HomeMy WebLinkAbout05.T- Public Works RESOLUTION (ID # 4595) DOC ID: 4595 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Chris Alanis M/CC Meeting Date: 09/06/2016
Prepared by: Michael Grubbs, (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 Cooperative Agreement No. 16-1001335 with the San Bernardino
County Transportation Commission (Authority) for the Interstate 215/University Parkway
Interchange Project (Ss04-019). (#4595)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $400,000 FY 16/17
Account No. 264-160-7240*5504
Account Description: University Pkwy/1-215 Freeway Interchange Improvements
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
12/06/04 Resolution No. 2004-383 approving Agreement with TY Lin International to
provide a PSR/PR documents for the University Parkway/Interstate 215
Interchange Southbound Loop Entrance Ramp project (SSO4-19).
07/16/07 Resolution No. 2007-257 adopted approving Amendment No. 1 with TY Lin
International to provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp
project (SSO4-19).
02/19/08 Resolution No. 2008-60 adopted approving Amendment No. 2 with TY Lin
International to provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp
project (SS04-19).
05/19/08 Resolution No. 2008-152 adopted approving Amendment No. 3 with TY Lin
International to provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp
project (SSO4-19).
07/06/09 Resolution No. 2009-199 adopted approving Amendment No. 4 with TY Lin
International to provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp
project (SSO4-19).
10/19/15 Resolution No. 2015-233 adopted approving a Memorandum of
Understanding (MOU) No. 15-1001217 and Cooperative Agreement No. 16-
Updated: 8/30/2016 by Georgeann "Gigi" Hanna B I Packet Pg. 680
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4595
1001335 with SANBAG for Project Management of the University
Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp
project (SSO4-19)
Background:
On October 19, 2015, the City approved Memorandum of Understanding (MOU) No.
15-1001217 and Cooperative Agreement No. 16-1001335 to transfer responsibility for
Project Management for the University Parkway/Interstate 215 Interchange
Southbound Loop Entrance Ramp project (SSO4-19) to the San Bernardino County
Transportation Commission (Authority), also known as SANBAG, to complete.
The goal of this project is to relieve congestion on westbound University Parkway due
to heavy left turn movements onto the southbound 1-215 Freeway. Two alternatives
are being studies as follows: 1) a loop on-ramp at the northwest quadrant or 2) a
Divergent Diamond Interchange (DDI). The City is in the process of completing a
Project Study Report-Project Development Support (PSR-PDS), which is expected to
be finished by the end of August 2016. Cooperative Agreement No. 16-1001335
provides that, upon completion of the PSR-PDS and acceptance by Caltrans, the
project will be turned over to SANBAG for Project Management and delivery. We
expect that transfer to be completed in October 2016.
On August 11, 2016, the SANBAG Board awarded a Contract to HDR for design and
environmental services for the Project Approval & Environmental (PA/ED) and the
Plans Specifications and Estimate (PS&E) phases in the amount of$1,500,932.00
plus a $225,140.00 contingency (See Attachment "A"). This amount was higher than
anticipated, so the SANBAG Board also approved Amendment No. 1 to Cooperative
Agreement No. 16-1001335 with the City. The cost increase is reflected in the
Amendment and is being fully funded through a Federal Demonstration (DEMO) grant.
There is no change to SANBAG's or the City's share.
SANBAG is asking that the City approve Amendment No. 1 to the Cooperative
Agreement to modify the distribution of costs for the project. There is no change
proposed to the City's share of the cost of the Phases currently in process.
Amendment No. 1 also provides for removal of language in the original Agreement
establishing an escrow to hold the City's share of the cost of each phase. Instead of
establishing an escrow, the City will simply deposit its share of the cost of each phase
with SANBAG as the work progresses. The amount of$242,942 will need to be
deposited with SANBAG for the PA/ED and PS&E phases. This deposit is expected to
be required in October 2016.
A total of$400,000 is proposed in the 2016/17 Capital Improvement Plan (CIP) to cover
the anticipated cost of this project for FY 2016/17. Funds will be allocated each year to
cover future phases of the work. The total cost to the City is currently expected to be
approximately $500,000.
SANBAG has provided the following timetable for completion of the project:
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Updated: 8/30/2016 by Georgeann "Gigi" Hanna B Packet Pg. 681
4595
Milestone Actual
(Forecast
Start of Project Approval and Environmental Document (PA/ED) (9/2016)
Environmental Approval (12/2017)
Design Approved and ROW Certified (12/2018)
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt 4595 (PDF)
2015-233 (PDF)
Attach A - Univ 1-215 SANBAG Approval of Amend 1 to Coop (PDF)
Updated: 8/30/2016 by Georgeann "Gigi" Hanna B Packet Pg. 682`
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO COOPERATIVE
3 AGREEMENT NO. 16-1001335 WITH THE SAN BERNARDINO COUNTY E
TRANSPORTATION COMMISSION (AUTHORITY) FOR THE INTERSTATE o
4 215/UNIVERSITY PARKWAY INTERCHANGE PROJECT (SSO4-019). Q.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: s
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7 SECTION 1. The City Manager is hereby authorized and directed to execute on
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8 behalf of the City,Amendment No. 1 to Cooperative Agreement No. 16-1001335 with the San N
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Bernardino County Transportation Commission (Authority) to provide project management
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11 services for Project Approval/Environmental Document (PA/ED) and Plans Specifications o
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12 and Estimate (PS&E) phases for the Interchange at University Parkway and Interstate 215 (I-
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13 215), attached herein as Exhibit"A".
14 SECTION 2. The authorization to execute the above-referenced Agreements is 3
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rescinded if they are not executed by all parties and returned to the Office of the City Clerk E
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17 within ninety(90) days of the passage of this resolution. Q
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO COOPERATIVE
AGREEMENT NO. 16-1001335 WITH THE SAN BERNARDINO COUNTY
3 TRANSPORTATION COMMISSION (AUTHORITY) FOR THE INTERSTATE E
2151UNIVERSITY PARKWAY INTERCHANGE PROJECT (SSO4-019) 'o
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting
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7 thereof,held on the day of , 2016,by the following vote, to wit: C
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Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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15 NICKEL
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19 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2016.
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23 R. CAREY DAVIS, Mayor 3
City of San Bernardino 0
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25 Approved as to form:
Gary D. Saenz, City Attorney E
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By:
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EXHIBIT A
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
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SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
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CITY OF SAN BERNARDINO
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PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED),PLANS,
SPECIFICATIONS AND ESTIMATES (PS&E),AND RIGHT OF WAY(ROW) PHASES N
FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215(1-
215)IN THE CITY OF SAN BERNARDINO
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This Amendment No. 1 to Cooperative Agreement No. 16-1001335 is made by and between the
San Bernardino County Transportation Authority (AUTHORITY) and the City of San 0
Bernardino (CITY). The AUTHORITY and CITY are collectively known as PARTIES.
