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HomeMy WebLinkAbout2014-236 1 RESOLUTION NO. 2014-236 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 3 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. R10200 WITH THE 4 SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, THE CITY OF LOMA LINDA AND THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE 5 RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE I-10 TIPPECANOE AVENUE INTERCHANGE; AND AUTHORIZING THE DIRECTOR OF 6 ADMINISTRTIVE SERVICES TO AMEND THE FY 2013-14 BUDGET 7 ACCORDINGLY. 8 WHEREAS, on August 25, 2010, the City adopted Resolution No. 2010-281, 9 approving Cooperative Agreement No. R10200 with the San Bernardino County 10 Transportation Authority, the City of Loma Linda and the Inland Valley Development Agency 11 defining cost sharing for the right-of-way and construction phases for the I-10 Tippecanoe 12 Avenue Interchange; and 13 14 WHEREAS, the San Bernardino County Transportation Authority has requested that 15 the City execute the attached Amendment No. 1 to Cooperative Agreement No. R10200 with 16 the San Bernardino County Transportation Authority, the City of Loma Linda and the Inland 17 Valley Development Agency defining cost sharing for the right-of-way and construction 18 phases for the I-10 Tippecanoe Avenue Interchange. 19 20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 21 SECTION 1. The City Manager is hereby authorized and directed to execute said 22 23 Amendment No. 1 to Cooperative Agreement No. R10200 on behalf of the City, said 24 Amendment No. 1, being attached to this Resolution as Exhibit "A" and incorporated by this 25 reference as though fully set forth. 26 27 /// 28 2014-236 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 2 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. R10200 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, THE CITY OF 3 LOMA LINDA AND THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE 4 RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE I-10 TIPPECANOE AVENUE INTERCHANGE; AUTHORIZING THE DIRECTOR OF 5 ADMINISTRTIVE SERVICES TO AMEND THE BUDGET ACCORDINGLY. 6 SECTION 2. The authorization to execute the above-referenced Amendment is 7 rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this 8 resolution. 9 10 SECTION 3. The Director of Administrative Services is hereby authorized and 11 directed to amend the Fiscal Year 2013/2014 Budget to appropriate an additional $940,000 to 12 Capital Improvement Project No. SS11-008 (Account 264-160-7891-5504-0025) using 13 previously unallocated funds from the Regional Circulation System Fee Fund (Fund 264), for 14 a total budget amount of$1,790,000. 15 SECTION 4. The Director of Administrative Services is hereby authorized and 16 17 directed to establish an annual purchase order to San Bernardino Associated Governments in 18 an amount not to exceed $1,768,750 from Capital Improvement Project No. SS11-008 19 (Account 264-160-5504-7891-0025). 20 /// 21 /// 22 23 /// 24 25 26 27 28 2014-236 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 2 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. R10200 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, THE CITY OF 3 LOMA LINDA AND THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE 4 RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE I-10 TIPPECANOE AVENUE INTERCHANGE; AUTHORIZING THE DIRECTOR OF 5 ADMINISTRTIVE SERVICES TO AMEND THE BUDGET ACCORDINGLY. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor j 7 and Common Council of the City of San Bernardino at a oint regulameeting thereof, held 8 on the L6thday of June , 2014, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 BARRIOS x 13 VALDIVIA x 14 SHORETT x 15 NICKEL x 16 17 JOHNSON x 18 MULVIHILL 19 20 George., Hanna, Cit Clerk 21 The foregoing resolution is hereby approved this /7 da of June ' 2014. 