HomeMy WebLinkAbout05.P- Public Works RESOLUTION (ID # 3719) DOC ID: 3719 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Emilio Murga M/CC Meeting Date: 12/21/2015
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 1, 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Cooperative Agreement No. 15-1001132 with the San Bernardino County
Transportation Commission for Bike Lane and Accessibility Improvements in the Vicinity
of the San Bernardino Metrolink Station and the Multi-Modal Transfer Station at "E"
Street and Rialto Avenue. (#3719)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Cost to the City is approximately $10,000 for project coordination and in-house plan
check/inspection services. These activities will be provided within the existing adopted
FY 2015-16 Budget and no additional funding will be required for this item.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
On September 26, 2013, Governor Brown signed legislation creating the Active
Transportation Program (ATP) in the Department of Transportation (Senate Bill 99,
Chapter 359 and Assembly Bill 101, Chapter 354). The ATP consolidates existing
federal and state transportation programs, including the Transportation Alternatives
Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to
School (SR2S), into a single program with a focus to make California a national leader
in active transportation. The ATP is administered by the Division of Local Assistance,
Office of Active Transportation and Special Programs.
The purpose of ATP is to encourage increased use of active modes of transportation by
achieving the following goals:
• Increase the proportion of trips accomplished by biking and walking;
• Increase safety and mobility for non-motorized users;
• Advance the active transportation efforts of regional agencies to achieve greenhouse
gas (GHG) reduction goals;
• Enhance public health;
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3719
• Ensure that disadvantaged communities fully share in the benefits of the program;
and
• Provide a broad spectrum of projects to benefit many types of active transportation
users.
The San Bernardino County Transportation Commission (Commission), more
commonly known as the San Bernardino Associated Governments (SANBAG), has
received a Federal ATP Grant in the amount of $4,678,729. This grant is being used to
improve access and mobility around the Metrolink Stations in the Cities of Montclair,
Upland, Rancho Cucamonga, Fontana, Rialto and San Bernardino.
SANBAG has also set aside $250,000 in Transportation Development Act (TDA) Article
3 (Bike lane) funds for a total funding amount of $4,928,729 to cover all the locations to
be improved.
Approximately $192,000 will be spent in San Bernardino in the first phase of the project
to improve access around the Metrolink Station at 3rd Street and Metrolink Way.
Approximately $210,000 will be spent in Phase II of the project to improve access and
mobility around the new multi-modal transfer station at Rialto Avenue and "E" Street. A
detailed description of the improvements is indicated in Attachment B to the cooperative
agreement.
SANBAG is requesting that the attached Cooperative Agreement No. 15-1001132,
establishing the responsibilities of the Commission and the City, be approved by the
City. There will be no cost to the City except that the City agrees to waive permit fees
(including street cut, encroachment and lane closure fees), plan check fees and staff
cost for research, coordination and meeting attendance. The City will not be
responsible for permits from other Agencies. Coordination with Caltrans will be the
responsibility of SANBAG.
Construction of the Project is expected to start in January 2018 and be completed by
January 2019.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt 3719 (PDF)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. 15-
3 1001132 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION
4 COMMISSION FOR BIKE LANE AND ACCESSIBILITY IMPROVEMENTS IN THE o
VICINITY OF THE SAN BERNARDINO METROLINK STATION AND THE E
5 MULTI-MODAL TRANSFER STATION AT "E" STREET AND RIALTO AVENUE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE y
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized and directed to execute, on o
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9 behalf of the City, Cooperative Agreement No. 15-1001132 with the San Bernardino County N
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10 Transportation Commission for Bike Lane and Accessibility Improvements at the San 0
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Bernardino Metrolink Station and the Multi-Modal Transfer Station at "E" Street and Rialto `o
12 Avenue, attached and incorporated herein as Exhibit"A". m
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SECTION 2. The authorization to execute the above referenced Agreement is y
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15 rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this
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16 resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. 15-
2 1001132 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION w
COMMISSION FOR BIKE LANE AND ACCESSIBILITY IMPROVEMENTS IN THE
3 VICINITY OF THE SAN BERNARDINO METROLINK STATION AND THE
4 MULTI-MODAL TRANSFER STATION AT "E" STREET AND RIALTO AVENUE. o
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and r
6 Common Council of the City of San Bernardino at a meeting y
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7 thereof,held on the day of , 2015, by the following vote, to wit: a
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Council Members: AYES NAYS ABSTAIN ABSENT N
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10 MARQUEZ 0-
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11 BARRIOS
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12 VALDIVIA Q
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SHORETT Q
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NICKEL 3
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16 JOHNSON E
