HomeMy WebLinkAbout2018-2571
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RESOLUTION NO. 2018-257
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING CONTRACT NO. 16-1001477-01,
AMENDED AND RESTATED COOPERATIVE AGREEMENT WITH THE SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR THE
DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION
OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT (SSO4-12)
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute on
behalf of the City, Contract No. 16-1001477-01, Amended and Restated Cooperative
Agreement with the San Bernardino Associated Governments (SANBAG) for the
Development of the Mount Vernon Avenue Grade Separation over the BNSF Railway
Intermodal Yard Project (SSO4-12), attached herein as Exhibit "A".
SECTION 2. The authorization to execute the above -referenced Agreements is
rescinded if they are not executed within ninety (90) days of the passage of this Resolution.
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RESOLUTION NO. 2018-257
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING CONTRACT NO. 16-1001477-01,
AMENDED AND RESTATED COOPERATIVE AGREEMENT WITH THE SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR THE
DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION
OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT (SSO4-12)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
19'h day of September 2018, by the following vote, to wit:
Council Members:
AYES
MARQUEZ
BARRIOS
X
VALDIVIA
x
SHORETT
k
NICKEL
RICHARD
MULV IHILL
X
NAYS ABSTAIN ABSENT
Georgean anna, CM ,, City Clerk
The foregoing Resolution is hereby approved this 19'h day of September 2018.
s
R. Carey Davi Mayor
City of San 13,6mardino
Approved as to form:
Gary D. Saenz, City Attorney
By: "Gtr
2
AMENDED AND RESTATED
COOPERATIVE AGREEMENT NO. 16-1001477-01
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
ENVIRONMENTAL CLEARANCE, PRELIMINARY DESIGN, RIGHT-OF-WAY
(ROW), AND DESIGN -BUILD PHASES FOR THE MOUNT VERNON AVENUE
VIADUCT OVER BNSF RAILWAY INTERMODAL YARD IN THE CITY OF SAN
BERNARDINO
THIS Amended and Restated COOPERATIVE AGREEMENT ("Agreement") is made and
entered into by and between the San Bernardino County Transportation Authority (hereinafter
referred to as "SBCTA") and the City of SAN BERNARDINO ("CITY"), (SBCTA and CITY
may be referred to herein as a "Parry" and collectively "Parties").
WHEREAS, CITY intends to remove and replace the existing Mount Vernon Avenue
Viaduct Bridge over the BNSF Railway Intermodal Yard; and
WHEREAS, planned improvements include removal and replacement of the Viaduct
Bridge and improvements to existing streets, storm drains, traffic signals, BNSF Railway
Intermodal Yard, and related work necessitated by the bridge removal and replacement and is
defined as the "PROJECT"; and
WHEREAS, the Parties consider the PROJECT to be a high priority and are willing to
participate in funding the PROJECT pursuant to the provisions of Measure I 2010-2040
Expenditure Plan and the SBCTA Nexus Study ("Nexus Study") prepared by the San Bernardino
County Transportation Authority ("SBCTA"), and approved by the SBCTA Board of Directors
on November 6, 2013;,and
WHEREAS, the Parties entered into Cooperative Agreement No. 161001477 in 2016
("Original Agreement") to delineate roles, responsibilities, and funding commitments relative to
the Environmental Clearance, Design and Right -of -Way (ROW) phases of the PROJECT before
delivery of the PROJECT through design -build method was contemplated or authorized; and
16-1001477-01 Page 1 of 14
WHEREAS, the CITY had previously completed preliminary engineering and obtained
Environmental Clearance from Caltrans in June of 2011, however a revalidation of the
Environmental Clearance is required; and
WHEREAS, State and/or Federal funds are anticipated to be used to fund a portion of
PROJECT; and
WHEREAS, the CITY had previously procured the services of AECOM Technical
Services, Inc. (AECOM) for design and ROW services May 6, 2013, under CITY Contract 2013-
81 with AECOM for the environmental revalidation, design and ROW services for the Mount
Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard Project (SERVICES
AGREEMENT) and had progressed design to approximately a 30 percent level; and
WHEREAS, the professional services provided by AECOM were required through
certain phases of the PROJECT; and
WHEREAS, CITY, SBCTA and AECOM entered into an Assignment and Assumption
Agreement (SBCTA Contract No. 16-1001511) under which CITY assigned and SBCTA
assumed CITY's rights, obligations and responsibilities under the SERVICES AGREEMENT, to
