HomeMy WebLinkAboutContracts & Agreements_140-2010_CCv0001.pdf Governments
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,, AN0" San Bernardino Associated Governments
1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715
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Phone: (909) 884-8276 Fax: (909) 885-4407 Web:www.sanbag.ca.gov 1
a San Bernardino County Transportation Commission a San Bernardino County Transportation Authority
■ San Bernardino County Congestion Management Agency ■ Service Authority for Freeway Emergencies
February 4, 2011
City of Redlands
City Clerk, Sam Irwin
P.O. Box 3005
Redlands, CA 92373
Dear Mr. Irwin.-
Attached
rwin:Attached for your records is an original fully executed agreement (C10252) between
San Bernardino County Transportation Authority and the City of Redlands.
This agreement is No. C10252 and was approved at the SANBAG Board of Directors
meeting on February 2, 2011, agenda item 16.
If you have any questions, please do not hesitate to contact me.
Thank you,
Mary Mayes
Senior Administrative Assistant
SANBAG
(909) $$4-8276 x 174
Attachments
Cities of:Adelanto, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair,
Needles,Ontario, Rancho Cucamonga, Redlands, Rialto,San Bernardino, Twentynine Palms, Upland, Victorville,Yucaipa
Towns of:Apple Valley,Yucca Valley County of Son Bernardino
JURISDICTION MASTER AGREEMENT NO. C10252 BETWEEN SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF REDLANDS
THIS AGREEMENT is made and entered into this 21st day of September, 2010 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 12010-2044 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 is to be carried out in accordance with
the policies in the Measure 12010-2040 Strategic Plan; and
WHEREAS, SANBAG has determined that these PROJECTS (Attachment A) are
included in the SANBAG Development Mitigation Nexus Study Capital Project Needs Analysis;
and
WHEREAS, SANBAG will reimburse CITY for the public share of eligible PROJECT
expenditures with Measure 12010-2040 Major Street Program-Arterial Sub-program fiends up to
the arm"fund allocation amount(Attachment B);
NOW, THEREFORE, in consideration of the mutual promises contained herein, SANBAG and
CITY agree to the following:
AGREEMENT
SECTION I
SANBAG AGREES:
1. To reimburse CITY, as provided in Section 111,within 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 12010-2040 Strategic Plan,
including backup information. Invoices may be submitted to SANBAG as frequently
as monthly.
2. 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
ll-",,�g�,,djm\-Agreei.—ients\Jursi4iction Master Agreement.doc
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.
3. SANBAG shall assign a project liaison for purposes of coordinating project activities
and invoice review.
SECTION 11
CITY AGREES:
I Only eligible PROJECT-specific work activities, as set forth in Attachment A to this
Agreement, that conform to the SANBAG Nexus Study and are included in first two
years of the current Capital Project Needs Analysis (CPNA) will be eligible for
reimbursement with Measure I Major Street Program-Arterial Sub-program funds.
2. To prepare and submit to SANBAG an original and two copies of signed invoices for
reimbursement of those eligible PROJECT expenses according to Attachment A.
Invoices may be submitted to SANBAG as frequently as monthly, up the allocation
limit specified in Appendix A.
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, the SANBAG Board
reserves the right to withhold future payments due CITY from any source under
SANBAG's control.
4. To provide 23.1% share of total eligible PROJECT expenses, which represents the
development share, as documented in Attachment B.
5. To maintain all source document, 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. During this five (5) year period SANBAG
shall be entitled to inspect and audit all such supporting information. 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.
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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 Report and invoice no later than 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 in conformance with this Agreement and for those
PROJECT-specific work activities described.
8. To have a PROJECT-specific audit completed by SANBAG, at SANBAG's option,
upon completion of the PROJECT. The audit must state that all funds expended on
the PROJECT were used in conformance with this Agreement.
9. To include SANBAG in Project Development Team (PDT) meetings, if and when
such meetings are held and related communications on project progress and to provide
at least quarterly schedule updates to SANBAG. SANBAG shall assign a project
liaison for the purpose of attending PDT meetings.
10. As an eligible PROJECT expense, to post signs when PROJECT begins at the
boundaries of the PROJECT noting that PROJECT is funded with Measure I funds.
Signs shall bear the logos of San Bernardino Associated Governments and City of
Redlands.
SECTION III
IT IS MUTUALLY AGREED:
I. To abide by all applicable federal, state and local laws and regulations pertaining to
the PROJECT, including policies in the applicable program in the Measure 12010-
2040 Strategic Plan, as amended, as of the date of execution of this agreement.
2. SANBAG's financial responsibility shall be 76.9% of actual cost for eligible
PROJECT expenditures, up to the allocation limit specified in Attachment A. An
estimate of costs for each PROJECT PHASE is provided in Attachment A.
