HomeMy WebLinkAbout2016-098 1 RESOLUTION NO. 2016-98
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
3 CONTRACT NO. 16-1001476, A MEMORANDUM OF UNDERSTANDING WITH
4 THE SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR THE
DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION
5 OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT.
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. 16-1001476 with the San
10 Bernardino County Transportation Authority (AUTHORITY or SANBAG) to provide project
11
12 management services for environmental, Plans Specifications & Estimate, Right-of-Way and
13 Construction phases for the development of the Mount Vernon Avenue Grade Separation over
14 the BNSF Railway Intermodal Yard Project, attached herein as Attachment "A".
15 SECTION 2. The authorization to execute the above-referenced agreement is
16 rescinded, void, and of no further effect if not executed by all parties and returned to the
17 Office of the City Clerk within ninety (90) days of the passage of this Resolution.
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1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
2 CONTRACT NO. 16-1001476, A MEMORANDUM OF UNDERSTANDING WITH
THE SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR THE
3 DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION
4 OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
7 the 16`" day of May, 2016, 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 RICHARD X_
17 MULVIHILL X
18
19
George n Hanna, C C, City Clerk
20 !e
21 The foregoing Resolution is hereby approved this �,�,r7 day of May, 2016.
22
23 C
R. Carey Davis, ayor
24 City of San Be ardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
27
28 By:
2
2016-98
CONTRACT 16-1001476
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO
FOR THE DEVELOPMENT OF
THE MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILWAY INTERMODAL YARD
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 E, terminate upon the date a notice of completion is recorded
for the Mount Vernon Bridge Replacement Project (PROJECT) or June 30, 2024, whichever is
earlier.
H. RECITALS
A. WHEREAS, the PROJECT is included in the SANBAG Development Mitigation Nexus Study
and is eligible to receive funds from the Measure 1 2010-2040 Valley Major Street 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 Project
Description 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.
E. 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.
F. 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.
16-1001476 Page l of 6
2016-98
G. 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.
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
each phase of the PROJECT that will identify the specific roles and responsibilities of
AUTHORITY and PROJECT SPONSOR including specific funding commitments.
III. AUTHORITY'S RESPONSIBILITIES
A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with
Measure 12010-2040 Valley Major Street Program Strategic Plan Policy 40006 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 Major Street Program Strategic Plan Policy.
C. AUTHORITY will assign a project manager 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 Major Street Program Strategic Plan Policy and
subsequent agreements, including Loan Agreements.
B. PROJECT SPONSOR will assign a project manager of its staff to coordinate with
AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate the
delivery of the PROJECT.
C. 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 (right-of-way or construction) within ten years or the federal funds may
be required to be repaid to FHWA. Responsibilities related to the federal funding will be
outlined in the cooperative agreement(s).
B. The PARTIES acknowledge that actual cost of a specific phase may ultimately vary from the
16-1001476 Page 2 of 6
2016-98
estimates provided in Exhibit A, however, under no circumstances is the total project cost to
exceed $93,636,149 without an amendment to this Agreement.
C. The PARTIES acknowledge that the intent is for AUTHORITY to act as the lead agency for the
remaining phases of the PROJECT. Cooperative Agreements will be developed for each phase
that will identify the specific roles and responsibilities of AUTHORITY and PROJECT
SPONSOR.
D. PROJECT SPONSOR shall enter into an escrow agreement with AUTHORITY within 60
calendar days after execution of Cooperative Agreements and make deposits of Local Share and
SANBAG Oversight cost for each phase of the PROJECT.
E. Termination. Both AUTHORITY and PROJECT SPONSOR shall have the right at any time, to
terminate this MOU, with or without cause, by giving ninety (90) 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 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.
F. 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 City Engineer or designee for CITY OF SAN BERNARDINO. For AUTHORITY, that
person shall be Brian Smith, 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 Governments
San Bernardino, CA 92418 1170 W. 3rd Street
ATTN: Mark Scott, City Manager San Bernardino, CA 92410-1715
cc: Director of Public Works ATTN: Executive Director
CC: Andrea Zureick
G. 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.
H. Recitals. The Recitals stated above are integral parts of this MOU and are hereby incorporated
into the terms of this MOU.
