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HomeMy WebLinkAbout05.H- MOU with San Bernardino Associated Governmnets - Lead Agency for Environmental Clearance, Design, Right-Of-Way Acquisition 5.H DOC ID: 4285 D CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Marlene Miyoshi M/CC Meeting Date: 02/16/2016 Prepared by: Fawna Velci, (909) 384- 5140 Dept: Public Works Ward(s): All Subject: Request for Mayor and Common Council Concurrence to Develop a Memorandum of Understanding (MOU) with the San Bernardino Associated Governments (SANBAG) Designating SANBAG as Lead Agency for Environmental Clearance, Design, Right-Of- Way Acquisition and Construction of the Mt. Vernon Avenue Viaduct Over the BNSF Railroad (SSO4-12). (#4285) Current Business Registration Certificate: Not Applicable Financial Impact: Motion: Direct staff to develop a Memorandum of Understanding (MOU) with the San Bernardino Associated Governments (SANBAG) designating SANBAG as lead agency for Environmental Clearance, Design, Right-of- Way Acquisition and Construction of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (SSO4-12). Synopsis of Previous Council Action: 03-01-10 Resolution No. 2010-036 adopted approving Amendment No. 5 to Services Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. 10-20-08 Resolution No. 2008-405 adopted approving Amendment No. 4 to Services Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. 09-17-07 Resolution No. 2007-382 adopted approving Amendment No. 3 to Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF Railroad. 12-20-04 Resolution No. 2004-399 adopted approving Amendment No. 2 to Agreement with LAN Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF Railroad and Resolution No. 2004-400 adopted approving Amendment No. 1 with Jones & Stokes for additional environmental services for the Mt. Vernon viaduct over the BNSF Railroad. 03-15-04 Resolution No. 2004-73 authorizing execution of Professional Services Agreement with LAN Engineering Corporation for the Project Management of the Mt. Vernon Ave. Viaduct over the BNSF railroad in the amount of $49,000. Updated: 2/11/2016 by Georgeann "Gigi" Hanna D I Packet Pg. 162- 4285 12-01-03Adopted resolution approving Professional Environmental Services Agreement with Myra L. Frank and Associates for environmental services related to the Mt. Vernon Bridge Project. Background: The Mt. Vernon Bridge is 1,016 feet long and spans over 20 train tracks. Three of the tracks are owned by Metrolink and carry 60 passenger trains per day. Two of the tracks are used by AMTRAK which run two trains per day under the bridge. The remainder of the tracks are owned by the Burlington Northern Santa Fe Railroad (BNSF). BNSF operates 3 transcontinental tracks which carry 80 transcontinental trains per day. BNSF has 6 intermodal strip tracks that operate 24 hours a day 7 days a week and carry an average of 12 trains per day. A total of 154 trains operate under the bridge every day. Replacement of the Mt. Vernon Bridge, which was built in 1934, has been a high priority for the City for more than 15 years. In 1997, Caltrans inspectors determined that the bridge had a sufficiency rating less than 50 out of a possible 100. Bridges rated less than 50 are considered to be structurally deficient and functionally obsolete. Federal funding in the amount of $40 million for replacement of the bridge was approved and a consultant was retained to design the replacement structure. Bridge Cracks In early 2004, Caltrans inspectors found significant cracks in steel girders supporting the bridge deck over the BNSF yard. The bridge was closed to all traffic on June 4, 2004 and remained closed for about 5 months. The City installed timber shoring at 4 locations where cracks were found and reopened the bridge to traffic in late 2004. In 2008, additional cracks were found by Caltrans inspectors near the south end of the bridge over the SANBAG/Metrolink area. Additional shoring was installed at 3 locations where new cracks were found. On September 2, 2008, Ordinance No. MC-1283 was adopted amending San Bernardino Municipal Code Section 10.24.190(a) prohibiting all commercial vehicles except for commercial pickup trucks, vans, and passenger cars on Mt. Vernon Avenue between 5th Street and 2nd Street (Mt. Vernon Avenue Bridge). This action was taken to slow the deterioration of the bridge, which had been occurring due to heavy truck loads. BNSF Requirements In June of 2011, environmental clearance was obtained from Caltrans to replace the bridge. Subsequently, the City retained the consulting firm of AECOM to provide the final design plans and right of way documents. The City is required to mitigate any Updated: 2/11/2016 by Georgeann "Gigi" Hanna D Packet,Pg. 163 5.H 4285 interference with the railroad operations during the project. As such, staff entered into discussions with BNSF at that time to determine the impacts on their operations. BNSF has insisted that the following mitigations to reduce the impact on their operations be included in the project: 1. Install two new intermodal tracks at the north side of the rail yard to offset tracks that would be taken out of service during construction. These two intermodal tracks are to be built to permanent standards and will be left in place after completion of construction. BNSF contends that the cost of removal of the tracks less any salvage value will be more costly than simply leaving them in place. 2. Develop land for trailer parking spaces which will be displaced by construction of the new strip tracks, including paving, striping, lighting, concrete barriers, chain link fencing and two new access gates. Approximately 420 trailer parking spaces are being displaced and will need to be moved to the new location. The preferred location for the new trailer parking is on the north side of 4th Street between Tia Juana Street and Mt. Vernon Avenue. This action will require the acquisition of 47 parcels consisting of vacant land, single family residences, and multifamily residences. Many of the parcels are occupied. 