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RECITALS: a
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A. PARTIES entered into Cooperative Agreement No. 16-1001335 in November 2015 to 3
define roles and responsibilities and funding for improvements to the interchange at
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University Parkway and I-215 in the limits of the City of San Bernardino (PROJECT); and E
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B. AUTHORITY initiated procurement for environmental and design services for the PA/ED a
and PS&E phases and is currently negotiating the scope and cost for professional services; 0
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C. The estimated cost of the PA/ED and PS&E phases has increased; and
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D. PARTIES desire to amend the agreement to allow CITY to deposit its share directly to
AUTHORITY. Ln
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NOW THEREFORE,in consideration of the terms and conditions set forth herein, the v
PARTIES agree to the following:
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1. Delete Section III (AUTHORITY RESPONSIBILITIES), Article C in its entirety and
replace with the following:
"C. To Provide CITY monthly copies of payments processed from the CITY's deposit w
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amount described in Section IV, Article C." a
16-1001.335-01 1
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EXHIBIT A
2. Delete Section IV(CITY RESPONSIBILITIES),Article B in its entirety.
3. Delete Section IV (CITY RESPONSIBILITIES), Article C in its entirety and replace ,
with the following.
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"C. To pay AUTHORITY a deposit of the full amount of the CITY's estimated share o
towards the PANED, PS&E, and ROW phases of the PROJECT cost and for E
AUTHORITY's Project Management as shown in Attachment A-1 within thirty (30)
calendar days after AUTHORITY invoices CITY. AUTHORITY will have the right
to withdraw funds for all eligible PROJECT expenditures as set forth in this
agreement, including eligible PROJECT expenditures prior to CITY's deposit of
funds. Any unused funds will be returned to CITY." N
4. Replace"Attachment A"with the attached revised "Attachment A-1".
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5. Replace all references to "Attachment A" in the Agreement with reference to M
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6. The recitals of this Amendment No. 1 are incorporated into the Agreement by reference. z
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7. All other provisions of Cooperative Agreement No. 16-1001335 shall remain in full force r
and effect and are incorporated into this Amendment. 3
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8. This Amendment No. 1 is effective on the date signed by AUTHORITY. a
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9. This Agreement may be signed in counterparts, each of which shall constitute an original. o
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----------SIGNATURES ON THE FOLLOWING PAGE---------- °
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16-1001335-01 2
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EXHIBIT A
IN WITNESS WHEREOF, the PARTIES have duly executed this Amendment No. 1 below.
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
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By. By: L CL
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Raymond W. Wolfe Mark Scott E
Executive Director City Manager
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Date: Date:
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APPROVED AS TO FORM: APPROVED AS TO FORM: L
Gary D. Saenz, City Attorney >
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By: By:
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General Counsel z
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CONCURRENCE d
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Jeffery Hill U
Procurement Manager °
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16-1001335-01 3
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EXHIBIT A
Attachment A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway
access to 1-215 and improving local traffic flow on University Parkway. An alternative being E
evaluated is to reconstruct the existing ramp intersections at the interchange into a Diverging o
Diamond Interchange (DDI) configuration. Further study will determine the final configuration E
and design of the interchange improvements.
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Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share/Local Share: 15.8% `
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Phase Estimated Buy-Down Public Share Development
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Funds 3 Share L
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Project Approval and $1,022,216 $939,716 $69,465 $13,035 M
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Design (PS&E) $703,856 $703,856 $- $- a
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Right of Way (ROW) $62,700 $- $52,793 $9,907 3
SANBAG Oversight $220,000 $- $220,000
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TOTAL $2,008,772 $1,643,572 $122,258 $242,942 Q
Estimated cost assumes DDI configuration and analysis of one alternative only. c
2 Project costs that are not federally reimbursable will be split according to the Nexus Study 0
Share. °
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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 and $735,000 of Surface W
Transportation Priorities Sec 129 Funds. a
Project Milestones: rn
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Actual v
Milestone (Forecast) 0)
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Start of Project Approval and (9/2016) E
Environmental Document(PA/ED)
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Environmental Approval (12/2017)
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Design Approved and ROW Certified (12/2018) c
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Milestone assumed DDI configuration and analysis of one alternative only. Anticipated a
environmental document is a Categorical Exemption/Categorical Exclusion.
16-1001335-01 4
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® 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 d
4 THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY o
(AUTHORITY OR SANBAG) FOR THE INTERSTATE 215/UNIVERSITY C
5 PARKWAY INTERCHANGE PROJECT (SSO4-019). d
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized and directed to execute on Ln
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9 behalf of the City, Memorandum of Understanding (MOU) No. 15-1001217 and Cooperative
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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 4-
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and Construction phases for the Interchange at University Parkway and Interstate 215 (I-215), Z
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14 attached herein as Exhibits "A" and"B". r
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15 SECTION 2. The authorization to execute the above-referenced Agreements is
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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 2151UNIVERSITY d
PARKWAY INTERCHANGE PROJECT (SSO4-019).
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and E
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6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
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7 19`h day of October, 2015, by the following vote,to wit: S
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Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ X
11 BARRIOS X ,o
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12 VALDIVIA X Z
13 SHORETT X
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15 NICKEL X
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16 JOHNSON X
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George Hanna, CMC, City Clerk
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21 The foregoing resolution is hereby approved this � day of October 15.
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23 R. CAREY DAAIS, Mayor LO
24 City of San B rnardino N
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25 Approved as to form:
GARY D. SAENZ,
26 City Attorney Q
10 27 By (—'A
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EXHIBIT "A"
OWN
CONTRACT 15-1001217
MEMORANDUM OF UNDERSTANDING
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BETWEEN THE
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SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY C
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FOR THE DEVELOPMENT OF w
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THE INTERSTATE 215 UNIVERSITY PARKWAY INTERCHANGE PROJECT ("PROJECT") N
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I. PARTIES AND TERM >
A. This Memorandum of Understanding ("MOU") is entered by and between the SAN $-
BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("AUTHORITY" or 0
"SANBAG") and the CITY OF SAN BERNARDINO ("PROJECT SPONSOR") (and together a
the "PARTIES") on the Effective Date defined later herein. co ned
The Term of this MOU will commence on the Effective Date and, unless terminated early as r
provided in Section V, Paragraph C, terminate upon completion of the AUTHORITY's 3
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 m
earlier in time.