-------------------------------------------Signatures on the Following Page------------------------------------------
16-1001476 Page 3 of 6
2016-98
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
By: CITY OF SAN BERNARDINO
Ryan McEachron
Board President
By:
Date: Mark Scott
City Manager
APPROVED AS TO FORM:
Date:
By: APPROVED AS TO FORM:
Eileen Monaghan Teichert
General Counsel
By:
ry Saenz
CONCURRENCE: City A mey
By:
Jeffery Hill
Procurement Manager
16-1001476 Page 4 of 6
2016-98
Exhibit A
Project Description
Project Scope:
Mt. Vernon Ave., over BNSF,AMTRAK, UP RR; Replace 4 lane bridge with 4 lane bridge between 2nd Street
and 5th Street..
Project Cost Estimate and Funding Shares:
Public Share: 67.6%
Nexus Development Impact Fee Share (DIF, "Development Share" or"Local Share"): 32.4%
Estimated Federal/State Development
Phase Cost* Buy-downs*** Public Share Share
Project Alternative &
Environmental Documents $95,000 $84,103 $7,366 $3,531
(PA&ED)**
Plans, Specification and $7,289,265 $6,453,187 $565,189 $270,889
Estimates (PS&E)
Right-of-Way $3,537,700 $3,131,926 $274,303 $131,471
Construction (Including
$81,464,184 $72,567,572 $6,014,110 $2,882,502
Construction Management)
SANBAG Oversight $1,250,000 $0 $0 $1,250,000
Total $93,636,149 $82,236,788 $6,860,968 $4,538,393
*Estimated Costs are based on 2015 project scope and estimate without cost escalations
**PA&ED cost incurred after April 2010.
***Federal Highway Bridge Program (HBP)and Proposition IB Local Bridge Seismic Safety Retrofit Program
(LSSRP)Funds
Actual
Project Milestones: Milestone Forecast
Start of Project 8/2009
Environmental Approval 6/2011
Design Approved/ROW Certified (10/2019)
Construction Notice to Proceed (6/2020)
Completed for Beneficial Use (2/2023)
16-1001476 Page 5 of 6
2016-98
Exhibit B
THE MOUNT VERNON BRIDGE REPLACEMENT PROJECT
Conceptual Layout
Mt Vernon OH (Replace)
TE Mt Vernon Ave Bridge
O
k 4*-K Vi
MTRAX
..tr
..........
N QtQ.Av". An W9T0Q4,NK WAY
Limits of Roadway
I mprovements,Typ
PLAN.
16-1001476 Page 6 of 6
2016-98
CONTRACT 16-1001476
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO
FOR THE DEVELOPMENT OF
THE MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILWAY INTERMODAL YARD
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 E, terminate upon the date a notice of completion is recorded
for the Mount Vernon Bridge Replacement Project (PROJECT) or June 30, 2024, whichever is
earlier.
II. RECITALS
A. WHEREAS, the PROJECT is included in the SANBAG Development Mitigation Nexus Study
and is eligible to receive funds from the Measure 1 2010-2040 Valley Major Street 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 Project
Description 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.
E. 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.
F. 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.
16-1001476 Page 1 of 6
2016-98
G. 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.
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
each phase of the PROJECT that will identify the specific roles and responsibilities of
AUTHORITY and PROJECT SPONSOR including specific funding commitments.
III. AUTHORITY'S RESPONSIBILITIES
A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with
Measure 12010-2040 Valley Major Street Program Strategic Plan Policy 40006 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 Major Street Program Strategic Plan Policy.
C. AUTHORITY will assign a project manager 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 Major Street Program Strategic Plan Policy and
subsequent agreements, including Loan Agreements.
B. PROJECT SPONSOR will assign a project manager of its staff to coordinate with
AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate the
delivery of the PROJECT.
C. 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 (right-of-way or construction) within ten years or the federal funds may
be required to be repaid to FHWA. Responsibilities related to the federal funding will be
outlined in the cooperative agreement(s).
B. The PARTIES acknowledge that actual cost of a specific phase may ultimately vary from the
16-1001476 Page 2 of 6
2016-98
estimates provided in Exhibit A, however, under no circumstances is the total project cost to
exceed $93,636,149 without an amendment to this Agreement.
