Loading...
HomeMy WebLinkAboutContracts & Agreements_118-2011_CCv0001.pdf JURISDICTION MASTER AGREEMENT NO.C12022 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF REDLANDS THIS AGREEMENT is made and entered into as of the effective date, as defined herein, by and between the San Bernardino County Transportation Authority (hereinafter referred to as"SANBAG")and the City of Redlands(hereinafter referred to as"CITY"}. RECITALS WHEREAS, the Measure 12010-2040 Strategic Plan identified Valley Major Street Program-Arterial Sub-program projects eligible for partial funding from Measure 12010- 2040 revenues; and WHEREAS, this Jurisdiction Master Agreement (AGREEMENT) is to be carried out in accordance with the policies in the most current Measure 12010-2040 Strategic Plan, as adopted by the SANBAG Board of Directors;and WHEREAS, SANBAG will annually adopt a Measure I funding allocation and project list for the Valley Major Street Program — Arterial Subprogram, based on SANBAG's annual budget and CITY'S Capital Project Needs Analysis(CPNA); and WHEREAS, SANBAG will reimburse CITY for the public share of eligible project expenditures with Measure 12010-2040 Major Street Program- Arterial Sub-program funds in an amount that is determined by SANBAG as part of its annual approval of the Measure I allocation for that program; NOW,THEREFORE, SANBAG and CITY agree to the following: C12022 Pagel of SECTION I SANBAG AGREES: I To reimburse CITY, as provided for in Section 111, within thirty (30) days after CITY submits to SANBAG an original and two copies of the signed invoices in the proper form covering those actual allowable project expenditures that were incurred by CITY, consistent with the invoicing requirements of the Measure 1 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SANBAG as frequently as monthly. 2. To annually adopt a Measure I funding allocation and project list (hereinafter referred to as"FUNDING ALLOCATION AND PROJECT LIST")for the Valley Major Street Program — Arterial Subprogram, based on SANBAG's annual budget and CITY'S Capital Project Needs Analysis (CPNA) submittal to SANBAG for the applicable fiscal year. SANBAG will notify CITY of the Measure I allocation and the list of projects eligible for reimbursement within approximately thirty (30) days of such action, which will also constitute authorization for CITY to begin invoicing for the applicable fiscal year. 3. Except as provided below in Section II Article 8,when conducting an audit of the costs claimed under the provisions of this AGREEMENT,to rely to the maximum extent possible on any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit,work of other auditors will be relied upon to the extent that work is acceptable to SANBAG when planning and conducting additional audits. SECTION II Cay AGREES: 1 That only eligible project•specific work activities, as set forth in SANBAG's annually adopted FUNDING ALLOCATION AND PROJECT LIST,that also conform to the SANBAG Nexus Study and are included as projected expenditures in the first two years of the applicable Capital Project Needs Analysis (CPNA) or referenced as "prior" expenditures in the CPNA will be eligible for reimbursement with Measure I Major Street Program-Arterial Sub- program funds. Prior expenditures must be eligible under the Advance Expenditure policies in Section V.0 of the SANBAG Measure 12010-2040 Strategic Plan Policy 40002. 2. To prepare and submit to SANBAG an original and two copies of signed invoices for reimbursement of those eligible project expenses contained in SANBAG's adopted FUNDING ALLOCATION AND PROJECT LIST. Invoices may be submitted to SANBAG as frequently as monthly, up to the 012022 Page 2 of 6 cumulative allocation limit specified in the FUNDING ALLOCATION AND PROJECT LIST. 3. To repay to SANBAG any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within ninety (90) days of CITY receiving notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the finding. Should the finding not be otherwise resolved and CITY fail to reimburse moneys due SANBAG within ninety (90)days of audit finding, or within such other period as may be agreed between both parties hereto, SANBAG reserves the right to withhold future payments due CITY from any source under SANBAGs control. 