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HomeMy WebLinkAboutContracts & Agreements_98-2020REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO AND RECORD OF ACTION June 9, 2020 FROM BRENDON BIGGS, Interim Director, Department of Public Works — Transportation SUBJECT Amendment to Development Mitigation Cooperative Agreement with the City of Redlands for the Alabama Street at Interstate 10 Interchange Improvement Project RECOMMENDATION(S) Approve Amendment No. 1 to Development Mitigation Cooperative Agreement No. 16-918 with the City of Redlands (City) authorizing the County of San Bernardino (County) to reimburse the City out of the County's Development Impact Fees an additional $964,107 (from $3,712,125 to $4,676,232) for County's cost share of the Alabama Street at Interstate 10 Interchange project in the Redlands area (Project). The Project's total estimated cost is increasing by $4,182,600 (from $10,968,000 to $15,150,600). (Presenter: Brendon Biggs, Interim Director, 387-7906) COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES Pursue County Goals and Objectives by Working with Other Agencies. FINANCIAL IMPACT Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The County's share of the Project cost is increasing by $964,107 (from $3,712,125 to $4,676,232), which will be funded by the County's Development Impact Fees (DIF) collected for the Redlands Donut Hole Sphere subarea. The amended estimated total Project cost will be shared as summarized below: AGENCY AMOUNT FUNDING San Bernardino County $6'717'447 Measure I Valley Freeway Transportation Agency SBCTA Interchange Funds City $2,506,921 DIF County $4,676,232 DIF California Department of $1,250,000 Minor B Program -Transportation Caltrans TOTAL $15,150,600 Sufficient appropriation and revenue are included in the Department of Public Works (Department) 2019-20 Road Operations budget (6650002103 M00012) and will be included in future recommended budgets. Item 40 Page 1 of 3 Amendment to Development Mitigation Cooperative Agreement with the City of Redlands for the Alabama Street at Interstate 10 Interchange Improvement Project June 9, 2020 BACK GROUND INFORMATION The Project design has progressed towards 65% completion resulting in a more refined Project scope, which includes, but not limited to 1) construction of taller retaining walls; 2) improvement of the existing pavement on Alabama Street with concrete pavement pursuant to the California Department of Transportation (Caltrans) requirement; 3) Project cost escalation based on construction bid amounts over the last few years; and 4) anticipated construction management cost increase as a result of expected higher construction capital costs. Based on the revised Project scope, SBCTA as the lead agency, estimates the Project cost increase to be $4,182,600, from $10,968,000 to $15,150,600. This cost increase is to be shared by the County - $964,107, City - $516,856, SBCTA - $1,451,637, and Caltrans - $1,250,000. Because of the significant cost increase, SBCTA reached out to Caltrans requesting a financial contribution for the Project. Caltrans agreed to contribute $1,250,000 in Minor B Program funds for the construction of the eastbound off -ramp widening portion of the Project. Pursuant to the Measure I policies, Caltrans' contribution is subtracted from the total Project cost, thus reducing each party's required contribution. The Project cost includes cost for design, right-of-way, project management, construction engineering, inspection, construction, and plant establishment and maintenance after Project construction. On December 6, 2016 (Item No. 54), the County Board of Supervisors (Board) entered into County Contract No. 16-918 with the City wherein the County would contribute Developer Impact Fees collected for the Redlands Donut Hole Sphere subarea for its share of the Project costs, as a requirement of the SBCTA Nexus Study. The County's contribution at that time was estimated to be $3,712,125. The Project widens the eastbound and