HomeMy WebLinkAbout05.R- Public Works 5.R
RESOLUTION (ID # 4191) DOC ID: 4191 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Marlene Miyoshi M/CC Meeting Date: 12/07/2015
Prepared by: Fawna Velci, (909) 384-
5140
Dept: Public Works Ward(s): 5, 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Amendment No. 1 to the Right-Of-Way Cooperative Agreement No. C11180 for the
Palm Avenue Grade Separation Project with the San Bernardino County Transportation
Commission (SANBAG). (#4191)
Current Business Registration Certificate: Not Applicable
Financial Impact:
All project construction expenditures have been paid, however the City will need to pay
its fair share of any pending litigation, amount unknown at this time.
According to of the Cooperative Agreement No. C11180 (Item 2, Section II) The City of
San Bernardino's local fair share of the total eligible project right-of-way work expenses
incurred is 14.6 percent, with a not to exceed amount of$1,215,000.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
5/9/2011 Approved Right-of Way Cooperative Agreement No. C11180 between San
Bernardino County Transportation Authority and San Bernardino County
Transportation Commission and City of San Bernardino for Grade
Separation Construction at Palm Avenue.
10/19/2015 Acceptance of Palm Avenue Grade Separation Project as completed.
Background:
The City entered into a Right-of-Way Cooperative Agreement with the San Bernardino
County Transportation Commission (SANBAG) and the San Bernardino County
Transportation Authority for the Palm Avenue Grade Separation Project on May 9,
2011, see Exhibit "B". This agreement delineates the duties and funding responsibilities
for the project right-of-way. The project has been fully constructed and accepted by
Mayor and Common Council, see attached Exhibit "C" - City Council Report and
Resolution 2015-231. However, there is pending litigation regarding two right-of-way
acquisition cases which are scheduled to be resolved next year 2016. The City may
have to contribute an additional amount to the settlement. SANBAG has requested that
the City approve this contract amendment to the Cooperative Agreement.
Updated: 12/2/2015 by Georgeann "Gigi" Hanna D Packet Pg. 553
5.R
4191
The current Right-of-Way Cooperative Agreement expires on December 31, 2015, and
if the proposed Amendment No. 1, see Exhibit "A", were approved, the contract would
be extended until December 31, 2016.
City Attorney Review:
Supporting Documents:
Resolution for Amendment No. 1 to ROW Co-op C11180 (DOC)
agrmt 4191 (PDF)
Exhibit B- Reso 2011-108 ROW Co-op C11180(PDF)
Exhibit C- Reso 2015-231 Accepting Palm Ave Project Complete (PDF)
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Updated: 12/2/2015 by Georgeann "Gigi" Hanna D Packet Pg. 554
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Q
BERNARDINO APPROVING AMENDMENT NO. 1 TO THE RIGHT-OF-WAY
3 COOPERATIVE AGREEMENT NO. C11180 FOR THE PALM AVENUE GRADE U
4 SEPARATION PROJECT WITH THE SAN BERNARDINO COUNTY
TRANSPORTATION COMMISSION (SANBAG). o
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WHEREAS, the City approved the Right-of-Way Cooperative Agreement No. C11180 P
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7 with the San Bernardino County Transportation Commission (SANBAG) on May 9,2015 for the
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WHEREAS, certain items relating to right-of-way acquisition remain open and will
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12 require the Cooperative Agreement to be extended; and
13 WHEREAS, the Agreement will expire on December 31, 2015 and SANBAG has g
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14 requested that the Agreement be extended for one year due to pending right-of-way litigation.
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16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY U
17 OF SAN BERNARDINO AS FOLLOWS: c
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18 SECTION 1. The City Manager is hereby authorized and directed to execute o
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19 Amendment No. 1 to the Right-Of-Way Cooperative Agreement No. C11180 with the San
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Bernardino County Transportation Commission, attached and incorporated herein as Exhibit Z
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23 SECTION 2. The authority to execute this Amendment No. 1 is rescinded if the parties a
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24 fail to execute it within 90 days of the passage of this Resolution. c
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AMENDMENT NO. 1 TO THE RIGHT-OF-WAY 3
2 COOPERATIVE AGREEMENT NO. C11180 FOR THE PALM AVENUE GRADE o
3 SEPARATION PROJECT WITH THE SAN BERNARDINO COUNTY 6
TRANSPORTATION COMMISSION (SANBAG).
