HomeMy WebLinkAbout2015-233 I RESOLUTION NO. 2015-233
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING
3 (MOU) NO. 15-1001217 AND COOPERATIVE AGREEMENT NO. 16-1001335 WITH
4 THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
(AUTHORITY OR SANBAG) FOR THE INTERSTATE 215/UNIVERSITY
5 PARKWAY INTERCHANGE PROJECT (SSO4-019).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized and directed to execute on
9 behalf of the City, Memorandum of Understanding (MOU) No. 15-1001217 and Cooperative
10 Agreement No. 16-1001335 with the San Bernardino County Transportation Authority
11 (Authority or SANBAG) to provide project management services for PA/ED, PS&E, ROW
12
13 and Construction phases for the Interchange at University Parkway and Interstate 215 (I-215),
14 attached herein as Exhibits "A" and"B".
15 SECTION 2. The authorization to execute the above-referenced Agreements is
16 rescinded if they are not executed within ninety (90) days of the passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING
2 (MOU) NO. 15-1001217 AND COOPERATIVE AGREEMENT NO. 16-1001335 WITH
THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
3 (AUTHORITY OR SANBAG) FOR THE INTERSTATE 215/UNIVERSITY
4 PARKWAY INTERCHANGE PROJECT (SSO4-019).
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 joint regular meeting thereof, held on the
7 19`h day of October, 2015, by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
13
SHORETT X
14
15 NICKEL X
16 JOHNSON X
17 MULVIHILL X
18
19
GeorgeoiAn Hanna, CMC, City Clerk
20 C4
21 The foregoing resolution is hereby approved this ^'S �- day of October 15.
22 �
23 R. CAREY DAAIS, Mayor
24 City of San B rnardino
25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
27 By
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2015-233
EXHIBIT "A"
CONTRACT 15-1001217
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO
FOR THE DEVELOPMENT OF
THE INTERSTATE 215 UNIVERSITY PARKWAY INTERCHANGE PROJECT ("PROJECT")
I. PARTIES AND TERM
A. This Memorandum of Understanding ("MOU") is entered by and between the SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("AUTHORITY" or
"SANBAG") and the CITY OF SAN BERNARDINO ("PROJECT SPONSOR") (and together
the "PARTIES") on the Effective Date defined later herein.
B. The Term of this MOU will commence on the Effective Date and, unless terminated early as
provided in Section V, Paragraph C, terminate upon completion of the AUTHORITY's
management of the planning, environmental, design, right of way (ROW) (to include both ROW
acquisition and utility relocation work), and construction, or December 31, 2019, whichever is
earlier in time.
II. RECITALS
A. WHEREAS, the PROJECT is included in the approved SANBAG 10-Year Delivery Plan and
SANBAG Development Mitigation Nexus Study and is eligible to receive funds from the
Measure 12010-2040 Valley Freeway Interchange Program.
B. WHEREAS, the PARTIES desire to proceed with development of the PROJECT.
C. WHEREAS, the PARTIES are entering into this PROJECT MOU for the purpose of
documenting the terms and conditions of cooperation between the PARTIES required to
complete the PROJECT with respect to cost, funding, schedule, and scope, as detailed in
Exhibit A, attached hereto and incorporated herein by this reference.
D. WHEREAS, a conceptual layout of the PROJECT is shown in Exhibit B, attached hereto and
incorporated herein by this reference to begin the project development efforts. Further study
will determine the final configuration and design of the interchange improvements.
E. WHEREAS, the PARTIES acknowledge the intent to move forward with the PROJECT, the
Public and Local Agency funding shares required to complete the PROJECT, and the
reasonable expectation of funding availability.
15-1001217 Pagel
2015-233
EXHIBIT "A"
F. WHEREAS, the Public Share is defined as the share of project cost calculated as the total cost
of the project minus the development share (or Local Agency share) and the Local Agency
share is the percentage share of the project cost assigned as the development contribution
percentage as listed in the SANBAG Development Mitigation Nexus Study.
G. WHEREAS, the PARTIES understand that the purpose of the MOU is to outline the steps and
funds necessary to complete the PROJECT, but the MOU does not commit the PARTIES to
perform work or provide funding for the PROJECT, and imposes no enforceable obligations
upon the PARTIES and does not grant any rights.
H. WHEREAS, the PARTIES desire to memorialize in this MOU the framework and funding
necessary for completion of the PROJECT to assist the PARTIES in their decision-making and
budgeting for this PROJECT.
I. WHEREAS, the PARTIES understand that a Cooperative Agreement will be developed for the
PROJECT that will identify the specific roles and responsibilities of AUTHORITY and
PROJECT SPONSOR including specific funding commitments for each phase of the
PROJECT.
III. AUTHORITY'S RESPONSIBILITIES
A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with
Measure I 2010-2040 Valley Freeway Interchange Program Strategic Plan Policy 40005 and
subsequent Cooperative Agreements.
B. AUTHORITY will consider the development of a Loan Agreement(s) for the Local Share of
PROJECT costs, if requested by the PROJECT SPONSOR, in accordance with Measure 12010-
2040 Valley Freeway Interchange Program Strategic Plan Policy 40005.
C. AUTHORITY will assign a qualified member of its staff to coordinate with the PROJECT
SPONSOR, as determined reasonably necessary by AUTHORITY to facilitate the delivery of
the PROJECT.
D. PROJECT SPONSOR and AUTHORITY shall consult on a funding strategy for PROJECT
completion at least six months prior to completion of the design phase.
IV. PROJECT SPONSOR'S RESPONSIBILITIES
A. PROJECT SPONSOR will be responsible for the Local Share of the PROJECT costs in
accordance with Measure I 2010-2040 Valley Freeway Interchange Program Strategic Plan
Policy 40005 and subsequent agreements, including Loan Agreements. PROJECT SPONSOR
will deposit Local Share of the PROJECT cost in an escrow for PROJECT expenditures.
