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RESOLUTION (ID # 4430) DOC ID: 4430 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Chris Alanis M/CC Meeting Date: 05/16/2016
Prepared by: Fawna Velci, (909) 384-
5140
Dept: Public Works Ward(s): 1,3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute Contract No. 16-1001476, a Memorandum of
Understanding with the San Bernardino Associated Governments for the Development
of the Mount Vernon Avenue Grade Separation Over the BNSF Railway Intermodal
Yard Project. (#4430)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact to the City associated with adopting this resolution.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
03-01-10 Resolution No. 2010-036 adopted approving Amendment No. 5 to
Services Agreement with LAN Engineering Corporation for Project
Management of the Mt. Vernon Avenue Viaduct over the BNSF Railroad.
10-20-08 Resolution No. 2008-405 adopted approving Amendment No. 4 to
Services Agreement with LAN Engineering Corporation for Project
Management of the Mt. Vernon Avenue Viaduct over the BNSF Railroad.
09-17-07 Resolution No. 2007-382 adopted approving Amendment No. 3 to
Agreement with LAN Engineering Corporation for Project Management of
the Mt. Vernon Viaduct over BNSF Railroad.
12-20-04 Resolution No. 2004-399 adopted approving Amendment No. 2 to
Agreement with LAN Engineering Corporation for Project Management of
the Mt. Vernon Viaduct over BNSF Railroad and Resolution No. 2004-400
adopted approving Amendment No. 1 with Jones & Stokes for additional
environmental services for the Mt. Vernon viaduct over the BNSF
Railroad.
03-15-04 Resolution No. 2004-73 authorizing execution of Professional Services
Agreement with LAN Engineering Corporation for the Project Management
of the Mt. Vernon Ave. Viaduct over the BNSF railroad in the amount of
$49,000.
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4430
12-01-03 Adopted resolution approving Professional Environmental Services
Agreement with Myra L. Frank and Associates for environmental services
related to the Mt. Vernon Bridge Project.
02-16-16 Mayor and Common Council authorized staff to develop a Memorandum
of Understanding (MOU) with the San Bernardino Associated
Governments (SANBAG) designating SANBAG as Lead Agency for
environmental clearance, design, right-of-way acquisition and construction
of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (SSO4-12)
Background:
The Mt. Vernon Bridge is 1,016 feet long and spans over 20 train tracks. Three of the
tracks are owned by Metrolink and carry 60 passenger trains per day. Two of the tracks
are used by AMTRAK which run two trains per day under the bridge. The remainder of
the tracks are owned by the Burlington Northern Santa Fe Railroad (BNSF). BNSF
operates three transcontinental tracks which carry 80 transcontinental trains per day.
BNSF has six intermodal strip tracks that operate 24 hours a day 7 days a week and
carry an average of 12 trains per day. A total of 154 trains operate under the bridge
every day.
Replacement of the Mt. Vernon Bridge, which was built in 1934, has been a high priority
for the City for more than 15 years. In 1997, Caltrans inspectors determined that the
bridge had a sufficiency rating less than 50 out of a possible 100. Bridges rated less
than 50 are considered to be structurally deficient and functionally obsolete. In 2015,
Federal funding in the amount of$92 million for replacement of the bridge was
approved by Caltrans.
Current Status
City staff together with its Consultant, AECOM, have completed the environmental
phase of the Project and about 30 percent of the Plans, Specifications & Estimate
(PS&E) phase of the work. Staff has struggled with the Project due to its size and
complexity. Negotiations with the Burlington Northern Santa Fe (BNSF) railway have
been particularly challenging.
On February 16, 2016, the Mayor and Common Council authorized staff to develop a
Memorandum of Understanding with the San Bernardino Associated Governments
(SANBAG) designating SANBAG as Lead Agency for environmental clearance, design,
right-of-way acquisition and construction of the Mt. Vernon Avenue grade separation
over the BNSF Railroad.