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II. RECITALS 0
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A. WHEREAS, the PROJECT is included in the approved SANBAG 10-Year Delivery Plan and o
SANBAG Development Mitigation Nexus Study and is eligible to receive funds from the
Measure 12010-2040 Valley Freeway Interchange Program.
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B. WHEREAS, the PARTIES desire to proceed with development of the PROJECT. Q
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C. WHEREAS, the PARTIES are entering into this PROJECT MOU for the purpose of v
documenting the terms and conditions of cooperation between the PARTIES required to M
complete the PROJECT with respect to cost, funding, schedule, and scope, as detailed in N
Exhibit A, attached hereto and incorporated herein by this reference. o
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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.
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E. WHEREAS, the PARTIES acknowledge the intent to move forward with the PROJECT, the a
Public and Local Agency funding shares required to complete the PROJECT, and the
reasonable expectation of funding availability.
15-1001217 Pagel
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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 CD
funds necessary to complete the PROJECT, but the MOU does not commit the PARTIES to 0
perform work or provide funding for the PROJECT, and imposes no enforceable obligations
upon the PARTIES and does not grant any rights.
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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. _
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I. WHEREAS, the PARTIES understand that a Cooperative Agreement will be developed for the i
PROJECT that will identify the specific roles and responsibilities of AUTHORITY and N
PROJECT SPONSOR including specific funding commitments for each phase of the
PROJECT.
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III. AUTHORITY'S RESPONSIBILITIES '°
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A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with Z
Measure I 2010-2040 Valley Freeway Interchange Program Strategic Plan Policy 40005 and <
subsequent Cooperative Agreements.
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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. a
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C. AUTHORITY will assign a qualified member of its staff to coordinate with the PROJECT a
SPONSOR, as determined reasonably necessary by AUTHORITY to facilitate the delivery of 0
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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. E
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IV. PROJECT SPONSOR'S RESPONSIBILITIES
A. PROJECT SPONSOR will be responsible for the Local Share of the PROJECT costs in M
accordance with Measure 1 2010-2040 Valley Freeway Interchange Program Strategic Plan N
Policy 40005 and subsequent agreements, including Loan Agreements. PROJECT SPONSOR r
will deposit Local Share of the PROJECT cost in an escrow for PROJECT expenditures. N
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 Q
AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate the
delivery of the PROJECT.
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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
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A. The PARTIES acknowledge that should federal funds be used in the environmental or design d
phases of work, Federal Highway Administration (FHWA) requires that the PROJECT must o
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 Ln
terminate this MOU, with or without cause, by giving thirty (30) calendar days written notice to N
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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 Z
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 0
subsequent MOU or agreement.
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D. Notification. Each Party will designate a person to be responsible for day-to-day N
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. 3
For AUTHORITY, that person shall be Paul Melocoton, Project Manager. All notices and E_
communications regarding this MOU, interpretation of the terms of this MOU, or changes E
thereto will be provided as follows:
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CITY OF SAN BERNARDINO SANBAG a
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San Bernardino Associated L)
300 North"D" Street, 61h Floor Governments °
San Bernardino, CA 92418 1170 W. 3rd Street
ATTN: Public Works Director San Bernardino, CA 92410-1715
ATTN: Director of Project Delivery E
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E. Amendment. In the event that the PARTIES determine that the provisions of this MOU should
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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 N
authorized representatives of the PARTIES. LO
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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 E
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By: By: rn
Ryan McEachron Allen J. Parker
President,Board of Directors City Manager L
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Date: Date: LO
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APPROVED AS TO FORM: APPROVED AS TO FORM: L
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By: By: c�
Eileen Monaghan Teichert ary . Saenz z
General Counsel City At orney Q
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CONCURRENCE: c
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Procurement Manager
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EXHIBIT "A"
Exhibit A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to 1-215
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 a
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Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share or Local Share: 15.8% 2
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Phase Estimated Cost Buy-down Funds"" Public Share Development Share4 Ln
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Project $676,873 $594,373 $69,465 $13,034 a
Approval and y
Environmental >
Design $482,932 $482,932 $- $- D
(PS&E) o
Right-of-Way $62,700 $- $52,760 $9,907 Q
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Construction Q
(Includes $3,314,000 $3,314,000 $- $-
Construction 3
Management&
Landscape $-
Maintenance
SANBAG $330,000 $- $- $330,000 a
Oversight CL
Total $4,866,505 $4,391,305 $122,225 $352,941 v
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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 cc
Surface Transportation Program funds. E
3 Project costs that are not federally reimbursable will be split according to the Nexus Study Share. Q
a Includes 10%contingency. LO
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EXHIBIT "A"
Project Milestones:
Actual d
Milestone` E
(Forecast)
Start of Project Approval and 0
Environmental Document Phase PANED (4/2016) E
Enviromnental Approval (4/2017)
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Design Approved/ROW Certified (2/2018)
Construction Notice to Proceed (6/2018)
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Completed for Beneficial Use (6/2019)
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'Milestone assumes DDI configuration and analysis of one alternative only. Anticipated environmental
determination is a Categorical Exemption/Categorical Exclusion. _
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15-1001217 Page 6
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2015-233
EXHIBIT "A"
Exhibit B
Interstate 215 at University Parkway Interchange Modifications
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EXHIBIT "B"
COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
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as
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY E
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AND a
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CITY OF SAN BERNARDINO a),
FOR 2-
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PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED), PLANS, �n
SPECIFICATIONS AND ESTIMATE (PS&E) AND RIGHT OF WAY (ROW) PHASES N
FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-
215) L
IN THE CITY OF SAN BERNARDINO
I. PARTIES AND TERM o
0
A. THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and m
between the San Bernardino County Transportation Authority (hereinafter referred to as Q
"AUTHORITY") and the City of San Bernardino (CITY), (AUTHORITY and CITY may be �
referred to herein as a "Party" and collectively "Parties").
3
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 E CD
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 a
of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until o
such time as the claims are settled, dismissed or paid. v
0
H. RECITALS
as
A. WHEREAS, CITY intends to improve the I-215 University Parkway Interchange within the E
limits of the City of San Bernardino; and "LO
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B. WHEREAS, planned improvements include improving freeway access to I-215 and 7
improving local traffic flow by reconstructing the existing ramp intersections at the M
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 N
"PROJECT"; and
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C. WHEREAS, the Parties acknowledge that further study will determine the final configuration
and design of the interchange improvements; and w
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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
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i
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
0
L
F. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities, E
and funding commitments relative to Project Management, PA/ED, PS&E, and ROW
activities of the PROJECT.
