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HomeMy WebLinkAbout09-207 - Resolutions RESOLUTION NO. 09-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PROJECT ADVANCEMENT AGREEMENT BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Project Advancement Agreement between the San Bernardino County Transportation Authority (hereinafter referred to as "SANBAG") and the City of Rancho Cucamonga for the reimbursement of local Transportation Fee program funds spent for the construction of SANBAG Nexus Study projects; and WHEREAS, SANBAG has determined that projects included in the SANBAG Nexus study are eligible to receive Measure 12010-2040 funds, and WHEREAS, a Project Advancement Agreement needs to be executed between SANBAG and the City of Rancho Cucamonga in order for SANBAG to reimburse the City of Rancho Cucamonga for local Transportation Fee program funds that have been spent for the construction of SANBAG Nexus Study projects; and WHEREAS, the City Council wishes to delegate authorization to execute this agreement and any amendments thereto to the Mayor. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said Project Advancement Agreement be hereby approved, and the Mayor is hereby authorized to sign said Project Advancement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 2151 day of October 2009. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None 6115dnnis Michael, Mayor Pro Te ATTEST: .d nice C. Reynolds, City Clerk (/ I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 2151 day of October 2009. Executed this 22nd day of October 2009, at Rancho Cucamonga, California.6 ice C. Reynolds, Cit Jerk Resolution No. 09-207 - Page 2 of 13 SANBAG San Bernardino Associated Governments 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 , ' Phone: (909) 884-6276 Fax: (909( 685-d407 Web: www.sanbag.m.gov ■ San Bernardino County Transportation Commission a San Bernardino County Transportation Authority -� a San Bernardino County Congestion Management Agency N Service Authority for Freeway Emergencies September 23, 2009 SEF 8 20 0o Mr. ]on Gillespie, P.E. Cr'y OF RANCHO MUNGp CUCN City of Rancho Cucamonga cNuINEERIp pUCA ON P. O. Box 807 Rancho Cucamonga, CA 91729 SUBJECT: Request for Execution of Project Advanc menl Agreement Dear Mr. Gillespie: In December 2008 you received a memorandum from SAJ\MAG stating that jurisdictions dishing execution of a Project Advancement Agreement for Measure 12010-2040 projects must submit such request to SANBAG by January 31, 2009. Your jurisdiction responded to SANBAG with a request to enter into a Project Advancement Agreement for one or more projects. Attached to this letter is an agreement tailored to your project(s), based on the model agreement adopted by the SANBAG Board of Directors in December 2008. It also reflects the policies in the. Adopted Measure 12010-2040 Strategic Plan and the supplemental principles adopted by the Board in June 2009 dealing with subordination of reimbursement to debt service and consideration of SANBAG financial stability. Execution of this agreement allows for reimbursement of Measure 1 2010-2040 dollars for expenditures on Nexus Study projects that occur prior to the actual flow of revenue from the new Measure in April 2010.. We request that this agreement be approved by your City Council and that two copies be sigmed by the authorized individuals. We will then have your executed agreements approved by the SANBAG Board anc signed by the Berard President. A copy will be retu,-red to you. CM092309-ss 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 San Bernardino Resolution No. 09-207 — Page 3 of 13 Mr. Jon Gillespie September 23, 2009 Page 2 Within the next several months we will be requesting invoicing information on expenditures incurred for advanced projects. A request for invoices will come under separate cover, along with invoicing instructions. Please consult Measure I 2010-2040 Strategic Plan Policy 40002, regarding the reimbursement process for Project Advancement Agreements. Thank you for your assistance. Should you have any questions, please contact Philip Chu of my staff at (909) 884- 8276. Sincerely, Ty Schuiling Director of Planning and Programming Attachment CM092309-ss Resolution No. 09-207 — Page 4 of 13 PROJECT ADVANCEMENT AGREEMENT NO. C09282 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF RANCHO CUCAMONGA FOR THIS AGREEMENT is made and entered into this day of by and between the San Bernardino County Transportation Authority (hereinafter referred to as "SANBAG") and City (hereinafter referred to as "CITY"). WITNESSETH WHEREAS, the SANBAG Nexus Study and the Measure 12010-2040 Expenditure Plan identify freeway interchange, major street, and railroad grade separation PROJECT(s) eligible for partial funding from Measure 12010-2040 revenues; and WHEREAS, SANBAG has determined that this PROJECT(S) and expenditure phase ,are included in the SANBAG Nexus Study and are eligible to receive Measure 12010-2040 funds: and WHEREAS, because revenue for the PROJECT(S) from Measure I 2010-2040 will not be available until 2010 or later, CITY desires to use its own local (non-SANBAG) funds to proceed with the PROJECT(S) at this time; and WHEREAS, SANBAG and CITY are entering into this Agreement that will allow CITY to use funds not contributed or allocated by SANBAG to implement the PROJECT(S) immediately with the understanding that SANBAG will reimburse CITY for eligible PROJECT(S) expenditures at a later date with Measure I 2010-2040 revenue or other eligible public share revenue available to SANBAG in accordance with the reimbursement schedule established in Policy 40002 of the Measure 12010-2040 Strategic Plan. NOW, THEREFORE, SANBAG and CITY agree to the following: SECTION I DEFINITIONS: • COST of a PROJECT is the PROJECT cost for the phase or phases defined in the Scope of Work in Attachment A. • DEVELOPMENT SHARE of PROJECT cost is the developer contribution percentage, as listed in the SANBAG Nexus Study, times the COST of the PROJECT. 009182 Resolution No. 09-207 — Page 5 of 13 • PUBLIC SHARE of the PROJECT is the COST of the PROJECT minus its DEVELOPMENT SHARE. SANBAG AGREES: 1. To reimburse CITY for the PUBLIC SILkRE of those eligible PROJECT expenses that are incurred by CITY for the PROJECT-specific work activities, as set forth in Attachment A to this Agreement. Said reimbursement amount shall not exceed the PUBLIC SHARE amount as calculated oy the total cost of the PROJECT minus the DEVELOPMENT SHARE of the cost, as indicated in the Nexus Study. The PUBLIC SHARE of the cost for the PROJECT is as follows: • Haven Ave widening from Baseline Rd to 1-210 Fwy Westside up to $ 4,260,000 (71% of Nexus Study Cost) • Church St widening from Archibald to Haven 2 to 4 lanes up to $ 817,920 (71% of Nexus Study Cost) • New traffic signal at 4th and Richmond up to $112,1.80 (71% of Nexus Study Cost) • New traffic signal 4th and Utica up to $112,118 (71% of Nexus Study Cost) • New traffic signal 6th and Buffalo up to $112,118 (71% of Nexus Study Cost) • New,traffic signal 6th and Utica up to $112,118 (71% of Nexus Study Cost) • New traffic signal Archibald and Banyan up to $112,118 (71% of Nexus Study Cost) • New traffic signal Archibald and San Bernardino up to $112,118 (71% of Nexus Study Cost) • New traffic signal Archibald and Victoria up to $112,118 (71% of Nexus Study Cost) • New traffic signal Arrow and Center up to $112.118 (71% of Nexus Study Cost) • New traffic signal Banyan and Wardman Bullock up to $112,118 (71% of Nexus Study Cost) • New traffic signal Carnelian and Wilson up to $112,118 (71% of Nexus Study Cost) • New traffic signal Church and Elm up to $112,118 (71% of Nexus Study Cost) • New traffic signal Day Creek and Madrigal up to $112,118 (71% of Nexus Study Cost) • . New traffic signal Foothill and Cornwall up to $112,118 (71% of Nexus Study Cost) • New Traffic signal Foothill and East Ave up to $112,118 (71% of Nexus Study Cost) • New traffic signal Foothill and Malachite up to $112,118 (71% of Nexus Study Cost) • New traffic signal Haven and Trademark up to $112,118 Co91s2 Resolution No. 09-207 — Page 6 of 13 (71% of Nexus Study Cost) • New traffic signal Haven and Wilson up to $112,118 (71% of Nexus Study Cost) • New traffic signal Hermosa and Church up to $112,118 (71% of Nexus Study Cost) • New traffic signal Wilson and San Sevaine up to $112,115 (71% of Nexus Study Cost) • New traffic signal Wilson and Wardman Bullock up to $112,118 (71% of Nexus Study Cost) In the event that the actual PROJECT expenditures are lower than the estimated cost in Attachment A for any individual project, the development percentage shall be applied to the actual expenditures for each. When non-Measure 1 funds are included as part of the funding package, the calculation of reimbursement shall be based on policies in the SANBAG Measure 12010-2040 Strategic Plan. The Strategic Plan provides specific guidance regarding the fund types that buy down the total PROJECT cost, the PUBLIC SHARE cost, and the DEVELOPER SHARE cost (refer to Policy 40001/VS-30). In the event that additional Federal/State funds are applied to this PROJECT(s), the reimbursement amount shall be recalculated to reflect the change in Federal/State transportation funding. 