which AECOM gave its consent; and
WHEREAS, the CITY desires SBCTA to provide project management services for the
Environmental Clearance, Preliminary Design, ROW, and Design -Build phases of the Project,
and understands it is the CITY's sole responsibility to pay 100% of actual SBCTA Project
Management costs in accordance with SBCTA Measure I Strategic Plan Policy 40006NMS-29
and -30; and
WHEREAS, the Parties desire to amend and restate the Original Agreement to reflect the
use of design -build project delivery method as authorized for this PROJECT by AB 1523 in lieu
of design -bid -build project delivery method; and
WHEREAS, the PROJECT work will be constructed by SBCTA's design -build
contractor and the City shall effectively assist SBCTA to obtain all necessary CITY PROJECT
approvals and efficiently issue no cost encroachment permits to facilitate design and construction
work within City limits; and
WHEREAS, this Agreement amends and restates the Original Agreement and is
Amendment No. 1 to the Original Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises herein, the Parties agree as follows:
16-1001477-01 Page 2 of 14
I. SBCTA RESPONSIBILITIES
SBCTA agrees:
A. To become lead agency on Environmental Clearance, Preliminary Design, ROW, and
Design -Build phases, to provide Project Management Services and to diligently undertake
and complete these phases of work on the PROJECT, including the selection and retention of
consultant and the design -build contractor. Performance of services and work under these
contracts shall be subject to the technical direction of SBCTA's Director of Project Delivery,
or her designee, with input and consultation from CITY.
B. To provide all necessary ROW services to acquire rights-of-way for PROJECT through
negotiated purchases of property, or if necessary, through Eminent Domain. If necessary,
SBCTA will conduct the Resolutions of Necessity hearings and acquire property in the name
of SBCTA for purposes of construction of the PROJECT and convey such property, or
portions thereof, to CITY. The interest conveyed to the CITY shall be a permanent easement
or other required instrument for public street and/or utility purposes.
C. To make reasonable efforts to relocate businesses affected by the PROJECT within the
boundaries of the CITY to the extent feasible.
D. To identify the utilities within the PROJECT area and coordinate with utility companies to
determine their location, and if necessary, their relocation.
E. To obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or
approvals from appropriate agencies. All mitigation, monitoring, and/or remedial action
required by said permits and/or agreements shall constitute part of the PROJECT cost.
F. To have the Environmental Clearance, Preliminary Design, ROW, and Design- Build
documents and drawings of civil, structural, mechanical, electrical, architectural, or other
engineering features of PROJECT prepared by or under .the direction of engineers or
architects registered and licensed in the applicable professional field in the State of
California. Any engineering reports and each sheet of plans and specifications for PROJECT
shall bear the professional seal, certificate number, registration classification, expiration date
certificate, and signature of the professional engineer responsible for their preparation.
G. To contribute towards the cost of Environmental Clearance, Preliminary Design, ROW, and
Design -Build phases of PROJECT and any financing costs associated -with the delivery of
these phases of PROJECT in an amount not to exceed $9,826,535 (the Public Share amount)
as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the
estimates provided in Attachment A, however, under no circumstances is the total combined
SBCTA contribution to exceed $9,826,535 without an amendment to this Agreement.
16-1001477-01 Page 3 of 14
H. To prepare and submit to CITY an original and two copies of signed invoices for
reimbursement of eligible PROJECT expenses. Invoices may be submitted to CITY as
frequently as monthly.
I. To establish and maintain an accounting system conforming to Generally Accepted
Accounting Principles (GAAP) to support SBCTA's request for reimbursement, payment
vouchers, or invoices which segregate and accumulate costs of Project Management,
Environmental Clearance, Preliminary Design, ROW, and Design -Build work elements and
any financing costs associated with the delivery of these work elements and produce monthly
reports which clearly identify reimbursable costs, matching fund costs, indirect cost
allocation, and other allowable expenditures by SBCTA.