22 23 24 R. CAREY DAVIS, Mayor City of San Bernardino 25 Approved as to form: 26 GARY D. SAENZ, City Attorney 27 A � By: , • 28 2014-236 AMENDMENT NO. 1 TO CONTRACT NO. R10200 BY AND BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY FOR RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE INTERSTATE 10 TIPPECANOE AVENUE INTERCHANGE This AMENDMENT No. 1 to Contract No. RI0200 is effective on the Effective Date as defined herein, by and between the San Bernardino Associated Governments acting as the San Bernardino County Transportation Authority ("AUTHORITY"), the City of Loma Linda ("CITY OF LOMA LINDA"), the City of San Bernardino ("CITY OF SAN BERNARDINO"), and the Inland Valley Development Agency ("IVDA") individually referred to as PARTY and collectively known as PARTIES. RECITALS: WHEREAS, AUTHORITY, CITY OF LOMA LINDA, CITY OF SAN BERNARDINO and IVDA entered into Contract No. R10200 ("Agreement") on August 25, 2010, to set forth responsibilities and obligations of each phase as they pertain to participation and funding of the Right-of-Way Work, including property acquisition, and Construction Work, including a four year plant establishment period as required by Caltrans, for the Interstate 10 ("I-10") Tippecanoe Avenue Interchange Project, located in the San Bernardino and Loma Linda area (hereinafter referred to as "PROJECT"); and WHEREAS, the Right-of-Way Phase is now estimated at$34,175,194; and WHEREAS, the Phase 1 Construction is now estimated at $17,653,270 and the Phase 2 Construction is now estimated at $19,245,815 and jointly the total cost of construction for Phase 1 and Phase 2 is estimated at $36,899,085; and WHEREAS, the final total buy down contribution is $46,452,370 consisting of $26,197,979 in federal earmark funds from various sources; $3,000,000 of Interregional Improvement Program R10200-1 Page 1 of5 2014-236 funds allocated by Caltrans, $10,000,000 of Corridor Mobility Improvement Account funds, and $2,660,053 in federal Surface Transportation Program funds in accordance with SANBAG Board action approved concurrently with this Amendment; and $4,594,337 in State Proposition 1B Trade Corridor Funds in accordance with the SANBAG Board approved action on March 5, 2014, resulting in a remaining balance of$24,621,909 to be funded by the PARTIES; and WHEREAS, the total project cost has increased from $70,508,000 to $71,074,279, but because of the addition of buy down funds to the project, the total project cost increase will not increase the total contribution of the PARTIES agreed to in the original Contract No. R10200; and WHEREAS, the PARTIES agree to amend Contract No. R10200 to allow flexibility to move allocated funds between phases as more precise cost information becomes available so long as the individual contribution amounts do not exceed the total amount approved by each PARTY. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the PARTIES agree as follows: 1. The AGREEMENT is amended in the following particulars: a. Amend Paragraph 1 of Section I (AUTHORITY AGREES)to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined AUTHORITY contribution (Total Public Share)to exceed $16,102,729." b. Amend Paragraph 1 of Section II (CITY OF LOMA LINDA AGREES) to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined CITY OF LOMA LINDA contribution to exceed $2,839,727." c. Amend Paragraph 1 of Section III (CITY OF SAN BERNARDINO AGREES) to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined CITY OF SAN BERNARDINO contribution to exceed $2,839,727." d. Amend Paragraph 1 of Section IV (INLAND VALLEY DEVELOPMENT AGENCY AGREES)to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined IVDA contribution to exceed $2,839,727." e. Remove and replace Paragraph 14 of Section V (MUTUALLY AGREED) with: R10200-1 Page 2 of 5 2014-236 "The Agreement shall terminate upon completion of all PROJECT Right-of-Way Work and Construction Work obligations of AUTHORITY, the delivery of the required PROJECT documents to each PARTY, and the payment of all funds to the AUTHORITY by all PARTIES, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any PARTY may terminate this Agreement at any time, with or without cause, by giving thirty (30) calendar days written notice to all the other Parties. In the event of a termination, the Party terminating this Agreement shall be liable for any costs or other obligations it may have incurred under the terms of the Agreement prior to termination." 