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HomeMy WebLinkAbout20- Public Works ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert Eisenbeisz, City Engineer Subject: Resolution approving Jurisdiction Master Agreement No. C10254 with the San Dept: Public Works Bernardino County Transportation Authority and the City of San Bernardino for partial Date: September 28, 2010 funding of eligible projects from Measure I 2010-2040 revenues identified in Measure I File: 6.44-1 2010-2040 Strategic Plan's Valley Major Street Program-Arterial Sub-Program. MCC:November 1, 2010 Synopsis of Previous Council Action: 06/30/10- F'y 2010/11 5 Year Capital Improvement Program was adopted. Recommended Motion: Adopt Resolution. JF�1_ 44 Robert Eisenbeisz Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Table 1, Reso, Ward(s): All Jurisdiction Master Agreement FUNDING REQUIREMENTS: Amount: 32.4% of Project Cost Source: Regional Circulation System Fee Fund (Fund 264) Acct. Description: Finance: Council Notes: Agenda Item No. I�-01-2010 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Jurisdiction Master Agreement No. C10254 with the San Bernardino County Transportation Authority and the City of San Bernardino for partial funding of eligible projects from Measure 12010-2040 revenues identified in Measure 12010-2040 Strategic Plan's Valley Major Street Program-Arterial Sub-Program. Background: The San Bernardino County Transportation Authority, also known as the San Bernardino Associated Governments (SANBAG), has requested the execution of an annual Jurisdiction Master Agreement with the City of San Bernardino for the reimbursement of the public share of eligible expenditures with Measure I 2010-2040 Major Street Program-Arterial Sub-Program funds up to the annual funds allocation amount. The Jurisdiction Master Agreement is in accordance with the policies in the Measure I 2010-2040 Strategic Plan. The Measure 12010- 2040 Strategic Plan identified the Valley Major Street Program-Arterial Sub-program's eligible projects for partial funding from Measure 12010-2040 revenues. The City of San Bernardino's share of the cost will be 32.4% of total eligible project expenses, which represents the development share. This cost is expected to be funded by new development through the Regional Circulation System Fee Fund. The remaining 67.6% of total eligible expenses will be reimbursed by SANBAG under the Valley Major Street Program-Arterial Sub- Program. SANBAG agrees to reimburse the City within 30 days after the submission of signed invoices with applicable documentation. Only eligible project-specific work activities as set forth in the attachment that conform to the SANBAG Nexus Study and are included in the first two years of the City's current Capital Project Needs Analysis will be eligible for reimbursement with Measure I Major Street Program- Arterial Sub-Program funds. SANBAG staff expects the Jurisdiction Master Agreement to be approved by the Plans and Programs Committee and the SANBAG board by November 2010, after which reimbursement of eligible project costs can commence. Financial Impact: The summary of the expenditure/allocation of Measure I Arterial Sub Program is illustrated in Table 1 as attached. The City's portion of the cost for individual projects will be covered by the Regional Circulation System Fee Fund identified in the FY 2010/2011 Capital Improvement Program which is also depicted in Table 1. Recommendation: Adopt Resolution. 2 10/14/2010 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT(Continued) Attachments: Table 1 Resolution Jurisdiction Master Agreement 3 � § — C) 4) a . 2 0 q , . 0 . 0 2 E @ % ® / w 2 0 X = N p c ? k . � D o t 2 0 2 M J k C a @ 2 3 it C%j L CV) ! c _ u LO M _ § 2 , m .■ � o 2 o ! @ « « , � � « — E co 2 2 ] E § LL � n j } 2 E Z « 0 0 0 @ _ @ G_ E � R 2 ) £ A S m \ k & a ) 2 J 2 2 o 0 ? 2 ! o c ._� % ® � C % R ■ q m r- 04 ] X 0 9 � } 2 - 2 � ) O C) C) C) 2 2 C) C4 j 7 2 % © ] U U @ m ¥ q L (0 cyi ] � � E � S ® Co ] 2 d ~ 0 o ] u2 eo 3 ' o I CD ) ƒ U ? 2 ? j 2 U) m U) co ) _@ } _ƒ } t U) ) > l ] k 7 } & a , i a RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 2 JURISDICTION MASTER AGREEMENT NO. C10254 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO 3 FOR PARTIAL FUNDING OF ELIGIBLE PROJECTS FROM MEASURE 1 2010-2040 4 REVENUES IDENTIFIED IN MEASURE I 2010-2040 STRATEGIC PLAN'S VALLEY MAJOR STREET PROGRAM-ARTERIAL SUB-PROGRAM. 5 WHEREAS, the San Bernardino County Transportation Authority (SANBAG) has 6 requested that the City of San Bernardino (CITY) execute the Jurisdiction Master Agreement, 7 8 attached hereto as Exhibit"A" and made a part hereof, defining the obligations of SANBAG and 9 CITY with respect to the reimbursement of eligible project costs in accordance with the Measure 10 12010-2040 Strategic Plan. 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 12 OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The City Manager is hereby authorized and directed to execute said 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 18 19 20 21 22 23 24 25 26 c� 27 28 - 1 - RESOLUTION ... APPROVING JURISDICTION MASTER AGREEMENT NO. 1 C10254 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO FOR PARTIAL FUNDING OF ELIGIBLE 2 PROJECTS FROM MEASURE 12010-2040 REVENUES IDENTIFIED IN MEASURE I 3 2010-2040 STRATEGIC PLAN'S VALLEY MAJOR STREET PROGRAM-ARTERIAL SUB-PROGRAM. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held 6 7 on the day of , 2010,by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 Rachel Clark, City Clerk 19 The foregoing resolution is hereby approved this day of , 2010. 20 21 22 Patrick J. Morris,Mayor City of San Bernardino 23 Approved as to form: 25 JAMES k PENMAN, 26 City Attorney 27 28 - 2 - EXHIBIT "A" JURISDICTION MASTER AGREEMENT NO. C10254 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO THIS AGREEMENT is made and entered into this day of by and between the San Bernardino County Transportation Authority (hereinafter referred to as"SANBAG")and the City of San Bernardino (hereinafter referred to as "CITY"). WITNESSETH WHEREAS, the Measure I 2010-2040 Strategic Plan identified Valley Major Street Program-Arterial Sub-program projects eligible f o r partial funding f r o m Measure I 2010- 2040 revenues; and WHEREAS, this Jurisdiction Master Agreement is to be carried out in accordance with the policies in the Measure 12010-2040 Strategic Plan; and WHEREAS, SANBAG has determined that these PROJECTS (Attachment A) are included in the SANBAG Development Mitigation Nexus Study Capital Project Needs Analysis; and WHEREAS, SANBAG will reimburse CITY for the public share of eligible PROJECT expenditures with Measure I 2010-2040 Major Street Program- Arterial Sub-program funds up to the annual fund allocation amount(Attachment B) ; NOW, THEREFORE, SANBAG and CITY agree to the following: SECTION I SANBAG AGREES: 1. To reimburse CITY, as provided in Section III, within 30 days after CITY submits to SANBAG an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurred by CITY,consistent with the invoicing requirements of the Measure I EXHIBIT"A" 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SANBAG as frequently as monthly. 2. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SANBAG when planning and conducting additional audits. 3. SANBAG shall assign a project liaison for purposes of coordinating project activities and invoice review. SECTION II CITY AGREES: 1. Only eligible PROJECT-specific work activities, as set forth in Attachment A to this Agreement, that conform to the SANBAG Nexus Study and are included in first two years of the current Capital Project Needs Analysis (CPNA) will be eligible for reimbursement with Measure I Major Street Program-Arterial Sub-program funds. 2. To prepare and submit to SANBAG an original and two copies of signed invoices for reimbursement of those eligible PROJECT expenses according to Attachment A. Invoices may be submitted to SANBAG as frequently as monthly,up the allocation limit specified in Attachment B. 3. To repay to SANBAG any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within ninety (90) days of CITY receiving notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the finding. Should the finding not be otherwise resolved and CITY fail to reimburse moneys due SANBAG within ninety (90) days of audit finding, or within such other period as may be agreed between both parties hereto, the SANBAG Board reserves the right to withhold future payments due CITY from any source under SANBAG's control. 4. To provide 32.4% share of total eligible PROJECT expenses, which represents the development share. 5. To maintain all source documents, books and records connected with its performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SANBAG or until audit EXHIBIT"A" resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SANBAG. Copies will be made and furnished by CITY upon request, 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT 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 copies of which report shall be submitted to SANBAG, must state that these PROJECT funds were used in conformance with this Agreement and for those PROJECT-specific work activities described. 8. To have a PROJECT-specific audit completed by SANBAG, at SANBAG's option, upon completion of the PROJECT. The audit must state that all funds expended on the PROJECT were used in conformance with this Agreement. 9. To include SANBAG 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 SANBAG. SANBAG shall assign a project liaison for the purpose of attending PDT meetings. 10. As an eligible PROJECT expense, to post signs when PROJECT begins at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of San Bernardino Associated Governments and City of San Bernardino. SECTION III IT IS MUTUALLY AGREED: 1. To abide by all applicable federal, state and local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the date of execution of this agreement. EXHIBIT"A" 2. SANBAG's financial responsibility shall be 67.56% of actual cost for eligible PROJECT expenditures, up to the allocation limit specified in Attachment B. An estimate of costs for each PROJECT PHASE is provided in Attachment A. 3. CITY may be reimbursed in a subsequent fiscal year for expenditures in excess of the allocation limit for the current fiscal year, based on invoices for eligible PROJECT expenditures. SANBAG retains the option to reimburse CITY no more than 50% of the public share of excess expenditures for the current fiscal year within the first six months of the subsequent fiscal year, with the remaining 50% to be reimbursed in the second six months of the fiscal year. SANBAG shall inform the jurisdiction within 30 days of receipt of an invoice for the excess expenditures, if it chooses to exercise that option. 4. If CITY does not expend funds up to the allocation limit in Attachment B within the current fiscal year, the unused portion may be applied to eligible PROJECT expenditures in the subsequent fiscal year, in addition to the allocation limit for the subsequent year. A cumulative allocation limit will be maintained in Attachment B. The cumulative allocation limit will be reconciled against the CPNA submittals beginning with the submittals for Fiscal Year 2012/2013 and adjusted, as appropriate, in the apportionment and allocation process beginning that fiscal year. 5. Eligible PROJECT reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities. 6. Neither 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 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 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. CITY's indemnification obligation applies to SANBAG's "passive" negligence but does not apply to SANBAG's "sole negligence" or"willful misconduct"within the meaning of Civil Code Section 2782. CITY and SANBAG are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement. EXHIBIT"A" 7. 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 SANBAG. 8. The terms of this Agreement represent the consent of the CITY to provide the full development share for the PROJECT required by the SANBAG Nexus Study and that failure to contribute the development share according to the terms of this agreement does not obligate SANBAG to provide supplemental funds or otherwise remedy that failure. SANBAG may terminate this agreement if the CITY fails to perform according to the terms of this Agreement and if this failure jeopardizes the delivery of the PROJECT according to the terms herein. 