HomeMy WebLinkAbout21- Public Works ORIGIINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Robert Eisenbeisz,City Engineer Subject: Resolution approving Cooperative
Agreement No. R10200 with the San
Dept: Public Works Bernardino County Transportation Authority,
the City of Loma Linda and the Inland Valley
Date: July 20, 2010 Development Agency for the right-of-way and
construction phases for the I-10 Tippecanoe
File: Avenue Interchange.
MCC Date: 08/16/10
Synopsis'of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
Robert Eisenbeisz
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Supporting data attached: Staff Report, Reso, Ward(s): 3
Agreement
FUNDING REQUIREMENTS: Amount: $4,248,000
(Acct.No.) FY 2010/11
Source: Development Impact Fee(DIF) and
SANBAG Local Stimulus Funds
Acct. Description: 264-160-5504-XXXX-0025
Finance:
Council Notes: J, eso moo/o
Agenda Item No.
Z �
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Cooperative Agreement No. R10200 with the San Bernardino County
Transportation Authority, the City of Loma Linda and the Inland Valley Development Agency
for the right-of-way and construction phases for the I-10/Tippecanoe Avenue Interchange.
Backeround:
The San Bernardino County Transportation Authority (Authority), also known as the San
Bernardino Associated Governments (SANBAG), has been working on a plan to improve the
freeway interchange at Interstate 10 and Tippecanoe Avenue since the late 1990's. The planning
and environmental stage of the project has been underway for at least 10 years and is expected to
be completed this year. The project is now preparing to move into the right-of-way (ROW)
acquisition and construction phases.
The total cost of the ROW and Construction phases is $70,508,000. However, only $33,684,000
in Federal funding is available leaving a shortfall of$36,824,000. The Authority has requested
that the jurisdictions adjoining the interchange assist in backfilling the funding shortfall. The
Authority will fund 65.4%of the shortfall leaving 34.6%to be divided equally among the City of
Loma Linda, City of San Bernardino and the Inland Valley Development Agency(IVDA).
The City of San Bernardino's share of the cost will be $4,248,000. This amount is an estimate
and may increase or decrease depending on actual costs incurred for ROW acquisition and
construction. The Authority will invoice the City of Loma Linda, City of San Bernardino and
the IVDA for costs incurred on monthly basis.
The Authority estimates that right-of-way acquisition will begin in 2011 followed by
construction in 2012. Construction is estimated to take approximately 2 years and completion is
estimated to occur in 2014.
The Regional Circulation Fee Fund is the identified funding source for the City's share of the
project cost. A portion of the funds available in this fund was borrowed to help balance the FY
` 10/11 budget; however, there are sufficient funds remaining for the City's share of cost
associated with work that is expected to occur in FY 10/11. The borrowed funds will be replaced
in time to be used for the future phases of work that are expected to occur FY 11/12 through FY
13/14.
Financial Impact:
Regional circulation system Development Impact Fees (DIF) sufficient to cover the City's share
of this Agreement have been proposed in the FY 2010/11 Capital Improvement Program for this
project.
Recommendation:
Adopt Resolution.
2 08/03/2010 1:48 PM
RESOLUTION NO. COPY
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
OOPERATIVE AGREEMENT NO. R10200 WITH THE SAN BERNARDINO
3 COUNTY TRANSPORTATION AUTHORITY, THE CITY OF LOMA LINDA AND
HE INLAND VALLEY DEVELOPMENT AGENCY FOR THE RIGHT-OF-WAY AND
4 CONSTRUCTION PHASES FOR THE I-10 TIPPECANOE AVENUE INTERCHANGE.
5 WHEREAS, the San Bernardino County Transportation Authority has requested that the
6 ity execute the attached Cooperative Agreement No. R10200 with the San Bernardino County
7
Transportation Authority, the City of Loma Linda and the Inland Valley Development Agency
8
defining cost sharing for the right-of-way and construction phases for the I-10 Tippecanoe
9
10 Avenue Interchange.
I I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
12
SECTION 1. The City Manager is hereby authorized and directed to execute said
13
14 Agreement on behalf of the City.
15 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
16 if it is not executed within ninety(90) days of the passage of this resolution.