SANBAG has submitted the attached Contract No. 16-1001476, Memorandum of
Understanding (MOU), designating SANBAG as the Lead Agency for environmental
clearance, design, right-of-way acquisition and construction of the Mt. Vernon Avenue
grade separation over the BNSF Railroad. This MOU outlines the steps and funds
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5.J
4430
necessary to complete the Project, but it does not commit either of the Parties to
perform work or provide funding for the Project and imposes no enforceable obligations
upon the Parties and does not grant any rights.
Separate Cooperative Agreements will be required for each phase of the work. These
phases will be:
1. Plans Specifications & Estimate (PS&E), Right-of-Way Acquisition Phase -This
phase will complete the PS&E package, acquire and certify the right-of-way and
prepare the Project for bidding.
2. Construction Phase - This phase will involve demolition of the existing structure
and construction of the new bridge.
Specific details of these Cooperative Agreements are not available at this time and each
will be negotiated separately using the guidelines contained in this MOU. However, the
City will be required to make deposits of the Local Share and SANBAG's oversight cost
at each phase of the Project.
The cost of this Project, particularly the Construction Phase, may be beyond the ability
of the City to fund in a timely manner, therefore, SANBAG is agreeing to consider the
development of a Loan Agreement for the City's share of the Project cost against future
Measure I revenues to become due the City in accordance with Measure 12010-2040
Valley Major Street Program Strategic Plan Policy.
Financial Impact:
This project is receiving federal funds through the Highway Bridge Program and State
Seismic Retrofit Programs. This project is also included in SANBAG's Development
Impact Fee (DIF) Program. The cost of this project will be reimbursable at the rate of
88.53% from a combination of Highway Bridge Program (HBP) funds and Seismic
Retrofit Funds. The City's matching share (11.47%) will be split between SANBAG
(67.6%) and the City (32.4%).
The net City share is estimated to be 3.5% of the total cost of the project plus the
SANBAG oversight cost or $4.54 million; however, there will be no cost to the City for
execution of this MOU. Requirement for Deposits of the City's share will be defined in
the Cooperative Agreements for each Phase of the work.
Recommendation:
Adopt Resolution.
City Attorney Review:
Yes
Supporting Documents:
Reso (DOC)
agrmt 4430 (PDF)
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5.J.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
3 CONTRACT NO. 16-1001476, A MEMORANDUM OF UNDERSTANDING WITH
4 THE SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR THE
DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION
5 OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized and directed to execute, on
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9 behalf of the City, Memorandum of Understanding (MOU) No. 16-1001476 with the San z
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Bernardino County Transportation Authority (AUTHORITY or SANBAG) to provide project
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management services for environmental, Plans Specifications & Estimate, Right-of-Way and p
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Construction phases for the development of the Mount Vernon Avenue Grade Separation over
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14 the BNSF Railway Intermodal Yard Project, attached herein as Attachment"A". c
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15 SECTION 2. The authorization to execute the above-referenced agreement is >
16 rescinded, void, and of no further effect if not executed by all parties and returned to the c
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Office of the City Clerk within ninety(90) days of the passage of this Resolution. c
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Packet Pg.405
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
2 CONTRACT NO. 16-1001476, A MEMORANDUM OF UNDERSTANDING WITH
THE SAN BERNARDINO ASSOCIATED GOVERNMENTS FOR THE
3 DEVELOPMENT OF THE MOUNT VERNON AVENUE GRADE SEPARATION
4 OVER THE BNSF RAILWAY INTERMODAL YARD PROJECT.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting
7 thereof,held on the day of , 2016,by the following vote,to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT Q
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10 MARQUEZ N
11 BARRIOS D
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12 VALDIVIA
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SHORETT m
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15 NICKEL
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RICHARD
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17 MULVIHILL
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Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of , 2016. a
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23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
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28 By.
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Packet,Pg.406
CONTRACT 16-1001476
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO
FOR THE DEVELOPMENT OF
THE MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILWAY INTERMODAL YARD
PROJECT
I. PARTIES AND TERM
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A, This Memorandum of Understanding ("MOU") is entered by and between the SAN a
BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("AUTHORITY" or Cn
"SANBAG") and the CITY OF SAN BERNARDINO ("PROJECT SPONSOR") (and together
the"PARTIES") on the Effective Date defined later herein.