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17 MULVIHILL a
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19 T_
Georgeann Hanna, City Clerk M
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The foregoing resolution is hereby approved this day of , 2015. r_
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23 R. CAREY DAVIS, Mayor o
City of San Bernardino
24 Approved as to form: 0
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25 GARY D. SAENZ, City Attorney
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By:
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EXHIBIT"A"
COOPERATIVE AGREEMENT NO. 15-1001132
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION
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AND E
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THE CITY OF SAN BERNARDINO °
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FOR E
PLANNING AND ENVIRONMENTAL; PLANS, SPECIFICATIONS AND ESTIMATE
(PS&E); RIGHT OF WAY (ROW); AND CONSTRUCTION PHASES OF THE N
SAN BERNARDINO METROLINK STATION ACCESSIBILITY IMPROVEMENT
PROJECT a
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I. PARTIES AND TERM Y
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A. THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and It
between the San Bernardino County Transportation Commission (hereinafter referred to 6
as "COMMISSION") and the City of San Bernardino (CITY), (COMMISSION and
CITY may be referred to herein as a"Party" and collectively"Parties"). `o
B. THIS AGREEMENT shall terminate upon completion of COMMISSION's management t�
of the planning, environmental, PS&E, ROW and construction phases, or December 31, m
2020, whichever is earlier in time, except that the indemnification provisions shall remain a
in effect until terminated or modified, in writing, by mutual agreement. Should any
claims arising out of this Agreement be asserted against one of the Parties, the Parties 3
agree to extend the fixed termination date of this Agreement,until such time as the claims
are settled, dismissed or paid. E
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II. RECITALS L
A. WHEREAS, COMMISSION proposes to construct Phase 1, in the near future, and Phase c
II,at a later date, location specific improvements to various facilities within several cities v
within San Bernardino County; and
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B. WHEREAS, proposed Phases I and II improvements in the City of San Bernardino are M
depicted in Attachments B.I and B.2, and are defined as the"PROJECT"; and
C. WHEREAS,the Parties wish to enter into this Agreement to delineate roles, M
responsibilities, and funding commitments relative to the Project Management, Planning, E
Environmental, PS&E, ROW and Construction activities of the PROJECT; and
D. WHEREAS,the CITY has requested COMMISSION to complete the implementation of
the PROJECT, including project management,engineering design, construction, _
procurement and management of contractors, and coordination with other cities and
agencies; and Q
E. WHEREAS,the CITY is the PROJECT owner, and this AGREEMENT does not transfer
ownership nor does it transfer any legal responsibilities associated with ownership,
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EXHIBIT"A"
i rove PROJECT
operation and maintenance of the existing and future imp menu from the PROD
Owner; and
F. WHEREAS,the COMMISSION is the California Environmental Quality Act(CEQA)
Lead Agency for the PROJECT and The State of California, Department of
Transportation (Caltrans) is the National Environmental Policy Act (NEPA) Lead E
Agency for the PROJECT. 'o
NOW,THEREFORE, the Parties agree to the following: E
III. COMMISSION RESPONSIBILITIES:
COMMISSION agrees:
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A. To be the lead agency for Project Management, Planning, Environmental, PS&E, ROW,
and Construction work and to diligently undertake and complete, the Planning, a
Environmental, ROW, PS&E, and Construction work on PROJECT, including the c
selection and retention of consultants and contractors. Performance of services under 2
these consultant and/or contractor contracts shall be subject to the technical direction of
the COMMISSION's Director of Project Delivery, or his designee, with input and o
consultation from CITY.
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B. To contribute towards the Planning, Environmental, PS&E, ROW, and Construction o
phases of the PROJECT, an estimated $4,928,729 for Phase 1. Phase II costs and funds
have not yet been determined, but SANBAG and CITY project funding is anticipated to m
be consistent with Attachment A. The actual cost of a specific phase may ultimately vary Q
and cause the total project cost to change from the estimate provided in Attachment A. N
However, the total project cost, exclusive of the CITY provided services specified in Part r
IV of this AGREEMENT, is to be borne solely by the COMMISSION.
C. To execute appropriate agreements with other cities and agencies to facilitate and E
coordinate the completion of the PROJECT. L
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D. To certify the California Environmental Quality Act Notice of Exemption(CEQA NOE) a
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and coordinate with Caltrans to certify the National Environmental Policy Act °o
Categorical Exclusion(NEPA CE). �?
E. To designate a Project Manager to represent COMMISSION through whom all T-
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communications between the Parties shall be channeled.
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F. To provide CITY with a proposed project schedule to complete the PROJECT. M
G. To include CITY in Project Development Team (PDT) meetings and related E
communications on PROJECT progress as well as to provide CITY with copies of PDT
meeting minutes and action items.
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H. To perform the design and construction in accordance with State and Federal standards =
and practices.