westbound off -ramps, and widens Alabama Street, between Industrial Park Avenue and Orange Tree Lane, to add turn lanes for the improvement of operation and reduction of traffic congestion. Approval of this item allows the County to contribute an additional DIF share of $964,107 towards the Project cost, and to work with SBCTA and the City in a joint effort to improve the traffic movement at the subject interchange. Construction is anticipated to commence in the spring of 2021. The Development Mitigation Cooperative Agreement will terminate upon final payment by the County or on December 31, 2027, whichever occurs first. Except as amended by this Amendment No. 1, all other terms and conditions of the Development Mitigation Cooperative Agreement No. 16--918 shall remain the same. The City approved this Amendment No. 1 on May 19, 2020. PROCUREMENT Not applicable. REVIEW BY OTHERS This item has been reviewed by County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on May 7, 2020; Finance (Jessica Triilo, Administrative Analyst, 387-4222) on May 18, 2020; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on May 25, 2020. Item 40 Page 2 of 3 Amendment to Development Mitigation Cooperative Agreement with the City of Redlands for the Alabama Street at Interstate 10 Interchange Improvement Project June 9, 2020 Record of Action of the Board of Supervisors County of San Bernardino APPROVED (CONSENT CALENDAR) Moved: Josie Gonzales Seconded: Robert A. Lovingood Ayes: Robert A. Lovingood, Janice Rutherford, Dawn Rowe, Curt Hagman, Josie Gonzales Lynna Monell, CLERK OF THE BOARD BY DATED: 219ne 9, 202 �l�k SUPER, r a[uti�a:,n r j J Ik01NO cc: PWITrans- Sundaramoorthy Contractor- CIO PWITrans wlagree File- wlagree la 06/15/2020 Item 40 Page 3 of 3 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY SAN BERNARDINO COUNTY Contract Number 16-918 A-1 SAP Number Public Works Department Contract Representative Sundaramoorthy (Sri) Srirajan, P.E., Engineering Manager Telephone Number (909) 387-8166 Project Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center Alabama Street at Interstate 10 City of Redlands Ross Wittman, Senior Project Manager (909) 798-7524 _ December 31, 2027 $3,712,125 $ 964,107 $4,676,232 6650002103 52002445 M00012 Briefly describe the general nature of the contract: Amendment No. 1 to Development Mitigation Cooperative Agreement No. 16- 918 between the County and the City of Redlands (City) increases the Alabama Street at Interstate 10 Interchange project (Project) cost by $4,182, 600 (from $10, 968, 000 to $15,150, 600). Project costs include design, right-of-way, project management, construction engineering, inspection, construction, and plant establishment and maintenance after Project construction for a 5-year period. Approval of the Amendment No. 1 increases County's share of the Project cost by $964,107 (from $3, 712,125 to $4, 676, 232). This increase will be funded by the Developer's Impact Fees — Redlands Donut Hole Sphere interchange subaccount, payable to the City upon receipt of invoices and supporting documentation. Y Approved as to Legal Form . QrZ � 1 _ i 1110� Suzanne Bryant, Deputy County Counsel An Date Date/2Zo2u J099ph Schweit of by Department . Ofv vJv Brendon Biggs, Interim Director Date (�-2`?w�� Non -Standard Contract Coversheet Revised 3/14/19 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY e... SAN BERNARDINO COUNTY 1 Contract Number 16-918 A-1 SAP Number Public Works Department Contract Representative Sundaramoorthy (Sri) Srirajan, P.E., Engineering Manager Telephone Number (909) 387-8166 Project Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center Alabama Street at Interstate 10 City of Redlands Ross Wittman, Senior Project Manager (909) 798-7524 December 31, 2027 $3,712,125 $ 964,107 $4,676,232 6650002103 52002445 M00012 Briefly describe the general nature of the contract: Amendment No. 1 to Development Mitigation Cooperative Agreement No. 16- 918 between the County and the City of Redlands (City) increases the Alabama