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B. The Term of this MOU will commence on the Effective Date and, unless terminated early as
provided in Section V, Paragraph E, terminate upon the date a notice of completion is recorded
for the Mount Vernon Bridge Replacement Project (PROJECT) or June 30, 2024, whichever is m
earlier. o
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II. RECITALS >
A. WHEREAS, the PROJECT is included in the SANBAG Development Mitigation Nexus Study o
and is eligible to receive funds from the Measure 12010-2040 Valley Major Street Program. �
B. WHEREAS,the PARTIES desire to proceed with development of the PROJECT. M
C. WHEREAS, the PARTIES are entering into this PROJECT MOU for the purpose of
documenting the terms and conditions of cooperation between the PARTIES required to a�
complete the PROJECT with respect to cost, funding, schedule,and scope, as detailed in Project f°
Description 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 and u
incorporated herein by this reference. Q
E. WHEREAS, the PARTIES understand that the purpose of the MOU is to outline the steps and
funds necessary to complete the PROJECT, but the MOU does not commit the PARTIES to
perform work or provide funding for the PROJECT, and imposes no enforceable obligations
upon the PARTIES and does not grant any rights.
F. WHEREAS, the PARTIES acknowledge the intent to move forward with the PROJECT, the
Public and Local Agency funding shares required to complete the PROJECT, and the
reasonable expectation of funding availability.
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G. WHEREAS, the Public Share is defined as the share of project cost calculated as the total cost
of the project minus the development share (or Local Agency share) and the Local Agency
share is the percentage share of the project cost assigned as the development contribution
percentage as listed in the SANBAG Development Mitigation Nexus Study.
H. WHEREAS, the PARTIES desire to memorialize in this MOU the framework and funding
necessary for completion of the PROJECT to assist the PARTIES in their decision-making and
budgeting for this PROJECT.
I. WHEREAS, the PARTIES understand that a Cooperative Agreement will be developed for
each phase of the PROJECT that will identify the specific roles and responsibilities of
AUTHORITY and PROJECT SPONSOR including specific funding commitments.
III. AUTHORITY'S RESPONSIBILITIES
A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with m
Measure 12010-2040 Valley Major Street Program Strategic Plan Policy 40006 and subsequent a
Cooperative Agreements. un
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- O
2040 Valley Major Street Program Strategic Plan Policy.
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C. AUTHORITY will assign a project manager of its staff to coordinate with the PROJECT m
SPONSOR, as determined reasonably necessary by AUTHORITY to facilitate the delivery of c
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.
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IV. PROJECT SPONSOR'S RESPONSIBILITIES
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A. PROJECT SPONSOR will be responsible for the Local Share of the PROJECT costs in
accordance with Measure 12010-2040 Valley Major Street Program Strategic Plan Policy and
subsequent agreements, including Loan Agreements.
B. PROJECT SPONSOR will assign a project manager of its staff to coordinate with c
AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate the E
delivery of the PROJECT.
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C. PROJECT SPONSOR and AUTHORITY shall consult on a funding strategy for PROJECT a
completion at least six months prior to completion of the design phase.
V. MISCELLANEOUS
A. The PARTIES acknowledge that should federal funds be used in the environmental or design
phases of work, Federal Highway Administration (FHWA) requires that the PROJECT must
move to a capital phase (right-of-way or construction)within ten years or the federal funds may
be required to be repaid to FHWA. Responsibilities related to the federal funding will be
outlined in the cooperative agreement(s).
B. The PARTIES acknowledge that actual cost of a specific phase may ultimately vary from the
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estimates provided in Exhibit A, however, under no circumstances is the total project cost to
exceed $93,636,149 without an amendment to this Agreement.
C. The PARTIES acknowledge that the intent is for AUTHORITY to act as the lead agency for the
remaining phases of the PROJECT. Cooperative Agreements will be developed for each phase
that will identify the specific roles and responsibilities of AUTHORITY and PROJECT
SPONSOR.
D. PROJECT SPONSOR shall enter into an escrow agreement with AUTHORITY within 60
calendar days after execution of Cooperative Agreements and make deposits of Local Share and
SANBAG Oversight cost for each phase of the PROJECT.