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1. To include CITY in design decisions that could impact CITY's general plans and esthetic Q
considerations.
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EXHIBIT "A7
J. To make all PROJECT work performed by COMMISSION available for review and
comment by CITY, and COMMISSION and CITY shall review all comments received
by the PROJECT and mutually agree to which comments shall be incorporated into the
PROJECT.
K. To apply for encroachment permits authorizing entry of COMMISSION and its E
consultants and contractors onto CITY right of way to perform investigative activities, o
including surveying and geotechnical borings, and construction activities required by the a
PROJECT. E
L. To obtain, all necessary PROJECT permits, agreements and/or approvals from
appropriate agencies. All mitigation,monitoring, and/or remedial action required by said y
permits and/or agreements shall constitute part of the PROJECT cost.
M. To identify the utilities within the PROJECT area and coordinate with the utility a
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companies to determine their location, and if necessary their relocation. o
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N. To provide written notice to CITY upon COMMISSION's determination that the Project
is substantially completed in accordance with the plans and specifications. For the =
purposes of this Agreement, "substantially completed"shall mean that the PROJECT can
be reasonably used for its intended purposes, notwithstanding that certain nonmaterial
work remains to be completed, it being understood that COMMISSION shall promptly o
pursue the completion of such nonmaterial work. 0
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O. Upon completion of construction of PROJECT, COMMISSION shall deliver to CITY a a
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complete set of redline"as-built"plans of the PROJECT. y
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IV. CITY RESPONSIBILITIES:
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CITY agrees:
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A. To designate a responsible staff member that will be CITY's representative in attending a
the PDT meetings, receiving day-to-day communication and reviewing the PROJECT a
documents. o
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B. To distribute PROJECT submittals for review and comment to CITY departments that are
responsible for streets, sewers,water, drainage,traffic, land development, and planning. M
C. To review and comment, at no cost to the PROJECT, on all PROJECT work performed
by COMMISSION. CITY shall transmit all review comments to COMMISSION within M
20 working days after the submittal is received by CITY. If comments are not provided E
by the 20th working day, COMMISSION 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. COMMISSION and CITY shall review all comments received
regarding the PROJECT and mutually agree to which comments shall be incorporated a
into the PROJECT.
EXHIBIT "A"
D. To provide encroachment permits authorizing entry of COMMISSION and its consultants
and contractors onto CITY right of way to perform investigative activities, including
surveying and geotechnical borings, and construction activities required by the PROJECT
at no cost to the PROJECT. r
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E. To provide all City permits and waive City fees required to construct the PROJECT. E
COMMISSION/contractor(s) shall obtain and pay the fees for all other non-City permits c
required for the construction of the PROJECT. a
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F. To prepare CITY staff reports for city council consideration and COMMISSION agrees r
to provide supporting documentation for the staff reports.
G. CITY agrees to exempt COMMISSION from plan check fees for submittal reviews.
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H. CITY agrees it will issue zero fee encroachment,traffic control, and street cut permits or Q
other permits required by the CITY to perform investigative activities required by the o
PROJECT.
1. CITY agrees to provide at no cost to the PROJECT existing improvement plans, and
standard plans and specifications. c
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J. CITY agrees to provide COMMISSION copies of the franchise/utility agreements for the
utilities in the PROJECT area for the purposes of determining prior rights and estimating o
utility relocation costs.
K. CITY agrees it will invoke its franchise/utility agreements and have its prior rights Z
imposed on utilities if it is determined utilities are in conflict with the PROJECT and <
require relocation. CITY will formally inform the utilities of CITY's prior rights and
request the relocation of utilities pursuant to the franchise/utility agreements. 3
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L. To accept in writing the PROJECT within thirty (30) days of receipt of written notice
from COMMISSION that the PROJECT is substantially completed as described by a
Paragraph "N" in Section III,which acceptance shall not be unreasonably withheld or
delayed. Withholding or delaying acceptance because of nonmaterial work remaining to a
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be completing shall be deemed unreasonable. o
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V. MUTUAL RESPONSIBILITIES:
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A. The scope of the PROJECT is depicted in Attachments B.1 and B.2 "Conceptual
Layout". The scope of Phase I improvements is an"estimate"of improvements and is
subject to change. To adhere to available funding limits for Phase I, as shown in M
Attachment A, certain improvements in Phase I may be deferred to Phase II. E
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B. CITY agrees COMMISSION is completing project management, environmental, PS&E,
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ROW, construction management, procurement and oversight of a construction contractor
to complete the PROJECT. COMMISSION will complete these tasks using E
COMMISSION staff or contracted services.