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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 C
of the PROJECT. N
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H. WHEREAS, sufficient coordination with Caltrans has not occurred to determine the level of
environmental and engineering documents nor have encroachment fees been addressed. >
D
I. WHEREAS, the CITY desires the AUTHORITY to provide project management services for o
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 m
40005/VFI-35; and Z
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J. WHEREAS, the remaining PROJECT cost, aside from AUTHORITY project management 3
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 0
Nexus Study and the SANBAG Measure 1 2010-2014 Strategic Plan; and
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NOW, THEREFORE, the Parties agree to the following: c
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III. AUTHORITY RESPONSIBILITIES o
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AUTHORITY agrees: a
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A. To be lead agency on Project Management, PA/ED, PS&E, and ROW, and to diligently Q
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undertake and complete, the PA/ED and PS&E work on PROJECT, including the selection
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and retention of consultants. Performance of services under these consultant contracts shall �r
be subject to the technical direction of the AUTHORITY's Director of Project Delivery, or M
his designee, with input and consultation from CITY. N
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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 d
provide in Attachment A, and should AUTHORITY's total share of the PANED, PS&E, and t
ROW phase exceed the estimated as shown in Attachment A, AUTHORITY agrees to amend r
the Agreement in good faith. 4
16-1001335 Page 2 of 10
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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 a
Management, PA/ED, PS&E, and ROW work elements and produce monthly reports which E
clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other
allowable expenditures by AUTHORITY.
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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 U,
submitted no later than one hundred and twenty (120) calendar days following the 1,
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 0-
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 o
completion of Project Management, PA/ED, PS&E, and ROW work. The audit should a
justify and validate that all funds expended on the PROJECT were used in confonnance with m
this Agreement.
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H. To reimburse CITY for costs that are detennined by subsequent audit to be unallowable 3
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. E
Should the finding not be otherwise resolved and AUTHORITY fails to reimburse monies L
due CITY within ninety (90) calendar days of audit finding, or within such other period as Q
may be agreed between both Parties hereto, the Cities' Council reserves the right to withhold o
future payments due AUTHORITY from any source under CITY'S control. v
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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. E
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K. To provide CITY an opportunity to review and comment on PA/ED, PS&E, and ROW 0
documents.
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IV. CITY RESPONSIBILITIES
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CITY agrees:
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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
16-1001335 Page 3 of 10 Packet Pg.700
2015-233 5.T.c
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 E
allowable PROJECT expenditures and AUTHORITY's Project Management cost. o
CL
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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 "'
N
funds and all interest accrued will be returned to CITY.
N
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 o
auditors will be relied upon to the extent that work is acceptable to CITY when planning on
conducting additional audits. Q
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E. To designate a responsible staff member that will be CITY's representative in attending the (n
PDT meetings, receiving day-to-day communication and reviewing the project documents. r
3
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.
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G. CITY's Public Works Director is authorized to act on behalf of CITY under this Section of a
the Agreement. L00)
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V. MUTUAL RESPONSIBILITIES
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The Parties agree: E
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A. To abide by all applicable Federal, State and Local laws and regulations pertaining to the LO
PROJECT, including policies in the applicable program in the Measure 1 2010-2040 LO
} Strategic Plan, as amended, as of the Effective Date of this Agreement. ,
M
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B. In the event AUTHORITY determines Project Management, PA/ED, PS&E, and ROW work r
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, E
however, shall any of the Parties be responsible for PROJECT costs in excess of the amounts U
identified in this Agreement without a written amendment that is approved by all Parties. Q
16-1001335 Page 4 of 10
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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.
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D. In the event that federal funds are used in the PA/ED and PS&E phase of work, the E
PARTIES acknowledge Federal Highway Administration (FHWA) requires that the o
PROJECT must progress to a capital phase (ROW or construction) within ten years or the °-
E
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. N
E. Neither AUTHORITY nor any officer, director, employee or agent thereof is responsible for w
N
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 o
Section 895.4, CITY shall fully defend, indemnify and save harmless AUTHORITY, its 0
officers, directors, employees or agents from all claims, suits or actions of every name, kind m
and description brought for or on account of injury (as defined by Government Code Section za
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. w
3
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 E
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 Q
to Government Code Section 895.4, AUTHORITY shall fully defend, indemnify and save o
harmless CITY, its officers, directors, employees or agents from all claims, suits or actions of c)
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. a
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G. This Agreement will be considered terminated upon reimbursement of eligible costs by (n
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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 N
cause, by giving thirty (30) calendar days written notice to all the other Parties. In the event ui
of a termination, the Party terminating this Agreement shall be liable for any costs or other N
obligations it may have incurred under the terms of the Agreement prior to termination. c
H. The Recitals to this Agreement are true and correct and are incorporated into this Agreement.
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1. 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
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Agreement.
E
K. The Parties agree that each Party and any authorized representative, designated in writing to 0
the Parties, and upon reasonable notice, shall have the right during normal business hours to 0
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.
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L. If any clause or provisions of this Agreement is illegal, invalid or unenforceable under N
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. N
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M. This Agreement cannot be amended or modified in any way except in writing, signed by all
Parties hereto.
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N. Neither this Agreement, nor any of the Parties rights, obligations, duties, or authority a
hereunder may be assigned in whole or in part by either Party without the prior written z
consent of the other Party in its sole, and absolute, discretion. Any such attempt of N
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 E
performed by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise. Q
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P. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear 0
its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or o
attorney(s) fees relative to paragraphs E and F of this Section.
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Q. This Agreement may be signed in counterparts, each of which shall constitute an original. E
This Agreement is effective and shall be dated on the date executed by AUTHORITY.
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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 M
in writing, unless otherwise provided for herein, and shall be served personally or by N
reputable courier addressed to the relevant party at the address/fax number stated below: o
N
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If to AUTHORITY: Garry Cohoe E
Director of Project Delivery U
1170 West Third Street, Second Floor a
San Bernardino, CA 92410-1715
Telephone: (909) 884-8276
16-1001335 Page 6 of 10
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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
O
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E
E
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.
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SIGNATURES ON FOLLOWING PAGE: i
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16-1001335 Page 7 of 10 --
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EXHIBIT "B"
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF SAN BERNARDINO
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SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO E
TRANSPORTATION AUTHORITY
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By: By:
Ryan McEachron Allen J. Parker
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President, Board of Directors City Manager N
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
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By: By: , m
Eileen Monaghan Teichert ry . Saenz Q
General Counsel City A orney
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CONCURRENCE: �
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By: a
Jeffery Hill c
Contract Administrator o
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16-1001335 Page 8 of 10
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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 a
Diamond Interchange (DDI) configuration. Further study will determine the final configuration E
and design of the interchange improvements
M
Project Cost Estimate and Funding Shares: 2
Public Share: 84.2%
Development Share or Local Share: 15.8% LO
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L2 Buy-down 4 Development r
Phase Estimated Cost Funds Public Share Share4 L
Project Approval and $676,873 $594,373 569,465 $13,034 >
Environmental D
Design (PS&E) $482,932 $482,932 $- $- ,0
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Right-of-Way $62,700 $- $52,760 $9,907 Z
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SANBAG Oversight $220,000 $- $- $220,000
3
Total $1,442,505 $1,077,305 $122,225 $242,942 a
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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. a
ZProject costs that are not federally reimbursable will be split according to the Nexus Study c
Share. U
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
4Includes 10% contingency.