3. Relocate existing rail yard facilities impacted by construction of new intermodal tracks, including two new crane repair pads, a new Eagle maintenance building, new maintenance support buildings and all of the mechanical, electrical and plumbing improvements needed to support those facilities. 4. Complete work on 4th Street needed to integrate the existing yard with the new yard improvements that are proposed to be placed north of 4th Street, including removal of existing pavement, fencing curb and gutter, and construction of new fencing, curb and gutters two new gated entrances, relocation of lighting, landscaping and installation of a new security camera system. 5. Transfer the property purchased for trailer parking, including improvements, to BNSF after construction and vacate 4th Street between Tia Juana and Mt. Vernon Avenue. BNSF has been asked to contribute a fair share amount to the cost of these improvements, estimated at approximately $36 million, but they have declined. However, they have agreed to pay $3.2 million for a 90' 6" extension of the bridge beyond the length needed for the project to accommodate their ultimate expansion plan. After careful consideration of these mitigations, AECOM recalculated the project and determine that $40 million would not be enough and that a total of $92,386,149 will be needed to complete the project. The cost of property needed for the trailer parking area was not included in that estimate because it was anticipated that BNSF would pay for the land. Improvements to the trailer parking area are included in the estimate. An application for the additional funding was submitted to Caltrans in November 2015. In a conference call on December 14, 2015, Caltrans Highway and Bridge Program Staff Headquarters agreed that replacement of the bridge is an important priority and they approved the additional funding. Updated: 2/11/2016 by Georgeann "Gigi" Hanna D Packet Pg. 164 5.H 4285 High Cost Project Additional hurdles remain, even after approval of the additional funding. Because the construction cost for this project is more than $20 million, Caltrans considers this project a "High Cost" project. Being placed in this category requires that the Agency finance the construction up front and receive reimbursement at the rate of $20 million per year. That will require the City to up front $82 million during the two year construction period and be paid back at the rate of only $20 million per year. Therefore, the City will need to carry approximately $42 million plus the local share for as long as 3 years after completion of construction. Also, BNSF in recent meeting has been hedging on funding the purchase of the property needed for the parking of the displaced trailers. SANBAG On January 26, 2016, a meeting was held with the San Bernardino Associated Governments (SANBAG). SANBAG has extensive experience delivering large complex projects and has submitted a financing plan which will minimize the City's share of the project cost. SANBAG has shown interest in taking over the project from the City. They feel they will not lose time due to the change and can have the project under construction by 2020. Even though SANBAG will take the lead for the project, City staff will still be involved in the decision making process. Another potential issue is the need for additional right of way acquisition for to loss of trailer truck parking on site due to construction of bypass tracts. SANBAG expertise in dealing with complex projects such as this Bridge will be critical in providing a resolution to the issue of trailer parking. Acquisition of land for a new parking area may cost up to $18 million and potentially cause a two to three year delay in completion of the project. Funding for the $18 million has not yet been finalized. If the City choses to turn the project over to SANBAG, they will take over all responsibility for environmental clearance, design engineering, right-of-way acquisition, utility relocation and construction. They will also handle all coordination with BNSF, Metrolink, AMTRAK, Caltrans and utility owners. They will be responsible for funding the project up front, requesting reimbursement from Caltrans and invoicing the City for its local share of the cost. SANBAG will charge a "Program Management" fee of approximately $1.25 million which will be in addition to the City's local share of the project cost. Financial Impact: This project is receiving federal funds through the Highway Bridge Program and State Seismic Retrofit Programs. This project is also included in SANBAG's Development Impact Fee (DIF) Program. 88.53% percent of the cost of this project will be reimbursable from a combination of Highway Bridge Program (HBP) funds and Seismic Retrofit Funds. The City's matching share (11.47%) will be split between SANBAG Updated: 2/11/2016 by Georgeann "Gigi" Hanna D I Packet Pg. 165 5.H ' 4285 (67.6%) and the City (32.4%). The net City share will be approximately 3.5% of the total cost of the project or $3.23 million. If the City agrees to let SANBAG take the lead, a I. "Program Management" fee in the approximate amount of $1.25 million will be charged by SANBAG. Funding of the City's total commitment (approximately $4.58 million) could be funded from Measure I Revenue and Development Impact Fees (DIF). Recommendation: Direct staff to develop a Memorandum of Understanding (MOU) with the San Bernardino Associated Governments (SANBAG) designating SANBAG as lead agency for Environmental Clearance, Design, Right-of-Way Acquisition and Construction of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (SSO4-12). Supporting Documents: II i Updated: 2/11/2016 by Georgeann "Gigi" Hanna D Packet Pg. 166