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HomeMy WebLinkAbout08.H- Public Works RESOLUTION (ID# 1897) DOC ID: 1897 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 07/16/2012 Prepared by: Byron Montalvo, (909) 384- 5140 Dept: Public Works Ward(s): 6 Subject: Resolution approving a Construction Cooperative Agreement with San Bernardino County Transportation Authority Required to Construct a Grade Separation at Palm Avenue and Burlington Northern Santa Fe Railway(BNSF). Financial Impact: Future costs will be budgeted in the City's Five-Year Capital Improvement Program,using funding from the Regional Circulation Fee Fund,Measure I Fund, and/or HUTA(Gas Tax) Fund. Motion: Adopt Resolution. 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 (CALTRANS) and the San Bernardino Associated Governments (SANBAG) for the Palm Avenue/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(SANBAG). 10/06/08 Resolution No. 2008-378 adopted approving a Cooperative Agreement No. CO82202 with SANBAG to provide services related to Project Approval and Environmental Document (PA&ED), and Plans, Specification and Estimate (PS&E) for a grade separation at Palm Avenue over the BNSF Railroad. 05/17/11 Resolution No. 2011-108 adopted approving a 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 BNSF Railroad. Background: Updated: 7/12/2012 by Georgeann"Gigi"Hanna B Packet Pg. 914 1897 On April 10, 2008, the California Transportation Commission (CTC) earmarked $9,390,000 in Proposition 1B Trade Corridor Improvement Funds (TCIF) 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), is currently working on the project. This project is needed to reduce delays and congestion caused by high train volumes at the crossing. In future years, train traffic growth is expected and will result in additional delays and congestion. The TCIF funding opportunity recently became available as a component of Proposition 113; however, the funding is contingent upon the project's readiness and its timely delivery. Staff has been working with SANBAG to position this project as one of seven in the County to receive the first allocation of TCIF funding. Four agreements with SANBAG have previously been approved for this project as indicated in the following summary: 1. Project Baseline Agreement No. C09021 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). 4. Cooperative Agreement No. C11180 with the San Bernardino County Transportation Authority and the San Bernardino County Transportation Commission to provide Right- of-Way services. Updated: 7/12/2012 by Georgeann"Gigi"Hanna B PacketPg. 915 1897 '^ The following table is a summary of the total estimated project costs: Project Phase City of S.B. SANBAG Total PA&ED and PS&E-Reso.No.2008-378 $1,012,392 $3,232,708 $4,245,100 R.of W. Services-Reso.No.2011-108 $1,215,000 $7,105,000 $8,320,000 Construction $2,219,200 $12,980,800 $15,200,000 Grand Total $4,446,592 $23,318,508 $27,765,100 The plans, specifications and estimate phase and the right-of-way phase are nearing completion and SANBAG is preparing to begin the construction phase. A new agreement is needed to specify the roles and responsibilities and to address cost sharing of both parties for the construction phase of this project. SANBAG has submitted the attached Grade Separation Construction Cooperative Agreement (Contract No. C12241) for the City's approval. The total estimated cost of the construction phase is $15,200,000. SANBAG's share is approximately $12,980,800 and the City's share of the construction phase cost is approximately $2,219,200. In the event that construction costs exceed the estimated amount, this agreement will need to be amended accordingly and approved by both parties. Construction is expected to commence in May/June of 2013 and take approximately 21 months to complete. An additional year will be required to complete construction close-out activities and transfer the acquired easements to the City. City Attorney Review: Suanortine Documents: Vicinity Map (PDF) reso 1897 (PDF) agrmt 1897 (PDF) Updated:7/12/2012 by Georgeann"Gigi"Hanna B ------------------------------------------------------------------------------------------------------- a.r 1 � NARp, City of San Bernardino, California 4� Public Works DepartmentlEngineering Division o Z CIP No. SSO4-053 I V I o THOMAS BROS MAP 545 -H-3, H-4 PALM A VENUE GRADE I I SEPARA TION I a I m Over the BNSF Railroad N I •� I C PROJECT LOCATION War J I � a I rK44L4PlrK j \Y d P Y°Wr •P s \ ( Q l&MRP Al CL a P � I \` I � C ♦ v � PP` d *�trttrri49?. 1. � OtYY1TYYYlYmP.Yp. I I © VICINITY MAP � .............. N.T.S. I I I I I I L----------------------------------------------------------------------------------------------- I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. C12241 WITH THE SAN 3 BERNARDINO COUNTY TRANSPORTATION AUTHORITY TO PROVIDE CONSTRUCTION SERVICES FOR A GRADE SEPARATION AT PALM AVENUE 4 OVER THE BURLINGTON NOTHERN SANTA FE RAILROAD (CIP PROJECT NO. 5 SSO4-53). 