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HomeMy WebLinkAbout2011-108RESOLUTION NO. 2011-1 os 2 3 4 5 6 7 8 9 10 l2 13 14 IS 16 l7 18 19 20 21 22 23 24 25 I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. C11180 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. SSO4-53). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute on behalf of the City, Cooperative Agreement No. C11180 with the San Bernazdino County Transportation Authority and the San Bernardino County Transportation Commission to provide right-of--way services for a Grade Sepazation at Palm Avenue over the BNSF Railroad (CIP Project No. SSO4-53), attached herein as Exhibit "A". SECTION 2. The authorization to execute the above referenced Agreement is rescinded if it is not executed within ninety (90) days of the passage of this resolution. I /// ~~~ 2011-108 1 2 3 4 5 6 7 s 9 to 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. C11180 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. SSO4-53). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernazdino at a Joint regular meeting thereof, held on the 16th day of tray , 2011, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X VACANT BRINKER X SHORETT KELLEY JOHNSON MC CAMMACK X X X X /~. Rac 1 Clark, City Clerk -v The foregoing resolution is hereby approved this ~ ~ day of Maw , 2011. Patn k J. Morris, lzry~or of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: , ~~i+~'Y~ Zoll-loa RIGHT-OF-WAY COOPERATIVE AGREEMENT NO. C11180 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 of the 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 Cl 1180 Page 1 of 6 zoll-tos 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 aze incurred by AUTHORITY for an amount not to exceed $7,105,000, subject to pazagraph 11 of Section III. 3. To prepaze 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) yeazs 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 famished 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 cleazly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by AUTHORITY. 7. To prepaze 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 C 11 180 Page 2 of 6 2011-108 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 aPROJECT-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 aze 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: 1. 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 shaze of the total eligible PROJECT ROW Work expenses incurred in an amount not to exceed $1,215,000, subject to paragraph 11 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 Bernazdino, 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. C11180 Page 3 of 6 2011-108 SECTION III IT IS MUTUALLY AGREED: 1. If a federal appropriation or earmazk is used for PROJECT ROW Work costs, application of those funds shall be consistent with SANBAG Policy 40001/ 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 Pazagraph 11 of this Section. 3. Eligible PROJECT ROW Work reimbursements shall include only those costs incurred by AUTHORITY or COMMISSION for PROJECT ROW Work activities that aze described in this Agreement and Attachment A and shall not include escalation or interest. SANBAG Policy 40006/VMS 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 occunring or azising 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 injury, damage, or liability occurring or azising 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. C 11180 Page 4 of 6 toil-los 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 aze 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. 11. 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: C 11180 Page 5 of 6 2011-108 San Bernardino County Transportation Authority City of San Bernardino By: Brad Mitzelfelt, President SANBAG Board of Directors Date: APPROVED AS TO FORM: By: Penny Alexander-Kelley AUTHORITY Counsel Date: By: Date: Charles E. McNeely City Manager APPROVED AS TO FORM: By: 0 3•~c~-m-~~ es F. Penman C' y Attorney Date: TYG/a ~( 261( San Bernardino County Transportation Commission By: Brad Mitzelfelt, President SANBAG Board of Directors Date: APPROVED AS TO FORM: By: Penny Alexander-Kelley COMMISSION Counsel Date: C 11180 Page 6 of 6 zoii-tos Attachment A ROW Work for Palm Avenue Grade Separation ROW Work for the PROJECT includes, but not limited to, the following activities: 1. Prepare right-of--way maps, other documents, and surveys, and appraisals as required for the acquisition ofright-of--way for the PROJECT. 2. Acquire and fiunish 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 azea. Make necessazy arrangements for timely accommodation, protection, relocation, or removal of any existing utility facilities which conflict with construction of the PROJECT. C11180 2011-108 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 Califomia transportation commission, as Grantor to the City of , as Grantee, is hereby accepted by order of the City Council of the City of San Bernazdino, 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: ATTEST: City Clerk City of San Bernardino By:_ Name: Title: C11180 zott-ias 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 shaze is 85.4 percent of eligible expenses incurred, with anot-to-exceed amount of $7,105,000. C11180 2011-10E RIGHT-OF-WAY COOPERATIVE AGREEMENT NO. C11180 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 of the 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: C1 ll80 Page 1 of 6 2011-108 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 11 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 C 11180 Page 2 of 6 2011-108 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 aPROJECT-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: 1. 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 11 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. C 11180 Page 3 of 6 zoil-los SECTION III IT IS MUTUALLY AGREED: If a federal appropriation or earmark is used for PROJECT ROW Work costs, application of those funds shall be consistent with SANBAG Policy 40001/ 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 11 of this 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 40006/VMS 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 injury, 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. C 11180 Page 4 of 6 2011-108 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. 11. 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: C 11180 Page 5 of 6 2011-108 San Bernardino County Transportation Authority By: %i~ ~ Brad felt, President SANBAG Board of Directors City of San Bernardino ~ ~.: By: ~ ~~`~ Charles E. M eely City Manager Date: ~' / /~/~ ~=' / ~ APPROVED AS TO FORM: i~ By: ~. Pen y lexan 'r-Kelley AU ORITY Counsel Date: ~~' ICL° It Date: S=%~ / / APPROVED AS TO FORM: By: ~--~C~-~ es F. Penman C' y Attorney Date: ~~ Z61( San Bernardino County Transportation Commission By: j" Brad M felt, President SANBAG Board of Directors Date:~~~~ / I ~~ APPROVED AS TO FORM: 1. By: Pe y lexander=' elley CO ISSION Counsel Date: ~' ~~~' ~ C 11180 Page 6 of 6 2011-108 Attachment A ROW Work for Palm Avenue Grade Separation ROW Work for the PROJECT includes, but not limited to, the following activities: 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. C11180 2011-108 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 C11180 2011-1os 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 anot-to-exceed amount of $7,105,000. C11180