17 u,
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23 �'�
24 � �� �DI
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- 1 -
RESOLUTION ... APPROVING COOPERATIVE AGREEMENT NO. R10200
I I VITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, THE
2 ITY OF LOMA LINDA AND THE INLAND VALLEY DEVELOPMENT AGENCY
OR THE RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE I-10
3 IPPECANOE AVENUE INTERCHANGE.
4 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 ommon Council of the City of San Bernardino at a meeting thereof, held
6 on the day of 2010, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
9 QUEZ
10 ESJARDINS
11 WINKER
12 HORETT
13 MLLEY
14 OHNSON
15
C CAMMACK
16
17
18 Rachel Clark, City Clerk
19 The foregoing resolution is hereby approved this day of , 2010.
20
21 Patrick J. Moms, Mayor
22 City of San Bernardino
Approved as to form:
23
JAMES F. PENMAN,
24 City Attorney
25
26 y:
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- 2 -
COOPERATIVE AGREEMENT NO.C10200
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF LOMA LINDA
AND
CITY OF SAN BERNARDINO
AND
j INLAND VALLEY DEVELOPMENT AGENCY
i
FOR
I
RIGHT OF WAY AND CONSTRUCTION PHASES FOR THE
I-10 TIPPECANOE AVENUE INTERCHANGE
THIS AGREEMENT is made and entered into this day of by
and between the San Bernardino County Transportation Authority(hereinafter referred to
as "AUTHORITY"), the City of Loma Linda (herein referred to as "CITY OF LOMA
LINDA"), the City of San Bernardino (herein referred to as "CITY OF SAN
BERNARDINO'), and the Inland Valley Development Agency (herein referred to as
"IVDA"), and each sometimes hereinafter referred to, individually, as a "PARTY," and
collectively, as"PARTIES".
RECITALS
WHEREAS, the PARTIES desire to proceed with the 1-10 Tippecanoe Avenue
Interchange Improvement Project(hereinafter referred to as "PROJECT); and
WHEREAS, the PROJECT is located partially within the incorporated area of CITY OF
LOMA LINDA and partially within the incorporated area of CITY OF SAN
BERNARDINO, and will be of mutual benefit to CITY OF LOMA LINDA and the
CITY OF SAN BERNARDINO;and
WHEREAS, the IVDA is a Joint Powers Authority entity that is responsible for the
redevelopment of the non-aviation portion of the San Bernardino International Airport,
and the PROJECT will improve freeway access to and from the San Bernardino
International Airport and will be of benefit to the IVDA; and
C 10200 Page 1 of 9
WHEREAS, the PARTIES desire to set forth funding responsibilities and obligations of
AUTHORITY, CITY OF LOMA LINDA, CITY OF SAN BERNARDINO, and IVDA for the
Right of Way phase, hereinafter referred to as "ROW", and Construction phase for the
PROJECT; and
WHEREAS, ROW and Construction costs includes support costs and capital costs; and
WHEREAS, the total cost of ROW and Construction is estimated at $70,508,000; and
WHEREAS, $33,684,000 of Federal funds have been earmarked for ROW and Construction,
leaving a remainder estimated at $36,824,000, hereinafter referred to as "remaining balance" to
be funded by the PARTIES; and
WHEREAS, the PARTIES agree to establish the funding share of the remaining balance between
the PARTIES; and
WHEREAS, the local agency share will be 34.6% of the remaining balance and AUTHORITY
share will be 65.4%of the remaining balance; and
WHEREAS, the local agency share will be divided equally between CITY OF LOMA LINDA,
CITY OF SAN BERNARDINO, and IVDA; and
NOW, THEREFORE, AUTHORITY, CITY OF LOMA LINDA, CITY OF SAN
BERNARDINO, and IVDA agree to the following:
SECTION I
AUTHORITY AGREES:
1. That it is responsible for the AUTHORITY share as detailed in Table 1 (I-10
Tippecanoe Avenue Interchange Funding Plan). AUTHORITY share is a not to
exceed obligation based on the current cost of ROW and Construction, and
AUTHORITY may not exceed this obligation unless AUTHORITY obtain the necessary
budget amendment authorization from its governing body and a written amendment to
this Agreement is executed by the PARTIES.
2. To be responsible for its own administrative and management costs for this PROJECT.
3. To independently develop its funding plan for its share of ROW and Construction costs,
execute funding agreements, and secure funds for this PROJECT.
4. To act as the lead agency for the ROW and Construction phase of the PROJECT.
R10200 Page 2 of 9
5. To submit to each PARTY, on a monthly basis, an itemized accounting of actual ROW
and Construction costs billed to that PARTY for that month.
6. To include the CITY OF LOMA LINDA, CITY OF SAN BERNARDINO, and IVDA in
Project Development Team (PDT) meetings and related communications on PROJECT
progress and to provide at least quarterly schedule updates to the CITY OF LOMA
LINDA, CITY OF SAN BERNARDINO, and IVDA.
7. To maintain a records and accounting system and shall submit a final report of
expenditures to CITY OF LOMA LINDA, CITY OF SAN BERNARDINO, and IVDA at
the closeout of the PROJECT.