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE i; CITY OF SAN BERNARDINO AS FOLLOWS: m 7 z SECTION 1. The City Manager is hereby authorized and directed to execute on behalf y 8 of the City, Cooperative Agreement No. C12241 with the San Bernardino County 9 m Transportation Authority to provide construction services for a Grade Separation at Palm d 10 Avenue over the BNSF Railroad (CIP Project No. SS04-53), attached and incorporated herein Q 11 > 12 as Exhibit"A." CL 0 O13 SECTION 2. The authorization to execute the above referenced Agreement is rescinded 0 14 if it is not executed within ninety(90)days of the passage of this resolution. co c 0 16 y v tr 17 ` m m 18 0 0 N d 19 ` c m 20 t v R 21 Q 22 23 24 25 I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. C12241 WITH THE SAN 2 BERNARDINO COUNTY TRANSPORTATION AUTHORITY TO PROVIDE 3 CONSTRUCTION SERVICES FOR A GRADE SEPARATION AT PALM AVENUE OVER THE BURLINGTON NOTHERN SANTA FE RAILROAD (CIP PROJECT NO. 4 SSO4-53). 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 a m 7 on the day of 2012,by the following vote,to wit: Z a s Council Members: AYES NAYS ABSTAIN ABSENT y .3 9 MARQUEZ 10 JENKINS m a It VALDIVIA 12 `m i ^ SHORETT o 13 v KELLEY 14 JOHNSON is MC CAMMACK ° 16 m 17 " r a w 18 Georgeann Hanna,City Clerk o 19 The foregoing resolution is hereby approved this day of 2012. d 20 s U 21 Patrick J. Morris,Mayor a 22 Approved as to form: City of San Bernardino 23 JAMES F. PENMAN, 24 City Attorney 25 By: '/ G1rwa PacketPg. 919 QCONSTRUCTION COOPERATIVE AGREEMENT NO. C12241 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO FOR c� GRADE SEPARATION CONSTRUCTION AT PALM AVENUE AND THE m BURLINGTON NORTHERN SANTA FE RAILWAY IN SAN BERNARDINO AREA a THIS AGREEMENT is effective on the "Effective Date" identified herein by and between the 3 San Bernardino County Transportation Authority (hereinafter referred to as "AUTHORITY"), and the City of San Bernardino (hereinafter referred to as "CITY"). AUTHORITY and CITY E are each a"Party" and collectively"Parties" herein. y L RECITALS: d WHEREAS, the SANBAG Nexus Study and the Measure I 2010-2040 Expenditure Plan a identify freeway interchange,major street,and rail-highway grade separation projects eligible for °o partial funding from Measure 12010-2040 revenues;and 0 WHEREAS, AUTHORITY and CITY intend to construct a grade separation at Patin Avenue and the Burlington Northern Santa Fe railway (BNSF) (hereinafter referred to as the "PROJECT"); and WHEREAS, the PROJECT is identified in the Measure 12010-2040 Expenditure Plan and is rn included in the SANBAG Nexus Study and will be carried out in accordance with the policies of the Measure 12010-2040 Strategic Plan; and r E t WHEREAS, the Parties desire to proceed with construction activities for the PROJECT, hereinafter referred to as "Construction Work'; and a WHEREAS, this Construction Cooperative Agreement ("Agreement") is intended to delineate the duties, and funding responsibilities of the Parties for the PROJECT Construction Work; and WHEREAS, CITY has requested and AUTHORITY agrees that AUTHORITY will be the lead agency to complete the Construction Work for the PROJECT; and NOW, THEREFORE,the Parties agree to the following: 1 C12241 Packet Pg. 920 SECTION I AUTHORITY RESPONSIBILITIES: 1. To be the lead agency for this PROJECT and to undertake and complete the Construction Work for the PROJECT as shown in Attachment A, herein incorporated into this Agreement, and subject to the following provision: a. To complete construction activities according to agreed upon standards and to turn over the completed project to the CITY for their ongoing responsibility and maintenance, which shall not unreasonably be withheld. a m 2. In accordance with the Measure I 2010-2040 Strategic Plan ("Strategic Plan"), be N responsible for 85.4 percent of the total eligible PROJECT Construction Work expenses s that are incurred by AUTHORITY for an amount not to exceed $12,980,800, subject to 3 paragraph I 1 of Section III. C E 3. To prepare and submit to CITY an original and two copies of signed invoices for 2 reimbursement of eligible PROJECT Construction Work expenses. Invoices shall be a submitted to CITY monthly. d 4. To abide by all AUTHORITY, CITY, State, and Federal laws, regulations, policies, and Q procedures pertaining to the PROJECT, °o U 5. To maintain all source documents, books and records connected with AUTHORITY's o 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, m 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 E written request. m 6. To establish and maintain an accounting system conforming_to Generally Accepted TY' c Accounting Principles (GAAP) to support AUTHORIs 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, a 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 Construction Work costs expended for those activities described in the work activities, and to submit that Report and invoice no later than 120 calendar days following the completion of those expenditures. The Final Report of Expenditures, an original and two 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. 