HomeMy WebLinkAbout05.CC- Public Works RESOLUTION (ID#3199) DOC ID: 3199 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Robert Eisenbeisz M/CC Meeting Date: 06/16/2014
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute Amendment No. 1 to 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; and Authorizing the Director of Administrative Services to Amend the FY
2013-14 Budget Accordingly. (#3199)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $850,000.00
Account No.: 246-160-7891-5504-0025
Account Description: 1-10 Freeway at Tippecanoe Ave Interchange Improvements
Balance as of 06/05/14: $848,146.00
FY 2013-14 Budget Amount after the Proposed Amendment: $1,790,000.00
Balance after approval of this item: $21,250.00
Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
08/16/10 Resolution No. 2010-281 was adopted, 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.
Background:
This is an amendment to an existing right-of-way and construction cooperative agreement
between San Bernardino Associated Governments (SANBAG), the City of Loma Linda and the
Inland Valley Development Agency (IVDA) for the right-of-way and construction phases of the
I-10 Tippecanoe Avenue Interchange. The cooperative agreement was approved by the City of
San Bernardino on August 16, 2010. The cooperative agreement defined the work to be
performed, funding shares, party responsibilities and stipulations for the right-of-way and
construction work, including designation of SANBAG as the lead agency.
Updated:6/11/2014 by Linda Sutherland B Packet Pg.981
5.CC
3199
Currently, right-of-way work is on-going and Phase 1 construction is underway. With the
completion of the Phase 2 design and the engineer's estimate of probable costs, SANBAG staff
is seeking federal authorization to proceed with advertisement of the Phase 2 construction,which
is expected to begin in the fall of 2014 and take approximately two years to complete.
SANBAG is requesting that an amendment to the existing agreement be approved, which will
incorporate the following changes:
1. Remove the expiration date of June 28, 2014, and extend the term to coincide with the
completion of the project.
2. Revise the contract value from $70,508,000 to $71,074,279 to reflect the current engineer's
estimate for Phase 2 construction and current cost estimates for completion of right-of way
and Phase 1 construction.
3. Revise the amount of Buy-down funds from $33,684,000 to $46,452,370, causing
SANBAG's Public Share contribution to decrease by $7,980,167 and the collective amount
of the local agency share (San Bernardino, City of Highland and IVDA) to decrease by
$4,221,923. The City of San Bernardino's share is reduced to $2,839,727, a decrease of
$1,408,273 from the San Bernardino's share in the original Agreement.
4. Increase SANBAG's Measure I commitment to the Public Share contribution for the project
from $2,974,000, as shown in the 2014 Update to the Ten-Year Delivery Plan,to $6,103,733.
The following explanations help to clarify some of the terms used in Amendment No. 1:
1) Buy-down funds are funds that come from State and Federal transportation sources and do
not require allocation or approval by SANBAG. Examples include federal earmarks, PUC,
Caltrans TEA share, and railroad contributions.
2) Public Share funds are funds that SANBAG has allocation authority over or that have been
allocated to SANBAG. Examples include State and Federal formula apportionments such as
State Transportation Program funds, Congestion Management and Air Quality funds, and
State Transportation Improvement Program funds, and certain Proposition 1B funds.
3) Development Share funds are funds that come from non-transportation sources and are
typically collected by local agencies from developers to mitigate cumulative regional
transportation impacts. In this case, Development Share funds are funds being contributed by
the City of San Bernardino, City of Loma Linda and IVDA. The City of San Bernardino's
share will come from the City's Regional Circulation System Fee, which is a Development
Impact Fee (DIF) (Fund 264).
Additionally, this project is included in the SANBAG Local Stimulus Program, which includes a
credit amount of $1,071,103.48 that will further reduce the City's obligation. With this
amendment and the Local Stimulus credit,the total cost to the City will be $1,768,623.50.
City Attorney Review:
Supportiny,Documents:
Updated: 6/11/2014 by Linda Sutherland B Packet Pg.982
3199
reso 3199 (PDF)
agrmt 3199 (PDF)
Updated:6/11/2014 by Linda Sutherland B Packet Pg. 983
I RESOLUTION NO.
