The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_28-2018AMENDMENT NO 2 TO SBCTA CONTRACT NO 15-1001047 MEMORANDUM OF UNDERSTANDING BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF REDLANDS FOR REDLANDS PASSENGER RAIL PROJECT This second amendment ( AMENDMENT No 2") to the Memorandum of Understanding for the Redlands Passenger Rail Project (``PROJECT"), by and between the San Bernardino County Transportation Authority ( hereinafter `SBCTA") and the City of Redlands (hereinafter "CITY") shall be effective as of the later date (hereinafter, the "Effective Date") of either SBCTA's or CITY'S execution of this AMENDMENT No 2 as set forth below SBCTA and CITY are sometimes hereinaftei individually referred to as a "Party' and, together, as the "Parties " RECITALS WHEREAS, the former San Bernardino Association of Governments ("SANBAG") and CITY previously committed to facilitate the design and construction, maintenance and security for a Passenger Rail Station ('STATION") including, but not limited to the requirement that CITY shall contribute $500,000 toward the construction of the STATION, pursuant to Cooperative Agreement Contract No 97-026 ("1,997 AGREEMENT'") on Octobei 1, 1996, and WHEREAS. SANBAG and CITY entered into a Memorandum of Understanding (Contract No I5-1001047) on February 12, 2015, ("MOU") addressing the roles and responsibilities of the Parties for the implementation of PROJECT, and WHEREAS, SANBAG and CITY entered into Amendment No 1 to the MOU on August 25, 2016, ("AMENDMENT No I") addressing the roles and responsibilities for the design and construction of BETTERMENTS requested by CITY, and Page I of 6 I lca�d nalttg eemenlslSecond rimendurent HOU Redlands RPRP do,, WHEREAS, Property One, LLC, (` OWNER') has acquired the historic Redlands Depot adjacent to the planned PROJECT STATION, and WHEREAS, the Parties and OWNER desire improvements ("IMPROVEMENTS") to be constructed on and adjacent to OWNER's property, and WHEREAS, all references to `SANBAG-' in the 1997 AGREEMENT, MOU, and AMENDMENT No 1, shall mean San Bernardino County Transportation Authority ("SBCTA") NOW, THEREFORE, It is mutually understood and agreed by the Parties that both the MOU and AMENDMENT No I will be further amended by this AMENDMENT No 2 to relocate the Diesel Multiple Unit (DMU) platform and associated communication information system, and ticket vending machine on and adjacent to the histol is Redlands Depot hereinafter referred to as "IMPROVEMENTS," as follows In consideration of the promises and mutual understandings contained herein, SBCTA and CITY agree to changes, deletions, and additions as identified below 1 —MOU —.Responsibilities - Responsibility Res_onsibilities-Responsibility number 18 is hereby deleted from the MOL in its entirety 2. AMENDMENT No 1— ARTICLE I TERMS & CONDITIONS The following is inserted at the end of Article I• SBCTA will support the desired IMPROVEMENTS provided A SBCTA and CITY agree, in writing, on the design of the IMPROVEMENTS, and B SBCTA and CITY bear no more than 50% financial obligation for the IMPROVEMENTS, and C, SBCTA's engineering, design and construction contractors conduct environmental analysis, design, and construction of the IMPROVEMENTS, and Page 2 of 6 1 ica dj�rr'vtgreementslSecaTd tftrtendnaent UOU Redlands RPRP docs D Construction of the PROJECT can commence consistent with the delivery schedule depicted in Attachment "2-A" by finalizing design of the IMPROVEMENTS after PROJECT construction has started by incorporating the IMPROVEMENTS' design into construction by contract change order 3 AMENDMENT No. 1— ARTICLE 2 FUNDING The following is inserted at the end of the Section entitled Design Costs Environmental evaluation and design costs for the IMPROVEMENTS are $120,000 The Parties shall each have a 50% financial obligation, and CITY