J. To prepare a final accounting of expenditures, including a final invoice for Project
Management, Environmental Clearance, Preliminary Design, ROW, Design -Build, and
financing costs. The final accounting and invoice shall be submitted no later than one
hundred and twenty (120) calendar days following the completion of work and approval of
the final project closeout report submitted to Caltrans and shall be submitted to CITY. The
invoice shall include a statement that the PROJECT funds were used in conformance with
this Agreement and for those PROJECT -specific Project Management, Environmental
Clearance, Preliminary Design, ROW, and Design -Build work activities and financing costs
associated with the delivery of those work activities.
K. To cooperate in having a PROJECT -specific audit completed by CITY, at its option, upon
completion of the Project Management, Environmental Clearance, Preliminary Design,
ROW, and Design -Build work. The audit should justify and validate that all funds expended
on the PROJECT were used in conformance with this Agreement.
L. To reimburse CITY for costs that are determined by subsequent audit to be unallowable
within ninety (90) calendar days of SBCTA receiving notice of audit findings, which time
shall include an opportunity for SBCTA to respond to and/or resolve the finding. Should the
finding not be otherwise resolved and SBCTA fails to reimburse monies due CITY within
ninety (90) calendar days of audit finding, or within such other period as may be agreed
between both Parties hereto, CITY reserves the right to withhold future payments due
SBCTA from any source under CITY's control.
M. 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.
N. To provide CITY an opportunity to review and comment on the Environmental Clearance,
Preliminary Design, ROW, Design -Build and closeout documents with adequate lead time
for CITY to complete such review.
O. To provide submittals to the CITY at appropriate stages of PROJECT development and to
provide an opportunity for CITY to review and comment on the provided documents.
16-1001477-01 Page 4 of 14
P. SBCTA and its consultants shall apply for encroachment permits authorizing entry of
SBCTA and its consultants onto CITY right of way to perform investigative activities,
including surveying and geotechnical borings, required by the PROJECT.
Q. To maintain all source documents, books and records connected with SBCTA's performance
under this Agreement for a minimum of five (5) years from the date of the Final Report of
Expenditures submittal to CITY or until audit resolution is achieved, whichever is later, and
to make all such supporting information available for inspection and audit by representatives
of CITY. Copies will be made and furnished by SBCTA upon request.
R. To address, prior to incorporation into the project, any requests made by the CITY for any
betterments and/or additional work and the source of funding of same under separate
agreements or amendments to this agreement approved between Parties.
S. To obtain funding obligation (i.e., FNM -76/E-76), as needed, from Caltrans Local
Assistance.
H. CITY RESPONSIBILITIES
CITY agrees:
A. To reimburse SBCTA for its share of the actual costs incurred estimated at $5,959,760
towards the Environmental Clearance, Preliminary Design, ROW and Design -Build phases
of the PROJECT and any financing costs associated with the delivery of these phases of the
PROJECT, which includes $1,250,000 towards Project Management, as shown in
Attachment A. If payment is not made within sixty (60) days of the invoice date, SBCTA
will withhold CITY's Measure I Local Street Program pass through funds in the invoice
amount. As CITY makes payments toward the current amount due, the withheld pass
through funds will be released to CITY. The actual cost of a specific phase may ultimately
vary from the estimates provided in Attachment A, however, under no circumstances is the
total combined CITY contribution to exceed $5,959,760 (the Development Share amount)
without an amendment to this Agreement.
B. To pay to SBCTA a deposit of $905,891 for the CITY Development Share amount for these
project phases as noted in the project funding table in Attachment A. CITY shall make
deposit payment no later than thirty (30) calendar days after SBCTA invoices CITY. After
Parties agree that all work is complete, SBCTA will submit a final accounting for all costs
for all phases covered in this Agreement. Based on the final accounting, SBCTA will refund
to the CITY as necessary in order to satisfy the financial commitments of this Agreement for
CITY's Development Share amount.
16-1001477-01 Page 5 of 14
C. SBCTA 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.
D. To provide SBCTA with all procurement documentation for the City of San Bernardino
Contract 2013-81 with AECOM for the design and ROW services for the Mount Vernon
Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard Project.
