act or
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18 f d f \\
course 0 con uct 0 any party.
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19 SECTION 3. This resolution is rescinde'd if the parties to the Agreement fail to execute
20
it within sixty (60) days of the passage of this resolution.
21
22
23 III
24 III
III
25 III
26 III
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28
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RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AN
1 AGREE~~ WITH FOURTH STREET ROCK CRUSHER, A CALIFORNIA
2 CORPORA ON, FOR THE DESIGN AND CONSTRUCTION OF THE PHASE IB AND
III STAlE S REET IMPROVEMENTS AND THE DESIGN AND INSTALLATION OF
3 A TRAFFIC SIGNAL AT THE INTERSECTION OF STATE STREET AND FIFTH
STREET.
4
5
6
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting thereof, held on the
Common Council of the City of San Bernardino at a
8 day of
9 Council Members:
, 2002, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
10 ESTRADA
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12
13
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MC GINNIS
DERRY
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SUAREZ
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16 ANDERSON
t 7 MC CAMMACK
18
19
20
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CitY Clerk
,2002.
day of
The foregoing resolution is hereby approved this i
21
22
23
24 Approved as to
form and legal content:
25
26
Judith 'Calles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
27
By:
28
- 2 -
Exhibit A
AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS
AND TRAF?NAL - STATE STREET PHASE IB AND III
/ BETWEEN
I
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THE CITY OF S4,N BERNARDINO AND FOURTH STREET ROCK CRUSHER
,
"
This Agreement is made add'-e{ltered into on , 2002 by and between the City of San
Bernardino (hereinafter referred'lo';(ls "the City") Fourth Street Rock Crusher a California
corporation (hereinafter referred to a "F'OlJrth Street").
"~I
AGREEMENT
"
"~I,
"
RECITALS
"""-.
A. The City and Fourth Street have previously co~,~ated in Phase I improvements to State
Street between Base Line and the Arroyo Valley Hi~ School entrance approximately 600
feet south. '
B. To improve safety for community residents, provide enhanced access to the high school, and
allow for economic development along this corridor, the City ~d Fourth Street contemplate
designing and installing road improvements commencing at Fif\h Street, and continuing to
the north as a portion of State Street, more particularly shown on 'E,xhibit "8" attached hereto
and made a part hereof. These "Phase 18 and III" street improve~ents shall consist of two
paved lanes (including temporary redwood header and no sidew~k) and grading for the
ultimate improvements between Fifth Street and 600 feet south of '!3ase Line (high school
entrance), as well as traffic control signals with safety lighting and\handicap ramps at the
intersection of State Street and Fifth Street, collectively referred to as '\the Project".
i
C. The City and Fourth Street desire to specify the terms of participation 1n the cost to engineer,
acquire the right-of-way, and construct the Project i
,
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AGREEMENT
The parties agree as follows:
1.
Obligations of Fourth Street Rock
Fourth Street shall:
a. Pay $150,000 to the City upon start of construction of the Phase 18 and III of the
State Street Improvement Project
b. Reasonably cooperate with the City on the acquisition of right-of-way necessary to
complete the Phase 18 and III street improvements,
-1-
2. Obligations ofthe City
The City shall:
a. At no additional cost to Fourth Street, have the plans and specifications prepared for
the Street Improvements and Traffic Control Signal, utility identification and
location, and all necessary construction-engineering services, contract administration,
right-of-way acquisition, permits, authorizations, and any other actions necessary to
construct the Project.
b. Construct within the time ftllrne as provided in this Agreement, the Street
Improvements ("State Street") commencing at Fifth Street, San Bernardino, and
continuing north approximately to the west end of the entrance road to the high
school, as more specifically shown in Ex4ibit "B", attached hereto and made a part
hereof. .
c. To retain or cause to be retained for audit by the City or other governmental auditors
for period of three (3) years from the date of final payment by the City, all records
and accounts relating to the construction of the Project.
3. Standards for Construction.
The construction of the Project will be pursuant to standard 'specifications for public
works construction, CALTRANS requirements, and the "City's standards and
requirements.