4. To provide(select one of two options): A. (If no specification of reserved and unreserved accounts) the percentage share of total eligible project expenses as specified in the most current, approved version of the SANBAG Development Mitigation Nexus Study, which represents the development share. B. (If reserved and unreserved accounts are specified) 50% share of total eligible project expenses allocated to the reserved account, as documented in SANBAG's annually adopted FUNDING ALLOCATION AND PROJECT LIST. 5. To maintain copies of all consultant/cont-actor invoices, source documents, books and records connected with its perfonnance 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 SANBAG. Copies will be made and furnished by CITY upon request, 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of project work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation,and other allowable expenditures by CITY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible project costs expended for those activities described in the work activities, and to submit that Final Report and invoice no later than one hundred twenty (120) days following the completion of those expenditures. The Final Report of Expenditures, an original and two copies of which report shall be submitted to SANBAG, must state that these project funds were used C12022 Page 3 of 6 in conformance with this AGREEMENT and for those project-specific work activities described. 8. To allow for the preparation of a project-specific audit by CITY or by SANBAG, at SANBAG's option and expense, and to cooperate in the audit as described in Section I Article 3, upon completion of the project. The audit must find that all funds expended on the project were used in conformance with this AGREEMENT. 9. To notify SANBAG of Project Development Team (PDT) meetings, if and when such meetings are held, and provide related communications on project progress when requested by SANBAG. 10. As an eligible project expense, to post signs when project construction begins at the boundaries of the project noting that project is funded with Measure I funds. Signs shall bear the logo of San Bernardino Associated Governments. SECTION III IT IS MUTUALLY AGREED: To abide by all applicable federal, state and local laws and regulations pertaining to projects funded through this AGREEMENT, including policies in the applicable program in the Measure 1 2010-2040 Strategic Plan, as amended, as of the date of SANBAG's adoption of the FUNDING ALLOCATION AND PROJECT LIST for the applicable fiscal year. 2. SANBAG's financial responsibility shall be (select one of two options for each individual year of allocation): A. (if no specification of reserved and unreserved accounts)the percentage of actual cost for eligible project expenditures as specified in the most current, approved version of the SANBAG Development Mitigation Nexus Study, up to the cumulative allocation limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST. B. (if reserved and unreserved accounts are specified) 100%of actual cost for eligible project expenditures up to the limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST for the unreserved account, and 50% of actual cost for eligible project expenditures up to the limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST for the reserved account. 3. CITY may be. reimbursed in a subsequent fiscal year for expenditures in excess of the cumulative allocation limit for the current fiscal year, based on invoices for eligible project expenditures. SANBAG retains the option to C12022 Page 4 of 6 reimburse CITY no more than 56%of the public share of excess expenditures for the current fiscal year within the first six (6) months of the subsequent fiscal year,with the remaining 50%to be reimbursed in the second six months of the fiscal year. SANBAG shall inform the jurisdiction within thirty (30) days of receipt of an invoice for the excess expenditures, if it chooses to exercise that option. 4. If CITY does not expend funds up to the cumulative allocation limit as referenced in the adopted FUNDING ALLOCATION AND PROJECT LIST within the current fiscal year, the unused portion may be applied to eligible PROJECT expenditures in the subsequent fiscal year, in addition to the allocation received for the subsequent year. Eligible project reimbursements shall include only those costs incurred by CITY for project-specific work activities that are described in the adopted FUNDING ALLOCATION AND PROJECT LIST. 5. Neither SANBAG nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY 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 SANBAG, 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) or damage 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. CITY's indemnification obligation applies to SANBAG's "passive" negligence but does not apply to SANBAG's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. CITY is an authorized self- insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its programs 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. SANBAG warrants that it maintains insurance for these purposes. 