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HomeMy WebLinkAboutItem No. 19 - Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 6, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Resolution Approving Coopertive Agreement with SBCTA Metrolink Accessibility Phase II Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-81, approving Cooperative Agreement No. 20- 1002318 with the San Bernardino County Transportation Authority for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project. Background On September 26, 2013, former 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 provides federal and state funding for various categories of transportation improvement projects, and is administered by the Division of Local Assistance, Office of Active Transportation and Special Programs. The San Bernardino County Transportation Authority (SBCTA) was awarded ATP funding for the Metrolink Station Accessibility Improvement Project (“Project”). The City partnered with SBCTA in Phase I of the project by waiving permit fees associated with the project. SBCTA is ready to begin Phase II of the project and is requesting that the City enter into a Cooperative Agreement to waive permit fees for Phase II of the Project. Discussion The existing non-motorized network consists of a number of disconnected facilities. Barriers include, disconnected bike lanes, lack of way-finding signs, substandard sidewalks and pedestrian crossings, etc. The Project eliminates these gaps by providing an interconnected network of bike lanes, sidewalks, crossings, and improving existing highway railroad crossings and other related infrastructure which are safe, easy to navigate, convenient, and attractive. The Project plans to implement a well -connected network of active transportation facilities that foster a positive transit experience. It aims to build successful bicycle facilities with well-signed route-finding along the facility itself, and regional way-finding to nearby destinations. The stations are surrounded by commercial, residential and industrial uses, and serve as commuter stations and local bus transfer center for a large amount of users. 6667 Page 2 Approximately $192,000 was spent in San Bernardino in the first phase of the Project to improve access around the Metrolink Station at 3rd Street and Metrolink Way. Phase 1 was completed in March 2019. Approximately $181,500 will be spent in Phase II of the Project to improve access and mobility around the San Bernardino Metrolink Station as indicated on Attachment B to the cooperative agreement. SBCTA is requesting that the attached Cooperative Agreement No. 20 -1002318 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 required from other agencies. Construction of the Project is expected to start in early late January 2021 and be completed by June 2021. 2020-2025 Strategic Key Targets and Goals This project is consistent with Key Target No 1d : Minimize risk and litigation exposure and 1e: Create an asset management plan. This project will enhance travel path safety for the non-motoring public and contribute to clean and attractive non -motorized infrastructure network designed to support long term economic growth. Fiscal Impact There is no additional fiscal impact associated with this agreement. Any staff time related to permit item inspection work will absorbed in FY 2020/21 operating budgets. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-81, approving Cooperative Agreement No. 20- 1002318 with the San Bernardino County Transportation Authority for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project. Attachments Attachment 1 Resolution 2020-81: Exhibit “A” - Cooperative Agreement No. 20- 1002318 Ward: 1 Synopsis of Previous Council Actions: 12/21/2015 Resolution 2015-286 approved Cooperative Agreement No. 15 - 1001132 with SBCTA for Phase I of the San Bernardino Metrolink Station Accessibility Improvement Project. Resolution No. 2020-81 RESOLUTION NO. 2020-81 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT NO. 20- 1002318 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION (AUTHORITY) FOR PHASE II OF THE SAN BERNARDINO METROLINK STATION ACCESSIBILITY IMPROVEMENT PROJECT WHEREAS, this Cooperative Agreement is made and entered into by and between the San Bernardino Transportation Authority (SBCTA) and the City of San Bernardino; and WHEREAS, the parties wish to enter into this agreement to delineate roles, responsibilities relative to project managements, planning, PS & E and construction activities of the project; and WHEREAS, San Bernardino Metrolink Station Accessibility Improvement Project Phase II is funded by Active Transportation Program Cycle 4; and WHEREAS, the project will install bike lanes from the end of the Mt. Vernon Bridge viaduct to Ramona – Alessandro Elementary School and Santa Fe Depot; and WHEREAS, the project will bear no cost to the City and will be completely funded by the Active Transportation Funded allocated to San Bernardino. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized and directed to execute, on behalf of the City, the Memorandum of Understanding No. 20-1002318 with the San Bernardino County Transportation Authority for phase II of the San Bernardino Metrolink Station Accessibility Project, attached herein as Exhibit “A”. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Resolution No. 2020-81 SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution No. 2020-81 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk Cooperative Agreement No. 20-1002318 Page 1 of 10 COOPERATIVE AGREEMENT NO. 20-1002318 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO FOR PLANNING AND ENVIRONMENTAL; PLANS, SPECIFICATIONS AND ESTIMATE (PS&E); RIGHT OF WAY (ROW); AND CONSTRUCTION FOR PHASE-II OF THE SAN BERNARDINO METROLINK STATION ACCESSIBILITY IMPROVEMENT PROJECT I. PARTIES AND TERM A. THIS COOPERATIVE AGREEMENT (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of San Bernardino (“CITY”). SBCTA and CITY may be referred to individually as a “PARTY” and collectively as “PARTIES”. B. On February 12, 2016, SBCTA and the City of San Bernardino executed Cooperative Agreement 15-1001132 for Phase I of the Metrolinlk Station Accessibility Improvement Project. Construction for Phase I was completed in March 2019. C. THIS AGREEMENT is for Phase II of the Metrolink Station Accessibility Improvements and shall terminate upon completion of SBCTA’s management of the planning, environmental, PS&E, ROW and construction phases, or December 31, 2026, whichever is earlier in time, except that the 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 of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid. II. RECITALS A. WHEREAS, Phase I and Phase II improvements in the City of San Bernardino are depicted in Attachment B.“PHASE I” consists of the Active Transportation Program Cycle 1;”PHASE II” is the Active Transportation Program Cycle 4. ”; and B. WHEREAS, SBCTA has completed PHASE I and proposes to construct PHASE II, which includes location-specific improvements to various facilities within the City of San Bernardino (“PROJECT”); and C. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities of the PROJECT; and Cooperative Agreement No. 20-1002318 Page 2 of 10 D. WHEREAS, the CITY has requested SBCTA 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 E. WHEREAS, the CITY is the PROJECT owner and this AGREEMENT does not transfer ownership; as such, the CITY retains all legal responsibilities associated with ownership, operation and maintenance of the existing and future improvements; and F. WHEREAS, SBCTA 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 Agency for the PROJECT. NOW, THEREFORE, the Parties agree to the following: III. SBCTA RESPONSIBILITIES: SBCTA agrees: 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, Environmental, ROW, PS&E, and Construction work on PROJECT, in cluding the selection and retention of consultants and contractors. SBCTA shall also serve as the lead agency for managing the PHASE II PROJECT budget and corresponding contracts. Performance of services under these consultant and/or contractor contracts shall be subject to the technical direction of SBCTA’s Director of Project Delivery, or his designee, with input and consultation from CITY. B. To contribute towards the Planning, Environmental, PS&E, ROW, and Construction phases of the PHASE II PROJECT, an estimated $6,131,664 for Phase II. The actual cost of a specific phase may ultimately vary and cause the total project cost to change from the estimate provided in Attachment A. The total project costs remaining after contributions other participating cities, exclusive of the CITY-provided services specified in Part IV of this AGREEMENT, is to be borne solely by SBCTA. C. To execute appropriate agreements with other cities and agencies to facilitate and coordinate the completion of the PROJECT. D. To certify the California Environmental Quality Act Notice of Exemption (CEQA NOE) and coordinate with Caltrans to certify the National Environmental Policy Act Categorical Exclusion (NEPA CE). E. To designate a Project Manager to represent SBCTA through whom all communications between the Parties shall be channeled. F. To provide CITY with a proposed project schedule to complete the PROJECT. G. 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. H. To perform the design and construction in accordance with State and Federal standards and practices. Cooperative Agreement No. 20-1002318 Page 3 of 10 I. To include CITY in design decisions that could impact CITY’s general plans and aesthetic considerations. J. To make all PROJECT work performed by SBCTA available for review and comment by the CITY. The CITY shall transmit all review comments to SBCTA within 20 working days after the submittal is received by the CITY. If comments are not provided by the 20th working day, SBCTA will deem the submittals approved by the CITY and shall notify the CITY of its intention to move forward with PROJECT execution. The CITY agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT-related submittals requiring the CITY to review and comment. SBCTA and CITY shall review all comments received regarding the PROJECT and mutually agree upon comments which shall be incorporated into the PROJECT. K. To apply for encroachment permits authorizing entry of SBCTA 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; and to receive encroachment permits from the CITY at no cost to SBCTA. L. To obtain, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies; all necessary PROJECT permits, agreements, and/or approvals from the CITY shall be provided at no cost to SBCTA. All mitigation, monitoring, and/or remedial action required by said permits and/or agreements obtained from agencies other than the CITY shall constitute part of the PROJECT cost. M. To identify the utilities within the PROJECT area and coordinate with the utility companies to determine their location, and if necessary their relocation. N. To provide written notice to CITY upon SBCTA’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 SBCTA shall promptly pursue the completion of such nonmaterial work. O. Upon completion of construction of PROJECT, SBCTA shall deliver to CITY a complete set of redline “as-built” plans of the PROJECT. IV. CITY RESPONSIBILITIES: CITY agrees: A. 