HomeMy WebLinkAbout13-Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj Subject: Resolution amending Resolution
Director of Public Works No. 2010-365 approving Jurisdiction
Master Agreement No. C10254 with San
Dept: Public Works - Engineering Bernardino County Transportation
Authority and the City of San Bernardino
Date: February 1, 2011 for partial funding of eligible projects from
Measure 12010-2040 revenues identified in
Measure 1 2010-2040 Strategic Plan's
Valley Major Street Program-Arterial Sub-
Program.
Meeting Date: February 22, 2011
Synopsis of Previous Council Action:
11/01/10 Resolution No. 2010-365 adopted approving Jurisdiction Master Agreement No.
C10254 with San Bernardino County Transportation Authority and the City of
San Bernardino for partial funding of eligible projects from Measure I 2010-
2040 revenues identified in Measure 12010-2040 Strategic Plan's Valley Major
Street Program-Arterial Sub-Program.
Recommended Motion:
Adopt Resolution.
A/1
Signatu
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Supporting data attached: Staff Report&Resolution Ward(s): All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes: oso _ �zQ
Agenda Item No. f
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution amending Resolution No. 2010-365 approving Jurisdiction Master Agreement No.
C10254 with San Bernardino County Transportation Authority and the City of San Bernardino
for partial funding of eligible projects from Measure 12010-2040 revenues identified in Measure
12010-2040 Strategic Plan's Valley Major Street Program-Arterial Sub-Program.
Background:
On November 1, 2010, the Mayor and Common Council adopted Resolution No. 2010-365
authorizing the execution of Jurisdiction Master Agreement No. C10254 with San Bernardino
County Transportation Authority and the City of San Bernardino for partial funding of eligible
projects from Measure 12010-2040 revenues identified in Measure 12010-2040 Strategic Plan's
Valley Major Street Program-Arterial Sub-Program. A copy of said Resolution and Agreement is
attached hereto.
Jurisdiction Master Agreement No. C10254 was executed by the City Manager and sent to the
San Bernardino County Transportation Authority, also known as San Bernardino Associated
Governments (SANBAG), on November 16, 2010. Section 2 of the Resolution requires that the
Agreement be executed by the other parties within 90 days of the date of approval of the
resolution or the approval will be null and void. Therefore the deadline for execution of the
Agreement by the San Bernardino County Transportation Authority was January 31, 2011.
The SANBAG Project Manager has advised us that, due to agenda scheduling, execution of the
Agreement cannot be obtained before February 2, 2011. Therefore, the Project Manager is
requesting a one-month extension of the time allowed to execute the Agreement.
Approval of this Jurisdiction Master Agreement is in the best interest of the City. Therefore,
staff is recommending that the resolution be amended to allow a total of 120 days for execution
of the Agreement from the original approval date of November 1, 2010. The new execution
deadline will be March 2, 2011.
Financial Impact:
There will be no financial impact to the City from the approval of this resolution.
Recommendation:
Adopt Resolution.
Attachment:
1 - Resolution No. 2010-365 and Jurisdiction Master Agreement No. C 10254.
2—Resolution amending Resolution No. 2010-365.
2
(COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
3 RESOLUTION NO. 2010-365 AUTHORIZING EXECUTION OF JURISDICTION
MASTER AGREEMENT NO. C10254 WITH SAN BERNARDINO COUNTY
4 TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO FOR
PARTIAL FUNDING OF ELIGIBLE PROJECTS FROM MEASURE I 2010-2040
5 REVENUES IDENTIFIED IN MEASURE 12010-2040 STRATEGIC PLAN'S VALLEY
6 MAJOR STREET PROGRAM-ARTERIAL SUB-PROGRAM.
7 WHEREAS, on November 1, 2010, the Mayor and Common Council adopted
8 Resolution No. 2010-365 authorizing the execution of Jurisdiction Master Agreement No.
9 C10254 with San Bernardino County Transportation Authority and the City of San Bernardino
10 for partial funding of eligible projects from Measure 12010-2040 revenues identified in Measure
11
12010-2040 Strategic Plan's Valley Major Street Program-Arterial Sub-Program.
12
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
13 OF SAN BERNARDINO AS FOLLOWS:
14
SECTION 1: Section 2 of Resolution No. 2010-365 is hereby amended to read as
15
16 follows: "The authorization to execute the above-referenced agreement is rescinded if the parties
17 to the agreement fail to execute it within 120 days of the date of passage of Resolution No. 2010-
18 365".