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the °
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8 day of , 2015,by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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BARRIOS V-
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VALDIVIA c
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14 SHORETT D
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15 NICKEL 00
16 JOHNSON a
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MULVIHILL v
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19 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2015.
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23 R. Carey Davis, Mayor a
City of San Bernardino °
24 Approved as to form: o
25 Gary D. Saenz, City Attorney
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AMENDMENT NO. 1 TO
RIGHT-OF-WAY COOPERATIVE AGREEMENT NO. C11180
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FOR r-
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GRADE SEPARATION CONSTRUCTION AT PALM AVENUE AND THE
BURLINGTON NORTHERN SANTA FE RAILWAY IN SAN BERNARDINO AREA N
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THIS AMENDMENT NO. 1 is made by and between the San Bernardino County >
Transportation Authority ("AUTHORITY") and San Bernardino County Transportation Q
Commission ("COMMISSION") and the City of San Bernardino ("CITY"), collectively known a
as"PARTIES". L
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RECITALS:
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A. AUTHORITY and COMMISSION entered into Cooperative Agreement No. C11180 N
with the CITY on June 1, 2011, which allows AUTHORITY and COMMISSION to Y
acquire right-of-way and administer funding for the Palm Avenue grade separation
ptoject("AGREEMENT");and o
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B. PARTIES desire to extend the AGREEMENT termination date to allow time to complete
right-of-way acquisition and right-of-way closeout activities. c
NOW THEREFORE, AUTHORITY, COMMISSION and CITY agree to amend the aM
AGREEMENT in the following particulars only: c
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1. Section 3,Article 9 is deleted and replaced in its entirety to read as follows: z°
"9. This Agreement will terminate on December 31, 2015. The Agreement may also be
terminated by either party by giving the other party 30 days written notice."
2. The Recitals set forth above are incorporated herein by this reference. a
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3. Except as amended by this Amendment No. 1, all other provisions of the AGREEMENT
shall remain in full force and effect, and are incorporated herein by this reference.
4. This Amendment No. 1 is effective on the date executed by AUTHORITY and
COMMISSION. E
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---------------------------SIGNATURES ON FOLLOWING PAGE----------------------------- d
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C21180-01 Page 1 of 2 Exhibit "A"
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IN WITNESS WHEREOF,the parties have executed this Amendment No. 1 on the dates
indicated below.
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CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
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By: By: n
Raymond W.Wolfe,Ph.D.
Executive Director
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Date: Date: >
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APPROVED AS TO FORM: SAN BERNARDINO COUNTY a.
