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HomeMy WebLinkAboutContracts & Agreements_224-2016 ` FOR COUNTY USE ONLY New FAS Vendor CodeC+ Dept Contr�sF�u�6 Change CITYOFR766 SC TRA aw (/lJlr/ I-1 Cancel _ SAN BERNARDINO I ePro Vendor Number ePro Contract Number COUNTY County Department Dept. Orgn Contractor's License No Public Works-Transportation TRA TRA �ri ounty Department Contract Representative Telephone Total Contract Amount FAS Srirajan, P E , Chief (909)387-8166 $3,712,125 Contract Type CONTRACT TRANSMITTAL i Revenue ® Encumbered El Unencumbered rl Other if not encumbered or revenue contract type provide reason Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 91200 Fund Dept Organization Appr Obf/Rev Source GRC/PROJ/JOB No Amount SGO TRA TRA 200 2445 14M00012 $3,712,125 Fund Dept Organization Appr Obj/Rev Source GRC/PROJ/JOB No Amount II Fund Dept Organization Appr Obl/Rev Source GRC/PROJ/JOB No Amount Project Jame I Estimated Payment Total by Fiscal Year FY Amount IID FY Amount IID Alabama Street 16/17 43,448 1 19120 350,000 1 @ Interstate 10 17118 202,131 1 20121 2698,699 1 Interchange Improvement 18119 171,610 1 21122 246,237 1 CONTRACTOR City of Redlands (City) Federal ID No or Social Security No Contractor's Representative Ross Wittman Address P O Box 3005, Redlands CA 92373 Phone (909) 798 - 7524 Nature of Contract Cooperative Agreement between the County and City to fund the development mitigation fair- share requirements for the Project Approval and Environmental Document, Plans,gS %Gations and Estimate, Right of Way, Construction and Extended Landscape Maintenance t a Street at Interstate 10 Interchange Improvement Project(Project), in the Redlands The Project is identified i s6ciateedd Governments (SANBAG) Nexus Study, whereby County's fair-share fort 5 I trj4t ut Hole area is 65 1% County' ibution ($3,712,125) towards the Project shall be funded rough its Regional Transportati n D o ration Plan — Freeway Interchange fund account ` 0�4 The City shall invoice County for Couly s sh t r jet Which is currently estimated to be $3,712,125 County's contribution shall not sisent a written amendment to the Agreement T- roApprov Legal Form gn in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature Sco M Runyan, Deputy County Counsel Grant C Mann,P E Chief erry Newlcokibe,Department Head Date — 1 o - l 6 Date //��� iJ Date I Auditor-Controller/Treasurer/Tax Collector Use Only 0 Contract Database ❑FAS Input Date Keyed By DEVELOPMENT MITIGATION COOPERATIVE AGREEMENT NO BETWEEN CITY OF REDLANDS AND COUNTY OF SAN BERNARDINO FOR INTERSTATE 10 AT ALABAMA STREET INTERCHANGE PROJECT THIS AGREEMENT is made and entered into this I I M day of M R:HR K, 24 by and between the City of Redlands (hereinafter referred to as SPONSORING AGENCY) and the County of San Bernardino (hereinafter referred to as SUPPORTING AGENCY) WITNESSETH WHEREAS, the Measure I 2010-2040 Expenditure Plan and the San Bernardino County Transportation Authority (hereinafter referred to as SANBAG) Nexus Study identified freeway interchange projects eligible for partial funding from the Measure 1 2010-2040 Valley Freeway Interchange Program (VFI)revenues, and WHEREAS,the Interstate 10 (I-10) at Alabama Street Interchange Project(PROJECT) in the City of Redlands is one of the projects identified as eligible to receive such funding, and WHEREAS, the Measure I 2010-2040 Strategic Plan sets forth the policies by which the expenditure of Measure I funds are managed, and WHEREAS, many of the interchange projects in the Valley Freeway Interchange Program require shared development contributions from a sponsoring agency and one or more supporting agencies, and WHEREAS, the PROJECT lies fully within the jurisdiction of the City of Redlands, and WHEREAS, for this PROJECT,the County of San Bernardino and the City of Redlands agree that the County of San Bernardino is the SUPPORTING AGENCY and the City of Redlands is the SPONSORING AGENCY, and WHEREAS, SANBAG transacts all expense reimbursements foi PROJECT with the SPONSORING AGENCY, and WHEREAS, SANBAG requires the SPONSORING AGENCY to coordinate all minority share development mitigation fall share contributions identified in Nexus Study, and WHEREAS, no allocation of Measure I funding by SANBAG will occur prior to the execution of the Development Mitigation Cooperative Agreement among development mitigation contributors identified for the PROJECT, and WHEREAS, the SPONSORING AGENCY and SUPPORTING AGENCY wish to enter into a Development Mitigation Cooperative