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HomeMy WebLinkAboutContracts & Agreements_24-2017 1987 LETTER OF TRANSMITTAL s City of Highland * Public Works/Engineering Dept. 27215 Base Line Highland, CA 92346 OF HT (909) 864-8732 Fax: (909) 862-3180 To: City of Redlands Date: 02/17/2017 P O Box 3005 Project: str15002 Redlands, CA 92373 Highland/Redlands Regional Connector Project Attention. City Clerk VIA 0 US MAIL ❑ UPS ❑ MESSENGER ❑ California Overnight Originals Date Pages Description 1 02/17/2017 11 ATP Cooperative Agreement-Signed Copies Date Pages Description NOTES: THESE ARE TRANSMITTED as checked below 1R As Requested _❑ For Your Information and Use UFor Consideration and Approval ❑ Approved ❑ Return one original to the City,when fully executed Alon'&a-Mugoz Administrative Assistant 11 (909) 864-8732 Ext 217 COOPERATIVE AGREEMENT BETWEEN CITY OF HIGHLAND AND CITY OF REDLANDS FOR HIGHLAND/REDLANDS REGIONAL CONNECTOR PROJECT This AGREEMENT is made and entered into this 10, day of February 2017 ("Effective Date") by and between the City of Highland (hereinafter referred to as HIGHLAND) and the City of Redlands (hereinafter referred to as REDLANDS), sometimes individually referred to as a PARTY and, collectively referred to as the PARTIES. WITNESSETH WHEREAS, HIGHLAND and REDLANDS worked cooperatively in the preparation of two grant applications to secure funding for development and construction of a regional bikeway/walkway project entitled HIGHLAND/REDLANDS REGIONAL CONNECTOR PROJECT (hereinafter referred to as the PROJECT), and WHEREAS, HIGHLAND was the Implementing Agency and REDLANDS was the Partnenng Agency in the two grant applications, and WHEREAS, the PROJECT has been awarded $702,562 Transportation Development Act (TDA) Article 3 funds by San Bernardino County Transportation Authority (SBCTA) and $3,635,575 Active Transportation Program (ATP) Cycle 2 funds by the California Transportation Commission, and WHEREAS, the PROJECT lies within the jurisdiction of HIGHLAND and REDLANDS, and WHEREAS, based on the projected amount of the PROJECT costs for the portions of the PROJECT located within HIGHLAND and REDLANDS that were used in the two grant applications,the amount of TDA Article 3 funds applicable to HIGHLAND and REDLANDS is $430,144 and $272,418 respectively, and the amount of ATP Cycle 2 funds applicable to HIGHLAND and REDLANDS is $2,242,936 and $1,392,639 respectively, and WHEREAS, the PARTIES acknowledge that each PARTY is responsible for the full cost of the portion of the PROJECT lnented within its respective jurisdictional boundaries; and WHEREAS, the PARTIES recognize that PROJECT costs are subject to change and that it is the intent of the PARTIES that each PARTY shall pay for its share of final PROJECT costs, net of grant funding, and WHEREAS, the PARTIES wish to enter into a Cooperative Agreement to coorporate in the implementation of the PROJECT and to fund their respective PROJECT share for the various phases of the PROJECT, NOW, THEREFORE, in consideration of the mutual promises contained herein, the PARTIES agree to the following SECTION I HIGHLAND AGREES TO 1. Act as Implementing Agency in the execution of the entire PROJECT located within HIGHLAND and REDLANDS As such,HIGHLAND shall be the sole PARTY that contracts with consultants and contractors for environmental processing and mitigation, design, right-of-way acquisition, construction and construction engineering of the PROJECT 2 Include REDLANDS in the PROJECT's development team meetings and related communications on the PROJECT's progress and to provide at least quarterly written schedule updates to REDLANDS 3 Maintain up-to-date PROJECT cost estimates and keep REDLANDS informed in writing of the cost estimates 4 Be responsible for the full cost of the PROJECT located within HIGHLAND 5 Pay its share of the PROJECT costs if grant funding is reduced, relinquished, deobligated or otherwise no longer available 6 Invoice REDLANDS for its share of the PROJECT costs no more frequently than once per month Consultants/Contractor invoices shall be included with invoices to REDLANDS as the basis for substantiating the invoice amount for eligible PROJECT expenditures 7 Coordinate with SBCTA and Caltrans regarding the TDA Article 3 grant and the ATP Cycle 2 grain and apply for reumbursemriert no less frequently than biannually A UYvu receipt of Ti"".r*�icle 3 ai AiXA r'yLi�.2 grl alit funds,1WLYlUILl.]e 1\i l/L111 LS its share of the grants within sixty(60)days 9 Establish and maintain an accounting