6. This Agreement is expressly subordinated to any bonds, notes, certificates or other evidences of indebtedness involved in bond financings as are now outstanding or as may hereafter be issued by SANBAG. 7. The terms of this AGREEMENT represent the consent of the CITY to provide the full development share for the project required by the SANBAG Nexus Study and that failure to contribute the development share according to the terms of this AGREEMENT does not obligate SANBAG to provide supplemental funds or otherwise remedy that failure. SANBAG may terminate or modify this AGREEMENT if the CITY fails to perform C12022 Page 5 of 6 according to the terms of this AGREEMENT and if this failure jeopardizes the delivery of the project according to the terms herein. 8. SANBAG shall track the CITY equitable share of the Valley Arterial Sub- program, including adjustments for the time-value of money based on time of allocation of Measure I funds in the SANBAG budget. 9. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. 10. The effective date shall be the date upon which SANBAG executes this AGREEMENT. SAN BERNARDINO COUNTY CITY of REDLANDS TRANSPORTATION AUTHORITY ATTEST: A/1 BY: By: arry M allon Pete Aguilar Sam m -W' Sam City Clerk By: By: Mayor S AG Board of Directors Date: I A4! 9,C)! -;Z' Date: September 6, 2011 APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Dan 'McHbuj h SANBAO Counsel City Attorney Date: 1-2- i I I t " Date: September 6, 2011 CONCURRENCE: B 4een Murphy-Pefti, COntracts Manager C12022 Page 6 of 6 ATTACHMENT 1 FUNDING ALLOCATION FOR FY 2011-2012 Allocations for the Measure t Major Street/Arterial Program for FY 2011-2012 Dollars are In 1,000sj FY 10111 ,s .t Curnulativd JtMsdiction Equitable 5tian '(TOW of Sam Yew .11• Yeara); .�. China 7.6094 5482.66 Chino Hills 2.20% $139.72 $324.52 Colton 2.50% $158.78 'F'�: �,� $368.78 Fontana 19.50% $1,238.4$3 �,. =,*''ij $2,876.45 Grand Terrace 1.40% $88-91 x;'..`; $206.51 Highland 8.80% x431.87 $1,003.07 Loma Linda 4.10% x280.39 ..N.!Y $604.79 MontcWr 0.80% $38.11 OnUwb 12.30% $781.17 S� :;i SS' $1,814.37 Rancho Cwwnong 5.10% 5323.90 $752.30 Redlands 4.90% $311.20 .. $722.80 Rialto 3.90% $247.68 `1 _ S $575.29 San Bernardino 7.90% $501.73 $1.165.33 Upland 2.30% $146.07 5183:ZD` $339.27 Yucaipa $.00% $381.08 i ��,:i"��09 $885.06 County 12.9074 $819.28 ?; .t1,Gl1.1.80. $1,902.88 Total 100-00% $8351.90 t,-.$B!WOOL $14,751.00 *Column being approved by MPC In June 2011 and by Board in July 2011 1 of 5 ATTACHMENT 2 Measure I Valley Major Street/Arterial Project Ust for Application to Jurisdiction Master Agreements for FY 2011-2012 Note: Jurisdictions mW be reimbursed in FY 11-12 for Itures on projects in Prior,11-11,or 11-13 columns Widen Edison Avenue from Pi0he to Ramona Ave Chino from 4 lanes to 6 lanes $ 130 Widen Edison Avenue from Ramona Ave to Central Chino from 4 lanes to 6 lanes(spot widening) $ 47 Widen Edison Avenue from Central Ave to Euclid Chino Avenue from 4 lanes to 6 lanes S 324 Widen Pine Avenue from Euclid Avenue to SR 71 Chino from 2 to 4 lanes $ 640 Widen Schaefer Avenue from Benson Avenue to Chino Euclid Avenue(Stas Route 83)from 2 lanes to 4 2,236 Construct Traffic Signal at the intersection of EI Chino Prado Road and Kimball Avenue $ 162 Construct traffic signal at the intersection of Fern Chino Avenue and Riverside Drive $ 483 Construct Traffic Signal at the intersection of Kimball Chino and Main 211 Construct Traffic Signal at the Intersection of Kimball Chino land Mill Creek Road $ 153 Construct Traffic Signal at the Intersection of Pine Chino Avenue and Hellman Avenue $ 153 Chino Hills Hone Realign Reche Canyon Rd to Hunts Ln from Colton Washington St to C3ty limit and Widen Reche Ca on $ 234 S 276 $ 689 Widen La Cadena Dr from Rancho Ave to Iowa split Colton Including bridge over Santa Ana River from 4 to 6 $ 506 Widen East side of Riverside Ave from Riverside Colton County Une to Agua Mansa Rd Including bridge from $ 530 $ 624 Widen San Bernardino Ave from