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Project Milestones: LO
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Milestone' Actual
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(Forecast) Cn
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Start of Project Approval and 'r'
Environmental Document Phase (PA/ED) (4/2016) N
Environmental Approval (4/2017) c
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Design Approved and ROW Certified (2/2018)
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'Milestone assumes DDI configuration and analysis of one alternative only. Anticipated a
environmental determination is a Categorical Exemption/Categorical Exclusion.
16-1001335
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EXHIBIT "B"
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CONCEPTUAL Attachment B
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COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN
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SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY E
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AND a
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CITY OF SAN BERNARDINO
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FOR U
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PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED),PLANS,
SPECIFICATIONS AND ESTIMATE (PS&E) AND RIGHT OF WAY (ROW) PHASES N
FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I- ,
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215) L
IN THE CITY OF SAN BERNARDINO
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I. PARTIES AND TERM o
A. THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and m
between the San Bernardino County Transportation Authority (hereinafter referred to as zz
"AUTHORITY") and the City of San Bernardino (CITY), (AUTHORITY and CITY may be Cn
referred to herein as a "Party" and collectively"Parties"). r
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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 E
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 Q
of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until o
such time as the claims are settled, dismissed or paid. V
0
II. RECITALS
0
A. WHEREAS, CITY intends to improve the I-215 University Parkway Interchange within the E
limits of the City of San Bernardino; and L;
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B. WHEREAS, planned improvements include improving freeway access to 1-215 and
improving local traffic flow by reconstructing the existing ramp intersections at the M
interchange into a Diverging Diamond Interchange (DDI) configuration as further described
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in Attachment A, attached hereto and made part of this Agreement, and is defined as the c
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"PROJECT"; and
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C. WHEREAS, the Parties acknowledge that further study will determine the final configuration E
and design of the interchange improvements; and w
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D. WHEREAS, the PROJECT is identified in the Measure 1 2010-2040 Expenditure Plan and
SANBAG Nexus Study (Nexus Study) prepared by the San Bernardino Associated
16-1001335 Page I of 10
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2015-233
Governments (SANBAG), and approved by the SANBAG Board of Directors on November
2, 2011; and
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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
0
F. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities, E
and funding commitments relative to Project Management, PA/ED, PS&E, and ROW
activities of the PROJECT. c
G. WHEREAS, the Parties intend to amend this agreement or enter into a separate agreementto a;
delineate roles, responsibilities, and funding commitments relative to the Construction phase
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of the PROJECT. N
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 o
PA/ED, PS&E, and ROW phases at the sole responsibility of CITY to pay 100% of actual 0
AUTHORITY project management costs in accordance with AUTHORITY Policy m
40005/VF1-35; and Z
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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
a�
NOW, THEREFORE, the Parties agree to the following: o
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III. AUTHORITY RESPONSIBILITIES o
AUTHORITY agrees:
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A. To be lead agency on Project Management, PA/ED, PS&E, and ROW, and to diligently Q
undertake and complete, the PA/ED and PS&E work on PROJECT, including the selection rn
and retention of consultants. Performance of services under these consultant contracts shall 7t
be subject to the technical direction of the AUTHORITY's Director of Project Delivery, or M
his designee, with input and consultation from CITY. �
0
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 E
ROW phase exceed the estimated as shown in Attachment A, AUTHORITY agrees to amend r
the Agreement in good faith. ¢
C
16-1001335 Page 2 of 10
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C. To p rovide 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 4)
Accounting Principles (GAAP) to support AUTHORITY's request for reimbursement,
payment vouchers, or invoices which segregate and accumulate costs of Project o
Management, PA/ED, PS&E, and ROW work elements and produce monthly reports which E
clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other
rn
allowable expenditures by AUTHORITY.
E. To prepare a final accounting of expenditures, including a final invoice for the actual Project a;
Management, PA/ED, PS&E, and ROW costs. The final accounting and invoice shall be
LO
submitted no later than one hundred and twenty (120) calendar days following the N
completion of work and shall be submitted to CITY. The invoice shall include a statement a
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.
D
F. To cooperate in having a PROJECT-specific audit completed by CITY, at its option, upon o
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 m
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 a
may be agreed between both Parties hereto, the Cities' Council reserves the right to withhold a
future payments due AUTHORITY from any source under CITY'S control. �00�
0
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
m
action items. E
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K. To provide CITY an opportunity to review and comment on PA/ED, PS&E, and ROW M
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documents. �!
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IV. CITY RESPONSIBILITIES
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CITY agrees: N
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A. To reimburse AUTHORITY for the CITY's share of actual costs incurred towards the E
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 Q
vary from the estimates provided in Attachment A, and should CITY's total share for the
16-1001335 Page 3 of 10
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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.
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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 E
allowable PROJECT expenditures and AUTHORITY's Project Management cost. L
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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 a,
right to withdraw funds for all eligible PROJECT expenditures as set forth in the escrow
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agreement including eligible PROJECT expenditures prior to deposit of funds. Any unused N
funds and all interest accrued will be returned to CITY. y,
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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 o
auditors will be relied upon to the extent that work is acceptable to CITY when planning on
conducting additional audits. Q
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E. To designate a responsible staff member that will be CITY's representative in attending the U)
PDT meetings, receiving day-to-day communication and reviewing the project documents. 3
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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.
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G. CITY's Public Works Director is authorized to act on behalf of CITY under this Section of a
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the Agreement. 0
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V. MUTUAL RESPONSIBILITIES
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The Parties agree: E
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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 v
Strategic Plan, as amended, as of the Effective Date of this Agreement. M
N
B. In the event AUTHORITY determines Project Management, PA/ED, PS&E, and ROW work r
may exceed the amounts identified in Attachment A of this Agreement, AUTHORITY shall N
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, E
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. Q
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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. .
