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HomeMy WebLinkAbout17-Development Services f," CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Authorization to amend the Fiscal Year 2001/02 budget to reflect $81,000 in revenue (and associated expense) received from the San Bernardino Unified School District and adopt resolution authorizing the Mayor to execute Amendment No.1 to agreement with Fourth Street Rock Crusher and the San Bernardino City Unified School District for the design and construction of the Phase I Road Improvements to State Street and the design and installation of a traffic signal at the intersection of State Street and Baseline Street Dept: Development Servicr) r ,- " A' 11 L . V/j,~IIVM Date: Apnl 24, 2002 MCC Date: May 6, 2002 Synopsis of Previous Council Action: 1/10/2000 - Mayor and Common Council directed the City Attorney's office prepare a draft Memorandum of " Understanding among Fourth Street Rock, San Bernardino City Unified School District, and the City for the design and construction of Phase I of State Street between Baseline Street and the new High School entrance. 10/16/2000 - Continue to Mayor and Common Council meeting of November 20,2000. 11/20/2000 - Continue to Mayor and Common Council meeting of December 4, 2000. 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 Road Improvements to State Street Recommended Motion: 1) That the Mayor and Common Council authorize the Finance Director to amend the Fiscal Year 2001/02 budget to reflect $81,000 in revenue (and associated expense) received from the San Bernardino Unified School District and; 2) Adopt resolution. ~J / ;{/?4 L. JF James Funk} I Contact person: Raymond Casey, Deputy Director Phone: 5111 Supporting data attached: Reso/Map/Agreement/Applic. Ward: 6 Attachment FUNDING REQUIREMENTS: Amount: $ 148,061.41 (expense) $ 81,000 (revenue) Source: (Acct. No.) 129-367-5504-7060 and 129-000-4945 State Street Project, and Reimbursement Street Construction Finance: ~k~~ S)II/Du- , No. J7 Acct. Description IMPORTANT NOTE - RESOLUTION 2002-132 is null and void because it was not executed within the time specified. Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Authorization to amend the Fiscal Year 2001102 budget to reflect $81,000 in revenue (and associated expense) received from the San Bernardino Unified School District and adopt resolution authorizing the Mayor to execute Amendment No. 1 to agreement with Fourth Street Rock Crusher and the San Bernardino City Unified School District for the design and construction of the Phase I Road Improvements to State Street and the design and installation of a traffic signal at the intersection of State Street and Baseline Street. Background: On December 4, 2000, the City 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 Street and Arroyo Valley High School. Phase I includes street improvements consisting of four lanes of paving, curb, and gutter between Baseline and the entrance to the new Arroyo Valley High School as well as traffic signal improvements at the intersection of Baseline and State Street. During the construction of the project, Fourth Street Rock encountered additional requirements by the U.S. Army Corp. of Engineer for flood control access, slope protection to existing flood control facilities, and additional pavement materials primarily on the Fourth Street Rock Crusher side of the project. The construction of Phase I was completed and the road was open for operation. Subsequently, staff has been reviewing project costs, with Fourth Street Rock Crusher resulting in this request. Financial Impact: Funding for the City's share of the Phase I State Street Project in the amount of $204,000 was allocated for this project and approved in the FY 2001102 Capital Improvement Program Fund. This budget was established in several accounts including several "carryover" accounts from last fiscal year Account No. 129-367-5504-7059 and Account No. 129-367-5504-7060 (State Street) in the FY 2001/02 Budget. Staff is recommending increasing the amount allocated for the City's share of this project from $204,000 to $285,000 with a corresponding increase in revenue Account No. 129-000- 4945 (Reimbursement Street Construct) of $81 ,000. Recommendation: That the Mayor and Common Council authorize the Finance Director to amend the Fiscal Year 2001102 budget to reflect $81,000 received from the School Distict and execute Amendment No.1 to agreement with Fourth Street Rock increasing the City's share by $67,060.41; and adopt resolution. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Authorization to amend the Fiscal Year 2001/02 budget to reflect $81,000 in revenue (and associated expense) received from the San Bernardino Unified School District and adopt resolution authorizing the Mayor to execute Amendment No.1 to agreement with Fourth Street Rock Crusher and the San Bernardino City Unified School District for the design and construction of the Phase I Road Improvements to State Street and the design and installation of a traffic signal at the intersection of State Street and Baseline Street Dept: Development Services Date: April 24, 2002 MCC Date: May 6, 2002 Synopsis of Previous Council Action: 1/10/2000 - Mayor and Common Council directed the City Attorney's office prepare a draft Memorandum of Understanding among Fourth Street Rock, San Bernardino City Unified School District, and the City for the design and construction of Phase I of State Street between Baseline Street and the new High School entrance. 10/16/2000 - Continue to Mayor and Common Council meeting of November 20, 2000. 11/2012000 - Continue to Mayor and Common Council meeting of December 4,2000. 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 Road Improvements to State Street Recommended Motion: I) That the Mayor and Common Council authorize the Finance Director to amend the Fiscal Year 2001102 budget to reflect $81,000 in revenue (and associated expense) received from the San Bernardino Unified School District and; .11 2) Ad",=].tioo. /P'j"A '" h/ TP James Funk Contact person: Raymond Casey, Deputy Director Phone: 5111 Supporting data attached: ResolMap (Exhibit B) Ward: 6 Arndt. to Agreement.(Exhibit A) Applic. ( Exhibit C) FUNDING REQUIREMENTS: Amount: $ 148,061.41 (expense) $ 81,000 (revenue) Source: (Acct. No.) 129-367-5504-7060 and 129-000-4945 Acct. Description State Street Project, and Reimbursement Street Construction Finance: Council Notes: Agenda Item No. '. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Authorization to amend the Fiscal Year 2001/02 budget to reflect $81,000 in revenue (and associated expense) received from the San Bernardino Unified School District and adopt resolution authorizing the Mayor to execute Amendment No. I to agreement with Fourth Street Rock Crusher and the San Bernardino City Unified School District for the design and construction of the Phase I Road Improvements to State Street and the design and installation of a traffic signal at the intersection of State Street and Baseline Street. Background: On December 4, 2000, the City 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 Street and Arroyo Valley High School. Phase I includes street improvements consisting of four lanes of paving, curb, and gutter between Baseline and the entrance to the new Arroyo Valley High School as well as traffic signal improvements at the intersection of Baseline and State Street. During the construction of the project, Fourth Street Rock encountered additional requirements by the U.S. Army Corp. of Engineer for flood control access, slope protection to existing flood control facilities, and additional pavement materials primarily on the Fourth Street Rock Crusher side of the project. The construction of Phase I was completed and the road was open for operation. Subsequently, staff has been reviewing project costs, with Fourth Street Rock Crusher resulting in this request. Financial Impact: Funding for the City's share of the Phase I State Street Project in the amount of $204,000 was allocated for this project and approved in the FY 2001/02 Capital Improvement Program Fund. This budget was established in several accounts including several "carryover" accounts from last fiscal year Account No. 129-367-5504-7059 and Account No. 129-367-5504-7060 (State Street) in the FY 2001/02 Budget. Staff is recommending increasing the amount allocated for the City's share of this project from $204,000 to $285,000 with a corresponding increase in revenue Account No. 129-000- 4945 (Reimbursement Street Construct) of$81,000. Recommendation: That the Mayor and Common Council authorize the Finance Director to amend the Fiscal Year 2001/02 budget to reflect $81,000 received from the School Distict and execute Amendment No. I to agreement with Fourth Street Rock increasing the City's share by $67,060.41; and adopt resolution. ~ - .