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HomeMy WebLinkAbout21-Public Works J.. - ~lle ll.U~, ~K ~~~~4 CITY. OF SAN BERNOblNO - REQUEST ~ COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Authorization to Execute Agree- ment for Reimbursement of Storm Drainage Fee - "H" Street Storm Drain --- FORECAST CORPORATION Dept: Public Works/Engineering Date: 6-20-91 Synopsis of Previous Council action: 09-20-89 -- Appeal hearing on Planning Commission decision for EIR upheld. Revision of Intitial Study ordered. 04-16-90 -- Approval of Request for Participation in Construction of Master Plan Storm Drain 7-B18 including refund of storm drain fees collected from Tract 13554. Recommended motion: Adopt resolution. cc: Shauna Edwins Jim Penman Andy Green Contact person: Gene R. Klatt Staff Report, Supporting data attached: Aqreement & Resolution Phone: <;12<; Ward: 5 FUNDING REQUIREMENTS: Amount: $120.000 190/911. $135,000 (91/92), (Storm Drain Const. Fund) Source: (Acct. No.) 248-368-57812 (Acct. DescriDtion) Storm Drain Construction Fund Reimbursement to Forecast Corp. - "H" St. Finance: c\~p Council Notes: 75-0262 Agenda Item NO-d.L- ]l - - CIT~ OF SAN BEANOIDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT Page 1 of 2 A hearing was held at the Council meeting of 9-18-89, on the appeal by the applicant of the Planning Commission's decision to require an Environmental Impact Report for Tentative Tract No. 13554. This appeal was upheld, subject to certain conditions. One of these conditions was: "That storm drains shall be constructed per CSDP Project No. 7-B18 (subject to update per current Flood Control District design policy) expanded to include the following reaches: 56th Street to Little Mountain debris basin along 'H I Street; from I H I Street to ' I ' Street along Northpark Boulevard; and along 'F' Street." The Storm Drain Master Plan shows a 36" - 57" pipe needed in "H" Street. However, the current hydrology method adopted by the San Bernardino County Flood Control District in- dicates a 42" - 69" pipe as being needed. Nine bids were received by the Forecast Corporation. These bids included an alternate for the storm drains shown on the Storm Drain Master Plan, and another for the oversized pipes as indicated by the current hydrology method. The difference in price on the low bid submitted by Bonadiman-McCain is $35,800.83. Storm drain fees are being collected upon issuance of building permits, over about a two-year period. The total esti- mated amount of these fees was $294,580. The low bid submitted by Bonadiman-McCain, for the oversized alternate, is $922,069.24. Forecast Corporation re- quested that an amount, equivalent to the storm drain fees paid, be allocated as the City's participation in the cost of constructing this storm drain system. Approval of this request for participation would reduce Forecast's cost for storm drain improvements to $627,489.24. Installation of these storm drain improvements solved a drainage problem of long duration, and also provided an outfall for a complete storm drainage system for the entire area. Therefore, we recommended that the oversizing alternate be accepted, and that staff be directed to include one-half of the storm drain fees in each of the 1990/91 and 1991/92 Storm Drain Construction Fund Budgets. The request by Forecast Development for reimbursement of storm drain fees was approved at the Council meeting of 4-16-90, subject to execution of an Agreement. 6-20-91 '5-0264 .- CITY OF SAN BERNj;ADINO - REQUEST lOR COUNCIL ACTION STAFF REPORT Page 2 of 2 Permits have been issued for about 120 of the 286 lots in Tract No. 13554. Forecast has, therefore, requested that the fees collected during the first year be reimbursed. An amount of $147,290 is included in the 1990/91 Storm Drain Construction Fund Budget, under Account No. 248-368-57812, to finance the reimbursement to Forecast Corporation. The esti- mated amount of the first year reimbursement is $106,993. We recommend that the Agreement authorizing reimburse- ment be approved. 6-20-91 75.0264 j.'.= o o . 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FORECAST CORPORATION RELATING TO REIMBURSEMENT OF A PORTION OF THE COST FOR INSTALLING STORM DRAIN FACILITIES FOR TRACT NO. 13554. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the Forecast Corporation relating to the reimbursement of a portion of the cost for installing storm drain faci1i ties for Tract No. 13554, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino at a meeting thereof, he 1d on the _day of , 1991, by the following vote, to- wit: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 6-20-91 "'~""''-'v. ...............v..~...............~..... .......~..........u... ...........l.'l v. fi\,,;J.1\..L..L.i',U:..!.'l.L ~'i..i...L Il or: V.l'\.L'-rto:> J. CORPO~ON RELATING TO TRACT NO.c:Y354. 