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D. In the event that federal funds are used in the PANED and PS&E phase of work, the E
PARTIES acknowledge Federal Highway Administration (FHWA) requires that the o
PROJECT must progress to a capital phase (ROW or construction) within ten years or the a
E
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 S
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will be the responsibility of the CITY. N
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 o
Section 895.4, CITY shall fully defend, indemnify and save harmless AUTHORITY, its 0
officers, directors, employees or agents from all claims, suits or actions of every name, kind m
and description brought for or on account of injury (as defined by Government Code Section Q
810.8) occurring by reason of anything done or omitted to be done by CITY under or in N
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 E
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 a
to Government Code Section 895.4, AUTHORITY shall fully defend, indemnify and save o
harmless CITY, its officers, directors, employees or agents from all claims, suits or actions of v
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. Q
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G. This Agreement will be considered terminated upon reimbursement of eligible costs by LO
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 Cl)
cause, by giving thirty (30) calendar days written notice to all the other Parties. In the event LO
of a termination, the Party terminating this Agreement shall be liable for any costs or other N
obligations it may have incurred under the terms of the Agreement prior to termination.
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H. The Recitals to this Agreement are true and correct and are incorporated into this Agreement. M
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1. All signatories hereto warrant that they are duly authorized to execute this Agreement on a
behalf of said Parties and that by executing this Agreement, the Parties hereto are fonnally
bound to this Agreement.
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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 },
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Agreement.
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K. The Parties agree that each Party and any authorized representative, designated in writing to 0
the Parties, and upon reasonable notice, shall have the right during normal business hours to 0.
examine all Parties' financial books and records with respect to this Agreement. The Parties d
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
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created. °7
L. If any clause or provisions of this Agreement is illegal, invalid or unenforceable under N
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.
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M. This Agreement cannot be amended or modified in any way except in writing, signed by all
Parties hereto. L
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N. Neither this Agreement, nor any of the Parties rights, obligations, duties, or authority Q
hereunder may be assigned in whole or in part by either Party without the prior written z
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.
3
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 E
performed by a Party shall give the other Party any contractual rights by custom, estoppel, or 0
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otherwise. a
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P. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear 0
its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or o
attorney(s) fees relative to paragraphs E and F of this Section.
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Q. This Agreement may be signed in counterparts, each of which shall constitute an original. E
This Agreement is effective and shall be dated on the date executed by AUTHORITY. Q
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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 N
reputable courier addressed to the relevant party at the address/fax number stated below: c
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If to AUTHORITY: Garry Cohoe E
Director of Project Delivery 0
1170 West Third Street, Second Floor Q
San Bernardino, CA 92410-1715
Telephone: (909) 884-8276
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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 d
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S. There are no third party beneficiaries, and this Agreement is not intended, and shall not be E E
construed to be for the benefit of, or be enforceable by, any other person or entity
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whatsoever. 2
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SIGNATURES ON FOLLOWING PAGE: N
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SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 16-1001335
BETWEEN .
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF SAN BERNARDINO
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SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO C
TRANSPORTATION AUTHORITY
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By By: fd r��' 1 d
Ryan McEachron Allen arker =LO
President, Board of Directors City Manager N
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Date: //i/4 !� Date:
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APPROVED AS TO FORM: APPROVED AS TO FORM:
Eileen Monaghan Teichert ry . Saenz Q
General Counsel City At orney N
CONCURRENCE:
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Attachment A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway a)
access to 1-215 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 o
Diamond Interchange (DDI) configuration. Further study will determine the final configuration E
and design of the interchange improvements
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Project Cost Estimate and Funding Shares: U
Public Share: 84.2% 2
Development Share or Local Share: 15.8% Ln
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1,2 Buy-down 4 Development ,
Phase Estimated Cost ' Funds Public Share Share L
Project Approval and $676,873 $594,373 $69,465 $13,034 >
Environmental D
Design (PS&E) $482,932 $482,932 $- $- .°
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Right-of-Way $62,700 $- $52,760 $9,907 m
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SANBAG Oversight $220,000 $- $- $220,000
Nil 3
Total $1,442,505 $1,077,305 $122,225 $242,942 C
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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. Q
2Project costs that are not federally reimbursable will be split according to the Nexus Study o
Share. v
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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. E
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Project Milestones:
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i Actual M
Milestone (Forecast)
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Start of Project Approval and (4/2016) T
Environmental Document Phase (PA/ED) N
Environmental Approval (4/2017) c
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Design Approved and ROW Certified (2/2018)
Milestone assumes DDI configuration and analysis of one alternative only. Anticipated
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environmental determination is a Categorical Exemption/Categorical Exclusion.
16-1001335
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Attachment B
CONCEPTUAL •
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CONTRACT 15-1001217
MEMORANDUM OF UNDERSTANDING w
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BETWEEN THE
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SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY C
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AND THE CITY OF SAN BERNARDINO
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FOR THE DEVELOPMENT OF
THE INTERSTATE 215 UNIVERSITY PARKWAY INTERCHANGE PROJECT ("PROJECT") N
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L PARTIES AND TERM
A. This Memorandum of Understanding ("MOU") is entered by and between the SAN D
BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("AUTHORITY" or o
"SANBAG") and the CITY OF SAN BERNARDINO ("PROJECT SPONSOR") (and together m
the"PARTIES") on the Effective Date defined later herein. z
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 3
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 d
earlier in time.
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H. RECITALS °o
A. WHEREAS, the PROJECT is included in the approved SANBAG 10-Year Delivery Plan an d c
SANBAG Development Mitigation Nexus Study and is eligible to receive funds from the
Measure 12010-2040 Valley Freeway Interchange Program.
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B. WHEREAS,the PARTIES desire to proceed with development of the PROJECT. LO
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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 tc M
complete the PROJECT with respect to cost, funding, schedule, and scope, as detailed in N
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Exhibit A,attached hereto and incorporated herein by this reference.
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D. WHEREAS, a conceptual layout of the PROJECT is shown in Exhibit B, attached hereto anc
incorporated herein by this reference to begin the project development efforts. Further stud} E
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 Q
Public and Local Agency funding shares required to complete the PROJECT, and th(
reasonable expectation of funding availability.
15-1001217 Pagel
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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 PARTIES to >
funds necessary to complete the PROJECT, but the MOU do 0
perform work or provide funding for the PROJECT, and imposes no enforceable obligations E
upon the PARTIES and does not grant any rights.
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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. ,O
I. WHEREAS, the PARTIES understand that a Cooperative Agreement will be developed for the N
PROJECT that will identify the specific roles and responsibilities of AUTHORITY and w
PROJECT SPONSOR including specific funding commitments for each phase of the
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PROJECT.
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III. AUTHORITY'S RESPONSIBILITIES
A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with m
Measure I 2010-2040 Valley Freeway Interchange Program Strategic Plan Policy 40005 and N
subsequent Cooperative Agreements.
