HomeMy WebLinkAbout2003-184
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RESOLUTION NO. 2003-184
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOD) BETWEEN THE
CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA REGIONAL
4 RAIL AUTHORITY (SCRRA) FOR REIMBURSEMENT OF COST TO PROVIDE
5 IMPROVEMENTS TO PERMANENT CREW FACILITIES FOR METROLINK AT
THE SANTA FE DEPOT.
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8 OF SAN BERNARDINO AS FOLLOWS:
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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SECTION 1.
The Mayor of the City of San Bernardino is hereby authorized
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and directed to execute, on behalf of said City, a Memorandum of Understanding (MOU) with
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Southern California Regional Rail Authority (SCRRA) for reimbursement of cost to provide
13 improvements to permanent crew facilities for Metrolink at the Santa Fe Depot, attached and
14 incorporated herein as Exhibit "A".
15 SECTION 2. The authorization to execute the above-referenced Memorandum of
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Understanding (MOU) is rescinded if the parties to the agreement fail to execute it within sixty
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(60) days of the passage of this resolution.
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2003-184
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOll) BETWEEN THE
CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA REGIONAL
3 RAIL AUTHORITY (SCRRA) FOR REIMBURSEMENT OF COST TO PROVIDE
4 IMPROVEMENTS TO PERMANENT CREW FACILITIES FOR METROLINK AT
THE SANTA FE DEPOT.
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7 and Common Council of the City of San Bernardino at a j t. reg.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
meeting thereof, held
on the 7 th day of
July
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
x
x
x
x
x
x
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21 The foregoing resolution is hereby approved this 9 ,,<
22 2003.
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day of July
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Approved as to
26 form and legal content:
,J ith Valles, Mayor
/' . ty of San Bernardino
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27 JAMES F. PENMAN,
28 City Attorney
By: L 7-. ~
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2003-184
SAN BERNARDINO STATION DEPOT RENOVATION
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND
THE CITY OF SAN BERNARDINO
This Memorandum of Understanding ("MOD") is made and entered
into by the Southern California Regional Rail Authority ("SCRRA")
and the City of San Bernardino (" Ci ty")
RECITALS:
A. SCRRA is a joint powers authority with five member
agencies created pursuant to California Public Utilities Code
Section 130255 and Government Code sections 6500 et seq. The
member agencies are the Los Angeles County Metropolitan
Transportation Authority ("LACMTA"), Orange County Transportation
Authority ("OCTA), Riverside County Transportation Commission
("RCTC"), San Bernardino Associated Governments ("SANBAG"), and
the Ventura County Transportation Commission ("VCTC") SCRRA
operates commuter rail service in southern California known as
Metrolink.
B. City has contracted out the historic rehabilitation of
the San Bernardino Santa Fe depot. As part of the depot
rehabilitation, the City's contractor has an option to construct
a permanent crew facility inside a portion of the depot for
Metrolink train and engine crews and equipment personnel.
C. SCRRA has budgeted $350,050 in their FY 02/03
rehabilitation/renovation budget for the permanent crew facility.
The member agency share of the crew facility budget is LACMTA
$166,274, aCTA $69,310, RCTC $38,856, SANBAG $50,407, and VCTC
$25,203. LACMTA funds are local, OCTA and SANBAG funds are 80%
federal and 20% local match, and RCTC and VCTC funds are 100%
federal. The total funding is referred to collectively as "Crew
Facility Funds".
D. City is responsible for the construction of the
permanent crew facility, which construction will be performed in
accordance with the scope of work (Attachment I).
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2003-184
E. Each month SCRRA invoices the Federal Transit
Administration ("FTA") for certain federal funds earmarked for
the design, construction management, and construction of projects
contained in SCRRA's annual rehabilitation/renovation budget.
Construction of the permanent crew facility is one of these
projects.
F. All Crew Facility Funds are ultimately transferred to
SCRRA. Since City will construct the permanent crew facility,
SCRRA has agreed to reimburse City for those expenditures that
are reimbursable with Crew Facility Funds.
G. SCRRA desires to transfer the Crew Facility Funds to
City and City desires to be reimbursed with the Crew Facility
Funds as provided herein.
NOW, THEREFORE, SCRRA and City agree to the following:
AGREEMENT:
I. Payments.
A. City shall submit a request for reimbursement to
the SCRRA no later than the 15th day of each month.
B. With each request for reimbursement, City will
furnish SCRRA with proof that City has paid its contractors and
the work was performed in accordance with the Scope of Work and
the provisions of FTA Circular 4220.1D: Third Party Contracting
Requirements. Proof of payment includes, without limitation,
copies of progress payments, invoices, and copies of the executed
construction contracts.
C. SCRRA will include the approved City expenditures
in its monthly invoice to the FTA for Crew Facility Funds.
City for
have been
D. SCRRA will forward the Crew Facility Funds to the
its approved expenditures once the Crew Facility Funds
received by the SCRRA.
2.
Limitations on SCRRA's responsibilities.
A. SCRRA shall only be responsible for invoicing the
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2003-184
FTA for an aggregate amount up to the amount provided in the
federal grants.