B. PROJECT SPONSOR will be responsible for 100% of AUTHORITY's oversight and project
management costs.
C. PROJECT SPONSOR will assign a qualified member of its staff to coordinate with
AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate the
delivery of the PROJECT.
15-1001217 Page
2015-233
EXHIBIT "A"
D. PROJECT SPONSOR and AUTHORITY shall consult on a funding strategy for PROJECT
completion at least six months prior to completion of the design phase.
V. MISCELLANEOUS
A. The PARTIES acknowledge that should federal funds be used in the environmental or design
phases of work, Federal Highway Administration (FHWA) requires that the PROJECT must
move to a capital phase (ROW or construction) within ten years or the federal funds may be
required to be repaid to FHWA.
B. Recitals. The Recitals stated above are integral parts of this MOU and are hereby incorporated
into the terms of this MOU.
C. Termination. Both AUTHORITY and PROJECT SPONSOR shall have the right at any time, to
terminate this MOU, with or without cause, by giving thirty (30) calendar days written notice to
the other party, specifying the date of termination. Termination of the MOU will not terminate
the PARTIES' continuing obligations under any Cooperative Agreements generally referenced
in Section 11, Paragraph 1. Termination of the MOU by request of the PROJECT SPONSOR
will be understood by the AUTHORITY that PROJECT SPONSOR wishes to discontinue work
on the PROJECT, unless otherwise stated in an active Cooperative Agreement or in a
subsequent MOU or agreement.
D. Notification. Each Party will designate a person to be responsible for day-to-day
communications regarding work under the PROJECT. For PROJECT SPONSOR, that person
will be Emilio Murga, Interim Director of Public Works for CITY OF SAN BERNARDINO.
For AUTHORITY, that person shall be Paul Melocoton, Project Manager. All notices and
communications regarding this MOU, interpretation of the terms of this MOU, or changes
thereto will be provided as follows:
CITY OF SAN BERNARDINO SANBAG
San Bernardino Associated
300 North"D" Street, 6th Floor Governments
San Bernardino, CA 92418 1170 W. 3rd Street
ATTN: Public Works Director San Bernardino, CA 92410-1715
ATTN: Director of Project Deliver
E. Amendment. In the event that the PARTIES determine that the provisions of this MOU should
be altered, the PARTIES may execute an amendment to add, delete, or amend any provision of
this MOU. All such amendments must be in the form of a written instrument signed by the
authorized representatives of the PARTIES.
-------------------------------------------Signatures on the Following Page------------------------------------------
15-1001217 Page 3
2015-233
EXHIBIT "A"
In witness whereof the PARTIES have executed this MOU on the dates written below and this MOU is
effective upon execution of this MOU by both SANBAG and PROJECT SPONSOR("Effective Date").
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY CITY OF SAN BERNARDINO
By: BY:
Ryan McEachron Allen J. Parker
President, Board of Directors City Manager
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By. By. LW6�",-C,
Eileen Monaghan Teichert ary . Saenz
General Counsel City At orney
CONCURRENCE:
By:
Jeffery Hill
Procurement Manager
15-1001217 Page 4
2015-233
EXHIBIT "A"
Exhibit A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to I-215
and improving local traffic flow on University Parkway. An alternative being evaluated is to reconstruct the
existing ramp intersections at the interchange into a Diverging Diamond Interchange (DDI) configuration.
Further study will determine the final configuration and design of the interchange improvements
Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share or Local Share: 15.8%
Phase Estimated Costl Buy-down Funds ' Public Share Development Share
Project $676,873 $594,373 $69,465 $13,034
Approval and
Environmental
Design $482,932 $482,932 $- $-
(PS&E)
Right-of-Way $62,700 $- $52,760 $9,907
Construction
(Includes $3,314,000 $3,314,000 $- $_
Construction
Management&
Landscape $_ $_ $- $_
Maintenance
SANBAG $330,000 $- $- $330,000
Oversight
Total $4,866,505 $4,391,305 $122,225 $352,941
Estimated Costs are based on July 2015 preliminary project cost estimate for a DDI configuration.
2 In accordance with SANBAG Board action on 9/4/2013, buy-down funds include up to $5,000,000 of Federal
Surface Transportation Program funds.
3 Project costs that are not federally reimbursable will be split according to the Nexus Study Share.
4 Includes 10% contingency.
15-1001217 Page 5
2015-233
EXHIBIT "A"
Project Milestones:
Milestone' Actual
(Forecast)
Start of Project Approval and (4/2016)
Environmental Document Phase PANED)
Environmental Approval (4/2017)
Design Approved/ROW Certified (2/2018)
Construction Notice to Proceed (6/2018)
Completed for Beneficial Use (6/2019)
'Milestone assumes DDI configuration and analysis of one alternative only. Anticipated environmental
determination is a Categorical Exemption/Categorical Exclusion.
15-1001217 Page 6
2015-233
EXHIBIT "A"
Exhibit B
Interstate 215 at University Parkway Interchange Modifications
Conceptual Layout
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15-1001217 Page 7
2015-233
EXHIBIT "B"
COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED), PLANS,
SPECIFICATIONS AND ESTIMATE (PS&E) AND RIGHT OF WAY (ROW) PHASES
FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-
215)
IN THE CITY OF SAN BERNARDINO
L PARTIES AND TERM
A. THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and
between the San Bernardino County Transportation Authority (hereinafter referred to as
"AUTHORITY") and the City of San Bernardino (CITY), (AUTHORITY and CITY may be
referred to herein as a "Party" and collectively "Parties").
B. This Agreement shall terminate upon completion of the AUTHORITY's management of
environmental and design or June 29, 2018, 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 this Agreement 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.