2. Delete"Table 1" attached to Contract No. R10200 and replace it with "Table 1 —Amendment 1" which is attached to this Amendment No. 1 and by this reference incorporated herein. All references in the Agreement to Table 1 shall mean Table 1 —Amendment 1. 3. The Effective Date of this Amendment No 1 is the date that it is executed by the AUTHORITY. 4. Except as amended by this Amendment No. 1, all other provisions of Contract No. RI0200 shall remain in full force and effect. 5. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. 6. The Recitals are incorporated into the body of this Amendment No. 1. SIGNATURES ON FOLLOWING PAGE R10200-1 Page 3 of 5 2014-236 IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year below written, but effective as of the day and year first set forth identified herein. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF LOMA LINDA By: By: W. E. Jahn, President Rhodes "Dusty" Rigsby, Mayor Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM AND PROCEDURE: By: By: Eileen Monaghan Teichert SANBAG General Counsel Date: Date: CONCURRENCE: INLAND VALLEY DEVELOPMENT AGENCY By: By: Jeffery Hill AJ Wilson, Contract Administrator Executive Director Date: Date: CITY OF SAN "RNARDI► I APPROVED AS TO FORM AND PROCEDURE: By: pr R. Carey Davis, ayor By: Date: A/Pe/9 Date: APPROVED AS TO FORM: By: --62_1(\ ary b Saenz City Atto ney Date: R10200-1 Page 4 of 5 2014-236 ,M f T N 'd U , O O 2;, A _ 69 69 69 m : ,_ ' 8 8 V1 N o o U D :S w a, a '`g N g M ,j,-1 N 1 O F q d pp O 00 I E 69 Vi 69 69 O v1 1� '--i ti Q b D1 e > - N o0 vi w P A' V1 69 69 00 GO C SO N 6N A 'O ' tW O N N P 2 �,D �ro X L C' -Y, N CO N ro d h r V E N 0N p V- F 5 i m s s ° o o a `g ,^ N °° F o W s 3° N , a. 69 69 V 'D 1 E' t- M ro w d .° m M M G ° .fi c v A 3 u co CJ =°' 3 0, w .°off, v .-, 7 F 69 O 4 ' 1 ,`'0 O p y 0 U O (7 '' O O G C N `l pp L W V p 69 69 L Ny O ,.9i.Z V 1 T M M .1 L Z W D lO N G L • 4 'p v 0.. '9 N N 'g V ti N1 y O Z v w 8 8 O 6, g g p Z — M" U b" w • Z v1 54 -8 '" a • Eg U co u `i' ° co m [i W - oro" N H• g 3 _. . 54 64 .4 by w v "g N 0C on � v t° ° 2 E N V . y 5 co P" rn M ^w ° ¢ F: 69 54 69 69 'o 7 3 F b o ' .d o' .78 0 e ,. 0. w N o; � co 0 A ' — c .4 a., I V1 69 69 69 N v • y •�! U < F N ro C'2 4 54 59 69 69 ° �?• g C4 T-6 M O ON wN ro F w 21 g... 1.7.6 O '0 M L •� L7 'p ro G v b M u g g... 3 0 .N-i do' G E .L O N �pF 'OO 69 69 FA V1 = .�y . E A v O W N V b O. G V r t� d r = Q�cc ig .p�(J G lg M N On O a G k G° T, F V1 69 69 Vi H U ti y G ro V 3 cG ro O F FP N o 0. o r o s o ¢ ,.• ' F F Q V 0. U 0. N M or vi R10200-1 Page 5 of 5 2014-236 AMENDMENT NO. 1 TO CONTRACT NO. R10200 BY AND BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF LOMA LINDA AND THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY FOR RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE INTERSTATE 10 TIPPECANOE AVENUE INTERCHANGE This AMENDMENT No. 1 to Contract No. R10200 is effective on the Effective Date as defined herein, by and between the San Bernardino Associated Governments acting as the San Bernardino County Transportation Authority ("AUTHORITY"), the City of Loma Linda ("CITY OF LOMA LINDA"), the City of San Bernardino ("CITY OF SAN BERNARDINO"), and the Inland Valley Development Agency ("IVDA") individually referred to as PARTY and collectively known as PARTIES. RECITALS: WHEREAS, AUTHORITY, CITY OF LOMA LINDA, CITY OF SAN BERNARDINO and IVDA entered into Contract No. R10200 ("Agreement") on