TRANSPORTATION COMMISSION Lo
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Raymond W, Wolfe,PhD, co
Executive Director
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APPROVED AS TO FORM:
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Eileeri Monaghan Teichert o
General Counsel
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CONCURRENCE:
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By. E
Jeff're'y 14i11
PtbOure itent Manager
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RIGHT-OF-WAY COOPERATIVE AGREEMENT NO. C11180 a
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BETWEEN
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SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
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SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION
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CITY OF SAN BERNARDINO
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Grade Separation Construction at Palm Avenue and the Burlington Northern Santa Fe
Railway in San Bernardino Area
THIS AGREEMENT is made and entered into this 1st day of June 2011 by and between the San zo
Bernardino County Transportation Authority (hereinafter referred to as "AUTHORITY"), the c
San Bernardino County Transportation Commission (hereinafter referred to as E
"COMMISSION") and the City of San Bernardino(hereinafter referred to as"CITY"). -0
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WITNESSETH a
WHEREAS,the SANBAG Nexus Study and the Measure 12010-2040 Expenditure PIan identify
freeway interchange, major street, and rail-highway grade separation projects eligible for partial c
funding from Measure 12010-2040 revenues; and
WHEREAS, AUTHORITY and CITY (the "Parties") intend to construct a grade separation at U
Palm Avenue and the Burlington Northern Santa Fe railway (BNSF) (hereinafter referred to as o
the"PROJECT"); and o
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WHEREAS, the PROJECT is identified in the Measure 12010-2040 Expenditure Plan and is O
included in the SANBAG Nexus Study and will be carried out in accordance with the policies of o
the Measure 12010-2040 Strategic Plan; and
WHEREAS, the Parties desire to proceed with Right-of-Way acquisition activities for the N
PROJECT,hereinafter referred to as"ROW Work";and y
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WHEREAS, this Right-of-Way Cooperative Agreement("Agreement") is intended to delineate m
the duties,and funding responsibilities of the Parties for the PROJECT ROW Work;and
WHEREAS, CITY has requested and AUTHORITY agrees that AUTHORITY will be the lead w
agency to complete the ROW Work for the PROJECT;and
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NOW,THEREFORE,the Parties agree to the following:
C11180 Page 1 of 6 Q
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SECTION I M
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AUTHORITY and COMMISSION RESPONSIBILITIES: °
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1: To be the lead agency for this PROJECT and to undertake and complete the ROW Work N
for the PROJECT as shown in Attachment A,herein incorporated into this Agreement,and c
subject to the following provision: 3
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a. To acquire property in the name of the COMMISSION for property acquired for o
purposes of construction of the Project and to convey such property, or portions v
thereof,to CITY.
b. The interest conveyed to the City shall be a permanent easement or other required
instrument for public street and/or utility purposes. °
2. In accordance with the Measure I 2010-2040 Strategic Plan ("Strategic Plan"), to be
responsible for 85.4 percent of the total eligible PROJECT ROW Work expenses that are °
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incurred by AUTHORITY for an amount not to exceed$7,105,000, subject to paragraph 11 0
of Section III. z
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3. To prepare and submit to CITY an original and two copies of signed invoices for E
reimbursement for eligible PROJECT ROW Work expenses. Invoices shall be submitted to c
City monthly. E
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4. To abide by all AUTHORITY, SANBAG, CITY, State, and Federal laws, regulations,
policies, and procedures pertaining to the PROJECT.
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5. To maintain all source documents, books and records connected with AUTHORITY'S
performance under this Agreement for a minimum of five (5) years from the date of the v
Final Report of Expenditures submittal to CITY or until audit resolution is achieved, a
whichever is later,and to make all such supporting information available for inspection and °
audit by representatives of CITY. Copies will be made and furnished by SANBAG upon 0
request. �
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6. To establish and maintain an accounting system conforming to Generally Accepted o
Accounting Principles (GAAP) to support AUTHORITY's request for reimbursement,
payment vouchers, or invoices which segregate and accumulate costs of PROJECT ROW c
Work elements and produce monthly reports which clearly identify reimbursable costs, o
matching fund costs, indirect cost allocation, and other allowable expenditures by ai
AUTHORITY.
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7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual s
eligible PROJECT ROW Work costs expended for those activities described in the work x
activities, and to submit that Report and invoice no later than 120 days following the uJ
completion of those expenditures. The Final Report of Expenditures, an original and two
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copies of which report shall be submitted to CITY, must state that these PROJECT funds E
were used _ —
ed in conformance with this Agreement and for those PROJECT specific ROW M
Work activities. a
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8. To cooperate in having a PROJECT-specific audit completed by CITY,at CITY's option a
and expense, upon completion of the PROJECT ROW Work. The audit must state that m
all funds expended on the PROJECT were used in conformance with this Agreement. N
9. To repay to CITY any reimbursement for CITY costs that are determined by subsequent 3
audit to be unallowable within ninety (90) days of AUTHORITY receiving notice of C
audit findings, which time shall include an opportunity for AUTHORITY to respond to 0
and/or resolve the finding. Should the finding not be otherwise resolved and v
AUTHORITY fail to reimburse moneys due CITY within ninety (90) days of audit
finding, or within such other period as may be agreed between both parties hereto, the
CITY reserves the right to withhold future payments due AUTHORITY from any source °
under CITY's control.