SECTION 11
CITY OF LOMA LINDA AGREES:
1. That it is responsible for one-third (33.3%) of the local agency share of ROW and
Construction Costs as detailed in Table 1 (I-10 Tippecanoe Avenue Interchange
Funding Plan). CITY OF LOMA LINDA share is a not to exceed obligation based
on the current cost of ROW and Construction, and CITY OF LOMA LINDA may not
exceed this obligation unless CITY OF LOMA LINDA obtain the necessary budget
amendment authorization from its governing body and a written amendment to this
Agreement is executed by the PARTIES.
2. To be responsible for its own administrative and management costs for the
PROJECT.
3. To independently develop its funding plan for its share of ROW and Construction
costs, execute other funding agreements, and secure funds.
4. To review and comment on AUTHORITY's invoice for ROW and Construction costs
as described in Section 1, Article 5 within 15 days of receipt of the invoice package ,
which shall include all back up and support materials required to substantiate the
invoice. The CITY OF LOMA LINDA shall make payments to AUTHORITY within
thirty (30) working days after receipt of invoice via electronic fund transfer (EFT),
deposited directly into AUTHORITY's designated checking or other account.
5. Designate a qualified representative who shall have the authority to discuss and
resolve issues concerning PROJECT ROW and Construction with AUTHORITY.
6. To abide by all Federal, State and AUTHORITY laws, regulations, policies and
procedures pertaining to the PROJECT.
R10200 Page 3 of 9
7. Should CITY OF LOMA LINDA fail to reimburse moneys due the AUTHORITY
within (30) days of demand, or within such other period as may be agreed between
both parties, the AUTHORITY reserves the right to withhold future payments due
CITY OF LOMA LINDA from any source under the AUTHORITY's control.
8. CITY OF LOMA LINDA shall cooperate fully with AUTHORITY in order to
complete the ROW and Construction phases of this PROJECT.
SECTION III
CITY OF SAN BERNARDINO AGREES:
1. That it is responsible for one-third (33.3%) of the local agency share of ROW and
Construction costs as detailed in Table 1 (I-10 Tippecanoe Avenue Interchange
Funding Plan). CITY OF SAN BERNARDINO share is a not to exceed obligation
based on the current cost of ROW and Construction, and CITY OF SAN
BERNARDINO may not exceed this obligation unless CITY OF SAN
BERNARDINO obtain the necessary budget amendment authorization from its
governing body, and a written amendment to this Agreement is executed by the
PARTIES.
2. To be responsible for its own administrative and management costs for the
PROJECT.
3. To independently develop its funding plan for its share of ROW and Construction
costs, execute other funding agreements, and secure funds for the PROJECT.
4. To review and comment on AUTHORITY's invoice for ROW and Construction costs
as described in Section 1, Article 5 within 15 days of receipt of the invoice package,
which shall include all back up and support materials required to substantiate the
invoice. The CITY OF SAN BERNARDINO shall make payments to the
AUTHORITY within thirty (30) working days after receipt of invoice via EFT,
deposited directly into AUTHORITY's designated checking or other account.
5. Designate a qualified representative who shall have the authority to discuss and
resolve issues concerning PROJECT ROW and Construction with AUTHORITY.
6. To abide by all Federal, State and AUTHORITY laws, regulations, policies and
procedures pertaining to the PROJECT.
R10200 Page 4 of 9
7. Should CITY OF SAN BERNARDINO fail to reimburse moneys due the
AUTHORITY within (30) days of demand, or within such other period as may be
agreed between both parties, the AUTHORITY reserves the right to withhold future
payments due CITY of SAN BERNARDINO from any source under the
AUTHORITY's control.
8. CITY OF SAN BERNARDINO shall cooperate fully with AUTHORITY in order to
complete the ROW and Construction phases of this PROJECT.
SECTION IV
INLAND VALLEY DEVELOPMENT AGENCY AGREES:
I. IVDA is responsible for one-third (33.3%) of the local agency share of ROW and
Construction costs as detailed in Table 1 (I-10 Tippecanoe Avenue Interchange
Funding Plan) and IVDA share is a not to exceed obligation based on the current
cost of ROW and Construction. IVDA may not exceed this obligation unless IVDA
obtain the necessary budget amendment authorization from its governing body, and a
written amendment to this Agreement is executed by the PARTIES.
2. To be responsible for its own administrative and management costs for the
PROJECT.
3. To independently develop its funding plan for its share of ROW and Construction
costs, execute other funding agreements, and secure funds for the PROJECT.
4. To review and comment on AUTHORITY's invoice for ROW and Construction costs
as described in Section 1, Article 5 within 15 days of receipt of the invoice package,
which shall include all back up and support materials required to substantiate the
invoice. IVDA shall make payments to the AUTHORITY within thirty (30) working
days after receipt of invoice via electronic fund transfer (EFT), deposited directly into
AUTHORITY's designated checking or other account.