August 25, 2010, to set forth responsibilities and obligations of each phase as they pertain to participation and funding of the Right-of-Way Work, including property acquisition, and Construction Work, including a four year plant establishment period as required by Caltrans, for the Interstate 10 ("I-10") Tippecanoe Avenue Interchange Project, located in the San Bernardino and Loma Linda area (hereinafter referred to as "PROJECT"); and WHEREAS,the Right-of-Way Phase is now estimated at$34,175,194; and WHEREAS, the Phase 1 Construction is now estimated at $17,653,270 and the Phase 2 Construction is now estimated at $19,245,815 and jointly the total cost of construction for Phase 1 and Phase 2 is estimated at$36,899,085; and WHEREAS, the final total buy down contribution is $46,452,370 consisting of $26,197,979 in federal earmark funds from various sources; $3,000,000 of Interregional Improvement Program R10200-1 Page 1 of5 2014-236 funds allocated by Caltrans, $10,000,000 of Corridor Mobility Improvement Account funds, and $2,660,053 in federal Surface Transportation Program funds in accordance with SANBAG Board action approved concurrently with this Amendment; and $4,594,337 in State Proposition 1B Trade Corridor Funds in accordance with the SANBAG Board approved action on March 5, 2014, resulting in a remaining balance of$24,621,909 to be funded by the PARTIES; and WHEREAS, the total project cost has increased from $70,508,000 to $71,074,279, but because of the addition of buy down funds to the project, the total project cost increase will not increase the total contribution of the PARTIES agreed to in the original Contract No. R10200; and WHEREAS, the PARTIES agree to amend Contract No. RI0200 to allow flexibility to move allocated funds between phases as more precise cost information becomes available so long as the individual contribution amounts do not exceed the total amount approved by each PARTY. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the PARTIES agree as follows: 1. The AGREEMENT is amended in the following particulars: a. Amend Paragraph 1 of Section I (AUTHORITY AGREES)to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined AUTHORITY contribution (Total Public Share)to exceed $16,102,729." b. Amend Paragraph 1 of Section II (CITY OF LOMA LINDA AGREES) to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined CITY OF LOMA LINDA contribution to exceed $2,839,727." c. Amend Paragraph 1 of Section III (CITY OF SAN BERNARDINO AGREES) to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined CITY OF SAN BERNARDINO contribution to exceed $2,839,727." d. Amend Paragraph 1 of Section IV (INLAND VALLEY DEVELOPMENT AGENCY AGREES)to add the following: "The actual cost of a specific phase may ultimately vary from the estimates provided in Table 1; however, under no circumstances is the total combined IVDA contribution to exceed $2,839,727." e. Remove and replace Paragraph 14 of Section V (MUTUALLY AGREED)with: R10200-1 Page 2 of 5 2014-236 "The Agreement shall terminate upon completion of all PROJECT Right-of-Way Work and Construction Work obligations of AUTHORITY, the delivery of the required PROJECT documents to each PARTY, and the payment of all funds to the AUTHORITY by all PARTIES, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any PARTY may terminate this Agreement at any time, with or without cause, by giving thirty (30) calendar days written notice to all the other Parties. In the event of a termination, the Party terminating this Agreement shall be liable for any costs or other obligations it may have incurred under the terms of the Agreement prior to termination." 2. Delete "Table 1" attached to Contract No. R10200 and replace it with "Table 1 —Amendment 1" which is attached to this Amendment No. 1 and by this reference incorporated herein. All references in the Agreement to Table 1 shall mean Table 1 —Amendment 1. 