E. Termination. Both AUTHORITY and PROJECT SPONSOR shall have the right at any time,to
terminate this MOU, with or without cause, by giving ninety (90) calendar days written notice
to the other party, specifying the date of termination. Termination of the MOU will not Q
terminate the PARTIES' continuing obligations under any Cooperative Agreements generally Z
referenced in Section II, Paragraph 1. Termination of the MOU by request of the PROJECT ¢
SPONSOR will be understood by the AUTHORITY that PROJECT SPONSOR wishes to s
discontinue work on the PROJECT, unless otherwise stated in an active Cooperative Agreement
or in a subsequent MOU or agreement. D
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F. Notification. Each Party will designate a person to be responsible for day-to-day
communications regarding work under the PROJECT. For PROJECT SPONSOR, that person -a
will be City Engineer or designee for CITY OF SAN BERNARDINO. For AUTHORITY, that m
person shall be Brian Smith, Project Manager. All notices and communications regarding this o
MOU, interpretation of the terms of this MOU,or changes thereto will be provided as follows.
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CITY OF SAN BERNARDINO SANBAG
San Bernardino Associated Q
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300 North "D" Street Governments
San Bernardino, CA 9241$ 1.170 W. 3rd Street
ATTN: Mark Scott, City Manager San Bernardino, CA 92410-1715
cc: Director of Public Works ATTN: Executive Director d
CC: Andrea Zureick E
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G. Amendment. In the event that the PARTIES determine that the provisions of this MOU should
be altered, the PARTIES may execute an amendment to add, delete, or amend any provision of E
this MOU. All such amendments must be in the form of a written instrument signed by the
authorized representatives of the PARTIES. `d
H. Recitals. The Recitals stated above are integral parts of this MOU and are hereby incorporated
into the terms of this MOU.
-------------------------------------------Signatures on the Following Page------------------------------------------
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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
TRANSPORTATION AUTHORITY
By: CITY OF SAN BERNARDINO
Ryan McEachron
Board President
By:
Date: Mark Scott
City Manager Q
APPROVED AS TO FORM: 0°
Date: Z
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By: APPROVED AS TO FORM: 3
Eileen Monaghan Teichert D
General Counsel
By:
Ary rSaen6z CONCURRENCE: Ay C
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By:
Jeffery Hill �-
Procurement Manager
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Exhibit A
Project Description
Project Scope:
Mt. Vernon Ave., over BNSF, AMTRAK,UP RR; Replace 4 lane bridge with 4 lane bridge between 2 d Street
and 5ch Street..
Project Cost Estimate and Funding Shares:
Public Share: 67.6%
Nexus Development Impact Fee Share(DIF,"Development Share"or"Local Share"): 32.4%
Estimated Federal/State Development
Phase Cost* Buy-downs*** Public Share Share t�
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Project Alternative & z
Environmental Documents $95,000 $84,103 $7,366 $3,531 c`n
(PA&ED)** w
Plans,Specification and o
Estimates(PS&E) $7,289,265 $6,453,187 $565,189 $270,889 2
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Right-of-Way $3,537,700 $3,131,926 $274,303 $131,471
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Construction (Including $81,464,184 $72,567,572 $6,014,'110 $2,882,502 L
Construction Management) 0
SANBAG Oversight $1,250,000 $0 $0 $1,250,000 M
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Total $93,636,149 $82,236,788 $6,860,968 $4,538,393 0
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*Estimated Costs are based on 2015 project scope and estimate without cost escalations
**PA&ED cost incurred after April 2010. E
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***Federal Highway Bridge Program (HBP)and Proposition 1B Local Bridge Seismic Safety Retrofit Program 0
(LSSRP)Funds
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Project Milestones: Milestone Actual
Forecast
Start of Project 8/2009
Environmental Approval 6/2011
Design Approved/ROW Certified (10/2019)
Construction Notice to Proceed (6/2020)
Completed for Beneficial Use (2/2023)
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QExhibit B
THE MOUNT VERNON BRIDGE REPLACEMENT PROJECT
Conceptual Layout
Mt Vernon OH (Replace)
MtVernon Ave Bridge]
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�1 Limits of Roadway
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16-1001476 Page 6 of 6
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