B. SCRRA shall examine each request for reimbursement
and the proof of payment to ensure conformance with the federal
grants. Any costs not covered by the federal grants will be a
disallowed amount and not included in SCRRA's monthly invoice to
the FTA.
C. City shall not incur expenses greater than
$350,050 unless authorized by an amendment to this MOU.
3 . Term.
A. The term of this MOU will commence as of the date
hereof and shall terminate upon completion of the work described
in the Scope of Work.
4. Use of Funds.
A.
As the Project
the project as
City shall be the responsible "Project Manager".
Manager, City shall be responsible for delivery of
outlined in the Scope of Work.
B. City understands and agrees that it will use the
Crew Facility Funds for the eligible construction costs of the
permanent crew facility only.
C. City shall include the requirements of FTA
Circular 4220.1D: Third Party Contracting Requirements, as
applicable, in every subcontract entered into relating to work
performed on the Station.
5. Indemnification and Insurance
A. In consideration for SCRRA acting as a "pass
through" between FTA and City for the Crew Facility Funds, City
shall fully indemnify, defend and hold SCRRA, its member agencies
and their respective officers, employees and agents harmless for
any damage, claim or liability occurring by reason of anything
done or omitted by City or its agents, or contractors, under or
in connection with the use of the Crew Facility Funds or
construction of the permanent crew facility or rehabilitation of
the depot.
B. City has required its contractors to have all
appropriate insurance.
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2003-184
6. Audit.
A. City understands that FTA and SCRRA have the right
to audit the use of the Crew Facility Funds upon completion of
construction of the permanent crew facility.
7. Miscellaneous.
A. City shall not assign this MOD without written
consent and prior approval of the SCRRA Chief Executive Officer
or his designee, and any attempt to do so shall be void and
unenforceable.
B. The covenants and agreements of this MOD shall
inure to the benefit of, and shall be binding upon, each of the
parties and their respective successors and assigns.
C. City shall comply with applicable provisions of
Federal, State and local laws, statutes, ordinance, rules,
regulation and procedural requirements and applicable rules and
regulations of the SCRRA.
D. This MOD shall not be amended, nor any provision
or breach hereof waived except in writing signed by the parties.
This MOD constitutes the entire understanding between the parties
with respect to the subject matter herein.
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2003-184
IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be duly executed by their
authorized representatives as of the dates indicated below.
CITY OF SAN BERNARDINO
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHOUITY
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BY:
BY:
Dav'
Chi f
Solow
Executive Officer
oved as to form
legal content:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
.A
PARKER
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2003-184
Sante Fe Depot Historic Renovation
DESCRIPTION;
DATE;
Contract #
PCO#
RFI#
Altern... # 000
1i/2612lI03
",",Bem""'lno
Rovi&od Altorn. tIO061b
Soltek Paclflc, Inc.
2424 Cons..... stro&.. Suita A
Sill Diogo. CA. 92110-2888
Telo-(909)383-a489 Fax-(909)383-ll4S7
Primo conlreclonl
Work No"'" I Comments
t. Direct M~a18
2. S&I88 Tax on Materials (If Uno 1
3. Dil'9d:Labor
4. 11'lWfiln(;1iI, TlIXtil$. QnQ Fring~ 6en9fi1$ of Une:'3
5. Renla;l Equlpmenl
6. SaJea TiDe on Rental EQuj~t t:J Une 5
7. cQUlpmern owni~hip and operallnQ Expense&:
8. SUBTOTAL (add l!nee 1 - '7)
e, GC':$ Ovarhll~d, Pfd'i~.SuperviGiCln ~d bond
10. SUBTOTAL lineS
eua-eOtmlACTOR'S
ofnne13
.1 92~OO See oUoched breakdown
11.0_M_
12. Sales Tex on MateO.
13, Oiroct lol>o,
14.1~. T~, iiiU1d Fringe EWn~~
16, fUlnt;aI Eq\,lip~n1
1e. $M.$ T~ I;)f1 R,er'llllI EqUlpfl'll!In'
17, E:quipD,liIn\ OWn8f\!lhlplilnd O~ E)::)en8M
18. SUBTOTAL (ldd lInes 11 . 11)
19. Field ave~
20. SUBTOTAL
21. Home Office Overhead
22. Prdil
sueTOTAL
otllne11
of line 15
10% 01 line 10
Add _16019
5% of line 20
0%011111020
.24. Pl1me Contractol"8 Wol1C (from line 10)
25. SUb-conll'Bdor'.e Work (Ii'om line 20)
26. SUBTOTAL (add Un.. 24 & 25)
27. Prime Overhead on Subcantradonl
30. SUBTQT A.I.. (26-29)
31. P'rfmI10onlredo~ Bond.
32. TOTAL
Estimated Time Extensiotl and Jll.slification:
DIIIW9
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nemm
~mmmm
_nEmrnm
I ~~
I IDEmm
_I I
2.00%
nmeE::a
Tobll
3!ID,DGAO
Prime C~crNlllmlll: ScIltlk Pa,cllic, Inc.
SUb-ContraclOr Name&: Tn-City EJectr1C, Dave Shapoehnlck PlumbIng, Sf1eIdon Mechanical, UAS Fil'tl Sprinkler.Con*uI;:ljr;m W~o, D.E..smhh, RfC6 DryWall.
Note:
pogo 1