3. The Effective Date of this Amendment No 1 is the date that it is executed by the AUTHORITY. 4. Except as amended by this Amendment No. 1, all other provisions of Contract No. R10200 shall remain in full force and effect. 5. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. 6. The Recitals are incorporated into the body of this Amendment No. 1. SIGNATURES ON FOLLOWING PAGE R10200-1 Page 3 of 5 2014-236 IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year below written, but effective as of the day and year first set forth identified herein. SAN BERNARDINO COUNTY TRANSPOR ATIO►,-&UTHORITY CITY OF LOMA LINDA Fob BY: ��� By: . E. Ja iT 't Rhodes "Dusty" Rigsby, Mayor Date: V////6/ Date: APPROVED AS TO FORM: APPROVED AS TO FORM AND J PROCEDURE: BY: i • j4 W By: 1 een Monaghan Teichert SANBAG General Counsel Date: 4/9/,/ Date: CONCURRENCE: INLAND VALLEY DEVELOPMENT AGENCY By: / By: Jeff:' 4. 11 AJ Wilson, Contract Administrator Executive Director Date: 6(9//t) Date: CITY OF SAN BERNARDINO APPROVED AS TO FORM AND PROCEDURE: By: R. Carey Davis, Mayor By: Date: Date: APPROVED AS TO FORM: By: Gary D. Saenz City Attorney Date: R10200-1 Page 4 of 5 2014-236 IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year below written, but effective as of the day and year first set forth identified herein. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF LOMA LINDA By: By: W. E. Jahn, President Rhodes "Dusty" Rigsby, Mayor Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM AND PROCEDURE: By: By: Eileen Monaghan Teichert SANBAG General Counsel Date: Date: CONCURRENCE: INLAND VALLEY DEVELOPMENT AGENCY By: By: Jeffery Hill AJ Wilson, Contract Administrator Executive Director Date: Date: CITY OF SA i ERNA' 1 lb APPROVED AS TO FORM AND PROCEDURE: By: I . _ R. Carey Davi ayor By: Date: / d/� Date: APPROVED AS TO FORM: By: 4. J Alt _1 —' ..ry D. Saenz City A orney Date: /Di R10200-1 Page 4 of 5 2014-236 IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year below written, but effective as of the day and year first set forth identified herein. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF LOMA LINDA By: By: / W. E. Jahn, President Rhodes "Dusty" Rigsby, yor Date: Date: 4.-/b -.25/z/ APPROVED AS TO FORM: APPROVED AS TO FORM AND PROCEDURE: By: By: &?'" Eileen Monaghan Teichert SANBAG General Counsel Date: Date: 61-- l0 —2 v/y CONCURRENCE: INLAND VALLEY DEVELOPMENT AGENCY By: By: Jeffery Hill AJ Wilson, Contract Administrator Executive Director Date: Date: CITY OF SAN BERNARDINO APPROVED AS TO FORM AND PROCEDURE: By: R. Carey Davis, Mayor By: Date: Date: APPROVED AS TO FORM: By: Gary D. Saenz City Attorney Date: R10200-1 Page 4 of 5 2014-236 IN WITNESS WHEREOF,the parties have executed this Amendment No. 1 on the day and year below written,but effective as of the day and year first set forth identified herein. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF LOMA LINDA By: By: W. E. Jahn, President Rhodes "Dusty"Rigsby,Mayor Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM AND PROCEDURE: By: By: Eileen Monaghan Teichert SANBAG General Counsel Date: Date: CONCURRENCE: INLAND VALLEY DEVEL• ENT AGENC -� By: By: Jeffery Hill Von, Contract Administrator /tive Director Date: Date: Q'ac 'i`/ CITY OF SAN BERNARDINO APPROVED AS TO FORM AND PROCEDURE: By: R. Carey Davis, Mayor By: !.,� //, • Date: Date: qc ,i ON APPROVED AS TO FORM: By: Gary D. Saenz City Attorney Date: R10200-1 Page 4 of 5 2014-236 b a w B U m 0000 0 , F o 0 69 6s 00 , 1', § § a cn• I rn 0 'F _ ,t. 0..'°". Vi 00 w 'D ... u _ g NM i Z N F O G 5 & p 00 O N ti N O GD 269 69 . 69 Q y S -. 2y yy O h r 00 9 a r 00 , P a W o A 69 69 69 69 g -8 C '2 124 69 6n 69 Q y 3 0 q N E ° c ,5 m N oo F E m ,Ga N 1 69 69 69 y N G �.. a o C O N O A F 69 00 .fi C tl p ' 69 69 @ N z 3 Z V ?. > M M N w G4 u.z o 8 8 _ 1 44 64 69 4 y o S W4 , g g 7, A t 5 © y 6A 69 L G v) c? V o U "'• U W � � N . 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