Pepper Ave to Colton Rancho Ave from 2 to 4 lanes $ 101 $ 119 Colton Extend Washington St to La Cadena Dr $ 1,132 $ 1,334 Widen Washington St from Waterman Ave to 1-215 Colton from 4 to 6 lanes and Intersection Improvements $ 282 $ 332 Widen C Street from City limits West of Rancho Ave Colton to Pennsylvania Ave from 1 to 4 lanes $ 65 $ 76 Widen Agua Mansa Rd from Rancho Ave to Riverside Colton Ave from 2 to 4 lanes $ 167 $ 195 $ 489 Extend Pepper Ave from 1-10 to Agua Mansa Rd and Colton Widen from 1-10 to Slover Ave from 2 to 4 lanes. $ 296 ! $ 348 Widen and Reconstruct Slover Ave from Pepper Ave Colton to Riverside Ave from 2 to 4 lanes $ 151 $ 178 Ph1:Widen Slover Avenue,north side,from Cedar lCounty Ave to Larch Ave from 1 to 2 lanes(Phase 1 of Widen $ 393 2 of 5 Ph2:widen Slaver Avenue from Aider Ave to Cedar Cou Ave(Phase 2 of Widen Slaver Ave ham Alder Ave to S 3,214 Ph 1:Widen North Side of San Bemardlno Ave from County Cherry Ave to Fontana city Smit from 1 to 2 lanes S 124 $ LUIS Ph 1:Widen Reche Cr yn Rd from.67M S.Barton Rd County N.2 SM(Prada tn)-{Phase i of Widen Red*Canyon $ 76 $ 408 Ph 1: Widen Colton Avenue from Wabash Ave to County Ki to from 2 too lanes of Widen Colton $ 611 Widen State St from Highland Ave to Cajon Bird Cour from 2 to 4 lanes S 167 Fontana Arrow:Alder to Maple Widen from 2 to 4 lanes $ 510 $ 290 Cherry:South Highland to its widen from 2 to 6 Fontana lanes S 210 Fontana Citrus:Juru a to Slover Witten 2 to 4 lanes $ 3,399 $ 565 Fontana 91M,Jurups to Slaver Widen 2 to 4 lanes $ 274 $ 425 $ 1,000 Fontana Duncan Canyon:MS to Citrus Widen 2 to 4 lanes $ 328 Widen Foothill Blind from Citrus Ave to Maple Ave Fontana from 4 to 6 lanes $ 530 Widen Sierra Ave from Foothill Blvd to Baseline Rd Fontana from 4 to 6 lanes $ 122 Widen Sierra Ave from Valley Blvd to San Bernardino Fontana Ave from 4 to 6 lanes $ 298 Widen Stover Ave from Etiwanda Ave to 800'east of Fontana Etiwanda Ave from 2 to 4 lanes $ 713 Widen Michigan Ave from Commerce Way to van Grand Terrace Buren St from two lanes to four lanes S 89 $ 90 5 90 Highland Widen Bridge at City Creek on Baseline $ 249 Hi land Widen Bridge at City Creek on Boulder $ 551 Highland Widen Sri a at City Creek on Greens of $ 1,517 Extend Evans St from Redlands Blvd to Barton Rd Loma Linda from 0 to 4 lanes $ 46 Widen Intersection of Redlands Blvd and California Loma Unda St 73 WOR Montclair Monte Vista ROW for UPRR Grade Separation $ 38 Widen Monte Vista Ave from San Bernardino St to Montclair lArrow Hwy from 4 to 6 lanes $ $ 3of5 Grove Avenue from 4th Street to Holt Blvd-Widen Ontario from 4 to 6 lanes $ 22 $ 7250 $ 45 Mission Blvd(Benson to Milliken),Widen from 4 to 6 Ontario lanes-Phase i Have to Archibald $ 125 $Rancho Cucamon Foothill Blvd at Malachite-Install new traffic si al $ Rancho Cucamon a Hermosa Ave at Church St-install new traffic signal $ 171 Widen Wilson Ave from East Aw to Warman BulkKk Rancho Cucamonga Rd from 0 to 2 lines S 2,052 Install traffic signal at Intersection of Church St and Rancho Cua Tem Vista S 178 Redlands Traffic Signal at 6th and 1-10 ES Ramp 173 Redlands Traffic Signal at 6th and 1-10 WS $ - $ 173 Redlands Traffic Sl all at Ford Street end 1-10 WB S 177 Widening-Alder Ave from Baseline to 5R-30 from 2 Matto to 6 lanes $ 3,204 Widening-Ayala Rd from Basellne Rd to Easton Ave Rialto from 2 to 4 lanes $ 1,656 Widening/Reconstruct-Footihill Blvd from West Rialto CLq Limits to East M llmits from 4 to 6 lanes $ 4S9 $ 684 Install a traffic signal at the intersection of Sycamore Rialto Ave and Merrill Ave $ 212 Install a tratfic signal at the Intersection of Valley Rialto Blvd and Cactus Ave S 212 (Install a traffic signal at the intersection of Riverside Rialto Ave and Locust Ave $ 127 San Bernardino Mount Vernon Viaduct Bride Replacement $ 480 $ 63 Widen 40THStreet between Acre Ln and Electric Ave San Bernardino from 2 to 4 lanes. $ 462 $ 340 Widen"H"Street between Kendall Dr and 40th St, San Bernardino from 2 lanes to 4 lanes. $ 318 Extension of State Street between Foothill Blvd and San Bernardino 16TH St,from O lanes to 4 lanes. 1,179 I Widen Arrow Route from County Line=to Upland Avenue,from 2 to 4 lanes- $ 200 $ 900 Yucalpa Blvd improvements,widen from 4 6 Yucaipalanes,15th Street to 1-10 $ 303 $ 300 $ 280 4of5 t i Avenue E Intrrsection Improvernent;Between Sth Yucal Street and"nt Street.widen from 2 to 4 Innes $ 353 S BO S 100 Widen YU0198 Blvd from 12th St to 35th St from 4 Yucai to 6 lanes s 545 5of5