II. RECITALS
A. WHEREAS, CITY intends to improve the I-215 University Parkway Interchange within the
limits of the City of San Bernardino; and
B. WHEREAS, planned improvements include improving freeway access to I-215 and
improving local traffic flow by reconstructing the existing ramp intersections at the
interchange into a Diverging Diamond Interchange (DDI) configuration as further described
in Attachment A, attached hereto and made part of this Agreement, and is defined as the
"PROJECT"; and
C. WHEREAS, the Parties acknowledge that further study will determine the final configuration
and design of the interchange improvements; and
D. WHEREAS, the PROJECT is identified in the Measure 12010-2040 Expenditure Plan and
SANBAG Nexus Study (Nexus Study) prepared by the San Bernardino Associated
16-1001335 Page 1 of 10
2015-233
EXHIBIT "B"
Governments (SANBAG), and approved by the SANBAG Board of Directors on November
2, 2011; and
E. WHEREAS, the Parties consider PROJECT to be high priority and are willing to participate
in funding the PROJECT pursuant to the provisions of the Nexus Study; and
F. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities,
and funding commitments relative to Project Management, PA/ED, PS&E, and ROW
activities of the PROJECT.
G. WHEREAS, the Parties intend to amend this agreement or enter into a separate agreementto
delineate roles, responsibilities, and funding commitments relative to the Construction phase
of the PROJECT.
H. WHEREAS, sufficient coordination with Caltrans has not occurred to determine the level of
environmental and engineering documents nor have encroachment fees been addressed.
I. WHEREAS, the CITY desires the AUTHORITY to provide project management services for
PA/ED, PS&E, and ROW phases at the sole responsibility of CITY to pay 100% of actual
AUTHORITY project management costs in accordance with AUTHORITY Policy
40005/VFI-35; and
J. WHEREAS, the remaining PROJECT cost, aside from AUTHORITY project management
costs, for PA/ED, PS&E, and ROW phases, after reduction by application of buy-down
funds, is 15.8% Development Share funds and 84.2% Public Share funds, as defined by the
Nexus Study and the SANBAG Measure 1 2010-2014 Strategic Plan; and
NOW, THEREFORE, the Parties agree to the following:
III. AUTHORITY RESPONSIBILITIES
AUTHORITY agrees:
A. To be lead agency on Project Management, PA/ED, PS&E, and ROW, and to diligently
undertake and complete, the PA/ED and PS&E work on PROJECT, including the selection
and retention of consultants. Performance of services under these consultant contracts shall
be subject to the technical direction of the AUTHORITY's Director of Project Delivery, or
his designee, with input and consultation from CITY.
B. To contribute towards PA/ED, PS&E, and ROW phases of the PROJECT cost as shown in
Attachment A. The actual cost of a specific phase may ultimately vary from the estimates
provide in Attachment A, and should AUTHORITY's total share of the PANED, PS&E, and
ROW phase exceed the estimated as shown in Attachment A, AUTHORITY agrees to amend
the Agreement in good faith.
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2015-233
EXHIBIT `B"
C. To provide CITY monthly copies of payments processed from the escrow account described
in Section IV, Article C.
D. To establish and maintain an accounting system conforming to Generally Accepted
Accounting Principles (GAAP) to support AUTHORITY's request for reimbursement,
payment vouchers, or invoices which segregate and accumulate costs of Project
Management, PA/ED, PS&E, and ROW work elements and produce monthly reports which
clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other
allowable expenditures by AUTHORITY.
E. To prepare a final accounting of expenditures, including a final invoice for the actual Project
Management, PA/ED, PS&E, and ROW costs. The final accounting and invoice shall be
submitted no later than one hundred and twenty (120) calendar days following the
completion of work and shall be submitted to CITY. The invoice shall include a statement
that these PROJECT funds were used in conformance with this Agreement and for those
PROJECT-specific Project Management, PA/ED, PS&E, and ROW work activities.
F. To cooperate in having a PROJECT-specific audit completed by CITY, at its option, upon
completion of Project Management, PA/ED, PS&E, and ROW work. The audit should
justify and validate that all funds expended on the PROJECT were used in conformance with
this Agreement.
H. To reimburse CITY for costs that are determined by subsequent audit to be unallowable
within ninety (90) calendar 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 fails to reimburse monies
due CITY within ninety (90) calendar days of audit finding, or within such other period as
may be agreed between both Parties hereto, the Cities' Council reserves the right to withhold
future payments due AUTHORITY from any source under CITY'S control.
I. To include CITY in Project Development Team (PDT) meetings and related communications
on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and
action items.
K. To provide CITY an opportunity to review and comment on PA/ED, PS&E, and ROW
documents.
IV. CITY RESPONSIBILITIES
CITY agrees:
A. To reimburse AUTHORITY for the CITY's share of actual costs incurred towards the
PA/ED, PS&E and ROW phases of the PROJECT cost and for AUTHORITY's Project
Management as shown in Attachment A. The actual cost of a specific phase may ultimately
vary from the estimates provided in Attachment A, and should CITY's total share for the
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2015-233
EXHIBIT "B"
PA/ED, PS&E, and ROW phase with AUTHORITY's Project Management exceed the
estimates as shown in Attachment A, CITY agrees to amend the Agreement in good faith.
B. To enter into an escrow agreement with AUTHORITY and make an initial deposit of
$13,034 within 60 calendar days after execution of Agreement for payment of actual
allowable PROJECT expenditures and AUTHORITY's Project Management cost.
C. Prior to federal authorization to proceed, CITY will deposit the remainder of the full amount
of estimated CITY's share towards the PA/ED, PS&E and ROW phases of the PROJECT
cost and for AUTHORITY's Project Management, as shown in Attachment A, into an
escrow account that has been established for the PROJECT. AUTHORITY will have the
right to withdraw funds for all eligible PROJECT expenditures as set forth in the escrow
agreement including eligible PROJECT expenditures prior to deposit of funds. Any unused
funds and all interest accrued will be returned to CITY.
