2015-233
EXHIBIT "A"
CONTRACT 15-1001217
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO
FOR THE DEVELOPMENT OF
THE INTERSTATE 215 UNIVERSITY PARKWAY INTERCHANGE PROJECT ("PROJECT") I. PARTIES AND TERM
A. This Memorandum of Understanding ("MOU"') is entered by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("AUTHORITY" or "SANBAG") and the CITY OF SAN BERNARDINO ("PROJECT SPONSOR") (and together the "PARTIES'") on the Effective Date defined later herein.
B. The Term of this MOU will commence on the Effective Date and, unless terminated early as provided in Section V, Paragraph C, terminate upon completion of the AUTHORITY's management of the planning, environmental, design, right of way (ROW) (to include both ROW acquisition and utility relocation work), and construction, or December 31, 2019, whichever is earlier in time.
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 I 2010-2040 Valley Freeway Interchange Program.
B. WHEREAS, the PARTIES desire to proceed with development of the PROJECT.
WHEREAS, the PARTIES are entering into this PROJECT 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 to begin the project development efforts. Further study will determine the final configuration and design of the interchange improvements.
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 funding availability.
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WHEREAS, the Public Share is defined as the 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 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 the MOU is to outline the steps and funds necessary to complete the PROJECT, but the 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 this PROJECT.
I. WHEREAS, the PARTIES understand that a Cooperative Agreement will be developed for the PROJECT that will identify the specific roles and responsibilities of AUTHORITY and PROJECT SPONSOR including specific funding commitments for each phase of the PROJECT.
III. AUTHORITY'S RESPONSIBILITIES
A. AUTHORITY will be responsible for the Public Share of PROJECT costs in accordance with Measure I 2010-2040 Valley Freeway Interchange Program Strategic Plan Policy 40005 and subsequent Cooperative Agreements.
B. AUTHORITY will consider the development of a Loan Agreements) for the Local Share of PROJECT costs, if requested by the PROJECT SPONSOR, in accordance with Measure I 2010- 2040 Valley Freeway Interchange Program Strategic Plan Policy 40005.
C. AUTHORITY will assign a qualified member of its staff to coordinate with the PROJECT SPONSOR, as determined reasonably necessary by AUTHORITY to facilitate the delivery of the PROJECT.
D. PROJECT SPONSOR and AUTHORITY 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 Measure I 2010-2040 Valley Freeway Interchange Program Strategic Plan Policy 40005 and subsequent agreements, including Loan Agreements. PROJECT SPONSOR will deposit Local Share of the PROJECT cost in an escrow for PROJECT expenditures.
B. PROJECT SPONSOR will be responsible for 100% of AUTHORITY's oversight and project management costs.
PROJECT SPONSOR will assign a qualified member of its staff to coordinate with AUTHORITY, as determined reasonably necessary by PROJECT SPONSOR to facilitate the delivery of the PROJECT.
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D. PROJECT SPONSOR and AUTHORITY 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 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 (ROW or construction) within ten years or the federal funds may be required to be repaid to FHWA.
B. Recitals. The Recitals stated above are integral parts of this MOU and are hereby incorporated into the terms of this MOU.
Termination. Both AUTHORITY and PROJECT SPONSOR shall have the right at any time, to terminate this MOU, with or without cause, by giving thirty (30) calendar days 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 II, Paragraph I. Termination of the MOU by request of the PROJECT SPONSOR will be understood by the AUTHORITY 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.
D. 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 Emilio Murga, Interim Director of Public Works for CITY OF SAN BERNARDINO.
For AUTHORITY, that person shall be Paul Melocoton, Project Manager, All notices and communications regarding this MOU, interpretation of the terms of this MOU, or changes thereto will be provided as follows:
CITY OF SAN BERNARDINO SANBAG
San Bernardino Associated
300 North "D" Street, 6" Floor Governments
San Bernardino, CA 92418 1170 W. 3rd Street
ATTN: Public Works Director San Bernardino, CA 92410-1715 ATTN: Director of Project Delivery
E. 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 authorized representatives of the PARTIES.
-Signatures on the Following Page-
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EXHIBIT "A"
In witness whereof the PARTIES have executed this MOU on the dates written below and this MOU is effective upon execution of this MOU by both SANBAG and PROJECT SPONSOR ("Effective Date").
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY CITY OF SAN BERNARDINO
By: By:
Ryan McEachron Allen. Parker
President, Board of Directors City Manager
Date: Date: 10/26/15
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: Openalride
Eileen Monaghan Teichert
General Counsel
CONCURRENCE:
By:
Jeffery Hill
Procurement Manager
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EXHIBIT "A"
Exhibit A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to I-215 and improving local traffic flow on University Parkway. An alternative being evaluated is to reconstruct the existing ramp intersections at the interchange into a Diverging Diamond Interchange (DDI) configuration.
Further study will determine the final configuration and design of the interchange improvements Project Cost Estimate and Funding Shares:
Public Share: 84.2%
Development Share or Local Share: 15.8%
Estimated Cost' Buy-down Funds?5 Public Share Development Share* Phase
Project $676,873 $594,373 $69,465 $13,034
Approval and
Environmental
Design $482,932 $482,932 $- $-
(PS&E)
Right-of-Way $62,700 $- $52,760 $9,907
Construction
(Includes $3,314,000 $3,314,000 $- $-
Construction
Management &
Landscape $- $-
Maintenance
SANBAG $330,000 $- $- $330,000
Oversight
Total $4,866,505 $4,391,305 $122,225 $352,941
Estimated Costs are based on July 2015 preliminary project cost estimate for a DDI configuration. " In accordance with SANBAG Board action on 9/4/2013, buy-down funds include up to $5,000,000 of Federal Surface Transportation Program funds.
3 Project costs that are not federally reimbursable will be split according to the Nexus Study Share. * Includes 10% contingency.
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EXHIBIT "A"
Project Milestones:
Milestone! Actual
(Forecast)
Start of Project Approval and (4/2016)
Environmental Document Phase (PA/ED)
Environmental Approval (4/2017)
Design Approved/ROW Certified (2/2018)
Construction Notice to Proceed (6/2018)
Completed for Beneficial Use (6/2019)
'Milestone assumes DDI configuration and analysis of one alternative only. Anticipated environmental determination is a Categorical Exemption/Categorical Exclusion. 15-1001217 Page 6
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EXHIBIT "A"
Exhibit B
Interstate 215 at University Parkway Interchange Modifications Conceptual Layout
TYLININTERNATIONAL
UNIVERSITY PARKWAY / 1-215 DIVERGING DIAMOND INTERCHANGE 15-1001217 Page 7