2. SANBAG shall reimburse CITY for the PUBLIC SHARE in accordance with the reimbursement terms set forth in Policy 40002 of the Measure 1 2010-2040 Strategic Plan, and 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. 3. When conducting an audit of the costs claimed under the provisions of this Agreement, SANBAG intends 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. SECTION II CITY AGREES: 009182 Resolution No. 09-207 —Page 7 of 13 1. Only eligible PROJECT-specific work activities, as set forth,in Attachment A to this Agreement, which are for transportation purposes that conform to the SANBAG Nexus Study and the Strategic Plan, will be eligiblee for future Measure 12010-2040 reimbursement. CITY agrees that it will claim reimbursement only for eligible PROJECT-specific work activities. 2. To abide by all State and, if applicable, Federal policies and procedures pertaining to the PROJECT(s). 3. After completion of the PROJECT(s), to prepare and submit to SANBAG an original and two copies of signed consultant/contractor invoices for subsequent reimbursement of those eligible PROJECT expenses. CITY further agrees and understands that SANBAG will not reimburse CITY for any PROJECT expenditures that are not described in the PROJECT-specific work activities. 4. If Measure I 2010-2040 reimbursement funds are received by CITY, to repay to SANBAG any costs that are determined by subsequent audit to be unallowable within thirty (30) days of CITY receiving notice of audit findings. Should CITY fail to reimburse moneys due SANBAG within thirty (30) days of demand, or within such other period as may be agreed between both parties hereto, SANBAG reserves the right to withhold future payments due CITY from any source under SANBAG's control. 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 SAN 3AG or until audit resolution is achieved 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, during the period of no less than five (5) years from the date of final reimbursement payment, if said reimbursement occurs under this Agreement. 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, 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 60 days following the completion of those expenditures. The Final Report of Expenditures, three 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. S. To have a PROJECT-specific audit completed by SANBAG upon completion of the PROJECT(s). The audit must state that all funds expended on the PROJECT(s) were used in conformance with this Agreement. C091s2 Resolution No. 09-207 —Page 8 of 13 9. CITY agrees that the PROJECT reimbursement schedule will be determined according to Measure I 2010-2040 Policy 40002 of the Measure I 2010-2040 Strategic Plan. CITY acknowledges that SANBAG reserves the right to make modifications to the project advancement repayment policy at any time based on SANBAG Board approval. CITY will be notified by SANBAG of any modifications of this policy within 30 days of its modification. 10. CITY agrees to post signs at the limits of PROJECT(s) noting that PROJECT(s) is (are) funded with Measure I funds. Signs shall bear the logos of San Bernardino Associated Governments/ Measure I and CITY. SECTION III IT IS MUTUALLY AGREED: L SANBAG's financial responsibility shall not exceed the PUBLIC SHARE of the cost for each individual project listed in Attachement A (as adjusted based on the availability of Federal/State transportation funding as described in SECTION I) or the amount based on actual cost as derived in ARTICLE 1, SECTION I, whichever is less. 2. Eligible PROJECT reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities that are described in this Agreement and shall not include escalation, interest, or other fees. 3. SANBAG shall have no responsibility to reimburse any otherwise allowable PROJECT expenditures until a) sufficient Measure I 2010-2040 revenue exists to fund those eligible PROJECT reimbursements and b) CITY has satisfied any and all other necessary PROJECT requirements including the submission of all required invoices and Reports. 4. Once reimbursement is initiated, total reimbursements to all eligible advanced projects shall not exceed 40 percent of the revenues allocated to the program categories from which the projects will be funded. Reimbursement in full for eligible costs shall be completed no later than receipt of final revenues generated by Measure 12010-2040. 