3. CITY may be reimbursed in a subsequent fiscal year for expenditures in excess of the
allocation limit for the current fiscal year, based on invoices for eligible PROJECT
expenditures. SANBAG retains the option to reimburse CITY no more than 50% of
the public share of excess expenditures for the current fiscal year within the first six
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
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 allocation limit in Attachment B kvithin the
current fiscal year, the unused portion may be applied to eligible PROJECT
1:',�a;djiTi,,Agree.,ne.itskJursidic,tier Master Agreanent.doc
expenditures in the subsequent fiscal year, in addition to the allocation limit for the
subsequent year. A cumulative allocation limit will be maintained in Attachment B.
The cumulative allocation limit will be reconciled against the CP IA submittals
beginning with the submittals for Fiscal Year 2012/2013 and adjusted, as appropriate,
in the apportionment and allocation process beginning that fiscal year.
S. Eligible PROJECT reimbursements shall include only those costs incurred by CITY
for PROJECT-specific work activities.
6. 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 under or 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, land and description brought for or on account of injury(as defined by
Government Code Section 810.8) 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 "passiv&' negligence but does not apply to AG's "sole
negligence" or"willful misconduct" within the meaning of Civil Code Section 2782.
CITY and SANBAG are authorized self-insured public entities for purposes of
Professional Liability, General Liability, Automobile Liability and Workers'
Compensation and warrant that through their respective programs of selfinsurance,
they have adequate coverage or resources to protect against liabilities arising out of
the performance of the terms, conditions or obligations of this agreement.
7. 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.
8. The terms of this Agreement represent the consent of the CITY to provide the fall
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. SANTBAG may terminate this agreement if the CITY 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.
9. 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 apportionment of
Measure I funds,per Strategic Plan Policy 40001/VS-1.
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San Bernardino County City of Redlands
Transportation Authority
By: By;
Presid NBAG Beard of Pat Gilbreath
Directors Mayer
Brad Mitzelfelt
Date: z Date: 10/14/10
Attest:
Sari Irwin
City Clerk
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
PROCEDURE: PROCEDURE:
By: f � By:
v Daniel J. Mcffqgh
.
SANG County Counsel City Attorney
Penny Alexander-Kelley
Date: � Date q
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c ';cl sts Air en€s lus i i et c is Master A reement doc
Attachment A
Project{s}Eligible for Expenditure/Reimbursement of
NII Valley Arterial Funds for the City of Redlands ($1,000s
Install a traffic signal at the intersection of 6th St and I-10(EB) Rumps
Total Project Cost$225,000
Eligible Public Share: $173,025
Nexus Study Fair Share: 23.1%
Phase Prior FY10111 FYI 1/12 Total
Project Dev/Environ Doc(PA&ED)
Ml Valley Arterial Funds $ - $ - $ - $ -
Development Fees $ - $ - $ - $ -
Plans, Specifications and Estimates(PS&E)
MI Valley Arterial Funds $ 7.69 $ - $ - $ 7.69
Development F $ 2.31 $ - $ - $ 2.31
Right of Way Acquisition(ROW)
Ml Valley Arterial Funds $ - $ - $ - $ -
Development Fees $ - $ - $ - $ -
Construction(CONST)
MI Valley Arterial Funds $ - $ 165.34 $ - $ 165,34
Development Fees $ - $ 49.66 $ - $ 49,66
Total Project
MI Valley Arterial $ 7.69 $ 165.34 $ - $ 173.03
Development Fees $ 2.31 $ 49.66 $ - $ 51.97
Install a traffic signal at the intersection of 6th St and 1-10(WB)Ramps
Total Project Cost$225,000
Eligible Public Share. $173,025
Nexus Study Fair Share.23.1%
Phase Prig FY10/11 FY11/12 Total
Project Dev/Environ Doc(PA&ED)
MI Valley Arterial Funds $ - $ - $ - $
Development Fees $ - $ - $ - $ -
Plans, Specifications and Estimates(PS&E)
Ml Valley Arterial Funds $ 7.69 $ - $ - $ 7.69
Development Fees $ 2.91 $ - $ - $ 2.31
Right of Way Acquisition(ROW)
MI Valley Arterial Funds $ - $ - $ - $ -
Development Fees $ - $ - $ - $
Construction(CONST)
MI Valley Arterial Funds $ - $ - $ 165.34 $ 165.34
Development Fees $ - $ - $ 49.66 $ 49.66
Total Project
MI Valley Arterial Funds $ 7.69 $ - $ 165.34 $ 173.03
D2.31n - $ 49.66 $ 51.97
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Attachment B
Allocation Limit and Program Accounting of
MI Valley Arteria!Funds for the City of Redlands
AJjcil. :rtli r> eltin.nfs`.
FY 10/11 MI Valley Arterial Allocation $ 311,200.00
FY 10/11 Projected Prior Adv Exp Reimbursement $ 7,690.00
FY 10/11 Projected New MI Expenditures $ 173,025.00
FY 10/11 Projected New MI Adv Expenditures $ -
Additional Programming Ca $ 130,465.00
Cumulative Allocation $ 311,200.00
Cumulative Reimbursements* $ -
Outstanding Advance Expenditures $ 7,690.00
" Includes both reimbursed project and advance expenditures.
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