D. 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 AUTHORITY 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 CITY when planning on
conducting additional audits.
E. To designate a responsible staff member that will be CITY's representative in attending the
PDT meetings, receiving day-to-day communication and reviewing the project documents.
F. To complete review and provide comments on the PA/ED, PS&E, and ROW documents
within one month of receiving the review request from AUTHORITY.
G. CITY's Public Works Director is authorized to act on behalf of CITY under this Section of
the Agreement.
V. MUTUAL RESPONSIBILITIES
The Parties agree:
A. 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 1 2010-2040
Strategic Plan, as amended, as of the Effective Date of this Agreement.
B. In the event AUTHORITY determines Project Management, PA/ED, PS&E, and ROW work
may exceed the amounts identified in Attachment A of this Agreement, AUTHORITY shall
inform CITY of this determination and thereafter the Parties shall work together in an
attempt to agree upon an amendment to the amounts identified this Agreement. In no event,
however, shall any of the Parties be responsible for PROJECT costs in excess of the amounts
identified in this Agreement without a written amendment that is approved by all Parties.
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2015-233
EXHIBIT "B"
C. Eligible PROJECT reimbursements shall include only those costs incurred by AUTHORITY
for PROJECT-specific work activities that are described in this Agreement and shall not
include escalation or interest.
D. In the event that federal funds are used in the PA/ED and PS&E phase of work, the
PARTIES acknowledge Federal Highway Administration (FHWA) requires that the
PROJECT must progress to a capital phase (ROW or construction) within ten years or the
federal funds may be required to be repaid to FHWA. Should repayment be required, and is a
result of the PROJECT not progressing by choice, it shall be the responsibility of the PARTY
that determines it is unable to move forward with the PROJECT. If it is mutually decided that
the project will not move forward then repayment of any federal funds used for Public Share
will be the responsibility of the AUTHORITY and any federal funds used for the Local Share
will be the responsibility of the CITY.
E. Neither AUTHORITY nor any officer, director, employee or agent 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 AUTHORITY, its
officers, directors, employees or agents 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.
F. Neither CITY nor any officer, director, employee or agent thereof is responsible for any
injury, damage or liability occurring or arising by reason of anything done or omitted to be
done by AUTHORITY and under or in connection with any work, authority or jurisdiction
delegated to AUTHORITY under this Agreement. It is understood and agreed that, pursuant
to Government Code Section 895.4, AUTHORITY shall fully defend, indemnify and save
harmless CITY, its officers, directors, employees or agents 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.
G. This Agreement will be considered terminated upon reimbursement of eligible costs by
CITY. 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.
H. The Recitals to this Agreement are true and correct and are incorporated into this Agreement.
I. All signatories hereto warrant that they are duly authorized to execute this Agreement on
behalf of said Parties and that by executing this Agreement, the Parties hereto are formally
bound to this Agreement.
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EXHIBIT "B"
J. Except on subjects preempted by federal law, this Agreement shall be governed by and
construed in accordance with the laws of the State of California. All Parties agree to follow
all local, state, county and federal laws and ordinances with respect to performance under this
Agreement.
K. The Parties agree that each Party and any authorized representative, designated in writing to
the Parties, and upon reasonable notice, shall have the right during normal business hours to
examine all Parties' financial books and records with respect to this Agreement. The Parties
agree to retain their books and records for a period of five (5) years from the later of; a) the
date on which this Agreement terminates; or b) the date on which such book or record was
created.
L. If any clause or provisions of this Agreement is illegal, invalid or unenforceable under
applicable present or future laws, then it is the intention of the Parties that the remainder of
this Agreement shall not be affected but shall remain in full force and effect.
M. This Agreement cannot be amended or modified in any way except in writing, signed by all
Parties hereto.
N. 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.
O. 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.
P. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear
its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or
attorney(s) fees relative to paragraphs E and F of this Section.
Q. This Agreement may be signed in counterparts, each of which shall constitute an original.
This Agreement is effective and shall be dated on the date executed by AUTHORITY.
R. Any notice required, authorized or permitted to be given hereunder or any other
communications between the Parties provided for under the terms of this Agreement shall be
in writing, unless otherwise provided for herein, and shall be served personally or by
reputable courier addressed to the relevant party at the address/fax number stated below:
If to AUTHORITY: Garry Cohoe
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410-1715
Telephone: (909) 884-8276
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EXHIBIT "B"
If to CITY: Emilio Murga, Interim Director
Public Works Department
300 N. "D" Street, 3'd Floor
San Bernardino, CA 92418
Telephone: (909) 384-5140
S. There are no third party beneficiaries, and this Agreement is not intended, and shall not be
construed to be for the benefit of, or be enforceable by, any other person or entity
whatsoever.
SIGNATURES ON FOLLOWING PAGE:
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2015-233
EXHIBIT "B"
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF SAN BERNARDINO
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By: By:
Ryan McEachron Allen J. Parker
President, Board of Directors City Manager
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: Iwa
Eileen Monaghan Teichert ry . Saenz
General Counsel City At orney
CONCURRENCE:
By:
Jeffery Hill
Contract Administrator
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2015-233
EXHIBIT "B"
Attachment A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway
access to I-215 and improving local traffic flow on University Parkway. An alternative being
evaluated is to reconstruct the existing ramp intersections at the interchange into a Diverging
Diamond Interchange (DDI) configuration. Further study will determine the final configuration
and design of the interchange improvements
Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share or Local Share: 15.8%
12 Buy-down Development
Phase Estimated Cost" Funds Public Share 4 Share4
Project Approval and $676,873 $594,373 $69,465 $13,034
Environmental
Design (PS&E) $482,932 $482,932 $- $-
Right-of-Way $62,700 $- $52,760 $9,907
SANBAG Oversight $220,000 $- $- $220,000
Total $1,442,505 $1,077,305 $122,225 $242,942
Estimated cost assumes DDI configuration and analysis of one alternative only. PA/ED and
PS&E cost based on Independent Cost Estimate dated 7/16/15.