shall pay an amount of $60,000 to SBCTA subsequent to the Effective Date and after CITY's receipt of invoicing from SBCTA with supporting documentation based on the invoices and payments made to third -party consultants, documented schedule of values, and a report of hours expended associated with this AMENDMENT No 2 The text of the. Section entitled Consti uction and Construction Costs is deleted in its entirety and i eplaced with - The costs of constructing the BETTERMENTS for the Metrolink platform is estimated to be $76,600, for which CITY is wholly responsible Based on conceptual planning the cost of constructing the IMPROVEMENTS is estimated to be 5115,510 The Parties are each financially responsible for 50% of the IMPROVEMENTS, respectively 557,755 each CITY shall pay foi an amount not to exceed 5134,355 for the construction costs of the BETTERMENTS and IMPROVEMENTS The costs for the BETTERMENTS and IMPROVEMENTS will be in addition to CITY's contribution pursuant to 1997 AGREEMENT SBCTA will be responsible for all construction management -related costs 4 AMENDMENT No 1 -- ARTICLE 3 RESPONSfBILITIES OF ,SANBAG The following is inserted at the end of At ticle 3 >; Revise the EIR/EIS protect description to address the IMPROVEMENTS G Revise the PROJECT design to include the IMPROVEMENTS H Where feasible, remove, store, and reset historic Redlands Depot bricks on the new DMU platform surface or within the OWNER's property Page 3 of 6 I �.cp!djrriirtgr ee�xer�fsiSecoftd Rmendmert UOU Redlands RPRP docs I Once design of IMPROVEMENTS is completed, negotiate a construction contract change order with construction contractor to construct the IMPROVEMENTS 1 Monitor all elements related to the IMPROVEMENTS' environmental review, design and construction activities to verify schedules, quality, and budget goals are met, including proper identification of the construction cost items related to the IMPROVEMENTS in the construction contract change order K Submit to CITY and OWNER the 30% and 100% IMPROVEMENTS design packages for review and comment and provide a written response to any comments submitted by CITY pursuant to 4 E, below S AMENDIVIENT No. I — ARTICLE 4 RESPONSIBILITIES OF CITY The following is inserted at the end of Article 4 E Provide all comments on the 30% and 100% design submittals to SBCTA in writmg wlthln fourteen (14) calendar days of receipt 6 AINIENDMENT No 1--- ARTICLE 5 AUDIT & INSPECTION The following language is added to Article 5 after "related to the BETTERNMNTS". "and IMPROVENIENTS " 7. The recitals set forth above ai a lncorpoi aced herein by this reference 8 Except as amended by this ANIENDMENT No 2, all other provisions of the MOU and AMENDMENT No. 1 shall remain in fail foi ce and effect 9 The MOU and AMENDMENT No. I are incorporated into this AMENDIVIENT No 2 SIGNATURES ON THE FOLLOWING PAGE Page 4 of 6 ! leaWjrnWgreemexlsiSeeo,ud finendinent •-IOU Redlands RPRP dart IN WITNESS WHEREOF, the PARTIES ha-ve caused this A.GREEMEN I to be entered into as of the date set forth above [AIWA Paul Foster, Kayor Attest nne Donaldson, City Clerk Approved as to forth By Dan ,�cilg City�Att,�yrne Page 5 o C 6 1 CO tiff, .lgree»renfs Simerind 4.mendirtera [IOC R,�&cy ds VRI, dr�c'Y San Bernardino County Iransportatson Authority James C. Ramos President € oard of Directors Approved As To Form By 7liafl Jultanna K I cllcluist Asstsfiant General Counsel Concurrence 13 Jefteit Procurement Manager Attachment "2-A" Project Schedule MilestoneDate Environmental Clearance July 2018 Begin Design March 2018 Invitation to Bid for Construction August 2018 IMPROVEMENTS 30% Design Submittal July 2018 IMPROVEMENTS 100% Design Submittal October 2018 Away d Construction Contract February 2019 End Construction Februa. 2021 Page 6 of b 1 Ica?djml4gl ee�frenls�Secaid Antef�drlrent XIOU Redlands RPRP doer