E. 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 SBCTA performed pursuant to the
provisions of State and Federal laws. In the absence of such an audit, work of other auditors
will be relied upon to the extent that work is acceptable to CITY when planning on
conducting additional audits.
F. To designate a responsible staff member that will be CITY's representative in attending the
PDT meetings, receiving day-to-day communication and reviewing the PROJECT
documents.
G. To complete review and provide comments on PROJECT submittals prior to the Design -
Build phase to SBCTA within 20 working days after the submittal is received by the CITY.
If comments are not provided by the 20 working day, SBCTA will deem the submittals
approved by CITY and shall notify CITY of its intention to move forward with PROJECT
execution. CITY agrees the submittals may be in the form of plans, specifications, estimates,
reports, studies, environmental documents or other PROJECT related submittals requiring
CITY review and comment. During the Design -Build phase, SBCTA will provide review
and recommendation submittals to CITY for approval. CITY shall provide said approval
within 5 working days at no cost. If comments/approval is not provided by the 5t' working
day, SBCTA will deem the submittals approved by City and shall notify CITY of its
intention to move forward with the project.
H. That the final plans and specifications shall be approved by the CITY pursuant to Article II,
Section G above. The City Engineer shall be the PROJECT Designated Engineer as defined
by Local Assistance of the State of California Department of Transportation.
I. To provide at no cost to SBCTA existing improvement plans, and standard plans and
specifications.
J. To accept all PROJECT acquired rights-of-way located within CITY's jurisdictional
boundaries upon completion of construction. The City Council of San Bernardino, by
approval of this Agreement, authorizes and directs the City Clerk to execute an acceptance,
in substantial conformance with the form attached hereto as Attachment B, within thirty (30)
days of receipt of a quit claim deed from SBCTA conveying its interests in such acquired
rights-of-way.
16-1001477-01 Page 6 of 14
K. To provide any CITY required permits, inspections, reviews, acceptance of the transfer of
title of properties and oversight at no cost to SBCTA or to consultants and contractors
contracted by SBCTA for the work of the PROJECT.
L. To provide SBCTA copies of the franchise/utility agreements for the utilities in the
PROJECT area for the purposes of determining prior rights and estimating utility relocation
costs.
M. To assist SBCTA as requested, and when necessary, exercise its rights under utility
relocation law or under any franchise agreement, to cause each utility to relocate or rearrange
its utility facilities.
N. CITY's City Engineer is authorized to act on behalf of CITY under this Section of the
Agreement.
III. MUTUAL RESPONSIBILITIES AND AGREEMENT
The Parties agree:
A. To abide by all applicable Federal, State and Local laws, regulations, policies, procedures
and standards pertaining to the PROJECT, including policies in the applicable program in the
Measure 12010-2040 Strategic Plan, as amended, as of the Effective Date of this Agreement.
B. In the event that any federal or state funds that are classified as funds that buy down the total
cost of the PROJECT, per San Bernardino Valley Subarea (VS) Measure I 2010-2040
Strategic Plan Policy 40001.IV.I.1, are used, the Parties acknowledge the federal or state
funds will be used to reduce Development Share and Public Share, as defined in Attachment
A, proportionally. In addition, in the event SBCTA determines Project Management,
Environmental Clearance, Preliminary Design, ROW and Design -Build work and any
financing costs associated with the delivery of this work may exceed the total amount
identified in Attachment A of this Agreement, SBCTA 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 in this Agreement. In no event, however, shall any of
the Parties be responsible for PROJECT costs in excess of the total amount identified in this
Agreement absent a written amendment that is approved by all Parties.
C. Eligible PROJECT reimbursements shall include only those costs incurred by SBCTA for
PROJECT -specific work activities and any financing costs associated with the delivery of
these PROJECT -specific work activities that are described in this Agreement and shall not
include escalation or interest. SBCTA Policy 40006/VMS 25 further defines eligible ROW
work regarding land and applies to this Agreement.