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10. To include CITY in Project Development Team (PDT) meetings, if and when such °
meetings are held, and related communications on PROJECT progress and to provide at
°least quarterly schedule u pdates to CITY.
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SECTION II
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CITY RESPONSIBILITIES:
1. To reimburse AUTHORITY within 30 days after AUTHORITY submits to CITY an
original and two copies of the signed invoices in the proper form covering those actual 00
eligible PROJECT ROW Work expenditures that were incurred by AUTHORITY,
consistent with the invoicing requirements of the Strategic Plan, including back up v
information.Invoices maybe submitted to CITY as frequently as monthly. o
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2. In accordance with the Strategic Plan, be responsible for 14.6 percent share of the total
eligible PROJECT ROW Work expenses incurred in an amount not to exceed 0
$1,215,000,subject to paragraph 11 of Section III. o0
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3. To abide by all AUTHORITY, CITY, State, and Federal laws, regulations, policies, and
procedures pertaining to the PROJECT. CCD
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4. To accept all Project acquired rights-of-way located within CITY's jurisdictional M
boundaries upon completion of construction. The City Council of San Bernardino, by m
approval of this Agreement, authorizes and directs the City Clerk to execute an
acceptance, in substantial conformance with the form attached hereto as Attachment B,
within thirty (30) days of receipt of a quit claim deed from AUTHORITY or W
CMMSSION conveying its interests in such acquired rights-of-way.
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SECTION III
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IT IS MUTUALLY AGREED: O
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1. If a federal appropriation or earmark is used for PROJECT ROW Work costs application licat' a
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of those funds shall be consistent with SANBAG Policy 40001!VS-30.
2. The PROJECT ROW Work; costs have been determined to be $8,320,000 (see a
Attachment C). CITY shall h a ve
no fiutler responsibilities r r r i
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PROJECT exceeding this amount
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of this Section.
3. Eligible PROJECT ROW Work reimbursements shall include only those costs incurred o
by AUTHORITY or COMMISSION for PROJECT ROW Work activities that are
described in this Agreement and Attachment A and shall not include escalation or
interest. SANBAG Policy 40006/VMS 25 further defines eligible ROW Work regarding 0
excess land and applies to this Agreement.
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4. Any funds advanced by CITY for AUTHORITY's share towards eligible PROJECT
ROW Work costs shall be reconciled during the construction phase of the PROJECT.
S. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, a
or liability occurring or arising by reason of anything done or omitted to be done by E
AUTHORITY, COMMISSION or SANBAG under or in connection with any work,
authority, or jurisdiction delegated to AUTHORITY and/or COMMISSION under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, AUTHORITY, COMMISSION and SANBAG shall fully defend, indemnify and
save harmless CITY, its officers and employees from all claims, suits or actions of every r
name, kind and description brought for or on account of injury (as defined by v
Government Code Section 810.8) occurring by reason of anything done or omitted to be o
done by AUTHORITY, COMMISSION and SANBAG under or in connection with any o
work, authority or jurisdiction delegated to AUTHORITY, COMMISSION and v
SANBAG under this Agreement. 3:
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6. Neither AUTHORITY, COMMISSION,SANBAG nor any officer or employee thereof is o
responsible for any injury,damage,or liability occurring or arising by reason of anything IL
done or omitted to be done by CITY and under or in connection with any work,authority, o
or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, c
pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and
save harmless AUTHORITY, COMMISSION, SANBAG, its officers and employees ,
from all claims, suits or actions of every name, kind and description brought for or on 0°
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, w
authority or jurisdiction delegated to CITY under this Agreement.