2Project costs that are not federally reimbursable will be split according to the Nexus Study
Share.
3 In accordance with SANBAG Board action on 9/4/2013, buy-down funds include up to
$5,000,000 of Federal Surface Transportation Program funds
4 Includes 10% contingency.
Project Milestones:
Milestone Actual
(Forecast)
Start of Project Approval and (4/2016)
Environmental Document Phase (PA/ED)
Environmental Approval (4/2017)
Design Approved and ROW Certified (2/2018)
'Milestone assumes DDI configuration and analysis of one alternative only. Anticipated
environmental determination is a Categorical Exemption/Categorical Exclusion.
16-1001335
1
EXHIBIT
CONCEPTUAL Attachment B
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16-1001335
2015-233
COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED), PLANS,
SPECIFICATIONS AND ESTIMATE (PS&E) AND RIGHT OF WAY (ROW) PHASES
FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-
215)
IN THE CITY OF SAN BERNARDINO
L PARTIES AND TERM
A. THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and
between the San Bernardino County Transportation Authority (hereinafter referred to as
"AUTHORITY") and the City of San Bernardino (CITY), (AUTHORITY and CITY may be
referred to herein as a "Party" and collectively "Parties").
B. This Agreement shall terminate upon completion of the AUTHORITY's management of
environmental and design or June 29, 2018, 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 this Agreement 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.
II. RECITALS
A. WHEREAS, CITY intends to improve the I-215 University Parkway Interchange within the
limits of the City of San Bernardino; and
B. WHEREAS, planned improvements include improving freeway access to 1-215 and
improving local traffic flow by reconstructing the existing ramp intersections at the
interchange into a Diverging Diamond Interchange (DDI) configuration as further described
in Attachment A, attached hereto and made part of this Agreement, and is defined as the
-PROJECT"; and
C. WHEREAS, the Parties acknowledge that further study will determine the final configuration
and design of the interchange improvements; and
D. WHEREAS, the PROJECT is identified in the Measure 12010-2040 Expenditure Plan and
SANBAG Nexus Study (Nexus Study) prepared by the San Bernardino Associated
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2015-233
Governments (SANBAG), and approved by the SANBAG Board of Directors on November
2, 2011; and
E. WHEREAS, the Parties consider PROJECT to be high priority and are willing to participate
in funding the PROJECT pursuant to the provisions of the Nexus Study; and
F. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities,
and funding commitments relative to Project Management, PA/ED, PS&E, and ROW
activities of the PROJECT.
G. WHEREAS, the Parties intend to amend this agreement or enter into a separate agreementto
delineate roles, responsibilities, and funding commitments relative to the Construction phase
of the PROJECT.
H. WHEREAS, sufficient coordination with Caltrans has not occurred to determine the level of
environmental and engineering documents nor have encroachment fees been addressed.
L WHEREAS, the CITY desires the AUTHORITY to provide project management services for
PA/ED, PS&E, and ROW phases at the sole responsibility of CITY to pay 100% of actual
AUTHORITY project management costs in accordance with AUTHORITY Policy
40005/VFI-35; and
J. WHEREAS, the remaining PROJECT cost, aside from AUTHORITY project management
costs, for PA/ED, PS&E, and ROW phases, after reduction by application of buy-down
funds, is 15.8% Development Share funds and 84.2% Public Share funds, as defined by the
Nexus Study and the SANBAG Measure 12010-2014 Strategic Plan; and
NOW, THEREFORE, the Parties agree to the following:
III. AUTHORITY RESPONSIBILITIES
AUTHORITY agrees:
A. To be lead agency on Project Management, PA/ED, PS&E, and ROW, and to diligently
undertake and complete, the PA/ED and PS&E work on PROJECT, including the selection
and retention of consultants. Performance of services under these consultant contracts shall
be subject to the technical direction of the AUTHORITY's Director of Project Delivery, or
his designee, with input and consultation from CITY.
B. To contribute towards PA/ED, PS&E, and ROW phases of the PROJECT cost as shown in
Attachment A. The actual cost of a specific phase may ultimately vary from the estimates
provide in Attachment A, and should AUTHORITY's total share of the PANED, PS&E, and
ROW phase exceed the estimated as shown in Attachment A, AUTHORITY agrees to amend
the Agreement in good faith.
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2015-233
C. To provide CITY monthly copies of payments processed from the escrow account described
in Section IV, Article C.
D. To establish and maintain an accounting system conforming to Generally Accepted
Accounting Principles (GAAP) to support AUTHORITY's request for reimbursement,
payment vouchers, or invoices which segregate and accumulate costs of Project
Management, PA/ED, PS&E, and ROW work elements and produce monthly reports which
clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other
allowable expenditures by AUTHORITY.
E. To prepare a final accounting of expenditures, including a final invoice for the actual Project
Management, PA/ED, PS&E, and ROW costs. The final accounting and invoice shall be
submitted no later than one hundred and twenty (120) calendar days following the
completion of work and shall be submitted to CITY. The invoice shall include a statement
that these PROJECT funds were used in conformance with this Agreement and for those
PROJECT-specific Project Management, PA/ED, PS&E, and ROW work activities.
F. To cooperate in having a PROJECT-specific audit completed by CITY, at its option, upon
completion of Project Management, PA/ED, PS&E, and ROW work. The audit should
justify and validate that all funds expended on the PROJECT were used in conformance with
this Agreement.