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 E
6 ADMINISTRTIVE SERVICES TO AMEND THE FY 2013-14 BUDGET
7 ACCORDINGLY. a
0
8 WHEREAS, on August 25, 2010, the City adopted Resolution No. 2010-281,
L
i+
9 approving Cooperative Agreement No. R10200 with the San Bernardino County o
U
10
Transportation Authority, the City of Loma Linda and the Inland Valley Development Agency M
11 �
defining cost sharing for the right-of-way and construction phases for the I-10 Tippecanoe Q
12 00
Avenue Interchange; and v
13
0
14 WHEREAS, the San Bernardino County Transportation Authority has requested that
CL
Q.
15 the City execute the attached Amendment No. 1 to Cooperative Agreement No. R10200 with i=
0
16 the San Bernardino County Transportation Authority, the City of Loma Linda and the Inland o
17 Valley Development Agency defining cost sharing for the right-of-way and construction
18
phases for the I-10 Tippecanoe Avenue Interchange. a
19
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
20 CITY OF SAN BERNARDINO AS FOLLOWS:
21 SECTION 1. The City Manager is hereby authorized and directed to execute said 0
22
Amendment No. 1 to Cooperative Agreement No. R10200 on behalf of the City, said
23 E
24 Amendment No. 1, being attached to this Resolution as Exhibit "A" and incorporated by this
»�
ice+
Q
25 reference as though fully set forth.
i 26
27
28
Packet Pg.984
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
2 AMENDMENT NO. I 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
r
5 ADMINISTRTIVE SERVICES TO AMEND THE BUDGET ACCORDINGLY.
a)
6 SECTION 2. The authorization to execute the above-referenced Amendment is 0
a�
7 rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this o
U
8
resolution. N
9 0
0
SECTION 3. The Director of Administrative Services is hereby authorized and
10 cc
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 $
U
13 previously unallocated funds from the Regional Circulation System Fee Fund (Fund 264), for
14 a total budget amount of$1,790,000. a
15 ~CD
SECTION 4. The Director of Administrative Services is hereby authorized and
16 0
r
17 directed to establish an annual purchase order to San Bernardino Associated Governments in
c
d
18 an amount not to exceed $1,768,750 from Capital Improvement Project No. SS11-008 Q
19 (Account 264-160-5504-7891-0025).
M
20
r
21 0
22
23 E
24 Y
a
25
26
27
28
Packet'Pg.985
I 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
Y
5 ADMINISTRTIVE SERVICES TO AMEND THE BUDGET ACCORDINGLY. _
d
E
Q
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Q
7 and Common Council of the City of San Bernardino at a meeting thereof, held o
8 on the day of , 2014,by the following vote,to wit: y
9 _
! o
Council Members: AYES NAYS ABSTAIN ABSENT v
10
11 MARQUEZ
CL
12 BARRIOS $
U
13 VALDIVIA
14
SHORETT �
a
a
15 ~
NICKEL
16 0
17 JOHNSON
_
j, 18 MULVIHILL EE
19
f M
20 Georgeann Hanna, City Clerk
21
The foregoing resolution is hereby approved this day of ,2014.
22 L
23 E
E
24 R. CAREY DAVIS, Mayor
City of San Bernardino Q
25 Approved as to form:
GARY D. SAENZ,
26
City Attorney
27 By:' G—Lt Ccl-u
28
Packet Pg 886
AMENDMENT NO. 1 TO
CONTRACT NO.R10200
BY AND BETWEEN
THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
c
d
AND E
d
L
THE CITY OF LOMA LINDA Q
c
0
AND
L
i..
THE CITY OF SAN BERNARDINO o
U
AND
ca
INLAND VALLEY DEVELOPMENT AGENCY
a
0
FOR v
d
RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE INTERSTATE 10
TIPPECANOE AVENUE INTERCHANGE
�= a
This AMENDMENT No. 1 to Contract No. R10200 is effective on the Effective Date as defined F=
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 o
LINDA"), the City of San Bernardino ("CITY OF SAN BERNARDINO"), and the Inland Valley f
Development Agency ("IVDA") individually referred to as PARTY and collectively known as =
PARTIES. E
Q
RECITALS:
M
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 °rM'
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 L
period as required by Caltrans, for the Interstate 10 (140") Tippecanoe Avenue Interchange Project,
located in the San Bernardino and Loma Linda area(hereinafter referred to as"PROJECT"); and
E
WHEREAS,the Right-of-Way Phase is now estimated at$34,175,194; and
L1.
