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Home My WebLink AboutContracts & Agreements_31-2016 CONTRACT MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO TRANSPORTATION AUTHORITY AND THE CITY OF REDLANDS FOR THE DEVELOPMENT OF THE INTERSTATE 10/ALABAMA STREET INTERCHANGE PROJECT I. PARTIES AND TERM A. This Memorandum of Understanding ("MOU") is entered by and between the SAN BERNARDINO TRANSPORTATION AUTHORITY ("SANBAG") and the CITY OF REDLANDS ("PROJECT SPONSOR") (together, the "PARTIES") on the Effective Date defined later herein. B. The Term of this MOU will commence on the Effective Date and, unless earlier terminated as provided in Section V, Paragraph D of this MOU, terminate upon the date a notice of completion is recorded for the Interstate 10 at Alabama Street Interchange Project ("PROJECT") or September 30, 2021, whichever is earlier. II. RECITALS A. WHEREAS, the PROJECT is included in the approved SANBAG 10-Year Delivery Plan and SANBAG Development Mitigation Nexus Study and is eligible to receive funds from the Measure 12010-2040 Valley Freeway Interchange Program, B. WHEREAS, the PARTIES desire to proceed with development of the PROJECT. C. WHEREAS, the PARTIES are entering into this MOU for the purpose of documenting the terms and conditions of cooperation between the PARTIES required to complete the PROJECT with respect to cost, funding, schedule, and scope, as detailed in Exhibit A, attached hereto and incorporated herein by this reference. D. WHEREAS, a conceptual layout of the PROJECT is shown in Exhibit B, attached hereto and incorporated herein by this reference. E. WHEREAS, the PARTIES acknowledge the intent to move forward with the PROJECT, the Public and Local Agency funding shares required to complete the PROJECT, and the reasonable expectation of their availability. F. WHEREAS, the Public Share is defined as the percentage share of PROJECT cost calculated as the total cost of the PROJECT minus the development share (or Local Agency share), and the Local Agency share is defined as the percentage share of the PROJECT cost assigned as the development contribution percentage as listed in the SANBAG Development Mitigation Nexus Study. G. WHEREAS, the PARTIES understand that the purpose of this MOU is to outline the steps and funds necessary to complete the PROJECT, but this MOU does not commit the PARTIES to perform work or provide funding for the PROJECT, and imposes no enforceable obligations upon the PARTIES and does not grant any rights. H. WHEREAS, the PARTIES desire to memorialize in this MOU the framework and funding necessary for completion of the PROJECT to assist the Parties in their decision-making and budgeting for the PROJECT. I. WHEREAS, the PARTIES understand that a cooperative agreement will be developed for each phase of the PROJECT that will identify the specific roles and responsibilities of SANBAG and PROJECT SPONSOR including specific funding commitments. IIL SANBAG'S RESPONSIBILITIES A. SANBAG will be responsible for the Public Share of PROJECT costs in accordance with Measure 12010-2040 Valley Freeway Interchange Program Strategic Plan Policy 40005 (Policy 40005) and subsequent cooperative agreements. B. SANBAG will consider the development of a Loan Agreement(s) for the Local Share of PROJECT costs, if requested by the PROJECT SPONSOR, in accordance with Policy 40005. C. SANBAG will assign a qualified member of its staff to coordinate with the PROJECT SPONSOR, as determined reasonably necessary by SANBAG to facilitate delivery of the PROJECT. D. PROJECT SPONSOR and SANBAG shall consult on a funding strategy for PROJECT completion at least six months prior to completion of the design phase. IV. PROJECT SPONSOR'S RESPONSIBILITIES A. PROJECT SPONSOR will be responsible for the Local Share of the PROJECT costs in accordance with Policy 40005 and subsequent agreements, including loan agreements. B. PROJECT SPONSOR will assign a qualified member of its staff to coordinate with SANBAG, as determined reasonably necessary by PROJECT SPONSOR to facilitate delivery of the PROJECT. C. PROJECT SPONSOR acknowledges that in accordance with Policy 40005--VFI-2, PROJECT SPONSOR is responsible for nominating the PROJECT. If freeway interchange project nominations by SANBAG sponsoring member agencies exceed the available funding, SANBAG shall allocate funds to sponsors of the nominated projects in order of project priority as assigned in the Strategic Plan. Failure to provide its Local Share of funding in a timely manner could jeopardize the schedule and/or delivery of the PROJECT and could put other projects lower on SANBAG's Measure I interchange priority list in a position to utilize the A-1 available public share which have the local share available. Lower ranked projects could take precedence in Measure I funding for a period of time until additional funding is available for the PROJECT SPONSOR to meet