B. AUTHORITY will consider the development of a Loan Agreement(s) for the Local Share of 3
PROJECT costs, if requested by the PROJECT SPONSOR, in accordance with Measure I 2010- E
2040 Valley Freeway Interchange Program Strategic Plan Policy 40005.
C. AUTHORITY will assign a qualified member of its staff to coordinate with the PROJECT Q
SPONSOR, as determined reasonably necessary by AUTHORITY to facilitate the delivery of 0
the PROJECT. 0
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. Q
IV. PROJECT SPONSOR'S RESPONSIBILITIES "'
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A. PROJECT SPONSOR will be responsible for the Local Share of the PROJECT costs in 1
accordance with Measure I 2010-2040 Valley Freeway Interchange Program Strategic Plan N
Policy 40005 and subsequent agreements, including Loan Agreements. PROJECT SPONSOR o
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 projec E
management costs.
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C. PROJECT SPONSOR will assign a qualified member of its staff to coordinate witl Q
AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate th(
delivery of the PROJECT.
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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 E
phases of work, Federal Highway Administration (FHWA) requires that the PROJECT must o
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 N
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 L
in Section II, Paragraph I. Termination of the MOU by request of the PROJECT SPONSOR 2
will be understood by the AUTHORITY that PROJECT SPONSOR wishes to discontinue work =r-)
stated in an active Cooperative Agreement or in a c0
on the PROJECT, unless otherwise
subsequent MOU or agreement. a
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D. Notification. Each Party will designate a person to be responsible for day-to-day Q
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 E
thereto will be provided as follows:
a
CITY OF SAN BERNARDINO SANBAG c
San Bernardino Associated °
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300 North"D" Street, 6th Floor Governments 0
San Bernardino,
CA 92418 1170 W. 3rd Street
ATTN: Public Works Director San Bernardino, CA 92410-1715
ATTN: Director of Project Delivery Q
E. Amendment. In the event that the PARTIES determine that the provisions of this MOU should Cn
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 N
authorized representatives of the PARTIES. LO
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----Signatures on the Following Page------------------------------------------
---------------------- --------- t
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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 E
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--< � By m
By' Al en . Parker
Ryan McEachron City Manager
President,Board of Directors L
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Date: 'G9
Date: ///l r/�� L'
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APPROVED AS TO FORM: APPROVED AS TO FORM:
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By: _— By: _ Q
Eileen Mona Teichert ary . Saenz m
General Counsel
City A orney Z
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CONCURRENCE:
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By: v
Jeffery i °
Procurement Manager
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2015-233
Exhibit A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to 1-215 �
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.
E
Further study will determine the final configuration and design of the interchange improvements o
c.
E
Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share or Local Share: 15.8% L LO
Phase Estimated Cost
i Buy-down Funds ' public Share Development Share4
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Project $676,873 $594,373 $69,465 $13,034 w
Approval and L
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Environmental >_
Design $482,932 $
482 932 $- $
(PS&E) L°
$_ $52,760 $9,907 0
Right-of--Way $62,700 Q
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Construction $_ $- Cn
(Includes $3,314,000 $3,314,000
Construction 3
Management&
Landscape $_ $- $- $ E
Maintenance $_ $330,000
SANBAG $330,000 $- Q
Oversight a
Total $4,866,505 $4,391,305 $122,225 $352,941 0
0
Estimated Costs are based on July 2015 preliminary project cost estimate for a DDI configuration.
z 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. E
3 Project costs that are not federally reimbursable will be split according to the Nexus Study Share.
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4 Includes 10%contingency. LO
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15-1001217 Page 5
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Project Milestones: ffFe
Milestone` E
Start of Project Approval and C
Environmental Document Phase(PA/ED) E Environmental Approval
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Design Approved/ROW Certified (2/2018)
Construction Notice to Proceed (6/2018) c LO
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Completed for Beneficial Use (6/2019)
'Milestone assumes DDl configuration and analysis of one alternative only. Anticipated environmental
determination is a Categorical Exemption/Categorical Exclusion.
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Exhibit B
Interstate 215 at University Parkway Interchange Modifications
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Conceptual Layout 0
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ATTACHMENT "A" 5.T.d
Governments San Bernardino Associated Governments i
SANBAG 1170 W. 3rd Street, 2nd FI, San Bernardino, CA 92410 f '
• . • - Phone: (909)884-8276 Fax: (909) 885-4407
Web: www.sanbag.ca.gov I L
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*San Bernardino County Transportation Commission •San Bernardino County Transportation Authority c
*San Bernardino County Congestion Management Agency *Service Authority for FreewaX Emergencies D
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Minute Action a
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AGENDA ITEM: 9 N
Date: August 11, 2016 3
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Subject: a
Caltrans Cooperative Agreement and Award for Preliminary Engineering Services for the E
Interstate 215 (I-215)/University Parkway Interchange Project
Recommendation: a
That the following be reviewed and recommended for final approval by the Board of Directors, coop
acting in its capacity as the San Bernardino County Transportation Commission, at a regularly o
scheduled Board meeting:
A. Approve Cooperative Agreement No. 16-1001479 with Caltrans for the Project Approval and
Environmental Document (PA/ED), Plans, Specifications, and Estimates (PS&E), and Right of Q
Way (ROW) phases of the 1-215 University Parkway Interchange Project which designates LO
SANBAG as the implementing and funding agency for the project and designates SANBAG as Ln
low^ the agency acquiring ROW and exercising Eminent Domain.
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Than the following be reviewed and recommended for final approval by the Board of Directors, 0
acting in its capacity as the San Bernardino County Transportation Authority, at a regularly o
scheduled Board meeting:
B. Approve award of Contract No. 16-1001359 with HDR, Inc. for Environmental and Design
services for the I-215 University Parkway Interchange Project in an amount not-to-exceed a
$1,500,932.00 0
C. Authorize the Executive Director or designee to execute Contract No. 16-1001359 subject to 0
federal authorization for use of federal funding and after receipt of the Caltrans Conformance a
Letter and correction of any deficiencies noted therein, as required by the Caltrans Local Q
Assistance Procedures Manual.