2 C12241 Packet Pg. 921 Q8. To cooperate in having a PROJECT-specific audit completed by CITY, at CITY's option and expense, upon completion of the PROJECT Construction Work. The findings of the audit must indicate 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 a under CITY's control. m z 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. c d E d d SECTION II a CITY RESPONSIBILITIES: .R N CL 1. To reimburse AUTHORITY within 30 calendar days after AUTHORITY submits to CITY an original and two copies of the signed invoices in the proper form covering those actual eligible PROJECT Construction 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. E 2. In accordance with the Strategic Plan, be responsible for 14.6 percent share of the total rn eligible PROJECT Construction Work expenses incurred (see Attachment B) in an amount not to exceed$2,219,200 subject to paragraph 11 of Section I11. CITY shall have no further responsibilities to provide any additional funding beyond its specified cost s share in exceeding this amount without prior CITY approval. a 3. To abide by all AUTHORITY, CITY, State, and Federal laws, regulations, policies, and procedures pertaining to the PROJECT. 4. To accept the completed Project upon completion of Construction work and to be responsible for the facilities and their maintenance from this point forward. 3 C 12241 Packet Pg. 922 OSECTION III IT IS MUTUALLY AGREED: 1. If a federal appropriation or earmark is used for PROJECT Construction Work costs, application of those funds shall be consistent with SANBAG Policy 40001/VS-30. 2. The PROJECT Construction Work costs have been determined to be $15,200,000 (see Attachment B). 3. Eligible PROJECT Construction Work reimbursements shall include only those costs incurred by AUTHORITY for PROJECT Construction Work activities that are described in this Agreement and Attachment A and shall not include escalation or interest. a SANBAG Policy 40006/VMS 25 further defines eligible Construction Work regarding z excess land and applies to this Agreement. r 4. Any funds advanced by CITY for AUTHORITY's share towards eligible PROJECT 3 Construction Work costs shall be reconciled before completion of the construction phase of the PROJECT. d d 5. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, a or liability occurring or arising by reason of anything done or omitted to be done by ® AUTHORITY under or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement. It is understood and agreed that, pursuant to C Government Code Section 895.4, AUTHORITY shall fully defend, indemnify and save c0 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 under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement. E 6. Neither AUTHORITY 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 E 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, its officers and employees from all claims, suits or actions of every name, a 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. 7. CITY and AUTHORITY 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. 4 012241 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, 2017. 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, may assign additional resources to the PROJECT Construction Work to facilitate its timely completion. 11. In the event AUTHORITY determines PROJECT Construction Work may exceed the not to exceed amounts identified in this Agreement, AUTHORITY shall inform CITY of this m determination and thereafter the Parties shall work together in an attempt to agree upon c an amendment to the contribution amounts identified in this Agreement. In no event, U) however, shall any of the Parties be responsible for PROJECT Construction Work costs w in excess of the contribution amounts identified in this Agreement absent a written 3 amendment to this Agreement that is approved by all Parties. d E 12. This Agreement may be signed in counterparts, each of which shall constitute an m original. Q m 13. The "Effective Date" of this Agreement is the date in which AUTHORITY executes this Agreement. c #### o 0 U Cn m SIGNATURES ON FOLLOWING PAGE: r rn E rn m c m E L U R Q 5 C12241 Packet Pg. 924 SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO TRANSPORTATION AUTHORITY By: By: Janice Rutherford, President Andrea Travis-Miller Board of Directors Acting City Manager Date: Date: c� a m Z APPROVED AS TO FORM: APPROVED AS TO FORM: N s 3 By By. Pcijy.,` m Eileen Monaghan Teichert es F. Penman rn General Counsel 1ty Attorney o Date: Date: /I 2 D/L Q 0 0 U CONCURRENCE: n rn By: E Kathleen Murphy-Perez AUTHORITY Contracts Manager E s v m Q G C12241 . 925 Attachment A Construction Work for Palm Avenue Grade Separation Construction Work for the PROJECT includes, but not limited to,the following activities: 1. Provide construction management services including construction inspection, materials m testing, and surveying as required for the PROJECT. Z U) 2. All construction activity required to complete the project according to required standards y to turn over the project to the CITY. 3 G d E CLd d rn m m 0 0 0 U r m 00 rn m r E 0) C d E s v m Q 7 C12241 $.H.c Attachment B Project Funding Table Total estimated construction management costs for construction management, construction a materials testing and inspection, and construction surveying is $2,000,000. z Q N Total estimated construction capital costs including railroad work and any environmental mitigation expenses is $13,200,000. 3 C d Total estimated construction cost is $15,200,000. E m d The City of San Bernardino local fair share is 14.6 percent of eligible expenses incurred, with a Q not to exceed amount of$2,219,200. 2 The SANBAG share is 85.4 percent of eligible expenses incurred, with a not-to-exceed amount o of$12,980,800. C COU r rn n rn ro E tM t M m c m E t U 16 Q 8 C12241