4. Dispute Resolution - Arbitration.
,
I
a. All claims, disputes and other matters in controversy (a "dispule") arising directly or
indirectly out of or related to this Agreement, or the br~ch thereof, whether
contractual or non-contractual, and whether during the term or alfter the termination of
this Agreement, shall be resolved exclusively according to the frocedures set forth in
this Section. t
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b. Any dispute shall be resolved by arbitration in the City of San ~rnardino, California,
administered by the American Arbitration Association u der its Commercial
Arbitration Rules in effect at the time of the dispute, by a ingle arbitrator. The
arbitrator shall base the award on applicable law and judicial recedent and, unless
both parties agree otherwise, shall include in such award the\ findings of fact and
conclusions of law upon which the award is based. Judgment 01,1 the award rendered
by the arbitrator may be entered in any court having jurisdiction thereof.
c. All applicable statues oflimitations and defenses based upon the passage of time shall
be tolled while the procedures specified in this Section are pending. The parties will
take such action, if any, required to effectuate such tolling.
2
AGREEMENT FOR Professional Services with Fourth Street Rock.
IN WITNESS WHEREOF, tht: parties hereto have caused this Agreement to be executed
on the date written above by their qu(y authorized officers on their behalf.
/
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ATTEST:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Judith Valles, Mayor
City of San Bernardino
FOURTH STREET ROCK
BY:
Si~nature
NAME:
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TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:
/11
III
3
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May 13, 2002
H. Norman Johnson, Jr.
Fourth Street Rock Crusher
1945 W. Fourth Street
San Bernardino, CA 92411
Dear Mr. Johnson,
At the Mayor and Common Council meeting of May 6, 2002, the City of San Bernardino
adopted Resolution 2002-131 - Resolution authorizing the Mayor to execute an agreement with
Fourth Street Rock Crusher for the design and construction of the Phase lB and III State Street
improvements and the design and installation of a traffic signal at the intersection of State Street
and Fifth Street.
Enclosed is one (I) original agreement. Please sign in the appropriate locations and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by July 5, 2002.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
Michelle Taylor
Senior Secretary
Enclosure
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".('SKt.O
FOURTH STREET ROCK
May 21, 2002
City of San Bernardino
Office of the City Clerk
Attn: Ms. Michelle Taylor
P.O. Box 1318
San Bernardino, CA 92402
RE: Agreements
Dear Ms. Taylor:
Enclosed please find the two agreements, sent by your office, signed by me on
behalf of Fourth Street Rock Crusher. You may want to update the City files; my
father, H. Norman Johnson, Jr., passed away September 21, 2001. In the future,
you may send correspondence to Ewald O. Burmeister, President, Darlene M.
Rogers, CFO/Controller and/or me.
Fourth Street Rock Crusher looks forward to continued collaborative efforts with
the City of San Bernardino. If you have any questions, do not hesitate to contact
me.
Sincerely,
FOURTH STREET ROCK CRUSHER
c~n~~
Chief Executive Officer
Enclosures
CJB/s
P.O. BOX 6490 . SAN BERNARDINO, CALIFORNIA 92412 (909) 885-6866 FAX (909) 888-9851
r
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 22, 2002
TO:
Raymond Casey, Deputy Director/City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-131 - Fourth Street Rock Crusher
CC:
Finance
Attached is a fully executed copy of the agreement with Fourth Street Rock Crusher for the
design and construction of the Phase IB and III State Street improvements, and the design and
installation of a traffic signal at the intersection of State Street and Fifth Street. The original
agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
, Meeting Date (Date Adopted): 5, -(,-0 g. Item # I \0 Resolution #
Vote: Ayes /-.)1'-/ ,S) 'J Nays ki Abstain Co
Change to motion to amend original documents: -
~oo d --e I
Absent -3
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: (,,(j DA-J's' J f)-S-O.:l
By: -
Date Sent to Mayor: 5 - I) -0 ~
Date of Mayor's Signature: 5 - 8' --Dbl
Date of Clerk/CDC Signature: 5 ~ -0;;"
Reso. Log Updated:
Seal Impressed:
./
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Date MemolLetter Sent for Signature: /5 - ( .3 -0 .9-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ./ Date Returned: ..5 -;;J. I-a ~
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Yes ,/
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Perso,nnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No -L By
No -L By
No -4 By
No J/ By
Copies Distributed to:
City Attorney II Code Compliance
Dev. Services X- EDA
Finance
MIS
Parks & Rec.
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 to File: ...fr:I:l::-
Date:5-,;1.1-07
Revised 01112/01