Street at interstate 10 Interchange project (Project) cost by $4,182, 600 (from $10,968,000 to $15,150,600). Project costs include design, right-of-way, project management, construction engineering, inspection, construction, and plant establishment and maintenance after Project construction for a 5-year period. Approval of the Amendment No. 1 increases County's share of the Project cost by $964,107 (from $3, 712,125 to $4, 676, 232). This increase will be funded by the Developer's Impact Fees - Redlands Donut Hole Sphere interchange subaccount, payable to the City upon receipt of invoices and supporting documentation. FOR COUNTY USE ONLY Approved as to Legal For S zann Aydt. Deputy dountAC unsel inDate Reviewed for Contract Compliance i ReviewedlApproved by Department Andy Silao, P.E. Brendon Biggs, Interim Director Date Date Non -Standard Contract CDversheet Revised 3114119 AMENDMENT NO. 1 TO DEVELOPMENT MITIGATION COOPERATIVE AGREEMENT BETWEEN CITY OF REDLANDS AND COUNTY OF SAN BERNARDINO FOR INTERSTATE 10 AT ALABAMA STREET INTERCHANGE PROJECT THIS AMENDMENT No. 1 (AMENDMENT) to the Development Mitigation Cooperative Agreement (AGREEMENT) is made and entered into 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). SPONSORING AGENCY and SUPPORTING AGENCY may be referred to herein as a "PARTY" and collectively "PARTIES". RECITALS A. SPONSORING AGENCY and SUPPORTING AGENCY entered into the AGREEMENT on December 6, 2016 to delineate their respective roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities, and Extended Landscape Maintenance of the Interstate 10 at Alabama Street Interchange Project in the City of Redlands (PROJECT); and B. The AGREEMENT presently provides that the cost of the PROJECT is estimated at $10,968,000 which includes $330,000 for San Bernardino County Transportation Authority (SBCTA) to provide project management services for the Planning, Environmental, PS&E, ROW and Construction phases of the PROJECT; and C. The PROJECT design is at 65 percent completion with a more refined PROJECT scope from the inception of the PROJECT, which results in a projected PROJECT cost increase of $4,182,600 ; and D. The PROJECT is now estimated to cost a total of $15,150,600 which includes the $330,000 for SBCTA to provide project management services; and L:1ca\djm\Agreements1d-10 Alabama Interchange -Development Mitigation Cooperative Agreement Amendment # 1.doc jn E. The California Department of Transportation (Caltrans) committed to make a financial contribution (FCO) in the amount of $1,250,000 towards the construction of the PROJECT; and F. The remaining PROJECT cost, aside from SBCTA project management costs and the abovementioned Caltrans FCO, now is estimated at $13,570,600, which shall be funded with 50.5% Development Shares funds and 49.5% Public Share funds, as defined by SBCTA's Nexus Study and the Measure I 2010-2040 Strategic Plan; and G. The PARTIES desire to amend the AGREEMENT, and its Exhibit A, to redefine their respective funding responsibilities based on the revised PROJECT costs and to provide a new, updated, estimated schedule for completion of the PROJECT. IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT AS FOLLOWS: 1. Section 1.1 of the AGREEMENT is amended in its entirety to read as follows: Provide 349% (currently estimated at $2,506,921) of the 50.5% development mitigation fair share funding for the PROJECT, which will come from development impact fees or other source of development contribution as required by the Development Mitigation Nexus Study (Appendix G of the SBCTA Congestion Management Program — CMP) and Appendix J of the CMP or from a loan of funds to the City's development impact fee. SPONSORING AGENCY'S share shall not exceed the current estimate of $2,506,921, absent an amendment to this Agreement pursuant to Section III., paragraph 8, below. 2. Section II. 1 of the AGREEMENT, is amended in its entirety to read as follows: Provide 65.1% (currently estimated at $4,676,232) of the 50.5% of development mitigation fair 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 $4,676,232 absent an amendment to this Agreement pursuant to Section III, paragraph 8 below. 