Agreement to fund the development nutigation fall share requirements for the Environmental, Design, Right of Way and Construction phases of the PROJECT, and WHEREAS, the SANBAG Nexus Study determines the fair-share percentages of the total estimated interchange improvement costs as SANBAG Public Share — 49 5% and Local Development Contribution—50 5%, and WHEREAS, the Local Development Contribution of 50 5% is shared between the local Jurisdictions as SUPPORTING AGENCY (County of San Bernardino) — 651% and SPONSORING AGENCY (City of Redlands)--34 9%, and WHEREAS, SPONSORING AGENCY and SANBAG entered into Memorandum of Understanding No 16-1001326, on June 9, 2016, setting forth the PROJECT's scope of work, funding obligations and participation, as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and WHEREAS, total estimated PROJECT cost is $10,968,000 and of this amount $330,000 will be paid to SANBAG for PROJECT oversight, and WHEREAS, SANBAG's PROJECT oversight cost ($330,000) will be shared between SUPPORTING AGENCY and SPONSORING AGENCY, based on the Nexus Study percentages, and WHEREAS, SANBAG shall serve as lead agency in the Project Approval and Environmental Document, Plans, Specifications and Estimate, Right of Way, Construction and Extended Landscape Maintenance phases of the PROJECT, and WHEREAS, SANBAG's estimated share of PROJECT cost is $5,265,810, SUPPORTING AGENCY's estimated share is $3,712,125 and SPONSORING AGENCY estimated share is a $1,990,065, as set forth in Attachment "A", attached hereto and incorporated herein by this reference, and WHEREAS, SPONSORING AGENCY wishes to begin the PROJECT, and WHEREAS, SPONSORING AGENCY and SUPPORTING AGENCY are entering into this Agreement with the understanding that SUPPORTING AGENCY will provide SPONSORING AGENCY with the development mitigation fair share amount established by the Nexus Study for eligible PROJECT expenditures NOW, THEREFORE, SPONSORING AGENCY and SUPPORTING AGENCY agree to the following SECTION I SPONSORING AGENCY AGREES TO I Provide 34 9% (currently estimated at $1,990,065) of the 50 5% development mitigation fan-sham funding for the PROJECT, which will come from development impact fees of other source of development contribution as required by the Development Mitigation Nexus Study (Appendix G of the SANBAG Congestion Management Program — CMP) and Appendix J of the CMP of from a loan of funds to the City's development impact fee SPONSORING AGENCY's share shall not exceed the current estimate of$1,990,065,absent an amendment to this Agreement pursuant to Section III , paragraph &, below 2 Maintain up-to-date PROJECT cost estimates for the PROJECT in the SANBAG Nexus Study and to notify the SUPPORTING AGENCY of changes to the PROJECT cost estimate included in the Nexus Study within thirty (30) days of approval by the SANBAG Board of Directors fol PROJECT's scope of work included in Attachment A of this Agreement 3 Invoice SUPPORTING AGENCY for development mitigation required by SANBAG Nexus Study no more frequently than once per month Contractor invoices and other support documents shall be included with invoice to SUPPORTING AGENCY as the basis foi substantiating the invoice amount foi eligible PROJECT expenditures 4 Abide by all SANBAG, State and, if applicable, Federal policies, procedures, and regulations pertaining to the PROJECT, including policies pertaining to the PROJECT in the Measure 12010-2040 Strategic Plan 4 5 Repay the SUPPORTING AGENCY any development mitigation costs that are determined by subsequent audit to be unallowable within sixty (60) days of SPONSORING AGENCY receiving nonce of audit findings 6 Execute a Project Funding Agreement with SANBAG as required by the SANBAG Measure 12010-2040 Strategic Plan, and to be responsible for ensuring the PROJECT's compliance with the terms of the funding agreement 7 Prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in the Attachment"A" and to submit that Final Report of Expenditures and final invoice no later than 120 days following the completion of those expenditures The expenditure report must state that these PROJECT funds were used in conformance with this Agreement and for those PROJECT-specific work activities described 8 Maintain all source documents,books and records connected with its performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SANBAG or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SUPPORTING AGENCY Copies will be made and furnished by SPONSORING AGENCY upon request 9 Establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support accounting activities associated with the delivery of PROJECT by the SPONSORING AGENCY and produce monthly reports which clearly identify invoice payments for PROJECT, including funding information 10 Include SUPPORTING AGENCY in Project Development Team (PDT) meetings and related communications on project progress and to provide at least quarterly schedule updates to SUPPORTING AGENCY SECTION II SUPPORTING AGENCY AGREES TO 1 Provide 65 1% (currently estimated at $3,712,125) of the 50 5% of development mitigation fan share funding for the PROJECT, which will come from development impact fees collected in the County of San Bernardino Redlands Donut Hole Interchange account, as required by the Development Mitigation Nexus Study, Appendix G and Appendix J of the CMP, or from a loan of funds to the SUPPORTING AGENCY's development impact fee Eligible PROJECT costs shall be contained in the Nexus Study and will be updated by SPONSORING AGENCY per Section I of this Agreement SUPPORTING AGENCY's share shall not exceed the current estimate of$3,712,125 absent an amendment to this Agreement pursuant to Section 111, paragraph 8 below 2 Reimburse SPONSORING AGENCY for expenditures incurred on PROJECT at a rate no more frequently than monthly within sixty (60) days following receipt of a progress invoice from the SPONSORING AGENCY SECTION 111 IT IS MUTUALLY AGREED 1 That the Agreement applies to all phases and scope of work fol the PROJECT, as listed in Attachment A 2 That the SUPPORTING AGENCY'S financial responsibility shall not exceed 65 1% of 50 5% and SPONSORING AGENCY's financial responsibility shall not exceed 34 9% of 50 5% of actual PROJECT costs foi expenditures on the scope of work as listed in Attachment A, unless the fair-shat e percentage is amended in the SANBAG Nexus Study as a result of annexations or other changes to growth figures that affect development mitigation fan-share contributions to the PROJECT Any change in faii- share percentages shall affect only development mitigation contributions subsequent to the amendment to the SANBAG Nexus Study and shall not be retroactive 3 That eligible PROJECT expenditures shall be limited to the PROJECT-specific work activities described in Attachment A to this Agreement and shall not include escalation, interest, of other fees 4 That neither SPONSORING AGENCY not any offices or employee thereof is responsible foi any injury, damage or liability occurring of arising by reason of anything done of omitted to be done by SUPPORTING AGENCY in connection with the PROJECT of under or in connection with any work, authority of Jurisdiction delegated to SUPPORTING AGENCY under this Agreement It is understood and agreed that, pursuant to Government Code Section 895 4, SUPPORTING AGENCY shall fully defend, indenunfy and save harmless SPONSORING AGENCY, its officers and employees 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) of damage occurring by reason of anything done or omitted to be done by SUPPORTING AGENCY under or in connection with any work, authority of jurisdiction delegated to SUPPORTING AGENCY under this Agreement 5 That neither SUPPORTING AGENCY nor any officer of employee thereof is responsible for any injury,damage of liability occurring or arising by reason of anything done of omitted to be done by SPONSORING AGENCY in connection with the PROJECT of under of in connection with any work, authority of jurisdiction delegated to SPONSORING AGENCY under this Agreement It is understood and agreed that, pursuant to Government Code Section 895 4, SPONSORING AGENCY shall fully defend, indemnify and save harmless SUPPORTING AGENCY, its officers and employees from all claims, suits or actions of every name, kind and description brought for of on account of injury (as defined by Government Code Section 810 8) of damage occurring by reason of anything done of Dratted to be done by SPONSORING AGENCY under of in connection with any work, authority of jurisdiction delegated to SPONSORING AGENCY under this Agreement 6 In the event SUPPORTING AGENCY and/or SPONSORING AGENCY is found to be comparatively at fault for any claim, action, loss of damage which results from then respective obligations under this Agreement, SUPPORTING AGENCY and/or SPONSORING AGENCY shall indemnify the other to the extent of its comparative fault 7 SPONSORING AGENCY and SUPPORTING AGENCY agree to waive all rights of subrogation against each other 8 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings of agreements No