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HomeMy WebLinkAbout17-Public Works CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: Resolution approving a Cooperative Agreement with San Bernardino County Transportation Authority and the San Bernardino County Transportation Commission for right-of way acquisition required to construct a grade separation at Palm A venue and Burlington Northern Santa Fe Railway (BNSF). Dept: Public Works - Engineering Date: April 28, 20 II File No: SS04-053 MCC Date: 05/16/2011 Synopsis of Previous Council Action: 09/02/08 Resolution No. 2008-351 adopted approving a Baseline Agreement with the California Transportation Commission (CTC), the California Department of Transportation (CAL TRANS) and the San Bernardino Associated Governments (SANBAG) for the Palm A venue/BNSF grade separation project. 09/02/08 Resolution No. 2008-352 adopted approving a funding agreement for Palm Avenue/BNSF grade separation with the San Bernardino County Transportation Authority. 10/06/08 Resolution No. 2008-378 adopted approving a funding agreement for Palm Avenue/BNSF grade separation with the San Bernardino Associated Governments. Recommended Motion: Adopt Resolution. 4_!77 Contact person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Location Map, Resolution Ward: 6 & Agreement (Exhibit "A") FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) 264-160-5504-7325-0025 Acct. Description: SS04-053 Palm Avenue Grade Separation Council Notes: Agenda Item No. /1 05-/~-CJrjII CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving a Cooperative Agreement with San Bernardino County Transportation Authority and the San Bernardino County Transportation Commission for right-of way acquisition required to construct a grade separation at Palm Avenue and Burlington Northern Santa Fe Railway (BNSF). Background: On April 10, 2008 the California Transportation Commission (CTC) earmarked $9,390,000 in Trade Corridor Improvement Funds (TClF) for the Palm Avenue Grade Separation over the BNSF Railroad. The San Bernardino County Transportation Authority and the San Bernardino County Transportation Commission, also known as the San Bernardino Associated Governments (SANBAG), are currently working on the project, which is estimated to cost approximately $35,176,000. SANBAG requested that the City act as co-sponsor for the project in order to secure the $9,390,000 in TCIF funding. Co-sponsoring the project requires the City to contribute a local share of 14.6 percent of the total cost. This project is needed to reduce delays and congestion caused by high train volumes at the crossing. Expected train traffic growth in future years will result in additional delay and congestion. The TCIF funding opportunity recently became available as a component of Proposition lB; however, the funding is contingent upon the project's readiness and its timely delivery. Staff has been working with SANBAG to position this project to be one of seven others in the County to receive the first allocation ofTCIF funding. On September 2, 2008 and on October 6, 2008, the City approved a total of three agreements with SANBAG as follows: 1. Project Baseline Agreement No C0902l with various agencies including the CTC, Caltrans and SANBAG. This Agreement committed the City to comply with the rules governing TCIF funding. 2. Funding Agreement with the San Bernardino County Transportation Authority. This Agreement committed the City to fund 14.6 percent of the total project cost, allowing SANBAG to obtain TCIF funding. 3. Cooperative Agreement No. C08202 with SANBAG for Preparation of Project Approval and Environmental Documents (PA&ED) and Plans, Specifications and Estimate (PS&E). 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued The environmental document phase is nearing completion and SANBAG is preparing to begin the plans, specifications & estimate; and right-of-way phase of the project. A new agreement is needed to specify the roles and responsibilities and to address cost sharing of both parties for the right-of-way acquisition for this project. SANBAG has submitted the attached Right-of-Way Cooperative Agreement (Contract No. C11180) for the City's approval. The total cost of right-of-way acquisition is estimated to be $8,320,000. SANBAG's share is approximately $2,805,000 and the City's share is approximately $1,215,000. SANBAG has identified $4,300,000 in Federal Congestion Management and Air Quality (CMAQ) funds for the remaining cost of the right-of-way acquisition. In the event that the right-of-way costs exceed the estimated amount, this agreement will need to be amended accordingly and approved by both parties. The actual cost of acquisition will be determined as the properties are acquired. All of the properties acquired by SANBAG will be transferred to the City of San Bernardino upon completion of construction. The right-of-way acquisition process is anticipated to last through most of2012. Construction is expected to commence in early 2013 and last approximately 20 months. An additional year will be required to complete construction close-out activities and transfer the acquired easements to the City. Financial Impact: As of April I, 2011, a total amount of approximately $919,973 is available for project SS04-053 Palm Ave Grade Separation at BNSF Railroad (Account No. 264-160-5504-7325-0025) to fund San Bernardino's share of the plans, specifications & estimate; and right-of-way acquisition. The City has agreed to fund 14.6 percent of the project cost, which is currently estimated to be $35,176,000, with a total cost to the City of approximately $5.14 million. This amount will need to be programmed in the budgets for future fiscal years and is expected to be allocated from Regional Circulation development fees. SANBAG has estimated that the City's share though the end of FY 2010-11 will be approximately $50,000 for right-of-way acquisition. Pursuant to the previously approved funding agreement, the City's share to complete the environmental document, plans, specifications, and estimate in FY 2011-12 will be approximately $300,000. SANBAG estimates that for FY 2011- 12, the City's share of right-of-way acquisition will be approximately $700.000. The balance of the City's share of the right-of-way acquisition cost, in the approximate amount of $515,000, will be incurred in FY 2012-13. 3 CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT - Continued Sufficient funds are available in the FY 2010-11 budget (Account No. 264-160-5504-7325-0025) to fund the City's share of this project through the end of June 2011. Future funding obligations for this project are expected to be met using funds that are currently available in the City's Regional Circulation Fee Fund. (Fund 264) Account: 264-160-5504-7325-0025 Balance as of 04/01/1 I: $919,973 Budgeted Amount: $1.070,600 Balance after the approval of this item: $869,973 Please note, this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: Adopt Resolution. Attachments: "I" - Location Map "2" - Geometric Roadway Layout 4 ~ (-) ....'ti 7 H JIm ~~ .s oP.,.Il\S C-C'I(\yon (\d jJ? -'" l~ J)U c;,~ l.Jo_ ~ ~'f,- U '" .. "'. ... ~O ~.. - N\.'Hf: 0.....,,<,\ .. co~c'"O\ I Iff!"!I'I~ ,Ot ; / ~ ..1l"~~ ...<b<Jj '" to:D,\"96 It. ~ Q' ~~.c ~ ~~~... "'I "" ~ "t.; ~ -t- " -:r.. " OW"! ...~ "'~ ~ .~ ,.,ifll ~,. . ~ ~,-'\.(j ~".I,. ."b fj- 'O.~~ ,l<S' YC;j,,~ ~ <1,," Goo?: @ ~;<>~ ...~:.- ~~ ".> ~~, "'{$>",Xb\V"-.... ../,/ ~ "f~~b _.'0.;:0. //<..$< / <,,'1, "I'! ~ "... 'h "1 ""'W tv ..~ "'''.. :..- ~. 1;:....... "VA, Jro :2 ';: .... ....~ (."'hlUp"~151 'U\.) .~ 7.~. :S "'''i1 ~ ~~ :.. :;t: .,iF<$' ~ ~ ~ ~ ~~ ,li? '\' S o}~ "'... ~,.. ~;j' "'Ot> t;,,,~ p ~ $~t; " .:e"" ~"'" Is o}~v ' ", d- I) 11.1'1.> 1)01, (I, "l>- ~ '#lfJJ '~O.1' ") '''d .t "" I,,>, ""cS .t ScS '" ",/i '0 ..,~ ",<:< 1 q;r ~~""'~ "'Q l-r ~t>(~0" ~~ ~ ~ u.. ~.~ ~ -r9 """ ~ 'a"". (""" %..> ~,?> <;t.!f' f"l.oI. ~S' ~",. ~ ., "r 'lliJl. 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CI1I80 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION TO PROVIDE RIGHT-OF-WAY SERVICES FOR A GRADE SEPARATION AT PALM AVENUE OVER THE BURLINGTON NOTHERN SANTA FE RAILROAD (CIP PROJECT NO. SS04-53). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 4 5 6 7 SECTION 1. The City Manager is hereby authorized and directed to execute on behalf 8 9 of the City, Cooperative Agreement No. Cll180 with the San Bernardino County 10 Transportation Authority and the San Bernardino County Transportation Commission to II provide right-of-way services for a Grade Separation at Palm Avenue over the BNSF Railroad 12 (ClP Project No. SS04-53), attached herein as Exhibit "A". 13 SECTION 2. The authorization to execute the above referenced Agreement is rescinded 14 if it is not executed within ninety (90) days of the passage of this resolution. 15 III 16 III 17 18 19 20 21 22 23 24 25 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. CI1180 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION TO PROVIDE RIGHT-OF-WAY SERVICES FOR A GRADE SEPARATION AT PALM AVENUE OVER THE BURLINGTON NOTHERN SANTA FE RAILROAD (CIP PROJECT NO. SS04-53). 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held ,2011, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 17 18 Rachel Clark, City Clerk 19 The foregoing resolution is hereby approved this day of ,2011. 20 21 22 Approved as to form: Patrick J. Morris, Mayor City of San Bernardino 23 JAMES F. PENMAN, City Attorney 24 25 RIGHT-OF-WAY COOPERATIVE AGREEMENT NO. Cl1180 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND CITY OF SAN BERNARDINO FOR Grade Separation Construction at Palm Avenue and the Burlington Northern Santa Fe Railway in San Bernardino Area THIS AGREEMENT is made and entered into this 1st day of June 2011 by and between the San Bernardino County Transportation Authority (hereinafter referred to as "AUTHORITY"), the San Bernardino County Transportation Commission (hereinafter referred to as "COMMISSION") and the City of San Bernardino (hereinafter referred to as "CITY"). WITNESSETH WHEREAS, the SANBAG Nexus Study and the Measure I 2010-2040 Expenditure Plan identify freeway interchange, major street, and rail-highway grade separation projects eligible for partial funding from Measure I 2010-2040 revenues; and WHEREAS, AUTHORITY and CITY (the "Parties") intend to construct a grade separation at Palm Avenue and the Burlington Northern Santa Fe railway (BNSF) (hereinafter referred to as the "PROJECT"); and WHEREAS, the PROJECT is identified in the Measure I 2010-2040 Expenditure Plan and is included in the SANBAG Nexus Study and will be carried out in accordance with the policies of the Measure I 2010-2040 Strategic Plan; and WHEREAS, the Parties desire to proceed with Right-of-Way acquisition activities for the PROJECT, hereinafter referred to as "ROW Work"; and WHEREAS, this Right-of-Way Cooperative Agreement ("Agreement") is intended to delineate the duties, and funding responsibilities ofthe Parties for the PROJECT ROW Work; and WHEREAS, CITY has requested and AUTHORITY agrees that AUTHORITY will be the lead agency to complete the ROW Work for the PROJECT; and NOW, THEREFORE, the Parties agree to the following: ell180 Page lof6 SECTION I AUTHORITY and COMMISSION RESPONSIBILITIES: 1. To be the lead agency for this PROJECT and to undertake and complete the ROW Work for the PROJECT as shown in Attachment A, herein incorporated into this Agreement, and subject to the following provision: a. To acquire property in the name of the COMMISSION for property acquired for purposes of construction of the Project and to convey such property, or portions thereof, to CITY. b. The interest conveyed to the City shall be a permanent easement or other required instrument for public street and/or utility purposes. 2. In accordance with the Measure I 2010-2040 Strategic Plan ("Strategic Plan"), to be responsible for 85.4 percent of the total eligible PROJECT ROW Work expenses that are incurred by AUTHORITY for an amount not to exceed $7,105,000, subject to paragraph II of Section III. 3. To prepare and submit to CITY an original and two copies of signed invoices for reimbursement for eligible PROJECT ROW Work expenses. Invoices shall be submitted to City monthly. 4. To abide by all AUTHORITY, SANBAG, CITY, State, and Federal laws, regulations, policies, and procedures pertaining to the PROJECT. 5. To maintain all source documents, books and records connected with AUTHORITY's performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to CITY or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of CITY. Copies will be made and furnished by SANBAG upon request. 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support AUTHORITY's request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT ROW Work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by AUTHORITY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT ROW Work costs expended for those activities described in the work activities, and to submit that Report and invoice no later than 120 days following the completion of those expenditures. The Final Report of Expenditures, an original and two Cl II 80 Page 2 of6 copies of which report shall be submitted to CITY, must state that these PROJECT funds were used in conformance with this Agreement and for those PROJECT-specific ROW Work activities. 8. To cooperate in having a PROJECT-specific audit completed by CITY, at CITY's option and expense, upon completion of the PROJECT ROW Work. The audit must state that all funds expended on the PROJECT were used in conformance with this Agreement. 9. To repay to CITY any reimbursement for CITY costs that are determined by subsequent audit to be unallowable within ninety (90) days of AUTHORITY receiving notice of audit findings, which time shall include an opportunity for AUTHORITY to respond to and/or resolve the finding. Should the finding not be otherwise resolved and AUTHORITY fail to reimburse moneys due CITY within ninety (90) days of audit finding, or within such other period as may be agreed between both parties hereto, the CITY reserves the right to withhold future payments due AUTHORITY from any source under CITY's control. 10. To include CITY in Project Development Team (PDT) meetings, if and when such meetings are held, and related communications on PROJECT progress and to provide at least quarterly schedule updates to CITY. SECTION II CITY RESPONSIBILITIES: I. To reimburse AUTHORITY within 30 days after AUTHORITY submits to CITY an original and two copies of the signed invoices in the proper form covering those actual eligible PROJECT ROW Work expenditures that were incurred by AUTHORITY, consistent with the invoicing requirements of the Strategic Plan, including back up information. Invoices maybe submitted to CITY as frequently as monthly. 2. In accordance with the Strategic Plan, be responsible for 14.6 percent share of the total eligible PROJECT ROW Work expenses incurred in an amount not to exceed $1,215,000, subject to paragraph II of Section III. 3. To abide by all AUTHORITY, CITY, State, and Federal laws, regulations, policies, and procedures pertaining to the PROJECT. 4. To accept all Project acquired rights-of-way located within CITY's jurisdictional boundaries upon completion of construction. The City Council of San Bernardino, by approval of this Agreement, authorizes and directs the City Clerk to execute an acceptance, in substantial conformance with the form attached hereto as Attachment B, within thirty (30) days of receipt of a quit claim deed from AUTHORITY or COMMISSION conveying its interests in such acquired rights-of-way. Cll180 Page 3 of6 SECTION III IT IS MUTUALLY AGREED: 1. If a federal appropriation or earmark is used for PROJECT ROW Work costs, application of those funds shall be consistent with SANBAG Policy 400011 VS-30. 2. The PROJECT ROW Work costs have been determined to be $8,320,000 (see Attachment C). CITY shall have no further responsibilities to provide any funding for PROJECT exceeding this amount without prior CITY approval, subject to Paragraph II ofthis Section. 3. Eligible PROJECT ROW Work reimbursements shall include only those costs incurred by AUTHORITY or COMMISSION for PROJECT ROW Work activities that are described in this Agreement and Attachment A and shall not include escalation or interest. SANBAG Policy 40006NMS 25 further defines eligible ROW Work regarding excess land and applies to this Agreement. 4. Any funds advanced by CITY for AUTHORITY's share towards eligible PROJECT ROW Work costs shall be reconciled during the construction phase of the PROJECT. 5. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring or arising by reason of anything done or omitted to be done by AUTHORITY, COMMISSION or SANBAG under or in connection with any work, authority, or jurisdiction delegated to AUTHORITY and/or COMMISSION under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, AUTHORITY, COMMISSION and SANBAG shall fully defend, indemnify and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by AUTHORITY, COMMISSION and SANBAG under or in connection with any work, authority or jurisdiction delegated to AUTHORITY, COMMISSION and SANBAG under this Agreement. 6. Neither AUTHORITY, COMMISSION, SANBAG nor any officer or employee thereof is responsible for any irtiury, damage, or liability occurring or arising by reason of anything done or omitted to be done by CITY and under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless AUTHORITY, COMMISSION, SANBAG, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Cll180 Page 4 of6 7. CITY, AUTHORITY and COMMISSION represent that they have sufficient insurance coverage for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective insurance programs, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. 8. This Agreement is expressly subordinated to any bonds, notes, certificates or other evidences of indebtedness involved in bond financings as are now outstanding or as may hereafter be issued by AUTHORITY. 9. This Agreement will terminate on December 31, 2015. The Agreement may also be terminated by either party by giving the other party 30 days written notice. 10. That CITY, at CITY's option and in coordination with AUTHORITY and COMMISSION, may assign additional resources to the PROJECT ROW Work to facilitate its timely completion. I I. In the event AUTHORITY and/or COMMISSION determines PROJECT ROW Work may exceed the not to exceed amounts identified in this Agreement, AUTHORITY shall inform CITY of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the contribution amounts identified in this Agreement. In no event, however, shall any of the Parties be responsible for PROJECT ROW Work costs in excess of the contribution amounts identified in this Agreement absent a written amendment to this Agreement that is approved by all Parties. 12. A separate agreement will be required between the Parties to define responsibilities and funding share for the construction phase of the PROJECT. 13. This Agreement may be signed in counterparts, each of which shall constitute an original. #### SIGNATURES ON FOLLOWING PAGE: CIl180 Page5of6 San Bernardino County Transportation Authority By: Date: City of San Bernardino By: Brad Mitzelfelt, President SANBAG Board of Directors Date: APPROVED AS TO FORM: By: Date: Charles E. McNeely City Manager APPROVED AS TO FORM: By: Penny Alexander-Kelley AUTHORITY Counsel Date: San Bernardino County Transportation Commission By: Date: Brad Mitzelfelt, President SANBAG Board of Directors APPROVED AS TO FORM: By: Date: Cl1l80 Penny Alexander-Kelley COMMISSION Counsel 7/~ es F. Penman C y Attorney t; It 26/( I Page 60f6 Attachment A ROW Work for Palm Avenue Grade Separation ROW Work for the PROJECT includes, but not limited to, the following activities: I. Prepare right-of-way maps, other documents, and surveys, and appraisals as required for the acquisition of right-of-way for the PROJECT. 2. Acquire and furnish all right-of-way required for the PROJECT. Perform all right-of- way activities including all eminent domain activities, if necessary. 3. Identify and locate all utility facilities in the PROJECT area. Make necessary arrangements for timely accommodation, protection, relocation, or removal of any existing utility facilities which conflict with construction of the PROJECT. ClI180 Attachment B CITY OF SAN BERNARDINO 300 N. "D" STREET SAN BERNARDINO, CALIFORNIA 92401 QUIT CLAIM DEED CERTIFICATION California Government Code 27281 This IS to certify that the real property conveyed by the attached instrument dated ,20 from the San Bernardino County Transportation Commission, a California transportation commission, as Grantor to the City of , as Grantee, is hereby accepted by order of the City Council of the City of San Bernardino, County of San Bernardino, State of California, as the governing board of said grantee, and consents to the recordation thereof by its duly authorized officer. Date: By: Name: Title: ATTEST: City Clerk City of San Bernardino Cl1180 Attachment C Project Funding Table Total estimated right-of-way support costs for right of way engineering, appraisals, acquisition, eminent domain action (if required), etc. is $700,000. Total estimated acquisition, Relocation Assistance Program (RAP) and demolition cost IS $7,620,000. Total estimated right-of-way cost is $8,320,000. The City of San Bernardino local fair share is 14.6 percent of eligible expenses incurred, with a not to exceed amount of $1 ,215,000. The SANBAG share is 85.4 percent of eligible expenses incurred, with a not-to-exceed amount of $7,105,000. Cl II 80