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- 1 -
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
2 RESOLUTION NO. 2010-365 AUTHORIZING EXECUTION OF JURISDICTION
MASTER AGREEMENT NO. C10254 WITH SAN BERNARDINO COUNTY
3 TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO FOR
PARTIAL FUNDING OF ELIGIBLE PROJECTS FROM MEASURE I 2010-2040
4 REVENUES IDENTIFIED IN MEASURE 12010-2040 STRATEGIC PLAN'S VALLEY
5 MAJOR STREET PROGRAM-ARTERIAL SUB-PROGRAM.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof, held on the
8 day of , 2011, by the following vote,to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11
12 VACANT
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
20 City Clerk
21 The foregoing resolution is hereby approved this day of , 2011.
22
23 Patrick J. Morris,Mayor
24 City of San Bernardino
Approved as to form:
25
AMES F. PENMAN,
26 City Attorney
27
28 y: `
- 2 -
RESOLUTION NO. 2010-365
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
2 JURISDICTION MASTER AGREEMENT NO. C10254 WITH THE SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO
3 FOR PARTIAL FUNDING OF ELIGIBLE PROJECTS FROM MEASURE 12010-2040
REVENUES IDENTIFIED IN MEASURE 12010-2040 STRATEGIC PLAN'S VALLEY
4 MAJOR STREET PROGRAM-ARTERIAL SUB-PROGRAM.
WHEREAS, the San Bernardino County Transportation Authority (SANBAG) has
6
requested that the City of San Bernardino (CITY) execute the Jurisdiction Master Agreement,
7
8 attached hereto as Exhibit"A"and made a part hereof, defining the obligations of SANBAG and
9 CITY with respect to the reimbursement of eligible project costs in accordance with the Measure
10 12010-2040 Strategic Plan.
11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
12 OF SAN BERNARDINO AS FOLLOWS:
13 SECTION 1. The City Manager is hereby authorized and directed to execute said
14 Agreement on behalf of the City.
15 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
16
if it is not executed within ninety(90) days of the passage of this resolution.
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- 1 -
2010-365
RESOLUTION ... APPROVING JURISDICTION MASTER AGREEMENT NO.
1 C10254 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO FOR PARTIAL FUNDING OF ELIGIBLE
2 PROJECTS FROM MEASURE 1 2010-2040 REVENUES IDENTIFIED IN MEASURE I
3 2010-2040 STRATEGIC PLAN'S VALLEY MAJOR STREET PROGRAM-ARTERIAL
SUB-PROGRAM..
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
b
Common Council of the City of San Bernardino at a Joint regular meeting thereof, held.
6
7 on the 1,9 t day of November ,2010,by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10 DESJARDINS x
11 BRINKER x
12
SHORETT
13
14 KELLEY x
1b JOHNSON x
x
16 MC CAMMACK
17
18 IfaF .l Clark, City Clerk
19 ��
The foregoing resolution is hereby approved this n�� ,day!of November ,2010.
20
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22 atri`k.r4.Morris, ayor
Ci y of San Bernardino
23 Approved as to form:
2
26 JAMES A PENMAN,
26 City Attorney
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-2 -
2010-365
JURISDICTION MASTER AGREEMENT NO. C102M
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
6
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and entered into this 1st day of November by
and between the San Bernardino County Transportation Authority (hereinafter referred to
as "SANBAG") and the City of San Bernardino (hereinafter referred to as "CITY").
WITNESSETH
WHEREAS, the Measure 1 2010-2040 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 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 1 2010-2040 Major Street Program- Arterial Sub-program
fiends up to the annual fund allocation amount (Attachment B) ;
NOW, THEREFORE, SANBAG and CITY agree to the following:
SECTION I
SANBAG AGREES:
1 To reimburse CITY, as provided in Section III, 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 I
2010-365
2010-2040 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 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 II
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 Attachment B.
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 32.4% share of total eligible PROJECT expenses, which represents
the development share.
5. To maintain all source documents, 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 or until audit
2010-365
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 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 San Bernardino.
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 I 2010-2040 Strategic Plan, as amended, as of the date of
execution of this agreement.
2010-365
2. SANBAG's financial responsibility shall be 67.56% of actual cost for eligible
PROJECT expenditures, up to the allocation limit specified in Attachment B.
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
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 limit for the subsequent year. A cumulative allocation limit will be
maintained in Attachment B. The cumulative allocation limit will be
reconciled against the CPNA submittals beginning with the submittals for
Fiscal Year 2012/2013 and adjusted, as appropriate, in the apportionment and
allocation process beginning that fiscal year.
5. 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, kind 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 ",passive" negligence but does not apply to SANBAG'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 self insurance, they have adequate coverage or resources to
protect against liabilities arising out of the performance of the terms,
conditions or obligations of this agreement.
2010-365
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.