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7. CITY, AUTHORITY and COMMISSION represent that they have sufficient insurance a
coverage for purposes of Professional Liability, General Liability, Automobile Liability a
and Workers' Compensation and warrant that through their respective insurance L
programs,they have adequate coverage or resources to protect against liabilities arising °
out of the performance of the terns,conditions or obligations of this Agreement. <
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8. This Agreement is expressly subordinated to any bonds, notes, certificates or other Q
evidences of indebtedness involved in bond financings as are now outstanding or as may
hereafter be issued by AUTHORITY.
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9. This Agreement will terminate on December 31, 2015. The Agreement may also be 0
terminated by either party by giving the other party 30 days written notice. v
10. That CITY, at CITY's option and in coordination with AUTHORITY and
COMMISSION, may assign additional resources to the PROJECT ROW Work to 0
facilitate its timely completion.
11. In the event AUTHORITY and/or COMMISSION determines PROJECT ROW Work o
may exceed the not to exceed amounts identified in this Agreement,AUTHORITY shall
inform CITY of this determination and thereafter the Parties shall work together in an z°
attempt to agree upon an amendment to the contribution amounts identified in this �.
Agreement. In no event, however, shall any of the Parties be responsible for PROJECT
ROW Work costs in excess of the contribution amounts identified in this Agreement a
absent a written amendment to this Agreement that is approved by all Parties. a
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12. A separate agreement will be required between the Parties to define responsibilities and Q
funding share for the construction phase of the PROJECT.
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13. This Agreement may be signed in counterparts, each of which'shall constitute an c
original. ao
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SIGNATURES ON FOLLOWING PAGE: v
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San Bernardino County City of San Bernardino ¢
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Transportation Authority (z
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By: ✓' By: m
Brad Mi ,President 4iiarlelsE.*cNeelv z
SANBAG Board of Directors City Manager
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Date: i'/ a/I Date: :: �� /� °
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APPROVED AS TO FORM: APPROVED AS TO FORM: °
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Penny AkejanderWlley D es F.Penman z0
AUTH TY Counsel C' y Attorney
Date: 5-1q-t( Date: j Za1(
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San Bernardino County Transportation Commission
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Brad Mitze President U
SANBAG Board of Directors o
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APPROVED AS TO FORM: °
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Penny ander ley
CO S ION Counsel m
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Attachment A
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ROW Work for Palm Avenue Grade Separation
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ROW Work for the PROJECT includes,but not limited to,the following activities: o
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1. Prepare right-of-way maps, other documents, and surveys, and appraisals as required for
the acquisition of right-of-way for the PROJECT.
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2. Acquire and furnish all right-of-way required for the PROJECT. Perform all right-of-
way activities including all eminent domain activities,if necessary.
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3. Identify and locate all utility facilities in the PROJECT area. Make necessary
arrangements for timely accommodation, protection, relocation, or removal of any z°
existing utility facilities which conflict with construction of the PROJECT. c
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Attachment B
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CITY OF SAN BERNARDINO 0
300 N."D"STREET v
SAN BERNARDINO,CALIFORNIA 92401
QUIT CLAIM DEED CERTIFICATION o
California Government Code 27281 a,
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This is to certify that the real property conveyed by the attached instrument dated Z
20 from the San Bernardino County Transportation Commission, a
California transportation commission, as Grantor to the City of
as Grantee, is c
hereby accepted by order of the City Council of the City of San Bernardino, County of San E
Bernardino, State of California, as the governing board of said grantee, and consents to the
recordation thereof by its duly authorized officer.
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Date: By: o
Name: d
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City Clerk a
City of San Bernardino
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Attachment C ,0
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Project Funding Table m
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Total estimated right-of-way support costs for right of way engineering, appraisals, acquisition,
eminent domain action(if required),etc.is$700,000.
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Total estimated acquisition, Relocation Assistance Program (RAP) and demolition cost is ci
$7,620,000.
Total estimated right-of-way cost is$8,320,000. o
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The City of San Bernardino local fair share is 14.6 percent of eligible expenses incurred, with a
not to exceed amount of$1,215,000. o
The SANBAG share is 85.4 percent of eligible expenses incurred,with a not-to-exceed amount 6
of$7,105,000. ?