C. Neither CITY nor any officer,director, employee or agent thereof is responsible for any Q
injury, damage or liability occurring or arising by reason of anything done or omitted to
be done by COMMISSION under or in connection with any work, authority or
jurisdiction delegated to COMMISSION under this AGREEMENT. It is understood and
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EXHIBIT "A"
agreed that,pursuant to Government Code Section 895.4, COMMISSION 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 COMMISSION under or in connection with any
work, authority or jurisdiction delegated to COMMISSION tinder this AGREEMENT.
D. Neither COMMISSION nor any officer,director, employee or agent thereof is Q.
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 Y
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 COMMISSION its officers, directors, employees or agents from all a
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 under or in connection with any work, authority or co
jurisdiction delegated to CITY under this AGREEMENT. _
E. This Agreement shall continue in full force and effect through completion and closeout of w
the PROJECT or on December 31,2020,whichever is earlier in time. Should any claims
arising out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to 0
extend the fixed termination date of this Agreement,until such time as the claims are Q
settled,dismissed or paid. m
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F. CITY is an authorized self-insured public entity for purposes of Professional Liability, <
General Liability, Automobile Liability and Workers' Compensation and warrants that
through its program of self-insurance, it has adequate coverage or resources to protect 3
against liabilities arising out of the performance of the terms, conditions or obligations of
this AGREEMENT. E
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G. COMMISSION is a public entity with Professional Liability,General Liability and Q
Automobile Liability policies of$10,000,000 each and Workers' Compensation e.
insurance coverage in the statutory limits,to protect against liabilities arising out of the v
performance of the terms, conditions or obligations of this AGREEMENT.
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H. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT M
on behalf of said PARTIES and that, by so executing this AGREEMENT,the PARTIES
hereto are formally bound to this AGREEMENT.
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I. Except on subjects preempted by Federal law, this AGREEMENT shall be governed and E
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 AGREEMENT.
J. The PARTIES agree that each PARTY and any authorized representative, designated in
writing to the PARTIES, and upon reasonable notice, shall have the right during normal a
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
EXHIBIT "A"
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.
K. If any clause or provision 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 c
remainder of this AGREEMENT shall not be affected but shall remain in full force and E
effect. c
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L. This AGREEMENT can be amended with a written amendment when agreed upon and a
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duly authorized and executed by both PARTIES.
M. In the event of litigation arising from this AGREEMENT, each PARTY to this
AGREEMENT shall bear its own costs,including attorneys) fees. This paragraph shall
not apply to the costs or attorney(s) fees relative to paragraphs C and D of this Section.
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N. This AGREEMENT may be signed in counterparts, each of which shall constitute an c
original.
O. Any notice required or authorized to be given hereunder or any other communications
between the PARTIES provided for under the terms of this AGREEMENT shall be in c
writing, unless otherwise provided for herein, and shall be served personally or by
reputable courier or by facsimile addressed to the relevant party at the address/fax
number stated below. ,o
P. Notice given under or regarding this AGREEMENT shall be deemed given(a) upon Q
actual delivery, if delivery is personally made; or (b) upon delivery into the United States Q
Mail if delivery is by postage paid certified mail (return receipt requested), fax or private cn
courier including overnight delivery services. Notice shall be sent to the respective Party E
at the address indicated below or to any other address as a Party may designate from time 3
to time by a notice given in accordance with this paragraph.
a. If to CITY:
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City of San Bernardino Q
300 North"D" Street, 3rd Floor
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San Bernardino, CA 92418 0
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Attention: Public Works Director
b. If to SANBAG:
San Bernardino Associated Governments
1170 West 3rd Street, 2nd Floor
San Bernardino, CA 92410 E
Attention: Garry Cohoe a
Director of Project Delivery
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Q. The Recitals stated above are true and correct and are incorporated by this reference
into the AGREEMENT.
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R. Attachments A,B.1 and B.2 are attached to and incorporated into this AGREEMENT.
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EXHIBIT"A"
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 15-1001132
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION
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CITY OF SAN BERNARDINO o
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SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO N
TRANSPORTATION COMMISSION
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By: By:
Raymond W. Wolfe Allen Parker co
Executive Director City Manager =
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Date: Date: °
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APPROVED AS TO FORM AND APPROVED AS TO FORM: a
PROCEDURE: Gary D. Saenz, City Attorney
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BY= B r E
Eileen Monaghan Teichert a
General Counsel a
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ATTACHMENT A
PROJECT FUNDING TABLE
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Fund Amount o
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Active Transportation Program (ATP)— $4,678,729 E
Federal Grant Funds
Measure TDA Article 3 Funds $250,000
city City Incurred Costs
Phase I U
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Funding Table represents entire ATP Project Funding--Phase I for all stations. .
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Phase II -to be determined =
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ATTACHMENT B.1
CONCEPTUAL LAYOUT
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