5. Designate a qualified representative who shall have the authority to discuss and
resolve issues concerning PROJECT ROW and Construction with AUTHORITY.
6. To abide by all Federal, State and AUTHORITY laws, regulations, policies and
procedures pertaining to the PROJECT.
7. Should IVDA fail to reimburse moneys due the AUTHORITY within (30) days of
demand, or within such other period as may be agreed between both parties hereto,
the AUTHORITY reserves the right to withhold future payments due IVDA from any
source under the AUTHORITY's control.
R10200 Page 5 of 9
8. IVDA shall cooperate fully with AUTHORITY in order to complete the ROW and
Construction phases of this PROJECT.
SECTION V
IT IS MUTUALLY AGREED:
1. The above Recitals are true and correct.
2. The Total Cost estimate for PROJECT ROW and Construction(refer to Table 1) is an
"estimate"to be used for budgetary and planning purposes and that there is a potential
for cost increases or decreases.
3. Eligible PROJECT reimbursements shall include only those costs incurred by
AUTHORITY for PROJECT-specific work activities and shall not include escalation,
interest, or other fees.
4. Severability— If any term, provision, covenant, or condition of this Agreement is held
to be invalid, void, or otherwise unenforceable, to any extent, by any court of
competentjurisdiction, the remainder of this Agreement shall not be affected thereby,
and each term, provision, covenant or condition of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
5. Assignment — Neither this Agreement, nor any of the PARTIES rights, obligations,
duties, or authority hereunder may be assigned in whole or in part by either Party
without the prior written consent of the other Party in its sole, and absolute,
discretion. Any such attempt of assignment shall be deemed void and of no force and
effect.
6. Governing Law—The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
7. Waiver — No waiver of any default shall constitute a waiver of any other default
whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
8. Attorneys Fees — If any legal action is instituted to enforce or declare any Party's
rights hereunder, each Party, including the prevailing Party, must bear its own costs
and attorneys' fees. This paragraph shall not apply to those costs and attorneys fees
directly arising from any third party legal action against a Party hereto and payable
under the indemnification provisions of this Agreement.
9. Neither each Party nor any officer or employee thereof is responsible for any injury,
Q damage or liability occurring by reason of anything done or omitted to be done by
AUTHORITY under or in connection with any work, authority or jurisdiction
conferred upon AUTHORITY and arising under this Agreement. It is understood and
R 10200 Page 6 of 9
agreed that AUTHORITY shall fully defend, indemnify and save harmless each Party
and all its officers and employees from all claims, suits or actions of every name, kind
and description brought forth under this Agreement or occurring by reason of
anything done or omitted to be done by AUTHORITY under this Agreement.
10. Neither each Party nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CITY OF LOMA LINDA under or in connection with any work, authority or
jurisdiction conferred upon CITY OF LOMA LINDA and arising under this
Agreement. It is understood and agreed that CITY OF LOMA LINDA shall fully
defend, indemnify and save harmless each Party and all its officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under this Agreement or occurring by reason of anything done or omitted to be done
by CITY OF LOMA LINDA under this Agreement.
11. Neither each Party nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CITY OF SAN BERNARDINO under or in connection with any work, authority or
jurisdiction conferred upon CITY OF SAN BERNARDINO and arising under this
Agreement. It is understood and agreed that CITY OF SAN BERNARDINO shall
fiilly defend, indemnify and save harmless each Party and all its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under this Agreement or occurring by reason of anything done or
omitted to be done by CITY OF SAN BERNARDINO under this Agreement.
(` 12. Neither each Party nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
IVDA under or in connection with any work, authority or jurisdiction conferred upon
IVDA and arising under this Agreement. It is understood and agreed that IVDA shall
fully defend, indemnify and save harmless each Party and all its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under this Agreement or occurring by reason of anything done or
omitted to be done by IVDA under this Agreement.
13. In the event a PARTY is found to be comparatively at fault for any claim, action, loss
or damage which results from its obligations under this Agreement, such PARTY
shall indemnify the other PARTIES to the extent of its comparative fault.
14. This Agreement shall terminate upon completion of PROJECT ROW and
Construction obligations of AUTHORITY, the delivery of required PROJECT
documents to each Party, and the payment of all funds to AUTHORITY by all
PARTIES or on June 28, 2014, whichever is earlier in time, except that the
indemnification provisions shall remain in effect until terminated or modified, in
writing, by mutual agreement. Should any claims arising out of PROJECT be
asserted against one of the PARTIES, the PARTIES agree to extend the fixed
termination date of this Agreement, until such time as the claims are settled,
dismissed or paid.
R10200 Page 7 of 9
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