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RESOLUTION (ID # 4095) DOC ID: 4095 C
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement m
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From: Emilio Murga M/CC Meeting Date: 10/19/2015 co
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Prepared by: Fawna Velci, (909) 384-
5140
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Dept: Public Works Ward(s): 5, 6
Subject: °
Resolution of the Mayor and Common Council of the City of San Bernardino Accepting
the Palm Avenue Grade Separation Project Constructed by SANBAG as Complete. W
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(#4095)
Current Business Registration Certificate: Not Applicable z
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Financial Impact: E
There is no cost associated with accepting the work as complete. There will be costs =
associated with the bridge and landscape maintenance of undetermined amount at this E
time. Q
Motion: Adopt the Resolution. a)
Synopsis of Previous Council Action:
July 16, 2012 -Adopted Resolution No. 2012-200 (see attached agreement) approving a
a Construction Cooperative Agreement with the San Bernardino County o
Transportation Authority/SANBAG for the Palm Avenue Grade
Separation Project.
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Background:
On July 16, 2012, City Council approved a cooperative agreement with the San a
Bernardino County Transportation Authority/SANBAG to construct a grade separation a
over BNSF Railroad track lines at Palm Avenue. The poject was designed, constructed,
inspected and administered by SANBAG. The work is now complete to the satisfaction
of the City in accordance with the construction plans and specifications. SANBAG has
requested that the City accept this project as complete. The City will be responsible for a
the bridge and landscape maintenance from this point forward. M
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The project's construction cost per the agreement is $15,200,000, the City's match is o
$2,219,200 (14.6%) and SANBAG paying the remaining amount (85.4%). There are o
some outstanding project items, such as condemnation litigation on two properties
where the right-of-way was obtained by SANBAG. These items are expected to be
resolved in 2016, at which time the final cost of the project will be known and the City �.
may be expected to pay its proportional share of the cost. SANBAG will be providing a
final report of expenditures for all project costs within approximately four months. w
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Staff recommends that the City Council accept the work performed by SANBAG as
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Exhibit "C" a
Updated: 10/15/2015 by Georgeann "Gigi" Hanna C I Packet Pg. 568
5.R.d
4095
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complete and authorize the City Engineer to record the Notice of Completion for the o
project. a
City Attorney Review: Z
Yes Q
Supporting Documents
Palm Avenue Acceptance Resolution (DOCX) o
Resolution 2012-200 (PDF) 6
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Updated; 1011 15 by Georgeann Gigi Hanna C
Packet Pg. 569
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RESOLUTION NO.2015-231 0°
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE PALM AVENUE GRADE SEPARATION
3 PROJECT CONSTRUCTED BY SANBAG AS COMPLETE. p
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4 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON v
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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6 SECTION 1. The Mayor and Common Council hereby accepts the Palm Avenue 2)
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$ Grade Separation Project constructed by the San Bernardino Associated Governments
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9 (SANBAG) as complete, accepts responsibility for maintenance of the Palm Avenue Bridge
10 and landscaping,and authorizes the City Engineer to issue of a Notice of Completion.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF N
2 SAN BERNARDINO ACCEPTING THE PALM AVENUE GRADE SEPARATION
PROJECT CONSTRUCTED BY SANBAG AS COMPLETE. 3
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof,held on the
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7 19th day of October,2015,by the following vote,to wit: it
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8 Council Members: AYES NAYS ABSTAIN ABSENT z°
9 MARQUEZ X
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BARRIOS X
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12 VALDIVIA X r
13 SHORETT X
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14 NICKEL X E
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JOHNSON X
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16 MULVIHILL X
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19 GeorgAnn Hanna,CMC, City Clerk a.
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20 The foregoing resolution is hereby approved this day of October. 2015. a
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22 R.CAREY AVI ,Mayor L,
23 City of San 6ernardino N
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24 Approved as to form:
25 GARY D. SAENZ
City Attorney v
26 By. G1-tr'"' w
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Packet Pg.571`