3. Attachment A to the AGREEMENT is amended and replaced in its entirety with Attachment A-1 to this AMENDMENT, which is attached to and made a part of this AMENDMENT. 4. PARTIES understand that the PROJECT cost provided in this AMENDMENT is an estimate and there is a potential for cost increases or decreases. If a cost increase becomes apparent, PARTIES agree to work in good faith to amend the AGREEMENT. 5. All other terms and conditions of the AGREEMENT shall remain in full force and effect. b. This AMENDMENT is deemed to be included and made part of the AGREEMENT. 7. This Amendment No. 1 will be effective on the date signed by both parties and shall conclude upon satisfaction of the terms identified in Section III, Paragraph 9, or on December 31, 2027. SIGNATURES ON FOLLOWING PAG SIGNATURE PAGE TO AMENDMENT NO. I TO DEVELOPMENT MITIGATION COOPERATIVE AGREEMENT BETWEEN CITY OF REDLANDS and COUNTY OF SAN BERNARDINO CITY OF REDLANDS TRANSPORTATION AUTHORITY By I X-V� Paul W. Foster Mayor, City of Redlands Date: '5-/1q 1-2o APPROVED AS TO FORM: By: Dance . cHugh City Attorney ATTEST: By: nne Donaldson City Clerk COUNTY OF SAN BERNARDINO By: 44�-- Curt Hagman, Ch ' an Board of Supervisors Date: JUN 0 4 2020 APPROVED AS TO FORM: By: S Suzanne Bryant Deputy County Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Q-A.E140Nard of supervisors 'lT.8i San Bernardino SOW Z"'PI)IN ;`�O CO\'. SIGNATURE PAGE TO AMENDMENT NO. I TO DEVELOPMENT MITIGATION COOPERATIVE AGREEMENT BETWEEN CITY OF REDLANDS and COUNTY OF SAN BERNARDINO CITY OF REDLANDS TRANSPORTATION AUTHORITY Paul W, Foster Mayor, City of Redlands Date: V,9/� APPROVED AS TO FORM COUNTY OF SAN BERNARDINO By: Curt Hagman, Chairman Board of Supervisors Dale: rAPPROA'I D AS TO FORM: Dan*re `. 4cHug11 ran Zc 3ryant City AttorneyDrpuly County Counsel ATTEST`: By:,'—"&"Ok OK e, "t�a/ nne Donaldson City Clerk SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Lynna Monell Clerk of the Board of Supervisors of the County of San Bernardino By Deputy Attachment A-1 PROTECT SCOPE The City of Redlands (SPONSORING AGENCY) proposes to improve the Interstate 10 at Alabama Street interchange located in the incorporated area of Redlands. The PROJECT will reconfigure the ramps at Alabama Street, which includes street improvements, intersection and turning lanes work and striping. PROJECT COST ESTIMATE AND FUNDING TABLES Public Share: 49.5% Nexus Development Impact Fee Share (DIF or "Local Share"): 50.5% Local Jurisdictional Split of the DIF Share: Redlands 34.9%, County 65.1 % Caltrans Financial Contribution (FCO): Lump Sum $1,250,000 — Reduces the Public Share and Local shares of construction capital costs. OVERALL PROJECT FUNDING TABLE SBCTA LOCAL Public Share Share Caltrans Project Cost* 49.5% 50.5% FCO* Planning, Environmental, Design, $1,920,600 $950,697 $969,903 $0 and Right-of-way Construction $1,500,000 $742,500 $757,500 $0 Management Construction Capital $10,900,000 $4,776,750 $4,873,250 $1,250,000 Landscape $500,000 $247,500 $252,500 $0 Maintenance Project Management $330,000 $0 $330,000 $0 TOTAL $15,150,600 $6,717,447 1 $7,183,153 $1,250,000 CITY -COUNTY FUNDING TABLE LOCAL Share (50.5%) SBCTA County Redlands Caltrans PROJECT Share Share Share FCO PHASE COST % Share 49.5% 65.1 % 34.9% Planning, Environmental, $1,920,600 $950,697 $631,407 $338,496 $0 Design & Right -of - Way Construction $1,500,000 $742,500 $493,132 $264,368 $0 Management Construction Capital $10,900,000 $4,776,750 $3,172,486 $1,700,764 $1,250,000 Landscape $500,000 $247,500 $164,377 $88,123 $0 Maintenance Project Management $330,000 $0 $214,830 $115,170 Total $15,150,600 $6,717,447 $4,676,232 $2,506,921 $1,250,000 ' ; • lMi YW7:1noBINa0 Milestones Estimated Completion Date (Actual) Environmental Approval February 5, 2019 Design Approval February 2021 Construction Start June 2021 Complete for Beneficial Use June 2022