~ ~ Exhibit B ~-- ~ .... . t.:l - - t -=: ~.. ~ ..~ ~ aQ 0::'" '" :::-0:: ~ ! -~ \ ~ ....... ...... If: , , ~ <qc , ~ - ~;..: ~ ~~ 0::_ :::'" ~ .... ~ ~ I: """4 \.).~ ~ ~ ~-= " .g ~ ~ ...... ~ "<q ~ ..C) ~ 8s c.;; a--- ~ ~ ~ \0 .~ ~ ~ ~ ~~ ~ c~ ~ . '1j -- -.. .... I ~~ ~ ~~ ~ ~~ -S ~ - O\~ ~ t \j~ ~ -.. c.;; ..- .. _. t:: ~;::s ~ ~-4' E5 ~ ,.---C ....; ~ . .~ !- ~t; ~ --:- r:q]- ~ ~ d ~ c"j CU f-, ~ h ~~ ~ 0 .~ ~ <: ~~ ~ ~ ~ - ~) .\ ' i-- .. ~ ~ , e \ ~ i t ..... ~ -s...., \ i \1 i I , " b~~ "I , ~ 0, '" \ i ! Vj ~ \ \ ~ ~ , a ''If: , o~ ~ \ -I ' "... ~ () \ . , ~ -j .~ ~ \ i U \.)Q ~ . \ .E \ s: i \ ) ~ ~ -s ... s.,.. Ir)~ -~ ~..:! ~ E: Coo)u -0::8 ~..!; ~ If:- ~ ~ ~ ~ ..;~ "'" 0-0:: '" -0:: - .., utr; t:s ~slf: I Exhibit C CITY OF SAN BERNARDINO Surface Transportation Project APPLICATION FOR STATE STREET EXTENSION " -, ;'" ~._~ -1-"~'- C~ - -'C" , '~'..:f , ~ i n, -'0._ ..,r _..r. < ~ '. . ,~,..,/:~t~, ,': /,....:.~..." " : "'?, ,--,~~ '-I ' .. .~T...~-; ~ . '. '~~~;11:L;;'~l t~...~k:&. . . ..",;\+J.~ I / .;---. '. ,..,~_.. '-'-'~"-'q" j' .~, . i! L.....J:",&t:1C ~ :i :1 ' ;- ~~.. "r'l.',~i'-,-, ('~. ~ '\ :"'. 1 i' ",'t ",,;.'.c.__ ..-~~ ---) \ "~i '.iLrt_ - ~~' ~:~ ~~!~ .~~.~~__ < 'II . . ,,' . "" . ~'':\ -~;'^ , ....'~\ -,./\:1 .. . . .. w.........-ioIt ~ . .' '''.''''j. . :!'Mt-'l . s.~ fu',,, :...~ ,~-- ~ "'L.~}~=f' ~~r'~~' l=l irr" ~"t:,:1 ....d 1; 7 ';" ~ , '" - --.'-7"- , ~1'1....J ,,'.I!f ._,,_~~"-!h__1 I" .,.... . .. 't'""T-.iJ Ill! 1 :'_;"?I ,~,'I_.P'Y-""",'--'--'- " ......--tf. .: <,. .f 1~...<~ . :_.i-_;; , _-.;;1 ~L,\=..,.-r" "1 ..., -1....:...-~ .~ I ./-' _,4' ,..1..,.- ." r. I I , ~..;;ro.~. ..J .*, \ /",., ;'.~-'""\ ._~_.:. , ~ :::,::::,': ",.. ", t~E~\ i t~j;;_/ / November 2000 TE:~.! I 'sW,:,IOC'I' TrtI"~"orr.J"OIl "~rJItI FY9'IP'.Fr01JOJ CalljOr P'o."CII'II I~ Jo.;,.~,. .."Of: EXHIBIT A: PROPOSER AND PROJECT INFORMATION (Rerum 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': Casey ra@ci.san-bernardino.ca.us City Engineer (909) 384-5155 E-Mail AddJess: If Joint Proposal or PublicIPrivate Partnership, Include Partner(s) Agency Name, Contact Person, and Telephone Number: Fourth Street Rock Crusher c/o flr. 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: Stat!. 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 II four- lane roadway with new traffic signals at S. Street at State Street, Rancho Avenue at State Street, Base Line at State Street, and a future traffic signal at rjI' 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 Development Fees $ 424,000. $ 250,odo. $ 289,622. * ~~ sales tax revenues * This cost was previously incurred for the environment~l study and design. O:\STPCan v 1100 IO-lbz.doc 11 ;7 ~ ~ ~ EXBmrr A: PROJECT DESCRIPTION/SCOPE OF WORK PART I STATE STREET EXTENSION PROJECT The State Street Extension Project is a six (6) phased plan for the ultimate construction of Rancho Avenue, south of Sill Street (Foothill Blvd.) northerly to the present terminus of State Street at 16m Street. State Street is designed to be a four lane principal arterial with cOMections to Interstate 10 at Rancho Avenue and to. Interstate 21S 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 I A roadway work, S, and 6. City staff is designing Phases IA, IB, and 2 of this project. The Phase IA roadway construction, which includes a new traffic signal at Base Line, will be financed with the City's 'h cent sales tax: revenues. This construction will be completed by September 2001. The Phase S 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 8W. complete. The proposed interim alignment of State Street, until Phase S 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 Sib 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 Sib Street. The two traffic signals at the proposed access road to Sib Street, and Rancho Avenue at S'" 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. . ! c , ( EXHmIT A: PROJECT DESCRIPTION/SCOPE OF WORK PART 1 (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. , ! " t c t ExumlT A: PROJECT DESCRIPTION/SCOPE OF WORK PART 3 (E) Project Readiness: STATE STREET EXTENSION PROJECT On October II, 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 wu done to insure that a roadway wu feuible 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 contrac:t 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 9rh Street and ISrh 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 perform an aJ?