supplement, modification, of amendment of this Agreement shall be binding unless executed in writing and signed by both Parties 9 This Agreement will be considered terminated upon reimbursement of eligible costs by SUPPORTING AGENCY of may be tenninated should SANBAG terminate the Project Funding Agreement with SPONSORING AGENCY Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any Party may terininate this Agreement at any time,with of without cause, by ZD giving thirty (30) calendar days written notice to the other Party 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 The provisions of paragraphs 7, 8 and 9 of Section I, and paragraphs 4, 5, 6 and 7 of Section III, shall survive the termination of this Agreement 10 SUPPORTING AGENCY may terminate this Agreement if SPONSORING AGENCY fails to perform according to the terms of this Agreement and if this failure jeopardizes the delivery of the PROJECT according to the terms herein 11 That the terms of this Agreement represent the mutual consent of the SPONSORING AGENCY and SUPPORTING AGENCY to provide the full development share for the PROJECT required by the SANBAG Nexus Study and that failure of either party to contribute the development share according to the terms of this agreement does not obligate SANBAG to provide supplemental funds of otherwise remedy that failure SANBAG may use the failure of eithei party to perforin according to the terms of this agreement as justification foi termination of modification of SANBAG's Project Funding Agreement with the SPONSORING AGENCY if this failure jeopardizes the delivery of the PROJECT according to the terms of the Project Funding Agreement 12 This Agreement may be signed in counterparts, each of which shall constitute an ongmal 13 The Recitals are incorporated into the body of this Agreement 14 This Agreement will be effective on the date it is signed by both Parties Crtv of Redlands Countv of San Ber axdmo By U) By PAUL W FOSTER TAME MOS, Chairman Mayor Board of Supervisor Date 1006 6 Date APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE PROCEDURE By By c' ;NIE 3 cHUGH SCOTT M RUNYAN City Attorney Deputy County Counsel Date %/ //a Date ! ATTEST Sam I n City Clerk SIGNED D CI`RTIFtED THATA,tyO OF THIS D UMENT HAS BEEN bELIVERF;D TO TH Ci*AIRMAN-OF THE-SOARQ,,, LAUR HWLF� ` Clerk f the0d of Sopervi the t Of lr ,qty, Exhibit°A" CONTRACT No. 16-1001326 MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF REDLANDS FOR THE DEVELOPMENT OF ALABAMA STREET PROJECT NEAR INTERSTATE 10 BETWEEN ORANGE TREE LANE AND INDUSTRIAL PARK AVENUE I. PARTIES AND TERM A This Memorandum of Understandmg ("MOU") is entered by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("SANBAG") and the CITY OF REDLANDS ("PROJECT SPONSOR") (together, the "PARTIES") on the Effective Date defined later herein B The Term of this MOU will commence on the Effective Date and, unless earlier terminated as provided in Section V, Paragraph D of this MOU, terminate upon the date a notice of completion is recorded for the Alabama Street at I-10 Interchange Project ("PROJECT") or September 30, 2021,whichever is earlier II. RECITALS A WHEREAS, the PROJECT is included in and is eligible to receive funds from the Measure I 2010-2040 Valley Freeway Interchange Program B WHEREAS, the PARTIES desire to proceed with development of the PROJECT C WHEREAS, the PARTIES are entering into thus MOU for the purpose of documenting the terms and conditions of cooperation between the PARTIES required to complete the PROJECT with respect to cost, funding, schedule, and scope, as detailed in Exhibit A, attached hereto and incorporated herein by this reference D WHEREAS, PARTIES agree that the proposed improvements will serve as the 110 Alabama Interchange, identified as priority No 6 within the Freeway Interchange Program,the SANBAG 10-Year Delivery Plan and SANBAG Development Mitigation Nexus Study E. WHEREAS, a conceptual layout of the PROJECT is shown in Exhibit B, attached hereto and incorporated herein by this reference 16-1001326 A-1 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 their availability G. WHEREAS, the Public Share is defined as the percentage share of the PROJECT cost calculated as the total cost of the PROJECT minus the development share (or Local Agency share), and the Local Agency share is defined as 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 understand that the purpose of this MOU is to outline the steps and funds necessary to complete the PROJECT, but this 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 