H. To reimburse CITY for costs that are determined by subsequent audit to be unallowable
within ninety (90) calendar 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 fails to reimburse monies
due CITY within ninety (90) calendar days of audit finding, or within such other period as
may be agreed between both Parties hereto, the Cities' Council reserves the right to withhold
future payments due AUTHORITY from any source under CITY'S control.
L To include CITY in Project Development Team (PDT) meetings and related communications
on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and
action items.
K. To provide CITY an opportunity to review and comment on PA/ED, PS&E, and ROW
documents.
IV. CITY RESPONSIBILITIES
CITY agrees:
A. To reimburse AUTHORITY for the CITY's share of actual costs incurred towards the
PA/ED, PS&E and ROW phases of the PROJECT cost and for AUTHORITY's Project
Management as shown in Attachment A. The actual cost of a specific phase may ultimately
vary from the estimates provided in Attachment A, and should CITY's total share for the
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2015-233
PA/ED, PS&E, and ROW phase with AUTHORITY's Project Management exceed the
estimates as shown in Attachment A, CITY agrees to amend the Agreement in good faith.
B. To enter into an escrow agreement with AUTHORITY and make an initial deposit of
$13,034 within 60 calendar days after execution of Agreement for payment of actual
allowable PROJECT expenditures and AUTHORITY's Project Management cost.
C. Prior to federal authorization to proceed, CITY will deposit the remainder of the full amount
of estimated CITY's share towards the PA/ED, PS&E and ROW phases of the PROJECT
cost and for AUTHORITY's Project Management, as shown in Attachment A, into an
escrow account that has been established for the PROJECT. AUTHORITY will have the
right to withdraw funds for all eligible PROJECT expenditures as set forth in the escrow
agreement including eligible PROJECT expenditures prior to deposit of funds. Any unused
funds and all interest accrued will be returned to CITY.
D. 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 AUTHORITY 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 CITY when planning on
conducting additional audits.
E. To designate a responsible staff member that will be CITY's representative in attending the
PDT meetings, receiving day-to-day communication and reviewing the project documents.
F. To complete review and provide comments on the PA/ED, PS&E, and ROW documents
within one month of receiving the review request from AUTHORITY.
G. CITY's Public Works Director is authorized to act on behalf of CITY under this Section of
the Agreement.
V. MUTUAL RESPONSIBILITIES
The Parties agree:
A. 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 Effective Date of this Agreement.
B. In the event AUTHORITY determines Project Management, PA/ED, PS&E, and ROW work
may exceed the amounts identified in Attachment A of this Agreement, AUTHORITY shall
inform CITY of this determination and thereafter the Parties shall work together in an
attempt to agree upon an amendment to the amounts identified this Agreement. In no event,
however, shall any of the Parties be responsible for PROJECT costs in excess of the amounts
identified in this Agreement without a written amendment that is approved by all Parties.
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2015-233
C. Eligible PROJECT reimbursements shall include only those costs incurred by AUTHORITY
for PROJECT-specific work activities that are described in this Agreement and shall not
include escalation or interest.
D. In the event that federal funds are used in the PA/ED and PS&E phase of work, the
PARTIES acknowledge Federal Highway Administration (FHWA) requires that the
PROJECT must progress to a capital phase (ROW or construction) within ten years or the
federal funds may be required to be repaid to FHWA. Should repayment be required, and is a
result of the PROJECT not progressing by choice, it shall be the responsibility of the PARTY
that determines it is unable to move forward with the PROJECT. If it is mutually decided that
the project will not move forward then repayment of any federal funds used for Public Share
will be the responsibility of the AUTHORITY and any federal funds used for the Local Share
will be the responsibility of the CITY.
E. Neither AUTHORITY nor any officer, director, employee or agent 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 AUTHORITY, its
officers, directors, employees or agents 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.
F. Neither CITY nor any officer, director, employee or agent thereof is responsible for any
injury, damage or liability occurring or arising by reason of anything done or omitted to be
done by AUTHORITY and under or in connection with any work, authority or jurisdiction
delegated to AUTHORITY under this Agreement. It is understood and agreed that, pursuant
to Government Code Section 895.4, AUTHORITY shall fully defend, indemnify and save
harmless CITY, its officers, directors, employees or agents 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.
G. This Agreement will be considered terminated upon reimbursement of eligible costs by
CITY. 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.
H. The Recitals to this Agreement are true and correct and are incorporated into this Agreement.
I. All signatories hereto warrant that they are duly authorized to execute this Agreement on
behalf of said Parties and that by executing this Agreement, the Parties hereto are formally
bound to this Agreement.
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2015-233
J. Except on subjects preempted by federal law, this Agreement shall be governed by and
construed in accordance with the laws of the State of California. All Parties agree to follow
all local, state, county and federal laws and ordinances with respect to performance under this
Agreement.
K. The Parties agree that each Party and any authorized representative, designated in writing to
the Parties, and upon reasonable notice, shall have the right during normal business hours to
examine all Parties' financial books and records with respect to this Agreement. The Parties
agree to retain their books and records for a period of five (5) years from the later of; a) the
date on which this Agreement terminates; or b) the date on which such book or record was
created.
L. If any clause or provisions of this Agreement is illegal, invalid or unenforceable under
applicable present or future laws, then it is the intention of the Parties that the remainder of
this Agreement shall not be affected but shall remain in full force and effect.
M. This Agreement cannot be amended or modified in any way except in writing, signed by all
Parties hereto.
N. 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.
O. 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.
P. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear
its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or
attorney(s) fees relative to paragraphs E and F of this Section.
Q. This Agreement may be signed in counterparts, each of which shall constitute an original.
This Agreement is effective and shall be dated on the date executed by AUTHORITY.