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 hu appropriated S712,000.00 towards the project in the 2000/2001 V. cent sales tax budget, of which S343,887.oo has been encumbered for the engineering and appraisal process. The remaining S368, 113.00 is still in this years budget, although a portion ofthat funding will be utilized on the Phue 1 A construction. Recently, the City of San Bernardino Unified School District has uked 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 SI10,000.00. 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. .! In conclusion, the engineering documents are nearly complete and the project should be ready to construct in the IS half of 200 I, after the permitting process is completed. .' ~ -., ~ TEA.ll Sur/oee TrtlllSPtmOliOl' P"ova,,, Fn~/fJ3.F)"OJIOJ Caltl", '''OJ'ell'n,~ IGI/~yR'.r:IO" 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 STPS OTHER S OTHER S SOURCE(S} ENVIRONMENT Ai. S 4,000.* S S ~t sales tax DESIGN & ENGINEERING 80,000. S 285,622.* S S ~t sales tax ROWISlTE ACQUISITION 569,000. S 74,650. S S CONSTRUCTION 1,356,000. $ 599,350. $ S CAPITAL EQUIPMENT S S S OTHER DIRECT COSTS S S S (please specify below) S S S TOTAL COSTS I 2,005,000. S 963,622. S h/' . .,.,' .". .",..- S ..::i:)-....... ...,..--. ..... ;;.. -'e" ~~!!.~;.::r.i-; !"_~?:€.r , Is the Project Local Match Greater than or Equal to 11.47% of/he Total Project Cost? YES X a NO a " You Checked the .NO. Box. Does Your Project Qualify for 100% STP Funding? a 0 II You Checked Both "NO" Boxes. Please ReIer to Section !.C.S. lor 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..bz.do< " .. - . '. . .. : TEA.~I Sfllfa" TrOlIt'PfI"IOllOtl 1"01:'''''' F)l:198.Fl.O~IOJ Call1o,.I''D.I~C'J 1r.1~ I'ollty R~.,:,o" C EXHIBIT C: PROJECT IMPLEMENTATION SCHEDULE (Relum Ihis page as part of your STP proposal) Please provide, either in the space provided Ilelow or separate attached sheet. a Milestone Schedule for your proposed STP project The schedule should include anticipated start and completion dales lor each task, activity, or milestone identified in Exhibn 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 orWay... Authority to Proceed (A TP) + A TP + 3 months 01' Contact CAL TRAN's Local Assistance ATP+ t week ATP+ I month Process Environmental Documents A TP + I month A TP + 3 months Design plans and Specifications (S5% complete) - Started A TP + 2 months Right-or-Way Processes ATP + ~ months A T,P + S months (, Notify Utilities or Project Location ATP + I month A TP + 2 months Plan Approval by City Engineer A TP + 8 months A TP + S months Progress Report to SAN BAG ATP + 6 months A TP + 6 months Mayor and CC Approval to Advertise ATP + S months A TP + S.5 months Project Advertisement A TP + S.5 months A TP + 9.5 months Hold Bid Openings/Award Contract ATP + 9.5 months ..,A TP -j. 105 months Authorization to Proceed ATP + II months ATP + II months Order Materials/Project Construction A TP + 11 months A TP + 17 months Project CompletionIFinal Reports ATP + 17 months ATP+ IS months ,~ C j; . San Bema,dino County Transportation Commission San Bernardino County Transportation Authority San Bernardino County Congwion Management Agency Sen'ice Authorit)' for Freeway Emergencies 472 North Atrowhead Avenue. San Bernardino. California 92401-1421 (909) 88-1-8~76 FAX: (909) 885-4401 ." nC May 6, 1998 o.D -CD CD ..,.. -e- n :z ~~ Mr. Michael Hays :0- ",0 .... Acting Public Works Director >" I -" ...... -", City of San Bernardino :::1_ "", 300 North D Street :.- "Z :z ;::" >- San Bernardino, CA 92402 - "'~ 0", -.. - '" z_ 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. ( Please contact Lisa Poe of my staff at (909) 884-8276 if you need additional information regarding this matter. Sincerely, ( j "" /J/Jc....~ Ty Schuiling ) Director of Planning and Programming \- !! ~ MIHA YS980S.TY . TN9817JOO Ci,ies of" Adelanto. Barstow. Big Bear lAke. Chino. Chino Hills, Colton. Fornano. Grand Te"cu:e. Hesperia. Highland. l.omAJ Linda. Montclair Needles, Ontario. Rancho Cucamonga. RMlaNb. Rialto. San Ikrnonlino. Twmtynine Palms. Upland. Victorvillt. Y"caipa Towns of' Apple Valley. Yucca Valley Co"nry of San Beman/ino r:.. '." . 6. " 6. GRESHAM, SAVAGE, NOLAN" TILDEN, LLP It. REQISTERED LIMITED LIABILITY PARTNERSHIP LAWYERS-FOUNDED 1910 roa THE nlL\l: Mark A. 011'" 600 N. AIUl.OWHEAD AVENUE, SUITE]OO SAN BERNARDINO. CALIFORNIA 92401-114' (909) .....-2171 . FACSIMILE (909) ...-2120 WlLLlAM~I"'IMIt DOfCALD".IaDMI__.-. 1OHN',~ca...19llJ 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 project and the benefits it could have to BNSF's operations in the vicinity its San Bernardino Intennodal 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 Slate Street project and would also support the transfer of funds from the Fourth StreetIMount Vernon A venue signalization project, on the condition that the transfer of those funds wo\\ld not delay the signalization of that intersection. Very truly yours, ~h1+...L ({).>-I r-.I ./ Mark A. Ostoich, of GRESHAM, SA V AGE, NOLAN & TILDEN, LLP MAO:pmj cc: Robert E. Brendza N:IAJ78\OOO1LIrIC_y. R-Ol.do< .~ Riverside Office. 3403 Tenth Street. Suite SII, Rivcnidc. CA 92501 . (909) 684-2171 . facsimile (909)684-2ISO Vic10rvillc Office -143S0 Civic: Drive, Suilc 120, ViCk)rviUc, CA 92392. (760) 243.2889 . Facsimile (760) 243.Q467 BNSF . ROBERT E. BRENDZA Burlington Northern Santa Fe 740 East Carnegie Drive San Bernardino. CA 92408 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 !\'!r.~asey: 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 Avenue, 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-ilJterest of the Atchison, Topeka And Santa Fe Railway Company) has not yet been asked (0 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 Fourth Street/Mount Vernon Avenue signalization project funds would not delay or otherwise adversely affect the signalization of that intersection. Sincerely, REB/ Enclosure cc: Mark A. Ostoich, Esq. ~' , /. '. _' 'f --' . / '--- ...; 1 > ~".~., J ;'" _,<; ",' jlCe//' {b (/'/1(../,#; ,t--.~ obert E. Brendza // ,/ BNSF-San Bemardino.OI GRESHAM, SA V AGE, NOLAN & TILDEN, LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP LAWYERS. FOUNDED 1910 FOR TlIlrlRM: Mark A. Ostoich 600 N. ARROWHEAD A VENUE, SUITE 300 SAN BERNARDINO,CALlFORNIA 92401.1148 (909) 884-2171 . FACSIMILE (909) 888-2120 WILLIAM GlTfHRJE (J~IM7) DONALDW.1ORDAN(ltct7-lfl9) JOHN B. LONEl.GAN (It211UO 1f'1Q 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 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, ~<O;-H,-.I ./ Mark A. Ostoich, of GRESHAM, SA V AGE, NOLAN & TILDEN, LLP MAO:pmj cc: Robert E. Brendza N:lAl781000ILtrlCasey, R-Ol.doc !! Riversidt\Office. 3403 Tenth Street, Suite 518, Riverside, CA 92501 . (909) 684-2171. Facsimile (909) 684-2150 Viclorville Office. 14350 Civic Drive, Suite 120, Victorville, CA 92392" (760) 243-2889 . 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LnNNN("1' ................ 3:000 "".OO-J-l< ::I...............m C 00011 rt...............:1 Ctl 0 (n ................::1 "'N.... ...... "" ....ON U10Ln.e.. rT ::r Ul rt , ! G'l<: m 0 ".... m c " a 0> m rt mn 0.0 c 0''' ,<rt :;::'" UlCtl n'O WO 0'1 ort o < Ctl " rn .... o " N o .... n o '0 '< '1 .... '" ::r rt .... '" '" o I .... '" '" N :;:: .... rT " o " Ul '< 1II rt Ctl a 1II n o " '0 o '1 0> rt .... o " e e e ~(Q)[PW l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTIO:-l NO. RESOLUTIO:\" OF THE CITY OF SAl'i BERI',ARDIl'iO At:THORIZING THE :\IA YOR TO EXECUTE A:\IENDMENT NO.1 TO THE AGREEME:\"T WITH FOURTH STREET ROCK CRUSHER, A CALIFORNIA CORPORATION, AND THE SAN BER:-IARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND CONSTRUCTIO:\" OF THE PHASE I ROAD IMPROVEMENTS TO STATE STREET Al'iD THE DESIGl'i AND Il'iSTALLATION OF A TRAFFIC SIGl'iAL AT THE I:\"TERSECTIO:\" OF STATE STREET Al'ID BASELINE STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA!'; BERt"lARDIl'i'O AS FOLLOWS: SECTIOl'i 1. THAT THE J;v1A YOR is authorized to execute Amendment No. I to the Agreement (see attached Exhibit "A" and incorporated herein) with the Fourth Street Rock Crusher and the San Bernardino City Unified School District for the design and construction of the Phase I road improvements to State Street and installation of a traffic signal at the intersection of State Street and Baseline Street. Such Amendment shall be effective only upon being fully executed b y all parties. SECTION 2. This Amendment and any modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreement, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTIO!,; 3. This resolution is rescinded if the parties to the Amendment fail to execute it within sixty (60) days of the passage of this resolution. III III III III Yi/) /1 ,f/cA;-. III 10 Council Members: 11 ESTRADA 12 LIE'" 13 MC GI0<~IS e 14 15 DERRY 16 SUAREZ 17 ANDERSON 18 MC CAMMACK 19 e 20 21 22 23 24 25 26 e 27 28 1 RESOLlTION...AUTHORIZING THE MAYOR TO EXECUTE A:\IENDMENT 2 "'"0. I TO THE AGREEMENT WITH FOURTH STREET ROCK CRUSHER, A CALlFOR."iIA CORPORATION, AND THE SAN BER."'ARDINO CITY UNIFIED 3 SCHOOL DISTRICT FOR THE DESIGN AND CONSTRUCTION OF THE PHASE I ROAD IMPROVEMENTS TO STATE STREET AND THE DESIGN AND 4 INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTlOi'\ OF STATE 5 STREET AND BASELINE STREET. 6 7 8 9 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: AYES NAYS ABSTAIN ABSENT 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 By~ :t~J.:i~Pr . . . A:\IE:\'Dl\IE:\'T :\'0. I TO AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS A:'oID TRAFFIC SIGNAL - STATE STREET PHASE I BETWEEN THE CITY OF SAN BERNARDINO AND FOURTH STREET ROCK CRUSHER A:\'D THE BER.J."IARDINO UNIFIED SCHOOL DISTRICT AGREEMENT This Amendment ~o. 1 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"), and San Bernardino City Unified School District (hereinafter referred 10 as "the District") WITNESSETH WHEREAS, San Bernardino City Council, on December 4,2000, Adopted Resolution ~o. 2000-346 approving an Agreement to Construct Phase I State Street Improvements and Traffic Signal (hereafter "Agreement"). WHEREAS, subsequent to Agreement approval, revisions were required of the project by the Army Corps. of Engineers and San Bernardino County Flood Control associated with the reconstruction of the flood control dike and related access roads; and WHEREAS. said work also required additional field engineering and testing; and \VHEREAS. said additional costs have been reviewed by Staff and found to be appropriate: and WHEREAS. paragraph (2.g.) of the Agreement specifies "Fourth Street shall be reimbursed by the City for the total cost of the Project in excess of the contribution by Fourth Street, upon completion of Phase I." NOW, THEREFORE, it is mutually agreed, as follows: 1.' Paragraph 2 (c) is hereby amended to read as follows: "2. ObliQations of the Citv. The City shall: c. Reimburse Fourth Street for the total cost of the construction of the Street Improvements, less the sum of Forty-five Thousand Dollars ($45,000), plus engineering fees incurred by Fourth Street for Phase I. The total cost of construction to the City shall not exceed Two-hundred Forty-seven Thousand Sixty Dollars and Forty-one Cents ($247,060.41)." 2. All other terms and provisions in the Agreement remain unchanged. e AMENDMENT No.1 TO AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS AND TRAFFIC SIGNAL - STATE STREET PHASE I IN WITNESS WHEREOF, said parties hereto have caused this Amendment to be officially executed on the date written above and attested by their duly constituted officers. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Approved: By: San Bernardino City Unified School District Attest: APPROVED AS TO FORM: District's Counsel: e CITY OF SAN BERNARDINO Attest: Rachel Clark, City Clerk Approved: Judith Valles, Mayor City of San Bernardino APPROVED AS TO FORM AND LEGAL CONTENT: FOURTH STREET ROCK CRUSHER 'k.a,,:. 1. ~Li lnJ:t.IJ;t,~(II JAMES F. NMAN ' ~ ,.,.-~. City Attorney & APPROVED: Fourth Street Rock Crusher A California Corporation BY: Name: Title: e III III 2 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 2002-132 - Resolution authorizing the Mayor to execute Amendment No.1 to the agreement with Fourth Street Rock Crusher 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. Enclosed is one (1) 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. Once the agreement has been executed by all parties, a fully executed copy will be forwarded to you. 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 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-bernardino.ca.us m May 22, 2002 Mike Perez San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 Dear Mr. Perez, At the Mayor and Common Council meeting of May 6, 2002, the City of San Bernardino adopted Resolution 2002-132 - Resolution authorizing the Mayor to execute Amendment No.1 to the agreement with Fourth Street Rock Crusher and the San Bernardino City Unified School District for the design and construction of the Phase I road improvements to State Street and the design and installation of a traffic signal at the intersection of State Street and Baseline Street. Enclosed pne (I) original agreement. Please obtain signatures 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, . I ( 11 ." .'( -).. t C( ,I. \ U t. l J Michelle Taylor Senior Secretary Enclosure CITY m' SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA92418-ooOl 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" June 25, 2002 Mr. Mike Perez San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 Dear Mr. Perez, At the Mayor and Common Council meeting of May 6, 2002, the City of San Bernardino adopted Resolution 2002-1.32 - Resolution authorizing the mayor to execute Amendment No. 1 to the agreement with Fourth Street Rock Crusher and the San Bernardino City Unified School District for the design and construction of the Phase I road improvements to State Street and the design and installation of a traffic signal at the intersection of State Street and Baseline Street. One (1) original agreement was sent to you on May 22, 2002, for signatures. Please return the executed original to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402. Please be advised that the resolution and agreement will be null and void if not executed by July 5, 2002. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, C".' I .~. "~c~~i{~4a~l~r' , Senior Secretary '. CITY OF SAN BERNARDINO ADOPTED SHAREIl VAUJES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: July 10, 2002 TO: Raymond Casey, Deputy Director/City Engineer FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-132 - Amendment No.1 to Agreement with Fourth Street Rock Crusher and the San Bernardino City Unified School District CC: Attorney's Office, Finance Resolution 2002-132 is null and void because the amendment was not executed by the San Bernardino City Unified School District within the time specified. RECEIVED-CfT.( CLERK I J '02 .11 Arturo Delgado, Ed.D. 26 P 3 '44 Superintendent . David S. Bail, Assistant Superintendent UNIFIED SCHOOL DISTRICT July 23, 2002 Michelle Taylor City of San Bernardino Office of the City Clerk 300 North "D" Street San Bernardino, CA 92418-0001 Dear Ms. Taylor: Enclosed is the original Amendment No, 1 to the Agreement to Construct Street Improvements and Traffic Signal- State Street Phase I Between the City of San Bernardino and Fourth Street Rock Crusher and the San Bernardino City Unified School District for the City and also a copy for Fourth Street Rock Crusher. Also enclosed is the District 7-16-02 Board Certification of Minutes approving the amendment. When the Council reapproves this Amendment, please send us a copy of the Council action. 12J;AAtf Facilities Construction Officer MAP:er Enclosures BUSINESS SERVICES DIVISION 777 North F 5treet. San Bernardino, CA 92410. (909) 381-1238. Fax (909) 885-4218 mellnda.pure@SbCuSd.k12.ca.us , 2002-132 U.."f..'['.; .l>\'i~-:~:~ ,. ~," , !\L ..\:\IE:'\D:\IE:\T No. I TO AGREDIENT TO CO:\STRliCT STREET E\IPROVEMENTS A:\D TRAFFIC SIG:"IAL - STATE STREET PHASE I BETWEEN THE CITY OF SA:\ BERNARDINO A:'\D FOL"RTH STREET ROCK CRUSHER A:\D THE BERNARDINO U:'o\IFIED SCHOOL DISTRICT AGREDIENT This Amendment No. I is made and entered into on , 2002 by and between the City of San Bernardino (hereinafter reten'ed to as "the City") Fourth Street Rock Crusher, a California corporation (hereinafter refen'ed to a "Fourth Street"), and San Bernardino City Unified School District (hereinafter referred ~o as "the Di3tiictH) WITNESSETH WHEREAS, San Bernardino City Council, on December 4, 2000, Adopted Resolution No, 2000-346 approving an Agreement to Construct Phase I State Street Improvements and Traffic Signal (hereafter "Agreement"). \VHEREAS, subsequent to Agreement approval, revisions were required of the project by the Army Corps. of Engineers and San Bernardino County Flood Control associated with the reconstruction of the flood control dike and related access roads; and WHEREAS, said work also required additional field engineering and testing; and WHEREAS, said additional costs have been reviewed by Staff and found to be appropriate: and WHEREAS, paragraph (2,g.) of the Agreement specifies "Fourth Street shall be reimbursed by the City for the total cost of the Project in excess of the contribution by Fourth Street. upon completion of Phase I." NOW, THEREFORE, it is mutually agrecd, as folluws: L Paragraph:2 (c) is hereby amended to read as follows: "2. Obligations of the Citv, The City shall: c. Reimburse Fourth Street for the total cost of the constnlction of the Street Improvements, less the sum of Forty-five Thousand Dollars ($45,000), plus engineering fees incurred by Fourth Street for Phase I. The total cost of construction to the City shall not exceed Two-hundred Forty-seven Thousand Sixty Dollars and Forty-one Cents (5247,060Al)." 2. All other terms and provisions in the Agreement remain unchanged. , 2002-132 , AMENDMENT No.1 TO AGREEMENT TO CONSTRUCT STREET IMPROVEMENTS AND TRAFFIC SIGNAL - STATE STREET PHASE I IN WITNESS WHEREOF, said parties hereto have caused this Amendment to be officially executed on the date written above and attested by their duly constituted officers. SAN BERt"lARD,. CITY~IFIED SCHOOL DISTRICT < -- - /' Vi Approved: . / - ..' By: Sari Bernardino City Unified School District DavId S. ... A8lllWnlSupen_ .~ .-- s.MoM 0NtIl0n Attest: APPROVED AS TO FORM: District's Counsel: CITY OF SAN BERNARDINO Attest: ~~ );1. f!..<'AI.J~'-" Rac I Clark, City Clerk APPROVED AS TO FORM A.l\ID LEGAL CONTENT: FOURTH STREET ROCK CRUSHER ~a.;.:t~Li~ti~;1; JAMES F. NMAN ' ~ rro-". City Attorney ~ BY: III f- Name: ~fn~ I I b~+ Title: ~EO III III 2 . f San Bernardino City Unified School District CERTIFICATION OF MINUTES The Board met in regular session on the 16th day of July 2002, at the usual meeting place thereof. The meeting was called to order at 5:30 p.m. Members present: Brown, Dupre, Parra, Savage, Tillman, Valdez, Yeager Members absent: None The adoption of the following resolution and order was moved by Member Brown, seconded by Member Savage, and a vote being taken, the said resolution and order was adopted by the following votes of members present at that time. AYES: Brown, Dupre, Parra, Savage, Tillman, Valdez, Yeager NOES: None BE IT RESOLVED that the Board of Education approves amending the resolution of September 5, 2000, with the City of San Bernardino and Fourth Street Rock Crusher to Construct the New State Street Entrance at Arroyo Valley High School, per a request from the Mayor and Office of the City Clerk. There are no additional costs or changes that affect the District. The amendment is as follows: 2. Obligations of the Citv. The City shall: c. Reimburse Fourth Street for the total cost ofthe construction of the street improvements, less the sum offorty-five thousand dollars ($45,000.00), plus engineering fees incurred by Fourth Street for Phase I. The total cost of construction to the City shall not exceed two hundred forty-seven thousand sixty dollars and forty-one cents ($247,060.41). BE IT FURTHER RESOLVED that the Board of Education authorizes David S. Bail, Assistant Superintendent, Business Services Division, to sign said amendment. I, ARTURO DELGADO, Secretary of the Governing Board ofthe San Bernardino City Unified School District hereby certify that the foregoing is a true and correct copy of a resolution duly made, adopted, and entered in the Board minutes ofthe Governing Board of the San Bernardino City Unified School District on the 16th day of July 2002. d Secretary of the Boar Agenda Item 10.61 ~ Dated: July 17, 2002 ~t , ~ 1 " ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ,S -fc,-o::l Vote: Ayes )--;;J 1 -4,5, I) Nays Change to motion to amend original documents: Item # If) kY Abstain Resolution # &> d OCbH3 d Absent c 3 Reso. # On Attachments: t"" Contract term: NulINoid After: (0(:) O'4S 11-S-0J- I Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUOT T~U l>()~T RPrORO W/COUNTY By: ')ld ill OI\)U ill (J) ~<<. ue, G, Y- rd, Date Sent to Mayor: 5- 'l - (, A. US ~og Updated: t/' Date of Mayor's Signature: s- DateofClerk/CDC Signature: -' I~SfC")lc,\l O,UJ1 (~o 'II:. ~y rK__OL f) j,t I C r (f:. i\-:, () C rJ Date MemolLetter Sent for Signa "i> II ,,( 0:)- 'l, j(\.o Dc "'J ex ec v.l, (I 6O-Blfy-Renrillder Letter Sent 011- npressed: ,/ Date Returned: S-c')I-O ~ fO[JP-nt ~ S8c(JS{) .-96'1>ay Reminder Letter Sent on 3" [-1/00 Request for Council Action & SI Updated Prior Resolutions (Othe Updated CITY Personnel Fold, Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): ./ No By _ No V By -+-- No /' By-,_ No + BY_I-- No _ ~'-- Yes Yes Copies Distributed to: V City Attorney Parks & Rec. Code Compliance Dey, Services / EDA Police Public Services Water Finance y' MIS Olhers: Notes: I/O \0 - NaI f--XEY'L\R'O 1^-)rfI-h~ I\lY1lS ~PbCl(-i1:C'O BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFEltENCE (Contract Term. etc,) Ready to File: _ Date: Revised 01/12/01 . ,