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D. Approve a 15% contingency amount for Contract No. 16-1001359 of $225,140.00 and Z
authorize the Executive Director or designee to release contingency as necessary for the project. U
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E. Approve purchase order to HDR, Inc. for an amount not-to-exceed $82,500.00 for early N
design services prior to execution of Contract No. 16-1001359. >
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F. Authorize the Executive Director or designee to execute Amendment No. 1 to Cooperative
Agreement No. 16-1001335 with the City of San Bernardino, subsequent to General Counsel Q
approval as to form, to update the program cost.in the funding table and to allow the City to
deposit its share directly to SANBAG. Q
Background:
Recommendation A: In November 2015, the Board approved Memorandum of Understanding s
(MOU) No. 15-1001217 and Cooperative Agreement No. 16-1001335 with the City of 0
San Bernardino for the 1-215 University Parkway Interchange Project. Under both agreements, Q
Entity: CTA, CTC
Packet Pg.725
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Board of Directors Metro Valley Study Session Agenda Item
August 11, 2016
Page 2
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SANBAG will lead the Project Approval and Environmental Document (PA/ED), the Plans, d
Specifications, and Estimates (PS&E), and Right of Way (ROW)phases of project development.
SANBAG will fund 84.2% of project costs and 15.8% will be funded with City Development
Impact Fees (DIF) after buy down with federal funds. The City is currently the lead agency for °
the Project Initiation Document (PID) phase. The Project Study Report-Project Development a
Study(PSR-PDS)report is anticipated for approval by Caltrans in August 2016. co
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Cooperative Agreement No. 16-1001479 with Caltrans for the PA/ED, PS&E, and ROW phases w
is a standard agreement between SANBAG and Caltrans which defines the roles and
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responsibilities and funding between the parties. Under this agreement SANBAG will be the
implementing agency for the above referenced project development phases while Caltrans will
be providing no-cost oversight. With the PID phase essentially completed, SANBAG is a,
recommending approval of this agreement with Caltrans in order to proceed with preliminary a
design and environmental studies. The agreement also specifies that project funding will be fully o
a Local Agency responsibility. Cooperative Agreement No. 16-1001479 is consistent with the U
cooperative agreement between SANBAG and the City of San Bernardino.
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The agreement specifically identifies SANBAG as the responsible party for acquiring property in a)
SANBAG's name, exercising Eminent Domain, and conveying property to Caltrans at the a
completion of the project. While Eminent Domain is traditionally exercised by Caltrans and o
Resolutions of Necessity (RON) heard by the California Transportation Commission (CTC) on LO
SANBAG projects located on the State Highway System, SANBAG has recently been assuming Q
the responsibility due to risk of substantial project delays related to impacts by the California $
High Speed Rail projects on the CTC's RON schedule. c
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Recommendations B, C, D, and E: In November 2015, Staff also requested authority from the
Board to begin the procurement process for design and environmental services for the Project.
Staff proposed starting the procurement process early in order to be able to start the PA/ED a
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phase as soon as the PID phase is completed. On January 21, 2016, staff released Request for °
Proposals (RFP) No. 16-1001359. On February 25, 2016, two proposals were received, one 'o
from HDR, Inc. (HDR) and the other from T.Y. Lin International. Staff reviewed both proposals o.
and determined the submittals to be responsive to the RFP. A shortlist meeting was held by the Q
evaluation panel which included representatives from SANBAG, Caltrans, and the City of San
Bernardino. On March 29, 2016, both firms were interviewed and based on the final scores z
comprised of 40% from the proposals and 60% from the interviews, staff is recommending that
the Board award Contract No. 16-1001359 to HDR. According to the evaluation panel, HDR, In
Inc. was scored higher than the other firm based on the following factors: N
• Experience with Diverging Diamond Interchange (DDI)projects
• Specific public outreach goals identified during the interview a
• Overall availability to this project
• Cohesiveness with the various key personnel on the project team Q
Subsequent to issuance of the Notice of Intent to Award to HDR, staff began review of the price
proposal and negotiated the cost for design and environmental services for the PA/ED and PS&E
phases. The contract amount of $1,500,932.00 has been agreed to by HDR and staff and is Y
subject to Board approval. Staff is recommending that the Board award Contract No. 16- Q
1001359 to HDR, consistent with the recommendation made by the evaluation panel. Staff is
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Board of Directors Metro Valley Study Session Agenda Item
August 11, 2016
Page 3 s
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also recommending a 15% contingency amount of$225,140.00 and requests that Board delegate
authority to the SANBAG Executive Director or designee to release contingency as needed. The
requested contingency is higher than the typical contingency amount of 10% due to risk of 2
unforeseen additional reviews and processes since the DDI design is a new interchange '2
configuration for California. m
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Contract No. 16-1001359 will be funded with Federal DEMO funds and a request for
authorization will be needed to obligate the federal funds for use. Traditionally, Caltrans Local
Assistance requires an approved PID to be able to submit an application to use federal fluids for 3
preliminary engineering and environmental studies. The federal funding authorization process
could take up to two months as staff anticipates federal authorization in late October or early
November 2016. Staff is recommending that the Board authorize the Executive Director to
execute Contract No. 16-1001359 subject to federal authorization for use of federal funding and Q
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after receipt of the Caltrans Conformance Letter and correction of any deficiencies noted therein, °o
as required by the Caltrans Local Assistance Procedures Manual v
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Since there will be an approximately two to three month lag for the federal authorization process
and completion of Caltrans audits, staff would like to allow the selected firm to begin work as
soon as possible in order to begin project start up and preliminary activities to expedite delivery
of this project. As such, a purchase order of a not to exceed amount of$82,500, which would be LO
funded with Measure I and City funds at 84.2%and 15.8%respectively, is being recommended. to
0.
Recommendation F: An Independent Cost Estimate (ICE) was prepared for the project which 0
was used to program the costs in Cooperative Agreement No. 16-1001335 with the City of U
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San Bernardino. The difference in the cost, estimated at a total project amount of$566,267 over
the ICE is attributed to additional hours for both internal and external coordination and meetings
to address design features of a DDI, a higher level of effort anticipated for public outreach E
related to distributing information about the DDI, and additional work or effort that was not a
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assumed in the ICE. In addition, the ICE also assumed a lower indirect rate. The increase in cost 0
will be fully funded by the federal funds that have been programmed for the project. o
Once design progresses during the PANED phase and once potential Right of Way impacts are 0-
determined,this agreement may be amended to reflect updated right of way costs as well. a
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Staff is recommending approval of this amendment to the agreement. Staff is recommending m
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that the Board authorize the SANBAG Executive Director to execute Amendment No. 1 to <
16-1001335 under SANBAG Procurement Policy 11000 to update the program cost to reflect a
higher amount for design and environmental services under both the PA/ED and PS&E phases. N
This agreement would be approved in conjunction with approval of Contract No. 16-1001359 for
design and environmental services for the project. D
Financial Impact: a
This item is consistent with the Fiscal Year 2016/2017 Budget.
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Reviewed By: Q
This item is not scheduled for review by any other policy committee or technical advisory
committee. SANBAG General Counsel and Procurement Manager have reviewed this item and E
drafts of the agreements.
Responsible Staff a
Dennis Saylor, Project Manager
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