system conforming to Generally Accepted Accounting Principles to support accounting activities associated with the delivery of the PROJECT by HIGHLAND and produce monthly reports which clearly identify J\City Council ReportsWumcipal Utilities&Engtneermg\2017\2 7 17\RCA-Highland-Redlands Bike Project Cooperative Agreement\ATP Cycle Agreement Word version 1-30 17 docx invoice payments for the PROTECT,including information of the PROJECT funding sources 10 Repay REDLANDS any PROJECT costs paid by REDLANDS that are determined by subsequent audit conducted by SBCTA, Caltrans or other government audit agencies to be the PROJECT costs that HIGHLAND is responsible for within sixty (60)days of REDLANDS and HIGHLAND receiving notice of audit findings 11 Maintain all source documents, books and records connected with HIGHLAN'D'S performance under this Agreement for a nrummum of five(5)years from the date the Notice of Completion of the PROJECT construction contract is recorded, or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of REDLANDS Copies will be made and famished by HIGHLAND upon request 12 Abide by all SBCTA, State and Federal policies, procedures, and regulations applicable to the PROJECT 13. Be responsible for the on-going maintenance of the completed improvements located within HIGHLAND SECTION II REDLANDS AGREES TO. 1 Be responsible for paying to HIGHLAND the full cost HIGHLAND incurs for the part of the PROJECT that is located within REDLANDS based on invoices supplied to REDLANDS by HIGHLAND 2 Pay its share of the PROJECT costs if grant funding is reduced,relinquished, deobhgated or otherwise no longer available 3 Reimburse HIGHLAND for expenditures incurred on that portion of the PROJECT located within REDLANDS within thirty(30)days following receipt of an invoice from HIGHLAND A Repay HIGHLAND any PROJECT costs that are determined by subsequent audit conducted by SBCTA,Caltrans, government auditing agencies to },e PR(ZTF f'"�'�nwt.e 41,w.t. Dl+t1iV L'- .0 rcciyvi'aui�le - ::i+�r i uu J kvv)w"Jo �f HIGHLAND and REDLANDS receiving notice of audit findings 5 Repay HIGHLAND within sixty(60)days the amount of grants received by REDLANDS,via HIGHLAND,if a subsequent aucut conductea by SBCTA, Caltrans or other government auditing agencies determines that such grant amount is unallowable and must be returned by HIGHLAND to the grant agencies J\City Council Reports\Mumcipal Utilities&Engtneering\2017\2 7 17\RCA-Highland-Redlands Bike Project Cooperative Agreement\ATP Cycle Agreement-Word version 1-30-17 docx 6 Assist in relocation or removal of utilities that interfere with construction of the portion of the PROJECT located within REDLANDS 7 Assist in acquisition of street rights-of-way and temporary construction casements needed for construction of the portion of the PROJECT located within REDLANDS 8 Be responsible for the on-going maintenance of the completed improvements located within REDLANDS. SECTION III IT IS MUTUALLY AGREED 1 That this Agreement applies to all phases and scope of work for the PROJECT, as described in Attachment"A" 2 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, or other fees 3 Each PARTY shall defend,indemnify and hold harmless the other PARTY from and against any claim of liability, damages, costs or loss, including costs and attorneys' fees, from personal injury or death to persons, or property damage (collectively "Claims'} resulting from or ansing out of the negligence or willful misconduct of either PARTY, or its elected officials, employees, contractors or agents, except to the extent such Claims may be caused by or result from the negligence or willful misconduct of the other PARTY, or its elected officials, employees, contractors or agents Further, HIGHLAND shall require its contractors to defend, indemnify and hold harmeless REDLANDS and its elected officials, employees and agents from and against any and all claims, losses or liability, including costs and attorneys' fees, ansmg from mjury or death to persons or damage to property occasioned by or resulting from any negligent act, omission or failure to act, or willful misconduct by any contractor or its officers, employees and agents in constructing the PROJECT 4 That this Agreement shall commence on its Effective Date and shall terminate upon HIGHLAND's provision of a written notice of completion of the PROJECT to REDLANDS,unless any PROJECT accounting remains unsettled between the PARTIES, or between the PARTIES and either of the grant agencies Upon settlement of any such accounting