D. In the event that federal funds are used in any phase of work, the Parties acknowledge
Federal Highway Administration (FHWA) requires that the PROJECT must progress to a
capital phase (ROW) within ten years or the federal funds may be required to be repaid to
FHWA. Should repayment be required, and is a result of the PROJECT not progressing by
16-1001477-01 Page 7 of 14
choice, it shall be the responsibility of the Parry 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 SBCTA
and any federal funds used for the Local Share will be the responsibility of CITY.
E. This Agreement is expressly subordinated to any bonds, notes, certificates, or other
evidences of indebtedness involved in bond financings as are now outstanding or as may
hereafter be issued by SBCTA.
F. CITY, independent of PROJECT, is responsible for any hazardous material (including but
not limited to hazardous waste) found within PROJECT limits that may require removal and
disposal pursuant to federal or state law. SBCTA will undertake hazardous material
management activities with minimum impact to PROJECT schedule. CITY will pay all costs
associated with hazardous material activities including management costs of SBCTA.
G. The CITY is the PROJECT owner, operator and maintainer of the existing and proposed
improvements and this Agreement does not transfer ownership to SBCTA nor does it transfer
any legal responsibilities associated with ownership, operation and maintenance of the
existing and future improvements.
H. Environmental Clearance is assumed to consist of a revalidation of the Environmental
Clearance the CITY received from Caltrans in June of 2011 and revalidation of any new
PROJECT footprint areas beyond that defined in the June 2011 document. In the event that a
revalidation is determined to not be sufficient based on those PROJECT requirements,
Parties shall review scope and cost of such work for Environmental Clearance and amend
this Agreement if additional cost will result in exceeding funding limits of each Party.
I. The Design -Build phase of the PROJECT shall be performed in accordance with CITY
standards and practices. The approved for construction packages will be based on the
following standards but not be limited to:
a. Standard Specifications for Public Works Construction (Greenbook)
b. Standard Plans for Public Works Construction
c. City Standard Specifications
d. City Standard Plans
e. Caltrans Bridge Standard Plans and Specifications
f. AASHTO Geometric Design of Highways and Streets and other AASHTO Standards
g. BNSF/UP Railroad Standard Plans and Specifications
h. Other applicable standard plans and specifications
J. If SBCTA is to be Teimbursed from state or federal funds that are provided by CITY for
Project Management, Environmental Clearance, Preliminary Design, ROW, and Design -
Build work and any financing costs associated with the delivery of that work and SBCTA
administers those funds, then SBCTA will draw from those funds without invoicing CITY.
16-1001477-01 Page 8 of 14
K. Neither SBCTA nor any officer, director, employee or agent thereof is responsible for any
injury, damage or liability occurring or arising by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers,
directors, employees or agents from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done by CITY or its officers,
directors, employees, agents, volunteers and contractors under or in connection with any
work, authority or jurisdiction delegated to CITY under this Agreement.
L. Neither CITY nor any officer, director, employee or agent thereof is responsible for any
injury, damage or liability occurring or arising by reason of anything done or omitted to be
done by SBCTA under or in connection with any work, authority or jurisdiction delegated to
SBCTA under this Agreement. It is understood and agreed that, pursuant to Government
Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its
officers, directors, employees or agents from all claims, suits or actions of every name, kind
and description brought for or on account of injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done by SBCTA or their
officers, directors, employees, agents, volunteers and contractors under or in connection with
any work, authority or jurisdiction delegated to SBCTA under this Agreement.
M. This Agreement will terminate upon completion of (1) SBCTA's management of the
Environmental Clearance, Preliminary Design, ROW, Design -Build, and Closeout phases of
the PROJECT, final properly disposition, PROJECT closeout and reimbursement of eligible
costs by CITY to SBCTA, or (2) December 31, 2025, whichever is earlier in time, unless
otherwise extended by agreement, except that the indemnification provisions shall remain in
effect until terminated or modified, in writing, by mutual agreement.
N. Should any claims arising out of this Agreement be asserted against one of the Parties, the
Parties agree to extend the fined termination date of this Agreement, until such time as the
claims are settled, dismissed or paid.