5. All reimbursement to member agencies shall be subordinate to debt service on bonds sold to deliver SANBAG sponsored projects. 6. In the event CITY fails to initiate construction by January 31, 2009, fails to complete the PROJECT(s) commenced under this Agreement, fails to perform any of the obligations created by this Agreement, or fails to comply with applicable state and federal laws and regulations, SANBAG reserves the right to terminate this Agreement and any subsequent funding for the PROJECT(s) or any portion thereof upon written notice to CITY. CITY may only be reimbursed for those eligible PROJECT expenditures that occur prior to the date of termination when successfully completed Co9is2 Resolution No. 09-207— Page 9 of 13 as provided for pursuant to this Agreement. Upon termination, an audit may be performed as provided in Section II, Article (8) of this Agreement. 7. The CITY is responsible for payment of the entire DEVELOPMENT SHARE amount. If there are other jurisdictions with minority DEVELOPMENT SHARE amounts, the CITY is responsible for establishing a cooperative agreement with other jurisdictions that guarantees the reimbursement of the minority DEVELOPMENT SHARE according to terms mutually agreed upon by all parties. 8. 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. 9. Except as provided in Section III 8., this Agreement will be considered terminated upon reimbursement of eligible costs by SANBAG. San Bernardino County City of Rancho Cucamonga Transportation Authoritv By: By: Paul Eaton Jack Lam President, SANBAG Board of City Manager Directors Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: By: By: Jean-Rene Basle City Attorney County Counsel Date: Date: C09182 Resolution No. 09-207 — Page 10 of 13 Attachment A Project(s) Scope and Cost Proposed Improvements and project cost: 1. Haven Ave widening from Baseline Rd to 1-210 Fwy Westside Nexus Study Cost (2004): $6,000,000 Public Share: $ 4,260,000 (71% of Nexus Study Cost) 2. Church St widening from Archibald to Haven 2 to 4 lanes Nexus Study Cost (2007 Update): $1,152,000 Public Share: $ 817,920 (71% of Nexus Study Cost) 3. New traffic signal at 4th and Richmond Nexus Study Cost (2007 Update): $158,000 Public Share: $112,180 (71% of Nexus Study Cost) 4. New traffic signal 4th and Utica Nexus Study Cost(2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 5. New traffic signal 6th and Buffalo Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 6. New traffic signal 6th and Utica Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 7. New traffic signal Archibald and Banyan Nexus Study Cost (2007 Update): $158,000 Public Share: $112;118 (71% of Nexus Study Cost) S. New traffic signal Archibald and San Bernardino Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 9. New traffic signal Archibald and Victoria Nexus Study Cost (2007 Update): $158,000 Public Share: $112.118 (71% of Nexus Study Cost) C09182 Resolution No. 09-207 — Page 11 of 13 10. New traffic signal Arrow and Center Nexus Study Cost (2007 Update): $158,000 Public Share: $112,13 8 (71% of Nexus Study Cost) 11. New traffic signal Banyan and Wardman Bullock Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 12. New traffic signal Carnelian and Wilson Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 13. New traffic signal Church and Elm Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 14. New traffic signal Day Creek and Madrigal Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 15. New traffic signal Foothill and Cornwall Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 16. New Traffic signal Foothill and East Ave Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 17. New traffic signal Foothill and Malachite Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 18. New traffic signal Haven and Trademark Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 19. New traffic signal Haven and Wilson Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 20. New traffic signal Hermosa and Church Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) 21. New traffic signal Wilson and San Sevaine Nexus Study Cost (2007 Update): $158,000 C09182 Resolution No. 09-207 —Page 12 of 13 Public Share: $112,118 (71% of Nexus Study Cost) 22. New traffic signal Wilson and Wardman Bullock Nexus Study Cost (2007 Update): $158,000 Public Share: $112,118 (71% of Nexus Study Cost) TOTAL NEXUS STUDY PUBLIC SELARF $7.321.520. C09182 Resolution No. 09-207 — Page 13 of 13