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. B. To distribute PROJECT submittals for review and comment the CITY’s Public Works Department. Cooperative Agreement No. 20-1002318 Page 4 of 10 C. To distribute PROJECT submittals for review and comment by CITY. D. To review and comment, at no cost to the PROJECT, on all PROJECT work performed by SBCTA. CITY shall transmit all review comments to SBCTA within 20 working days after the submittal is received by CITY. If comments are not provided by the 20th 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. SBCTA and CITY shall review all comments received regarding the PROJECT and mutually agree to which comments shall be incorporated into the PROJECT. E. To provide encroachment permits authorizing entry of SBCTA 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. If encroachment permits are necessary, the CITY agrees to facilitate coordination with adjacent properties, residences, and businesses impacted. F. To provide all City permits and waive City fees required to construct the PROJECT. SBCTA/contractor(s) shall obtain and pay the fees for all other non-City permits required for the construction of the PROJECT. G. To prepare CITY staff reports for city council consideration and SBCTA agrees to provide supporting documentation for the staff reports. H. CITY agrees to exempt SBCTA from plan check fees for submittal reviews. I. CITY agrees it will issue zero fee encroachment, traffic control, and street cut permits or other permits required by the CITY to perform investigative activities required by the PROJECT. J. CITY agrees to provide at no cost to the PROJECT existing improvement plans, and standard plans and specifications. K. CITY agrees 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. L. CITY agrees it will invoke its franchise/utility agreements and have its prior rights 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. Cooperative Agreement No. 20-1002318 Page 5 of 10 M. To accept in writing the PROJECT within thirty (30) days of receipt of written notice from SBCTA that the PROJECT is substantially completed as described by Paragraph “N” in Section III, which acceptance shall not be unreasonably withheld or delayed. Withholding or delaying acceptance because of nonmaterial work remaining to be completing shall be deemed unreasonable. V. MUTUAL RESPONSIBILITIES: A. The scope of the PROJECT is depicted in Attachment B “Conceptual Layout”. The scope of Phase II improvements is an “estimate” of improvements and is subject to change. To adhere to available funding limits for Phase II, as shown in Attachment A, certain improvements in Phase II may be eliminated. B. CITY agrees SBCTA is completing project management, environmental, PS&E, ROW, construction management, procurement and oversight of a construction contractor to complete the PROJECT. SBCTA will complete these tasks using SBCTA staff or contracted services. C. 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 under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. D. 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 under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. E. This Agreement shall continue in full force and effect through completion and closeout of the PROJECT or on December 31, 2026 whichever is earlier in time. Should any claims arising out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid. F. CITY is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrants that Cooperative Agreement No. 20-1002318 Page 6 of 10 through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. G. SBCTA is a public entity with Professional Liability, General Liability and Automobile Liability policies of $10,000,000 each and Workers’ Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. H. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT. I. Except on subjects preempted by Federal law, this AGREEMENT shall be governed 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 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 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. K. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under 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. L. This AGREEMENT can be amended with a written amendment when agreed upon and 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 attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs C and D of this Section. N. This AGREEMENT may be signed in counterparts, each of which shall constitute an 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 writing, unless otherwise provided for herein, and shall be served personally or by reputable courier or by email addressed to the relevant party at the address/fax number stated below. P. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), email or private courier including overnight delivery services. Notice shall be sent to the Cooperative Agreement No. 20-1002318 Page 7 of 10 respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. a. If to CITY: City of San Bernardino 300 North “D” Street, 3rd Floor San Bernardino, CA 92418 Attention: Public Works Director Email: b. If to SBCTA: San Bernardino County Transportation Authority 1170 West 3rd Street, 2nd Floor San Bernardino, CA 92410 Attention: Paula Beauchamp Director of Project Delivery and Toll Operations Email: pbeauchamp@gosbcta.com Q. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. R. Attachments A and B are attached to and incorporated into this AGREEMENT. Cooperative Agreement No. 20-1002318 Page 8 of 10 SIGNATURE PAGE TO COOPERATIVE AGREEMENT NO. 20-1002318 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: ____________________________ Raymond W. Wolfe Executive Director Date:___________________ APPROVED AS TO FORM AND PROCEDURE: By:_____________________ Julianna K. Tillquist General Counsel CITY OF SAN BERNARDINO By:_____________________________ John Valdivia Mayor Date:___________________ APPROVED AS TO FORM AND PROCEDURE: By:_____________________ Sonia Carvalho City Attorney Cooperative Agreement No. 20-1002318 Page 9 of 10 ATTACHMENT A PROJECT FUNDING TABLE Table 1. Phase II Costs for San Bernardino Metrolink Station Fund Amount City of San Bernardino ATP Local Contribution for Design and Construction $0 Project Management Cost (and other City incurred cost) $0 Total City Contribution $0 ATP Phase II Project Funding allocated to San Bernardino $181,500 Total Cost $181,500 Cooperative Agreement No. 20-1002318 Page 10 of 10 ATTACHMENT B CONCEPTUAL LAYOUT