R. Any notice required, authorized or permitted to be given hereunder or any other
communications between the Parties provided for under the terms of this Agreement shall be
in writing, unless otherwise provided for herein, and shall be served personally or by
reputable courier addressed to the relevant party at the address/fax number stated below:
If to AUTHORITY: Garry Cohoe
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410-1715
Telephone: (909) 884-8276
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2015-233
If to CITY: Emilio Murga, Interim Director
Public Works Department
300 N. "D" Street, 3'd Floor
San Bernardino, CA 92418
Telephone: (909) 384-5140
S. There are no third party beneficiaries, and this Agreement is not intended, and shall not be
construed to be for the benefit of, or be enforceable by, any other person or entity
whatsoever.
SIGNATURES ON FOLLOWING PAGE:
16-1001335 Page 7 of 10
2015-233
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF SAN BERNARDINO
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By � BY:
�
Ryan McEa�chron Allen arker
President, Board of Directors City Manager
Date: /I [4l! Date: Ile Z"" 'cow
APPROVED AS TO FORM: APPROVED AS TO FORM:
1
By:� f , �, By:
Eileen Monaghan Teichert oy 7Saenz
General Counsel ey
CONCURRENCE:
By:
Jeffer i 1
Contract Administrator
16-1001335 Page 8 of 10
2015-233
Attachment A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway
access to I-215 and improving local traffic flow on University Parkway. An alternative being
evaluated is to reconstruct the existing ramp intersections at the interchange into a Diverging
Diamond Interchange (DDI) configuration. Further study will determine the final configuration
and design of the interchange improvements
Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share or Local Share: 15.8%
2 Buy-down 4 Development
Phase Estimated Cost" Funds Public Share Share
Project Approval and $676,873 $594,373 $69,465 $13,034
Environmental
Design (PS&E) $482,932 $482,932 $- $-
Right-of-Way $62,700 $- $52,760 $9,907
SANBAG Oversight $220,000 $- $- $220,000
Total $1,442,505 $1,077,305 $122,225 $242,942
Estimated cost assumes DDI configuration and analysis of one alternative only. PA/ED and
PS&E cost based on Independent Cost Estimate dated 7/16/15.
2Project costs that are not federally reimbursable will be split according to the Nexus Study
Share.
3 In accordance with SANBAG Board action on 9/4/2013, buy-down funds include up to
$5,000,000 of Federal Surface Transportation Program funds
4 Includes 10% contingency.
Project Milestones:
Actual
Milestone (Forecast)
Start of Project Approval and (4/2016)
Environmental Document Phase (PA/ED)
Environmental Approval (4/2017)
Design Approved and ROW Certified (2/2018)
Milestone assumes DDI configuration and analysis of one alternative only. Anticipated
environmental determination is a Categorical Exemption/Categorical Exclusion.
16-1001335
1
Attachment B
CONCEPTUAL LAYOUT
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16-1001335
2015-233
CONTRACT 15-1001217
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO
FOR THE DEVELOPMENT OF
THE INTERSTATE 215 UNIVERSITY PARKWAY INTERCHANGE PROJECT ("PROJECT")
I. PARTIES AND TERM
A. This Memorandum of Understanding ("MOU") is entered by and between the SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("AUTHORITY" or
"SANBAG") and the CITY OF SAN BERNARDINO ("PROJECT SPONSOR") (and together
the "PARTIES") on the Effective Date defined later herein.
B. The Term of this MOU will commence on the Effective Date and, unless terminated early as
provided in Section V, Paragraph C, terminate upon completion of the AUTHORITY's
management of the planning, environmental, design, right of way (ROW) (to include both ROW
acquisition and utility relocation work), and construction, or December 31, 2019, whichever is
earlier in time.
II. RECITALS
A. WHEREAS, the PROJECT is included in the approved SANBAG 10-Year Delivery Plan and
SANBAG Development Mitigation Nexus Study and is eligible to receive funds from the
Measure 12010-2040 Valley Freeway Interchange Program.
B. WHEREAS,the PARTIES desire to proceed with development of the PROJECT.
C. WHEREAS, the PARTIES are entering into this PROJECT MOU for the purpose of
documenting the terms and conditions of cooperation between the PARTIES required to
complete the PROJECT with respect to cost, funding, schedule, and scope, as detailed in
Exhibit A, attached hereto and incorporated herein by this reference.
D. WHEREAS, a conceptual layout of the PROJECT is shown in Exhibit B, attached hereto and
incorporated herein by this reference to begin the project development efforts. Further study
will determine the final configuration and design of the interchange improvements.
E. WHEREAS, the PARTIES acknowledge the intent to move forward with the PROJECT, the
Public and Local Agency funding shares required to complete the PROJECT, and the
reasonable expectation of funding availability.
15-1001217 Page 1
2015-233
F. WHEREAS, the Public Share is defined as the share of project cost calculated as the total cost
of the project minus the development share (or Local Agency share) and the Local Agency
share is the percentage share of the project cost assigned as the development contribution
percentage as listed in the SANBAG Development Mitigation Nexus Study.
G. WHEREAS, the PARTIES understand that the purpose of the MOU is to outline the steps and
funds necessary to complete the PROJECT,the not commit the
enforceable obligations
perform work or provide funding fo he PROJECT
upon the PARTIES and does not grant any rights.
H. WHEREAS, the PARTIES desire to memorialize in this MOU the framework and funding
necessary for completion of the PROJECT to assist the PARTIES in their decision-making and
budgeting for this PROJECT.
I. WHEREAS, the PARTIES understand that a Cooperative Agreement will be developed for the
PROJECT that will identify the specific specific roles and commitments 1efo�f each
phase Tof the
PROJECT SPONSOR including g
PROJECT.
III. AUTHORITY'S RESPONSIBILITIES
A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with
Measure 12010-2040 Valley Freeway Interchange Program Strategic Plan Policy 40005 and
subsequent Cooperative Agreements.