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
810200-1 Page I of 5
Packet Pg. 987
S.CC.b
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 E
L
WHEREAS, the PARTIES agree to amend Contract No. 810200 to allow flexibility to move <
allocated funds between phases as more precise cost information becomes available so long as the o
individual contribution amounts do not exceed the total amount approved by each PARTY.
L
i+
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the PARTIES o
agree as follows: U
1. The AGREEMENT is amended in the following particulars:
a. Amend Paragraph 1. of Section I(AUTHORITY AGREES)to add the following: o
0
"The actual cost of a specific phase may ultimately vary from the estimates v
f
provided in Table 1; however, under no circumstances is the total combined
AUTHORITY contribution(Total Public Share)to exceed$16,102,729."
n.
i=
b. Amend Paragraph 1 of Section II (CITY OF LOMA LINDA AGREES) to add the
following: o
r
"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." Q
C. Amend Paragraph 1. of Section III (CITY OF SAN BERNARDINO AGREES) to M
add the following:
rn
"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 L
OF SAN BERNARDINO contribution to exceed$2,839,727."
_
d. Amend Paragraph 1 of Section IV (INLAND VALLEY DEVELOPMENT E
AGENCY AGREES)to add the following:
"The actual cost of a specific phase may ultimately vary from the estimates Q
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:
810200-1 Page 2 of
Packet Pg. 988
"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 E
liable for any costs or other obligations it may have incurred under the terms of the
Agreement prior to termination."
a
0
2. Delete"Table I" attached to Contract No.R10200 and replace it with "Table 1 —Amendment
I"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. o
U
3. The Effective Date of this Amendment No 1 is the date that it is executed by the
AUTHORITY. o
it
4. Except as amended by this Amendment No. 1, all other provisions of Contract No. R10200 0
shall remain in full force and effect. °
U
d
5. This Amendment No. I may be signed in counterparts, each of which shall constitute an °
_
original. U
6. The Recitals are incorporated into the body of this Amendment No. 1.
0
7
0
-----------------------SIGNATURES ON FOLLOWING PAGE---------------------------------- r
°
{ a
rn
rn
rn
M
E
L
_
Q�
E
V
Y
a
810200-1 Page 3 of 5
Packet Pg.989
5.CC.b
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: d
W. E. Jahn, President Rhodes"Dusty" Rigsby,Mayor
L
Date: Date:
0
APPROVED AS TO FORM: APPROVED AS TO FORM AND
L
PROCEDURE: n
c
0
U
By: By. c
Eileen Monaghan Teichert
SANBAG General Counsel 3
«z
CL
Date: Date: o
0
U
m
O
c
CONCURRENCE: INLAND VALLEY DEVELOPMENT a
AGENCY Q
By. By: o
Jeffery Hill AJ Wilson, o
Contract Administrator Executive Director
a�
Date: Date: E
a
CITY OF SAN BERNARDINO APPROVED AS TO FORM AND a
PROCEDURE:
By:
R. Carey Davis, Mayor By: Cl)
r
E
L
Date: Date:
c
m
APPROVED AS TO FORM:
r a
By:
G .or Saenz
ity A n'ejy
Date: L
R10200-1 Page 4 of 5
Packet Pg.990
S.CC.b
w
o
o
w
K w y o
a
a
0 c
y. m
' w tH 69 44 cp O C
v�ai N 00 F U CD
y N
R O
N o0 O ,�
w o o O
w w
rn M
U v°
Q.
f7 o 0 9 M O
.c a O
9
W w w o
N `. tt7 T
n N rn v 42 O
0. A n °^� a m �
m N F 3 E
I Id
p 7
L u S
odd ry b ep 0 0)
06 � .� ° �
Cl)
u G @ E
W
C
�y`�', n O E
.6 cs cu
1s 3
m g
E
M n
R10200-1 Page 5 of 5
Packet Pg. 991