C. The PARTIES acknowledge that the intent is for AUTHORITY to act as the lead agency for the
remaining phases of the PROJECT. Cooperative Agreements will be developed for each phase
that will identify the specific roles and responsibilities of AUTHORITY and PROJECT
SPONSOR.
D. PROJECT SPONSOR shall enter into an escrow agreement with AUTHORITY within 60
calendar days after execution of Cooperative Agreements and make deposits of Local Share and
SANBAG Oversight cost for each phase of the PROJECT.
E. Termination. Both AUTHORITY and PROJECT SPONSOR shall have the right at any time, to
terminate this MOU, with or without cause, by giving ninety (90) 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.
F. 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 City Engineer or designee for CITY OF SAN BERNARDINO. For AUTHORITY, that
person shall be Brian Smith, 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 Governments
San Bernardino, CA 92418 1170 W. 3rd Street
ATTN: Mark Scott, City Manager San Bernardino, CA 92410-1715
cc: Director of Public Works ATTN: Executive Director
CC: Andrea Zureick
G. 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.
H. Recitals. The Recitals stated above are integral parts of this MOU and are hereby incorporated
into the terms of this MOU.
-------------------------------------------Signatures on the Following Page------------------------------------------
16-1001476 Page 3 of 6
2016-98
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
By: ��� CITY OF SAN BERNARDINO
yan McEachron
Board President �J
By: �`✓�
Date: Mark Scott
City Manager
APPROVED AS TO FORM: ,Z 37 -2-0
Date: �/ �
By: L APPROVED AS TO FORM:
ileen Monag an Teichert
General Counsel
By: ILL
Arty Saenz
CONCURRENC rney
By:
Jeft7rWill
Procurement Manager
16-1001476 Page 4 of 6
2016-98
Exhibit A
Project Description
Project Scope:
Mt. Vernon Ave., over BNSF, AMTRAK, UP RR; Replace 4 lane bridge with 4 lane bridge between 2°d Street
and 5th Street..
Project Cost Estimate and Funding Shares:
Public Share: 67.6%
Nexus Development Impact Fee Share (DIF, "Development Share" or"Local Share"): 32.4%
Estimated Federal/State Development
Phase Cost* Buy-downs*** Public Share Share
Project Alternative &
Environmental Documents $95,000 $84,103 $7,366 $3,531
(PA&ED)**
Plans,Specification and
Estimates (PS&E) $7,289,265 $6,453,187 $565,189 $270,889
Right-of-Way $3,537,700 $3,131,926 $274,303 $131,471
Construction (Including $81,464,184 $72,567,572 $6,014,110 $2,882,502
Construction Management)
SANBAG Oversight $1,250,000 $0 $0 $1,250,000
Total $93,636,149 $82,236,788 $6,860,968 $4,538,393
*Estimated Costs are based on 2015 project scope and estimate without cost escalations
**PA&ED cost incurred after April 2010.
***Federal Highway Bridge Program (HBP) and Proposition 113 Local Bridge Seismic Safety Retrofit Program
(LSSRP)Funds
Actual
Project Milestones: Milestone Forecast
Start of Project 8/2009
Environmental Approval 6/2011
Design Approved/ROW Certified (10/2019)
Construction Notice to Proceed (6/2020)
Completed for Beneficial Use (2/2023)
16-1001476 Page 5 of 6
2016-98
Exhibit B
THE MOUNT VERNON BRIDGE REPLACEMENT PROJECT
Conceptual Layout
Mt Vernon OH (Replace)
r Mt Vernon Ave Bridge
Y wf£O 1VK t: Y>I�FN{YC
i
w
•n.
{
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i
I _ �
� : { r'� a14R WWMXAXfiIko
Y AYTw A:K
s
♦,XIiaM{MFda ♦iN «.+..r � '. rw3iwMar91, r. ''. Y
X 910.4 0LA AVE .9"D iXK.WAV WaN MW44A01k4
Y
Y9TX.9LIYK STATION r`
: Ana 4iAafilFR AMW
Limits of Roadway
I mprovements,Typ
PLAN.
16-1001476 Page 6 of 6