S. 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 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 4000INS-1.
r ,
2010-365
JURISDICTION MASTER AGREEMENT NO. C10254
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
San Bernardino County City of San Bernardino
Transportation Authority
By: By: A4,4411
4arles McNedly
President, SANBAG Board of City Manager
Directors
Date: Date:
APPROVED AS TO FORM AND APPROVED AS TO FORM:
PROCEDURE:
By: _---__— By:
Jean-Rene Basle James Penman
SANBAG County Counsel City Attorney
Date: _ _ __ Date: Q -02�
2010-365
Attachment A
Project(s) Eligible for Expenditure/Reimbursement of
MI Valley Arterial Funds for the City of San Bernardino ($1,000s)
[40th St
Widen 40th St from Acre Ln to Electric Ave from 2 to 4 lanes —
Total Project from
$3,264,000
Total Cost of Phase(s) in CPNA: $1,224,000
Eligible Public Share: $827,424
Nexus Study Fair Share: 32.4%
Phase Prior FY10/11 FY11112 Total
Project Dev/Environ Doc(PA&ED)
MI Valley Arterial $ 124.38 $ $ $ 124.38
Development Fees $ 59.62 $ $ - $ 59.62
Plans, Specifications and Estimates (PS&E)
MI Valley Arterial $ 338.00 $ $ - $ 338.00
Development Fees $ 162.00 $ - $ $ 162.00
Right of Way Acquisition (ROW)
MI Valley Arterial $ - $ - $ 365.04 $ 365.04
Development Fees $ - $ - $ 174.96 $ 174.96
Construction (CONST)
MI Valley Arterial $ - $ - $ - $ -
Development Fees $ - $ - $ - $ -
Total Project
MI Valley Arterial $ 462.38 $ - $ 365.04 $ 827.42
Development Fees $ 221.62 $ - $ 174.96 $ 396.58
2010-365
Mt Vernon Ave
Mt Vernon Ave Bridge Replacement
Total Project Cost: $42,774,000
Total Cost of Phase(s) in CPNA: $21,231,000
Eligible Public Share: $2,065,850
Nexus Stud Fair Share: 32.4%
Phase Prior FY10/11 FY11/12 Total
Project Dev/Environ Doc (PA&ED)
MI Valley Arterial $ 479.96 $ $ - $ 47996
Development Fees $ 230.04 $ - $ $ 230.04
Fed HBP $ 75.00 $ $125.00 $ $ 200.00
Plans, Specifications and Estimates(PS&E)
MI Valley Arterial $ - $ 271.75 $ - $ 271.75
Development Fees $ $ 130.25 $ $ 130.25
Fed HBP $ $ 3,098.00 $ - $ 3,098.00
Right of Way Acquisition (ROW)
MI Valley Arterial $ $ - $ 77.74 $ 77.74
Development Fees $ - $ - $ 37.26 $ 3726
Fed HBP $ - $ - $ 885.00 $ 885.00
Construction (CONST)
MI Valley Arterial $ - $ - $ - $ -
Development Fees $ - $ - $ - $
Fed HBP $ - $ - $ $ -
Total Project
MI Valley Arterial $ 479.96 $ 271.75 $ 77.74 $ 829.45
Development Fees $ 230.04 $ 130.25 $ 37.26 $ 397.55
Fed HBP _$ 75.00 $ 3,223.00 $ 885.00 $ 4,183.00
2010-365
R
State St
Widen State St from Foothill Blvd to 16th St from 0 to 4 lanes
Total Project Cost: $25,584,000
Total Cost of Phase(s) in CPNA: $5,194,000
Eligible Public Share: $2,463,340
1 Nexus Study Fair Share: 32.4%
Phase Prior FY10/11 FY11/12 Total
Project Dev/Environ Doc (PA&ED)
MI Valley Arterial $ 638.14 $ $ $ 638.14
Development Fees $ 305.86 $ - $ $ 305.86
Plans, Specifications and Estimates (PS&E)
MI Valley Arterial $ 540.80 $ 608.40 $ $ 1,149.20
Development Fees $ 259.20 $ 291.60 $ - $ 550.80
Right of Way Acquisition (ROW)
Demo Funds $ - $ - $ 1,550.00
MI Valley Arterial $ $ - $ 676,00 $ 676.00
Development Fees $ $ - $ 324.00 $ 324.00
Construction (CONST)
MI Valley Arterial $ $ - $ - $ -
Development Fees $ - $ - $ - $ -
Total Project
Demo Funds $ - $ - $ 1,550.00 $ 1,550.00
MI Valley Arterial $ 1,178.94 $ 608.40 $ 676.00 $ 2,463.34
Development Fees $ 565.06 $ 291.60 $ 324.00 $ 1,180.66