9. SANBAG shall track the CITY equitable share of the Valley Arterial Sub- program, including adjustments for the time-value of money based on time of apportionment of Measure I funds,per Strategic Plan Policy 40001NS-1. EXHIBIT"A" JURISDICTION MASTER AGREEMENT NO. C10254 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO San Bernardino County City of San Bernardino Transportation Authority co-Dv OPY By. By: C. Charles E. McNeely President, SANBAG Board of City Manager Directors Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM: PROCEDU B : py B . COD.:. Y Y Jean-Rene Basle James F. Penman SANBAG County Counsel City Attorney Date: Date: EXHIBIT"A" Attachment A Project(s) Eligible for Expenditure/Reimbursement of MI Valley Arterial Funds for the City of San Bernardino ($1,000s) 40th St Widen 40th St from Acre Ln to Electric Ave from 2 to 4 lanes Total Project Cost: $3,264,000 Total Cost of Phase(s) in CPNA: $1,224,000 Eligible Public Share: $827,424 Nexus Study Fair Share: 32.4% Phase Prior FY10/11 FY11/12 Total Project Dev/Environ Doc(PA&ED) MI Valley Arterial $ 124.38 $ - $ - $ 124.38 Development Fees $ 59.62 $ - $ - $ 59.62 Plans, Specifications and Estimates(PS&E) MI Valley Arterial $ 338.00 $ - $ - $ 338.00 Development Fees $ 162.00 $ - $ - $ 162.00 Right of Way Acquisition (ROW) MI Valley Arterial $ - $ - $ 365.04 $ 365.04 Development Fees $ - $ - $ 174.96 $ 174.96 Construction (CONST) MI Valley Arterial $ - $ - $ - $ - Development Fees $ - $ - $ - $ - Total Project MI Valley Arterial $ 462.38 $ - $ 365.04 $ 827.42 Development Fees $ 221.62 $ - $ 174.96 $ 396.58 EXHIBIT"A" Mt Vernon Ave Mt Vernon Ave Bridge Replacement Total Project Cost: $42,774,000 Total Cost of Phase(s) in CPNA: $21,231,000 Eligible Public Share: $2,065,850 Nexus Study Fair Share: 32.4% Phase Prior FY10/11 FY11/12 Total Project Dev/Environ Doc(PA&ED) MI Valley Arterial $ 479.96 $ - $ - $ 479.96 Development Fees $ 230.04 $ - $ - $ 230.04 Fed HBP $ 75.00 $ $125.00 $ - $ 200.00 Plans, Specifications and Estimates (PS&E) MI Valley Arterial $ - $ 271.75 $ - $ 271.75 Development Fees $ - $ 130.25 $ - $ 130.25 Fed HBP $ - $ 3,098.00 $ - $ 3,098.00 Right of Way Acquisition (ROW) MI Valley Arterial $ - $ - $ 77.74 $ 77.74 Development Fees $ - $ - $ 37.26 $ 37.26 Fed HBP $ - $ - $ 885.00 $ 885.00 Construction (CONST) MI Valley Arterial $ - $ - $ - $ - Development Fees $ - $ - $ - $ - Fed HBP $ - $ - $ - $ - Total Project MI Valley Arterial $ 479.96 $ 271.75 $ 77.74 $ 829.45 Development Fees $ 230.04 $ 130.25 $ 37.26 $ 397.55 Fed HBP $ 75.00 $ 3,223.00 $ 885.00 $ 4,183.00 EXHIBIT"A" State St Widen State St from Foothill Blvd to 16th St from 0 to 4 lanes Total Project Cost: $25,584,000 Total Cost of Phase(s) in CPNA: $5,194,000 Eligible Public Share: $2,463,340 Nexus Study Fair Share: 32.4% Phase Prior FY10/11 FY11/12 Total Project Dev/Environ Doc(PA&ED) MI Valley Arterial $ 638.14 $ - $ - $ 638.14 Development Fees $ 305.86 $ - $ - $ 305.86 Plans, Specifications and Estimates (PS&E) MI Valley Arterial $ 540.80 $ 608.40 $ - $ 1,149.20 Development Fees $ 259.20 $ 291.60 $ - $ 550.80 Right of Way Acquisition (ROW) Demo Funds $ - $ - $ 1,550.00 MI Valley Arterial $ - $ - $ 676.00 $ 676.00 Development Fees $ - $ - $ 324.00 $ 324.00 Construction (CONST) MI Valley Arterial $ - $ - $ - $ - Development Fees $ - $ - $ - $ - Total Project Demo Funds $ - $ - $ 1,550.00 $ 1,550.00 MI Valley Arterial $ 1,178.94 $ 608.40 $ 676.00 $ 2,463.34 Development Fees $ 565.06 $ 291.60 $ 324.00 $ 1,180.66 e EXHIBIT"A" Attachment B Allocation Limit and Program Accounting of MI Valley Arterial Funds for the City of San Bernardino Allocation/Reimbursements Amount FY 10/11 MI Valley Arterial Allocation $ 501,730.00 FY 10/11 Projected Prior Adv Exp Reimbursement $ 501,730.00 FY 10/11 Projected New MI Expenditures $ 880,150.00 FY 10/11 Projected New MI Adv Expenditures $ 880,150.00 Additional Programming Capacity $ - Cumulative Allocation $ 501,730.00 Cumulative Reimbursements" $ - Outstandin Unreimb Advance Expenditures $ 2,499,700.00 *Includes both reimbursed project and advance expenditures.