I 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 the PROJECT J 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 SANBAG and PROJECT SPONSOR including specific funding commitments III SANBAG'S RESPONSIBILITIES A SANBAG will be responsible for the Public Share of PROJECT costs in accordance with Measure 12010-2040 Valley Freeway Interchange Program.Strategic Plan Policy 40005 (Policy 40005) and subsequent cooperative agreements. B SANBAG 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 Policy 40005 C SANBAG will assign a qualified member of its staff to coordinate with the PROJECT SPONSOR, as determined reasonably necessary by SANBAG to facilitate delivery of the PROJECT D PROJECT SPONSOR and SANBAG shall consult on a funding strategy for PROJECT completion at least six months prior to completion of the design phase IV PRO.TECT SPONSOR'S RESPONSIBILITIES A PROJECT SPONSOR will be responsible for the Local Share of the PROJECT costs in accordance with Policy 40005 and subsequent agreements, including loan agreements B PROJECT SPONSOR will assign a qualified member of its staff to coordinate with SANBAG, as determined reasonably necessary by PROJECT SPONSOR to facilitate delivery of the PROJECT C PROJECT SPONSOR acknowledges that in accordance with Policy 40005--VFI-2, PROJECT SPONSOR is responsible for nominating the PROJECT If freeway interchange project nominations by SANBAG sponsoring member agencies exceed the available funding, SANBAG shall allocate funds to sponsors of the nominated projects in order of project priority 16-1001326 A-2 Exhibit A Project Scope The PROJECT will improve the Alabama Street between Orange Tree Lane and Industrial Park Avenue, including intersection work, turning lanes and striping It is anticipated that SANBAG will be lead on all phases of work Project Cost Estimate* and Funding Shares: Public Share 49 5% Nexus Development Impact Fee Share(DIF, "Development Share" or"Local Share") 50 50% Local Jurisdictional Split of the DIF Share Redlands 34 90%, County of San Bernardino 65 10% Estimated Cost* Public Share Development Share Phase (Escalated at 3 5c/olyear to (495%) (505%) 612019) (Project Study Report $ 347,000 $ 171,765 $ 175,235 Project Approval &Environmental $ 922,000 $ 456,390 $ 465,610 Document Design $ 462,000 $ 228,690 $ 233,310 Right-of-Way(including Utilities) $ 36,000 $ 17,820 $ 18,180 Construction (Including Construction Management) $ 8,122,000 $ 4,020,390 $ 4,101,610 Landscape(Extended Maintenance) $ 749,000 $ 370,755 $ 378,245 SANBAG Oversight $ 330,000 $ 0 $ 330,000 Total $ 10,968,000 $ 5,265,810 $ 5,702,190 Project estimate is based on conceptual level Iayouts as PSR has not been completed Construction Phase cost includes approximately$90,000 for landscaping Project Milestones: Milestone Actual (Forecast) Start of Project September 2016 PSR Approval September 2017 Environmental Approval December 2018 Design Approved/ROW Certified December 2019 Construction Notice to Proceed" June 2020 Completed for Beneficial Use June 2021 16-1001326 A-5 ti ATTACHMENT A PROJECT DESCRIPTION The Citv of Redlands (SPONSORING AGENCY) proposes to improve the Interstate 10 (I-10) at Alabama Street interchange located in the incorporated area of Redlands The PROTECT will reconfigure the ramps at AIabama Street which includes street improvements intersection and turnma lanes work and striping Protect Funding Table Development Share(50.))% Estimated Cost Redlands (Escalated at SANBAG County Share Share 3 5%/year to Public Share Development Share (65 1%of (34 9%of Phase 612019) (495%) (505%) 505%) 505%) Project Study Report S 175 235 (PSR) $347,000 $ 171,765 $ 114 078 $ 61 157 Project Approval& Environment Document $ 922,000 S 456,390 $ 465,610 S 303112 $ 162,498 Design S 462 000 $ 228 690 $ 233.310 $ 151,885 $ 81,425 Right-of-Way(incl Utilities) $ 36,000 $ 17,820 $ 18,180 S 11,835 $ 6,345 Construction& CM $ 8,122000 $4 020 390 $4 101 610 $2670 148 $1 431 462 Landscape(Extended Maintenance) $ 749,000 $ 370,755 $ 378,245 $ 246,237 $ 132,008 SANBAG Oversight $ 330,000 S 0 S 330,000 $ 214,830 $ 115,170 Total $10 968 000 $5 265 810 $5702,190 $3,712,125 $1,990,065 Proiect Schedule Milestones Estimated Completion Date Start of Prolcet September 2016 PSR Approval Septembei 2017 Environniental Approval Decembei 2018 Plans, Specifications &Estimates (PS&E) Decembei 2019 Right of Way (ROW) Decembei 2019 Constiuction Start Tune 2020 Completion foi Beneficial Use June 2021 Development Mitigation Cooperative Agreement Template 2009