its Local Share requirement for its PROJECT, pursuant to Strategic Plan Policy VFI-21. SANBAG will provide a written notice to PROJECT SPONSOR if PROJECT is in jeopardy of losing its funding priority to another project, and PROJECT SPONSOR will be provided 60 days to respond with a funding plan. D. PROJECT SPONSOR and SANBAG shall consult on a funding strategy for PROJECT completion at least six months prior to completion of the design phase. V. MISCELLANEOUS A. The PARTIES will act in good faith to see the construction of the PROJECT is completed. B. The PARTIES acknowledge that should federal funds be used in the environmental or design phases of work, Federal Highway Administration (FHWA) requires that the PROJECT must move to a capital phase (right of way or construction) within ten years or the federal funds may be required to be repaid to FHWA. Responsibilities related to the federal funding will be outlined in the funding cooperative agreement(s). C. Recitals. The Recitals stated above are integral parts of this MOU and are hereby incorporated into the terms of this MOU. D. Termination. Both SANBAG and PROJECT SPONSOR shall have the right at any time, to terminate this MOU, by giving thirty (30) calendar days prior written notice to the other Party, specifying the date of termination. Termination of the MOU will not terminate the PARTIES' continuing obligations under any cooperative agreements generally referenced in Section 11, Paragraph 1. Termination of this MOU by request of PROJECT SPONSOR will be understood by SANBAG that PROJECT SPONSOR wishes to discontinue work on the PROJECT, unless otherwise stated in an active cooperative agreement or in a subsequent MOU or agreement. E. Notification. Each Party will designate a person to be responsible for day-to-day communications regarding work under the PROJECT. For PROJECT SPONSOR, that person will be Chris Diggs, Municipal Utilities and Engineering Department Director for the CITY OF REDLANDS. For SANBAG, that person shall be Paula Beauchamp. All notices and communications regarding this MOU, interpretation of the terms of this MOU, or changes thereto will be provided as follows: CITY OF REDLANDS SANBAG 35 Cajon Street, Ste. 15A San Bernardino Associated Redlands, CA 92373 Governments ATTN: Chris Diggs, Municipal 1170 W. 3rd Street Utilities and Engineering Director San Bernardino, CA 92110-1715 CC: Ross Wittman ATTN: Executive Director CC: Andrea Zureick F. Amendment. In the event that the PARTIES determine that the provisions of this MOU should be altered, the PARTIES may execute an amendment to add, delete, or amend any provision of this MOU. All such amendments must be in the form of a written instrument signed by the original signatories of this MOU, or their successors or designees. A-2 In witness whereof the PARTIES have executed this MOO on the dates written below and this MOO is effective upon execution of this MOO by SANBAG ("Effective Date"), SA BAG CITY OF RETS LA Ryan McEachron Paul W. Foster, Mayor Board President ATTEST: Sam Irwin, ity Clerk Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Eileen Monaghan Teichert Daniel J. McIA0 General Counsel City Attorney CONCURRENCE: By: Jeffery Hill Contract Administrator A-3 Exhibit A Project Scope: The PROJECT will improve the Alabama Street at I-10, including intersection work, turning lanes, and striping. It is anticipated that SANBAG will be lead on all phases of work. Project Cost Estimate* and Funding Shares: Public Share: 49.50% Nexus Development Impact Fee Share (DIF, "Development Share" or"Local Share"): 50.50% Local Jurisdictional Split of the DIF Share: Redlands 34.90%, County of San Bernardino 65.10%a Estimated Cost Public Share Development Share Phase (Escalated at (49.5%) (50.5%) 3.5%/year to 612019) Project Study Report $ 347,000 $ 171,765 $ 175,235 Project Approval &Environmental Document $ 922,000 $ 456,390 $ 465,610 Design $ 462,000 $ 228,690 $ 233,310 Right-of-Way (including Utilities) $ 36,000 $ 17,820 $ 18,180 Construction(including Construction Management) $ 8,122,000 $ 4,020,390 $ 4,101,610 Landscape(Extended Maintenance) $ 749,000 $ 370,755 $ 378,245 SANBAG Oversight $ 330,000 $ 163,350 $ 166,650 Total $ 10,968,000 $ 5,429,160 $ 5,538,840 * Project estimate is based on conceptual level layouts as PSR has not been completed. Construction Phase cost includes approximately $90,000 for landscaping. Project Milestones: Milestone Actual (Forecast) Start of Project January 2016 PSR Approval December 2016 Environmental Approval December 2017 Design Approved/ROW Certified December 2018 Construction Notice to Proceed" June 2019 Completed for Beneficial Use June 2020 A-4 x M f w r � Z 1 - 1Lq L4 its # J � r f a r u, ( ry ! f � d ry .....:y io 41 P r ^�f r i r til a ' i I � I � f ��✓ a wh, !�jr/f�f/i'I `/� J �f�� r �vGl �e 4 � r'� 1�%%� r ' i r iG 6, ; 1, I _ o l t o F' e � w �i�•` 'U � � f r�tiJ �i t. � dw �1 i lllf %� 1 r,