O. Notwithstanding any other provision herein, to the extent consistent with the terms and
obligations hereof, any Party may terminate this Agreement at any time, with or without
cause, by giving thirty (30) calendar days written notice to all the other Parties. In the event
of a termination, the Party terminating this Agreement shall be liable for any costs or other
obligations it may have incurred under the terms of the Agreement prior to termination.
P. 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.
Q. 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
16-1001477-01 Page 9 of 14
all local, state, county and federal laws and ordinances with respect to performance under this
Agreement.
R. The Parties agree that each Parry and any authorized representative, designated in writing to
the Parties, and upon reasonable notice, shall have the right during normal business hours to
examine all Parties' financial books and records with respect to this Agreement. The Parties
agree to retain their books and records for a period of five (5) years from the later of a) the
date on which this Agreement terminates; or b) the date on which such book or record was
created.
S. If any clause or provision of this Agreement is fully and finally determined by a court of
competent jurisdiction to be illegal, invalid or unenforceable under applicable present or
future laws, then it is the intention of the Parties that the illegal, invalid or unenforceable
clause or provision shall be deemed severed from this Agreement and the remainder of this
Agreement shall not be affected but shall remain in full force and effect.
T. This Agreement cannot be amended or modified in any way except in writing, signed by all
Parties hereto.
U. Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority
hereunder may be assigned in whole or in part by either Party without the prior written
consent of the other Parry in its sole, and absolute, discretion. Any such attempt of
assignment shall be deemed void and of no force and effect.
V. No waiver of any default shall constitute a waiver of any other default whether of the same or
other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
W. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear
its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or
attorney(s) fees relative to paragraphs K and L of this Section.
X. This Agreement may be signed in counterparts, each of which shall constitute an original.
Y. CITY and SBCTA represent that they have sufficient insurance coverage for purposes of
Professional Liability, General Liability, Automobile Liability and Workers' Compensation
and warrant that through their respective insurance programs, they have adequate coverage or
resources to protect against liabilities arising out of the performance of the terms, conditions
or obligations of this Agreement.
Z. Attachment A (Project Description and Project Funding Table) and Attachment B (Quit
Claim Deed Certification) are attached to and incorporated into this Agreement.
AA. The Recitals are true and correct, and are incorporated into and made a part of this
Agreement.
16-1001477-01 Page 10 of 14
BB. Any notice required, authorized or permitted to be given hereunder or any other
communications between the Parties provided for under the terms of this Agreement shall be
in writing, unless otherwise provided for herein, and shall be served personally or by
reputable courier or by facsimile addressed to the relevant parry at the address/fax number
stated below:
If to SBCTA: Paula Beauchamp
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410-1715
Telephone: (909) 884-8276
If to CITY: Alex Qishta
Deputy Director of Public Works/City Engineer
290 North "D" Street
San Bernardino, CA 92401
Telephone: (909) 384-5019
IN WITNESS THEREOF, this Agreement has been executed by the Parties hereto and is
effective on the date signed by SBCTA.
[Signature page to follow]
16-1001477-01 Page 11 of 14
SIGNATURE PAGE TO AMENDED and RESTATED
COOPERATIVE AGREEMENT NO. 16-1001477-01
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
SAN BERN INO COUNTY
TRANSMItFION AUTHORITY
By:/ v--_
James amos
President, Board of Directors
f
Date:
4
APPROVED AS TO FORM AND
PROCEDURE:
By: L
Eileen Monaghan Teichert
General Counsel
By:
Jeffery
Procurement Manager
CITY OF SAN BERNARDINO
By: + 4
Andrea M. Miller
City Manager
Date: 2 5.Ol t
ATTEST
Bjk
Georgeann a
City Clerk
APPROVED AS TO FORM:
By: A�,-`'2-`'
Gary D. Saenz
City Attorney
16-1001477-01 Page 12 of 14
Attachment A
PROJECT DESCRIPTION
The CITY of San Bernardino and SBCTA propose to remove and replace the existing Mount
Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard. It is intended that
SBCTA serves as the lead for the Environmental Clearance, Preliminary Design, ROW and
Design -Build phases of the work.