1 Council Members: 2 ESTRADA 3 REILLY 4 HERNANDEZ 5 MAUDSLEY 6 MINOR 7 POPE-LUDLAM 8 MILLER 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES NAYS ABSTAIN City Clerk day of The foregoing resolution is hereby approved this Approved as to form and legal content: James F. Penman City Attorney , 1991. - 2 - W. R. Holcomb, Mayor Ci ty of San Bernardino o o AGREEMENT CONSTRUCTION OF STORM ORAIN FOR NORTH "H" STREET -- 40TH TO NORTH PARK BOULEVARD (7-BIB) of BERNARD no, "City", and "Forecast". THIS AGREEMENT is entered into this , 1991, between the a municipal corporation, hereinafter the FORECAST CORPORATION, hereafter day CITY OF SAN referred to as referred to as RECITALS WHEREAS, Forecast and City desire to provide flood protection through the construction of a storm drain in North "H" Street from 40th Street to North Park Boulevard; and WHEREAS, City and Forecast desire to enter into an Agreement setting forth the terms and conditions under which the Forecast will contri bute and advance the necessary funds and construct the storm drain, for the benefit of the proposed Development and future development. COVENANTS NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and of the covenants and conditions contained herein, City and'Forecast agree as follows: SECTION 1. CONSTRUCTION Forecast shall prepare construction plans, specifica- tions and an estimate, and seek competitive bids for construction of the storm drain in the manner in which it is authorized by law to conduct said bidding. Upon receipt of said bids, Forecast shall thereafter determine the lowest responsible bidder and award to that bidder or otherwise reject all bids and rebid the project. In the event that the low bid is in excess of the Engi neer I s Esti ma te, Forecast sha 11 obta in the wri tten approval of City prior to awarding the contract. Forecast shall thereafter administer the construction of the storm d~ain to its completion in accordance with its normal practices and procedures. Inspection shall be by City. SECTION 2. COST OF CONSTRUCTION Forecast shall fully fund the construction of the storm drain subject to reimbursement by City, as provided in Section 3 hereof. AGREEMENT: CONSTRUC~ON OF STORM DRAIN FOR N~H "H" STREET -- 40TH TO NORTH PARK BOULEVARD SECTION 3. REIMBURSEMENT OF FORECAST City shall reimburse Forecast for the portion of the construction contract equal to the actual storm drainage fees to be assessed against lots in Tract No. 13554 without interest, over a two (2) year period in two (2) equal annual installments. The first installment shall be due one (1) year from the date of construction by Forecast. Total lot area subject to fees is 286 lots with a combined total area of 2,281,959 square feet per the recorded fi na 1 map. Storm dra i nage fees per Reso 1 uti on 88-114 are $0.110 per square foot. Total fees are estimated at $251,015.49. In no case will City reimburse in advance of collection of fees which are due at building permit issuance. Forecast shall submit copies of permits for which reimbursement is requested by June 1st of each year. SECTION 4. HOLD HARMLESS Forecast shall hold harmless and indemnify City, its City Council, and its officers and employees, from every claim or demand of whatever nature which may be made by reason of Forecast's construction of the storm drain under this Agreement. Forecast at its own cost, expense and risk shall defend any legal proceedings which may be brought against City on any claim or demand of whatever nature arising out of construction of the storm drain under this Agreement and shall satisfy any jUdgement that may be rendered against any of them. Forecast shall notify the City of the receipt of any such claim or demand. City shall hold harmless and indemnify Forecast from every cl aim or demand of wha tever na ture wh i ch may be made by reason of City's performance under this Agreement. City at its own cost, expense and ri sk shall defend any legal proceedings that may be brought against Forecast, its officers and employees, on any claim or demand of whatever nature arising out of its performance under this Agreement. SECTION 5. DESIGNATED REPRESENTATIVE sentatives behalf of follows: The parties hereby designate their respective repre- who shall have sole and complete authority to act on the parties on all aspects of this Agreement as Ci ty: Roger G. Hardgrave Director of Public Works/City Engineer Forecast: -2- A # AGREEMENT: o CONSTRUCTION OF STORM ORAIN 40TH TO NORTH PARK BOULEVARD o FOR NORTH "H" STREET -- Each party shall have the right, from time to time, to designate a different representative by notice given as provided herein. SECTION 6. ENTIRE AGREEMENT AND MODIFICATION Thi s Agreement expresses the whol e Agreement between the parties, there being no representations, warranties, or other Agreements not herein expressly set forth or provided for. No change or modification of or addition to this Agreement shall be valid unless the same shall be in writing and signed by both parties hereto. IN WITNESS WHEREOF, the parties heretu have executed this Agreement on the date and year set forth below. Dated: CITY OF SAN BERNARDINO ATTEST: By: Mayor City Clerk Dated: ~ ~ ',. 1'9<=t1 FORECAST CORPORATION Approved as to form and legal content: B"~ .James F. Penman City Attorney BY:~ ./ -3-