B. AUTHORITY will consider the development for the Local Share
Measure 120 10E
PROJECT costs, if requested by the ROJECT SPONSOR, in a
2040 Valley Freeway Interchange Program Strategic Plan Policy 40005.
C. AUTHORITY will assign a qualified member of its staff to coordinate with the PROJECT
SPONSOR, as determined reasonably necessary by AUTHORITY to facilitate the delivery of
the PROJECT.
D. PROJECT SPONSOR and AUTHORITY shall consult on a funding strategy for PROJECT
completion at least six months prior to completion of the design phase.
IV. PROJECT SPONSOR'S RESPONSIBILITIES
A. PROJECT SPONSOR will be responsible for the Local Share of the PROJECT costs in
accordance with Measure 1 2010-2040 Valley Freeway Interchange Program Strategic Plan
Policy 40005 and subsequent agreements, including Loan Agreements. PROJECT SPONSOR
will deposit Local Share of the PROJECT cost in an escrow for PROJECT expenditures.
B. PROJECT SPONSOR will be responsible for 100% of AUTHORITY's oversight and project
management costs.
C. PROJECT SPONSOR will assign a qualified member of its staff to coordinate with
AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate the
delivery of the PROJECT.
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2015-233
D. PROJECT SPONSOR and AUTHORITY shall consult on a funding strategy for PROJECT
completion at least six months prior to completion of the design phase.
V. MISCELLANEOUS
A. The PARTIES acknowledge that should federal funds be used in the environmental or design
phases of work, Federal Highway Administration (FHWA) requires that the PROJECT must
move to a capital phase (ROW or construction) within ten years or the federal funds may be
required to be repaid to FHWA.
B. Recitals. The Recitals stated above are integral parts of this MOU and are hereby incorporated
into the terms of this MOU.
C. Termination. Both AUTHORITY and PROJECT SPONSOR shall have the right at any time, to
terminate this MOU, with or without cause, by giving thirty (30) calendar days written notice to
the other party, specifying the date of termination. Termination of the MOU will not terminate
the PARTIES' continuing obligations under any Cooperative Agreements generally referenced
in Section II, Paragraph I. Termination of the MOU by request of the PROJECT SPONSOR
will be understood by the AUTHORITY that PROJECT SPONSOR wishes to discontinue work
on the PROJECT, unless otherwise stated in an active Cooperative Agreement or in a
subsequent MOU or agreement.
D. Notification. Each Party will designate a person to be responsible for day-to-day
communications regarding work under the PROJECT. For PROJECT SPONSOR, that person
will be Emilio Murga, Interim Director of Public Works for CITY OF SAN BERNARDINO.
For AUTHORITY, that person shall be Paul Melocoton, Project Manager. All notices and
communications regarding this MOU, interpretation of the terms of this MOU, or changes
thereto will be provided as follows:
CITY OF SAN BERNARDINO SANBAG
San Bernardino Associated
300 North"D" Street, 6th Floor Governments
San Bernardino, CA 92418 1170 W. 3rd Street
ATTN: Public Works Director San Bernardino, CA 92410-1715
ATTN: Director of Project Deliver
E. Amendment. In the event that the PARTIES determine that the provisions of this MOU should
be altered, the PARTIES may execute an amendment to add, delete, or amend any provision of
this MOU. All such amendments must be in the form of a written instrument signed by the
authorized representatives of the PARTIES.
-------------------------------------------Signatures on the Following Page------------------------------------------
15-1001217 Page 3
2015-233
In witness whereof the PARTIES have executed this MOU on the dates written below and this MOU is
effective upon execution of this MOU by both SANBAG and PROJECT SPONSOR("Effective Date").
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
f
By: By' V-
Ryan McEachron Al en . Parker
President,Board of Directors City Manager
Date: ///lf��y
Date: `Gi1
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: �;,./ By: —
Eileen Mona Teichert ary . Saenz
General Counsel City A orney
CONCURRENCE:
By: —
Jeffery i
Procurement Manager
15-1001217 Page 4
2015-233
Exhibit A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to I-215
and improving local traffic flow on University Parkway. An alternative being evaluated is to reconstruct the
existing ramp intersections at the interchange into a Diverging Diamond Interchange (DDI) configuration.
Further study will determine the final configuration and design of the interchange improvements
Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share or Local Share: 15.8%
Phase Estimated Cost' Buy-down Funds , Public Share Development Share
Project $676,873 $594,373 $69,465 $13,034
Approval and
Environmental
Design $482,932 $482,932 $- $-
(PS&E)
Right-of-Way $62,700
$_ $52,760 $9,907
Construction $_
(Includes $3,314,000 $3,314,000 $-
Construction
Management&
Landscape $_ $- $' $
Maintenance
SANBAG $330,000 $- $- $330,000
Oversight
Total $4,866,505 $4,391,305 $122,225 $352,941
Estimated Costs are based on July 2015 preliminary project cost estimate for a DDI configuration.
2 In accordance with SANBAG Board action on 9/4/2013,buy-down funds include up to $5,000,000 of Federal
Surface Transportation Program funds.
3 Project costs that are not federally reimbursable will be split according to the Nexus Study Share.
4 Includes 10%contingency.
15-1001217 Page 5
2015-233
Project Milestones: Actual
Milestone' (Forecast)
Start of Project Approval and (4/2016)
Environmental Document Phase (PA/ED)
Environmental Approval (4/2017)
Design Approved/ROW Certified (2/2018)
Construction Notice to Proceed (6/2018)
Completed for Beneficial Use (6/2019)
'Milestone assumes DDI configuration and analysis of one alternative only. Anticipated environmental
determination is a Categorical Exemption/Categorical Exclusion.
15-1001217 Page 6
2015-233
Exhibit B
Interstate 215 at University Parkway Interchange Modifications
Conceptual Layout
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