issues,HIGHLAND shall then issue a written notice of completion of the PROJECT and this Agreement shall be deemed terminated as of such date This Agreement may be extended or terminated by mutual written consent of the PARTIES J\City Council Reports\Municipal Utilities&Engineermg\2017\2 7 171RCA-Highland-Redlands BAe Project Cooperative Agreement\ATP Cycle Agreement-Word version 1-30-17 docx City of Highland Citv of Redlands By ,JPrt& By - -0&X6, PE LEL UL W FOSTER Mayor Mayor Date ) /Y boll- Date ��7�I 7 APPROVED AS TO RM AND APPROVED AS TO FORM AND PROCED PROCEDURE By DBy StEELE MM14fMcHUGH City Attomey CityAftemey Date Z�I A-7 Date A ATTEST- JqOne Donaldson,Ctty Clerk J\City Council ReportsWumcipal Utilities&Engineering\201712 7 17\RCA-Highland-Redlands Bike Project Cooperative Agreement\ATP Cycle Agreement-Word version 1-30-17 docx ATTACHMENT "A" Proiect Descrlotion This Project, entitled Highland/Redlands Regional Connector, will construct new active transportation improvements including Class I, II, and IV Bicycle/Pedestrian paths, a bicycle/pedestnan bridge, bike signals & detection systems, pedestrian count-down heads, pavement sharrows, safety beacons,wayfinding signs,pedestrian lighting, and speed feedback signs The Project is located along 1.75 miles of Orange Street, and 2 95 mules of seven other streets or easements in the cities of Highland and Redlands The Project also includes implementation of Safe Routes to School (SRTS) program activities at Arroyo Verde and Highland Grove Elementary Schools, and Beattie Middle School Proiect Scone of Imurovements Area I(Highland) a Construct new Class I bikeways and appurtenances along + Orange Street between the south City Limit Line and Pole Line Trail • Lot"Y"Easement between Eucalyptus Drive and Streater Drive b Construct new Class II bikeways and appurtenances along• • Orange Street between Pole Line Trail and Eucalyptus Drive • Streatcr Drive between Base Line and Glenheather Drive •...Glenheather Drive between Streater Drive and Church Street • Love Street between Church Street and Elder Gulch Paseo • Boulder Avenue/Orange Street between CEMEX Entrance and Greenspot Road (Pavement Widening) c Construct a new bicycle/pedestrian bridge in the proposed new Class I Bikeway along the east side of Orange Street over Plunge Creek d Construct pavement widening at the following locations • Orange Street between Pole Line Trail and Eucalyptus Drive • Rrn_ldf- Q�� 7,��/Cl nnA Q."of-t}�etreen r'FTAT;Y Tyn nye �,�.1 1- l +D A b" aulu VAeVl.�]�VL 1<VNLL e Install drainage culverts under the proposed new Class I Bikeway along the east side of Orange Street where crossing an existing drainage ditch f Install solar powered warning beacons, Botts dots and "Share the Road" signs along Orange Street where the roadway narrows and sharrows are proposed near the J 1City Council Reports%lumcipal Utilities&Enginccring1201712 7 171RCA-Highland-Redlands Bike Protect Cooperative AgreementlATP Cycle Agreement-Word version 1-30-17 docx • Northwest end of the existing bridge over Plunge Creek • Southeast end of the existing bridge over Plunge Creek g Install new solar powered decorative LED pedestrian lights and appurtenances on the proposed Class I bikeways along Orange Street north of City Limit Line, and within the Lot"Y"easement between Orange Street and Streater Drive h Construct solar powered speed feedback signs and appurtenances along Orange Street between Plunge Creek and the CEMEX Entrance (two required) 1 Install new bicycle traffic signal heads and appurtenances on the existing traffic signal at the intersection of Orange Street and the CEMEX Entrance within Highland Install pedestrian countdown heads on the existing traffic signal at the Orange Street/Greenspot Road intersection for the south and east legs of the intersection (four required) k Install in-roadway bicycle detection systems and appurtenances at signalized intersections within Project limits in Highland, including all bike lane approaches at each of the following • Orange Street/CEMEX Entrance • Boulder Avenue/Greenspot Road • Greenspot Road/Orange Street • Base Line/Streater Drive 1 Install in-roadway bicycle detection systems for the lighted crosswalk on Glenheather Dnve/Love Street/Church Street intersection. in Install new bike racks and appurtenances at. • Beattie Middle School (one) • Highland Grove Elementary School (one) n Apply thermoplastic pavement striping and pavement markings within Project limits in Highland, including • Travel Lanes � D1kV LRI.IVA • Sharrows Crosswalks Striped Buffers o Apply slurry seal on streets within Project limits in Highland,including J\City Council Reports\Mumcipal Utilities&Engineenng\2017\2 7 17\RCA-Highland Redlands Bike Project Cooperative Agreement\ATP Cycle Agreement-Word version 1 30-17 docx • Orange Street • Boulder Avenue • Streater Drive • Glenheather Drive • Love Street p Install Bollards or other feature to prevent unauthorized vehicular access to the new bicycle/pedestrian bridge q Install bicycle way-finding signs along all bikeways within Project lmuts in Highland r Install crosswalks at the following locations. Orange Street/CEMEX Entrance (across the north leg of the intersection) • Greenspot Road/Orange Street (across the north, east and west legs of the intersection) s Implement Safe Routes to School Program activities and events at Arroyo Verde Elementary School Highland Grove Elementary School • Beattie Middle School Area II(Redlands) t Construct new Class I bikeways and appurtenances along • Pioneer Street between Texas Street and Orange Street • Orange Street between Santa Ana River Trail and the north City Limit Line u Construct new Class IV Bikeway and appurtenances on • Orange Street between Pioneer Street and Santa Ana River Trail v Install new solar powered decorative LED pedestrian lights and appurtenances on the proposed Class I bikeways along Pioneer Street, and Orange Street south of north City Limit Line w install new bicycle traffic signal heads and appurtenances on "me existing traffic signal at the intersection of Orange Street and the CEMEX Entrance within Redlands x Install pedestrian countdown heads on the existing traffic signal at the Orange Street/CEMEX Entrance intersection for the north and west legs of the intersection (four required) J\City Council Reports\Mumcipal Utilities&Engineering\2017\2 7 17\RCA-Highland-Redlands Bike Project Cooperative Agreement\ATP Cycle Agreement-Word version 1 30-17 docx y Install in-roadway bicycle detection systems and appurtenances at signalized intersections within the Project limits in Redlands, including all bike lane approaches at the Orange Street/CEMEX Entrance intersection z Install new Bike Racks and appurtenances at • Citrus Valley High School(two) as Apply thermoplastic pavement striping and pavement markings within the Project limits in Redlands,including • Travel Lanes • Bike Lanes • Sharrows • Crosswalks bb Construct new curb ramps(eight required) cc Construct new curb and gutter,pavement wideaung,and new raised curb median on Pioneer Street between Texas Street and Orange Street dd Construct new sidewalk on • Pioneer Street between Texas Street and Orange Street • Orange Street between Pioneer Street and Santa Ana River Trail ee Install crosswalks at the following intersections • Pioneer Street/Texas Street(across the north leg of the intersection) • Orange Street/CEMEX Entrance (across the north leg of the intersection) Areas I and II(Hishland and Redlands) ff Clear and grub throughout the Project limits, including pavement and concrete removals, as necessary to make way for proposed improvements gg Excavate and grade throughout the Project l,rnits as necessary to actueve proposed final grades hh Relocate and/or adjust all utilities as required to make way for the proposed new improvements J\City Council RcportsWumcipal Utilities&Engineering1201712 7 171RCA-Highland-Redlands Bike Project Cooperative AgreementlATP Cycle Agreement-Word version 1-30-17 docx Proiect Cost Estimate 4 Phase Total Cost Highland Redlands Environmental $200,000 $100,000 $100,000 j Design. $334,729 $203,476 $1313253 � Right-of-Way $110,000 $110,000 $0 00 1 Constriction $3,849,390 $2,339,979 ; $1,509,411 1 Public Outreach $50,000 $50,000 $0 00 1 Total ; $4,544,119 $2,803,455 $1,740,664 Proiect Funds Sources Highland Redlands TDA Article 3 $430,144 $272,418 ATP $2,242,936 $1,392,639 I Local Match $130,375 $75,607 Total $2,803,455 $1,740,664 J 1City Council Reports%lumcipal'Utilities&Engineermg1201712 7 171RCA-Highland-Redlands Bice Project Cooperative AgreementlATP Cycle Agreement-Word version 1-30-17 docx Proiect Exhibit fk` r_ LI wi fff �, ki J, . r - - = - -- k qu - r9 Sp f � i4 LEGEND C ass �e ■ Ex stn, ' ss 7- 5 ut-r..,;I kss V Bike Lavas _- ........... Exsvrg-M..' f-w.mtvc CCs#Biksrvay ;rs J,�' r i7 :`a"'kJV'�• .JL4,'i3t"IP.2'CiSkl$iiG'�Lan':S CrGMStMCt Z=S W Bite Lanes J\City Council Reports\Mumcipal Utilities&Engineering\2017\2 7 17\RCA-Highland-Redlands Bike Project Cooperative Agreement\ATP Cycle Agreement-Word version 1-30-17 docx