PROJECT FUNDING TABLE
Public Share: 67.6%
Nexus Development Impact Fee Share ("DIF", "Development Share" or "Local Share"): 32.4%
Notes
1 Federal Highway Bridge Program (HBP) funds are expected to provide 88.53% of eligible PROJECT costs.
2 BNSF Contribution is estimated at $29.5 million. BNSF Contribution is expected to provide HBP match of
11.47% and, depending on the terms of agreements to be developed with the State on the use of HBP funds, may be
used for Financing Costs and, lastly, Project Management costs. Any BNSF Contribution remaining after funding
all other eligible costs will buy down the cost of the Design -Build Phase before application of the HBP Share.
3 Public Share is from the CITY share of Measure I Major Street Program — Arterial Subprogram funds.
4 A deposit of $905,891 from the CITY Development Share has been received to date under Agreement 16-1001477.
5 Depending on terms of agreements to be developed with the State on the use of HBP funds, BNSF contribution
may be applied to Project Management costs after meeting all HBP match requirements for the PROJECT.
6 Depending on terms of agreements to be developed with the State on the use of HBP funds, HBP funds may buy
down Financing Costs and BNSF Contribution may provide the HBP match requirement.
Contract No. 16-1001477-01
BEFORE PROJECT BUY
INCLUDING PROJECT BUY DOWNS
DOWN
PHASE
TOTAL
SBCTA
CITY
Federal HBP
SBCTA
CITY
SHARE
SHARE
BUY
BNSF
SHARE
SHARE
(Public)
(DID
DOWN1
ContributionZ
Public a
(Dl F)°
ENVIRONMENTAL
CLEARANCE AND
$5,250,000
$3,549,000
$1,701,000
$4,647,825
$602,175
$0
$0
PRELE IINARY
DESIGN
RIGHT OF WAY
$70,316,049
$47,533,649
$22,782,400
$62,250,798
$8,065,251
$0
$0
DESIGN -BUILD
$75,300,300
$50,903,003
$24,397,297
$66,663,356
$8,636,944
$0
$0
PROJECT
$1,250,000
$0
$1,250,000
$0
$0
$0
$1,250,000
MANAGEMENTS
FINANCING
$14,536,295
$9,826,535
$4,709,760
$0
$0
$9,826,535
$4,709,760
COSTS6
TOT
1 $166,652,644
1 $111,812,187
1 $54,840,457
1 $133,561,979
1 $17,304,370
1 $9,826,535
$5,959,760
Notes
1 Federal Highway Bridge Program (HBP) funds are expected to provide 88.53% of eligible PROJECT costs.
2 BNSF Contribution is estimated at $29.5 million. BNSF Contribution is expected to provide HBP match of
11.47% and, depending on the terms of agreements to be developed with the State on the use of HBP funds, may be
used for Financing Costs and, lastly, Project Management costs. Any BNSF Contribution remaining after funding
all other eligible costs will buy down the cost of the Design -Build Phase before application of the HBP Share.
3 Public Share is from the CITY share of Measure I Major Street Program — Arterial Subprogram funds.
4 A deposit of $905,891 from the CITY Development Share has been received to date under Agreement 16-1001477.
5 Depending on terms of agreements to be developed with the State on the use of HBP funds, BNSF contribution
may be applied to Project Management costs after meeting all HBP match requirements for the PROJECT.
6 Depending on terms of agreements to be developed with the State on the use of HBP funds, HBP funds may buy
down Financing Costs and BNSF Contribution may provide the HBP match requirement.
Contract No. 16-1001477-01
Attachment B
CITY OF SAN BERNARDINO
300 N. "D" STREET
SAN BERNARDINO, CALIFORNIA 92401
QUIT CLAIM DEED CERTIFICATION
California Government Code 27281
This is to certify that the real property conveyed by the attached instrument dated
, 20 from the San Bernardino County Transportation Authority, a California
transportation authority, as Grantor to the City of , as Grantee, is hereby
accepted by order of the City Council of the City of San Bernardino, County of San Bernardino,
State of California, as the governing board of said grantee, and consents to the recordation
thereof by its duly authorized officer.
Date:
ATTEST:
City Clerk
City of San Bernardino
Contract No. 16-1001477-01
By:_
Name:
Title: