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HomeMy WebLinkAbout2001-024 RESOLUTION NO. 2001-24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF RIALTO, AND THE CITY OF COLTON TO EXTEND PEPPER A VENUE TO FUTURE STATE ROUTE 210 AND AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A JOINT APPLICATION WITH THE COUNTY OF SAN BERNARDINO, CITY OF RIAL TO, AND CITY OF COLTON FOR FEDERAL AID SURFACE TRANSPORTATION PROGRAM (STP) FUNDING FOR THE EXTENSION. 1 2 3 4 5 6 7 8 9 WHEREAS, the Route 210 extension will pass through or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino; and WHEREAS, the California Department of Transportation (Caltrans) is in the process 0 designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino; and 10 WHEREAS, an interchange to Route 210 at Pepper Avenue is planned, but cannot be 11 constructed unless Pepper A venue is extended from its current terminus in Rialto north to the 12 proposed Route 210; and 13 WHEREAS, the interchange will enhance traffic circulation throughout the region, which will be mutually beneficial to the County, the cities of Rialto, Colton and San Bernardino, and the 14 four parties desire to cooperate jointly to extend Pepper Avenue to the Route 210 extension; and 15 WHEREAS, the City is willing to commit allocated Federal Aid Surface Transportation 16 Program (STP) Funds to the extension of Pepper Avenue to the Route 210 extension, and 17 WHEREAS, the project is entirely located within the incorporated area of the City of San 18 Bernardino; and 19 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 I. That the attached Memorandum of Understanding (MOU) between the County of San Bernardmo, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper A venue to future State Route 210 in the City of Rialto is hereby approved. 2. That the City Administrator is hereby authorized to submit a joint application for Federal 23 Surface Transportation Program (STP) Funding with the County of San Bernardino, the 24 City of Rialto, and the City of Colton to extend Pepper A venue to the proposed State Route 210. 21 22 25 26 27 28 2001-24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING WITH 1 THE COUNTY OF SAN BERNARDINO, THE CITY OF RIAL TO, AND THE CITY OF COLTON TO EXTEND PEPPER AVENUE TO FUTURE STATE ROUTE 210 AND 2 AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A JOINT APPLICATION WITH THE COUNTY OF SAN BERNARDINO, CITY OF RIALTO, AND CITY OF 3 COLTON FOR FEDERAL AID SURFACE TRANSPORT A TION PROGRAM (STP) 4 FUNDING FOR THE EXTENSION. 5 I HEREBY CERTIFY thaI the foregoing Resolution was duly adopted by the Mayor and Joint 6 Common Council of the City of San Bernardino at aRegular meeting thereof, held on the 22nd 7 8 day of January , 200:1, by the following vote, to wi!: Council Members: 9 10 11 12 AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x x MCGINNIS 13 14 15 SUAREZ 16 SCHNETZ --.1L x ANDERSON x 17 MCCAMMACK 18 19 x City Clerk ahduvYw d,:YtC{ 20 21 22 23 24 Approyed as to Form and legal content: The foregoing resolution is hereby approved this 26th day of January , 2001. ~~~=> - Esther Estrada, Mayor Pra Tern City of San Bernardino 25 JAMES F. PENMAN, 26 City Attorney 27 28 " _ f C-v/'4A-&"---. REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION Agree. 00-1121 October 31, 2000 FROM: KEN A. MillER, Director Department of Public Works - Transportation SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY, CITY OF RIAL TO, CITY OF COLTON AND CITY OF SAN BERNARDINO FOR EXTENSION OF PEPPER AVENUE TO STATE ROUTE 210 RECOMMENDATION: 1) Approve Memorandum of Understanding (MOU) between the County, the City of Rialto (Rialto), the City of Colton (Colton) and the City of San Bernardino (San Bernardino) to extend Pepper Avenue to future State Route 210 in the City of Rialto. (SEE BOARD DIRECTION ON PAGE 2). 2) Adopt resolution approving monetary aid to the City of Rialto, not to exceed $275,000, to extend Pepper Avenue (4 votes required). BACKGROUND INFORMATION: The California Department of Transportation (Caltrans) is in the process of designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bemardino, passing through or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino. An interchange to Route 210 at Pepper Avenue has been planned, but cannot be constructed unless Pepper Avenue is extended from its current terminus in Rialto north to the proposed Route 210 prior to, or concurrently with, Route 210 construction. The City of Rialto entered into a Cooperative Agreement with SAN BAG regarding the funding responsibilities to construct the Pepper Avenue extension and rnust provide a funding commitrnent to insure inclusion of the interchange in the Route 210 plans. The interchange will enhance traffic circulation throughout the region, therefore, the County and the cities of Rialto, Colton and San Bernardino desire to cooperate jointiy to extend Pepper Avenue to the Route 210 extension. Since the interchange would benefit each of the parties in approximately equal proportion, the MOU states that funding would be shared equally, with each of the four agencies contributing 25%. The City of Rialto agrees to act as the lead agency to comply with all terms specified in the SANBAG/Rialto agreement and establish a separate account to fund the extension. Per the proposed MOU, the County agrees to pay its share of the project, estimated at $266,500 and not exceed $275,000, and to deposit $60,000 of this amount with the City of Rialto upon execution of the MOU to begin work on the project. Article 2, Section 1680 of the Streets and Highways Code requires a resolution adopted by a four-fifths vote in order to allow County aid to a City for any street within a city. Approval of the resolution will authorize the County to aid the City by contributing funds for the road extension. cc: Public WorkslTransp.-Miller Transportation-Wulfman w. 7 agrees. for signature Contractors c/o Transp. Auditor/Controller SBD ED/PSG-Goss County Counsel-Scolastico File lw Page 1 of 2 MOVE 5 E B DATED: ITEM 024 ~ MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY, CITY OF RIAL TO, CITY OF COLTON AND CITY OF SAN BERNARDINO FOR EXTENSION OF PEPPER AVENUE TO STATE ROUTE 210 October 31, 2000 Page 2 of 2 REVIEW BY OTHERS: This item was reviewed by Deputy County Counsel Charles S. Scolastico on October 24, 2000 and by the County Administrative Office (Tom Forster, Administrative Analyst). FINANCIAL IMPACT: The total estimated cost of the project is $1,066,000. The County's share is estimated at $266,500, and will not exceed 275,000. Appropriations for the County's $60,000 deposit for the project is available in the FY 00/01 budget for the County Road Fund (SAA-TRA- TRA) and the estimated remaining $206,500 share of cost will be included in the FY 01/02 budget proposal for the same fund. The City of Rialto plans to apply for funding under the Federal Surface Transportation Program (STP) Administered by San Bernardino Associated Governments (SANBAG). If the City is successful, the County's contribution for this project would be reduced from $275,000 to $60,000. SUPERVISORIAL DISTRICT(S): 5th PRESENTER: Ken A. Miller **Kathy A. Kivley of the City of Colton addresses this item. On motion by Supervisor Eaves, seconded by Supervisor Hansberger, and carried, the Board approves the item with the direction that funding be contingent upon all parties participation in the MOU; that the County support an STP application of the City of Rialto at SAN BAG and that there be no diversion of funds from other parts of the County for this project. 10/31/00 Iw #24 MINUTES OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA RESOLUTION NO. 2000-243 A RESOLUTION APPROVING AID BY THE COUNTY OF SAN BERNARDINO TO THE CITY OF RIAL TO TO EXTEND PEPPER AVENUE TO FUTURE ROUTE 210 On this 31" day of October, 2000 on motion of Supervisor Eaves, duIy seconded by Supervisor Hansberger, and carried, the following resolution is adopted by the Board of Supervisors of the County of San Bernardino, State of California. WHEREAS, Article 2, Section 1680 of the Streets and Highways Code requires a resolution adopted by a four-fifths vote in order to allow county aid to a city for any street within a city; and WHEREAS, the California Department of Transportation (Caltrans) is in the process of designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino; and WHEREAS, the Route 210 extension will pass through or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino; and WHEREAS, an interchange to Route 210 at Pepper Avenue is planned, but cannot be constructed unless Pepper Avenue is extended from its current terminus in Rialto north to the proposed Route 210; and WHEREAS, the interchange will enhance traffic circulation throughout the region, which will be mutually beneficial to the County, the cities of Rialto, Colton and San Bernardino, and the four parties desire to cooperate jointly to exlend Pepper Avenue to the Roule 210 extension; and WHEREAS, the project is entirely localed within the incorporated area of the City; and NOW, TIlEREFORE, BE IT RESOLVED THAT TIlE COUNTY BOARD OF SUPERVISORS DOES HEREBY approve monetary aid by the County of San Bernardino, in conjunction with aid from the cities of Colton and San Bernardino, to the City of Rialto to extend Pepper Avenue to future State Route 210 in the City of Rialto, with appropriations from State Highway Users Tax. PASSED AND ADOPTED by Board of Supervisors of San Bernardino County, State of California by the following vote, to wit: AYES: NOES: ABSENT: SUPERVISORS: Davis, Hansberger, Aguiar, Eaves, Mikels SUPERVISORS: None SUPERVISORS: None COUNTY OF SAN BERNARDINO ) ) SS ) STATE OF CALIFORNIA 1, Earlene Sproat, Clerk of Board of Supervisors of San Bemardino y~fornia, hereby certify the foregoing to be a full, true and correct copy of the record oft ~6~\l&t1SilW~ears in the official Minutes of said Board at its meeting of October 31, 2000, It 24~S;l,,~;i' ,'- "~p,.,v(f ; ~''l' >,ll"Jf ""( 'q, 0 I r- ~~~ ~-* 1" r ' ,,'WI. I !\:-~ l- E E RG^ ,.'{ ~o ~ I J ~ ~. d,.., f Ii ~j 'A . ....,. 't .."',....;.,,,",."",~' -l E M Vendor Code FOR COUNTY USE ONL Y Dept. Contract Number C A County of San Bernardino FAS CONTRACT TRANSMITTAL Dept. Orgn. TRA TRA Ph. Ext. 8166 Obi/Rev Source 2445 Amount of Contract $60,000 Activity GRC/PROJ/JOB Number 14H13410 Commodity Code FY Estimated Payment Total by Fiscal Year Amount lID FY Amount 110 Project Name PEPPER AVE EXTENSION TO FUTURE RTE 210 CONTRACTOR CITY OF RIAL TO, CITY OF COLTON, CITY OF SAN BERNARDINO Birth Date FederallD No. or Social Security No. Contractor's Representative WALTER KANE, Acting City Administrator Address 150 S. Palm Avenue, Rialto, CA 92376 Phone (909) 820-2689 Nature of Contract: (Briefly describe the general terms of the contract) MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY, CITY OF RIALTO, CITY OF COLTON AND CITY OF SAN BERNARDINO FOR EXTENSION OF PEPPER AVENUE TO STATE ROUTE 210 The California Department of Transportation (Caltrans) is in the process of designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino, passing through or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino. An interchange to Route 210 at Pepper Avenue has been planned, but cannot be constructed unless Pepper Avenue is extended from its current terminus in Rialto north to the proposed Route 210 prior to, or concurrently with, Route 210 construction. The interchange will enhance traffic circulation throughout the region, therefore, the County and the cities of Rialto, Colton and San Bernardino desire to cooperate jointly to extend Pepper Avenue to the Route 210 extension. The MOU states that funding would be shared equally, with each of the four agencies contributing 25%. The City of Rialto agrees to act as the lead agency to comply with all terms specified in the SANBAG/Rialto agreement and establish a separate account to fund the extension. The County agrees to pay its share of the project, which shall not exceed $275,000, and to deposit $60,000 of this amount with the City of Rialto upon execution of the MOU to begin work on the project. The total estimated cost of the project is $1,066,000. The County's share is estimated at $266,500, and will not exceed 275,000. The City of Rialto plans to apply for funding under the Federal Surface Transportation Program (STP) Administered by San Bernardino Associated Governments (SANBAG). If the City is successful, the County's share of the required local match would be $60,000. Appropriations for the County's $60,000 deposit for the project is available in the FY 00/01 budget for the County Road Fund (SAA-TRA-TRA) and the estimated remaining $206,500 share of cost will be included in the FY 01/02 budget proposal for the same fund. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) ~ Reviewed for Processing d(l() Agency Administrator/CAD Reviewed as to A Date lo-j.C(--(t:P Date (f; if po Date MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITY OF RIAL TO, THE CITY OF COLTON, THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR THE EXTENSION OF PEPPER AVENUE TO STATE ROUTE 30 This Memorandum of Understanding ("MOD") shall constitute a legally binding contractual commitment and is made and entered into thi6./HJday of October, 2000, by and among tl1e City of Rialto, a California municipal corporation, the City of Colton, a California municipal corporation, the City of San Bernardino, a California municipal corporation, and the County of San Bernardino, a political subdivision of the State of California, for the establishment and allocation of responsibilities for the acquisition of necessary right-of-way, and tl1e design and construction oftl1e Pepper Avenue extension to the proposed location of the State Route 30 Interchange, including the funding of such matters (hereinafter referred to as the "Project"). RECITALS WHEREAS, tl1e California Department of Transportation ("Cal- Trans") is in the process of designing the extension of Route 30 from Interstate Route 15 eastward to the City of San Bernardino, passing tirrough or near tl1e cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino; and WHEREAS, the Route 30 Final Environmental Impact Report/Environmental Impact Statement and the Cal- Trans Policy and Procedures require that local access and circulation improvements be in place prior to, or concurrently with, the construction of freeway separation structures; and WHEREAS, the existing termination of Pepper A venue within the City of Rialto does not satisfy the requirements that warrant a freeway separation structure; and WHEREAS, each of the parties to this MOU are desirous tl1at, when State Route 30 is extended, it include a freeway separation structure at its terminus with Pepper A venue; and WHEREAS, Cal-Trans has proyided the City of Rialto with a Cooperative Agreement (Contract No. 00-067, hereinafter referred to as the "Cooperative Agreement"), a copy of which is attached hereto as Exhibit "A," and incorporated herein by this reference as though set forth in full; and WHEREAS, Rialto is unable to unilaterally finance the requirements necessary for it to enter the Cooperative Agreement; and WHEREAS, the freeway separation structure will benefit each of the parties to this MOU, in approximately equal proportion; and WHEREAS, the parties to this MOU are therefore desirous of entering this MOU to express tl1eir contractual commitment to equally split the cost of compliance oftl1e City of Rial to, as set forth in tl1e Cooperative Agreement, whereby each party to this MOU will bear twenty-five percent (25%) 2 of all such costs. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions and promises contained hereinbelow, the parties do hereby agree as follows: The scope of the project being financed pursuant to the Cooperative Section I: Agreement and this MOU includes the extension of Pepper Avenue from its existing terminus to State Route 30, to include four lanes with curb, gutter, pavement and drainage improvements. Section 2: The City of Rialto shall forthwith duly approve, execute and enter the Cooperative Agreement with Cal- Trans, and shall be the lead agency for all purposes of complying with the Cooperatiye Agreement, except as expressly set forth hereinbelow or by subsequent amendment to this MOU between the parties. The City ofRialto agrees to enter the Cooperative Agreement, and take all actions necessary on its part to comply with its terms, provided that the terms ofthis MOU are complied with by the remaining parties to this MOD. (The cities of Colton and San Bernardino, and the County of San Bernardino will sometimes be referred to herein as the "Remaining Parties.") Section 3: The City of Rial to shall forthwith establish a separate account within its funds of accounts, identified as the "Pepper Avenue Extension Account." Each of the parties agrees that all costs, expenses and liabilities of the Project, as specified in the Cooperative Agreement including without limitation the costs, expenses and liabilities associated with all reasonably necessary land 3 right-of-way acquisitions, enyironmental reVIew and mitigation, design and construction engineering, utility relocation, relocation benefits to "displaced persons," public bidding, and construction (hereinafter referred to as the "Extension Costs") shall be paid out ofthe Pepper Avenue Extension Account. Such account shall be used for no other purpose unless agreed to in writing by representatives of all of the parties to this MOU. Section 4: The parties understand and agree that the preliminary cost estimates for the Project, to be incurred over the next four (4) fiscal years (concluding in fiscal year 2003/2004), are as follows: Right-of-way Acquisition Environmental Documents, Permits and Mitigation Road Design, Public Bidding and Construction Total $209,000.00 $220,000.00 $637,000.00 $1,066,000.00 The parties further understand and agree that the above cost estimates are estimates only, and that their agreernent as contained in this MOU is to fund twenty-five percent (25%) each of the actual costs incurred in connection with the Project. Notwithstanding the foregoing, the City of Rialto agrees that the Extension Costs will not include costs associated with any service routinely provided by the City of Rialto in connection with developments of property within its jurisdictional boundaries, such that City of Rialto staff time will be provided without being counted as Extension Costs. Such City of Rialto services shall include all staff time involved in the management of the Project, the issuance of all permits, environmental review (not including preparation of such 4 L.._ ~ docurnents), and the bidding of the Project publicly. The parties further understand and agree that the actual costs of the Project, not including the City of Rialto staff time referenced above, shall not exceed $1,100,000 without the written consent of the other parties. Each of the parties agrees that, upon the execution of this MOU and the City of Rialto's approyal and execution of the Cooperative Agreement, each of the parties shall deposit $60,000.00 with the City of Rialto to be placed in the Pepper Avenue Extension Account. The City will thereupon commence environmental review and/or mitigation, right-of-way acquisition, and design engineering for the Project. As the Project proceeds, Rialto will proyide status reports to the Remaining Parties, including scheduled expenditures of funds and requests for contribution of funds in reasonably adequate time to make such payments when due. Each of the parties agrees to contribute such funds as are necessary in order for it to bear 25% of the cost of the Project, without delaying the Project by nonpayment. All checks shall be payable to the City of Rialto and, when received by the City of Rial to, shall be deposited in the Pepper Avenue Extension Account. Notwithstanding the foregoing, the parties understand and agree that the City of Rial to is in the process of applying to the California State Department of Transportation for a grant, through SANBAG, from the State Transportation Project's Program ("STP Grant") for the Project which is the subject of this MOU. To the extent any STP Grant proceeds are received as a result of such application, the City of Rialto shall apply such proceeds to this Project which will reduce each parties' contribution equally. In the event that the STP Grant exceeds $860,000, then each of the parties shall be refunded 1/4 of such excess to account for the $60,000 payment made pursuant to this paragraph. 5 Section 5: Each of tl1e parties agrees to indemnifY and hold harmless tl1e other parties, their officers, agents, employees and volunteers from any and all claims, actions, losses, damages and/or liability resulting from their own negligent acts or omissions, or that of their own officers, agents, employees and volunteers, which arise from their performance of their respective obligations under this MOU. Section 6: This MOU constitutes the entire agreement between the parties and supercedes any and all prior written or oral understandings, agreements or contracts by or among tl1e parties, or any of them. This MOU may be amended only by another written MOU or agreement duly approved and executed by all of the parties hereto. Section 7: This MOU shall be interpreted in accordance with tl1e Constitution and laws of the State of California. Section 8: In the event tl1at any phrase, clause, provision, sentence, or paragraph of this MOU is declared by a court of competent jurisdiction to be void or otherwise unenforceable, then the parties mutually agree that they will exercise their good faith efforts to negotiate and enter another MOU consistent with the mutual intent expressed in this MOD. It is the intent oftl1e parties hereto that any such phrase, clause, provision, sentence or paragraph shall be severable and, in the event declared void or otherwise unenforceable, the remaining phrases, clauses, provisions, sentences or paragraphs of this MOU shall remain in full force and effect. 6 ~--l WHEREFORE, the parties have executed this MOU effective tlIe date first hereinabove written. APPROVED AS TO FORM: By: MJA(jj~ Robert A. Owen, City Attorney APPROVED AS TO FORM: By: ~J{i { ~V- CitylAttorney APPROVED AS TO FORM: B~ 7:~ Ci ttorney By: CITY OF COLTON By: O&b~ /'-41, ~I}1Jno-:tr DE RE H. BENNETT Mayor Pro Tempore CITY OF SAN BERNARDINO By: ~ :E:~. -- - 7 COUNTY OF SAN BERNARDINO APPROVED AS TO FORM: l);' By: oD/ltd4 100-- II> J Bd~/ G r ICe F:\WP\R1ALTO\CITY\A.GREE\PepperAvc.MDU,ncw,wpd 8 OCT 3 1 2000 .': .'.. EXHIBIT "A" CONTRACT NO. 00-067 COOPERATIVE AGREEMENT BETWEEN SAN BERNARDINO COUNTY lRANSPORTATION AUTHORITY AND THE CITY OF RIALTO PEPPER AVENUE EXTENSION TO STATE ROUTE 30 This Agreement is made and entered into this ISh day of March 2CXXl by and between the San Bernardino County Transportation Authority (hereinafter referred to as SANBAG) and the City of Rlalto, a municipal corporation of the State of California (hereinafter referred to as CITY), for the establishment of responsibilities for the design, funding and construction of the Pepper Ayenue extension to the proposecllocation of the State Route 30 interchange (hereinafter referred to as the PROJ;ECT). Witnesseth . . Whereas, the Route 30 Final Environmental Impact Report/Environmental Impact Statement and . the Caltrans Policy and Procedures require that local access and circulation improvements are in place prior to, or concurrently with, construction of freeway separation structures; and Whereas; the existing termination of Pepper Ayenue' within the City of Rialto does not satisfy the requirements that warrant a freeway separation structure; and Whereas, SANBAG is currently incorporating an undercrossing bridge structure at Pepper Ayenue, with a full diamond interchange, as part of the State Route 30 Segment 10 design contract; and Whereas, the PROJECT will extend Pepper Ayenue from the existing termination to connect with the Route 30 Freeway construction, thus satisfying the requirements that warrant a freeway separation structure; and . Whereas, the purpose of this a.,oreement is to define the PROJECT roles, responsibilities and commitments for both the CITY and SANBAG, and Whereas, both parties agree to the concept and purpose of the PROJECT. Therefore, both SANBAG and the CITY agree to the following: 1. SANBAG shall proceed with the geometric and structural design of the Pepper Ayenue Bridge, and the interchange ramps until the completion of the Type Selection approYal by CALTRANS Division of Structures, expected .date April 7, 2000. No additional work related to the bridge or interchange design shall be provided by SANBAG until the tenns of ~crrnph 2 are satisfied. . ,:0.".,. ._." . .:.;.i;:~~:~~/(::,:~}>:::";;:'[~':' .' . . :.. ~~;i.~:~~~1\~~~~'~~t~;(~it, . "'. ',',".. :". . .. ."r :':_;\:::\~:"(;',.\.'::;" ' . .', ,. 2. The CITY shall seek to secure a funding commitment prior to July 2S, 2000 to proceed with all aspects of the PROJECl' as described in this agreement. If the-city is successful in securing a funding commitment for the PROJECf, SANBAG will proceed with the design and construction related to the 'Pepper A yenue bridge structure and interchange ramps. If the CITY cannot secure a funding commitment for this PROJECl' by July 28, 2000, SANBAG shall remoye the Pepper A yenue bridge structure and interchange ramps from the State Route 30, Segment 10 design plans. Additionally, if the city cannot secure a funding commitment by July 28, 2000, CALTRANS will not proceed with right-Df-way acquisitions and environmental mitigation for the interchange ramps. Should the CITY proye successful in secUring a funding commitment, the CITY shall, prior to finalization, secure SANBAG review and approYal of the design and ccnstruction estimates for the PROJECl'. Additionally, the CITY commits that if, for any reason, the . PROJECT cannot be completed as required after a funding commitment has been secured, . they will reimburse SANBAG and CALTRANS for one of the fDllowing two options: (a) Bridge Remoyal - The CITY shall reimburse SANBAG for all the design costs for the bridge and ramps, from Type Selection until the bridge is removed from the plans, and the redesign costs to remoye the bridge and ramps from the plans. The CITY shall reimburse CALTRANS for the right-Df-way costs and the environmental mitigation costs incurred for the interchange ramps. . The total cOst of this item will yary depending on when the'decision is made to remoye the bridge. . . (b) Bridge Remains - The CITY is responsible for funding the entire ccnstruction cost associated with the Pepper Avenue Bridge. The construction cost of the Pepper A yenue Bridge structure is estimated as $1,560,000 in the Supplemental Project Report for Segment 10; however, the actual ccnstruction cost for the bridge will be determined by the lowest bidding contractor. 3. The CITY shall obtain, at the CITY's' expense, all of the necessary environmental clearances for construction of the PROJECT. 4. The CITY shall provide all plans, specifications, and estimates for all improyements required for the PROJECT. 5. The CITY will advertise, award, and administer the construction of the PROJECT. The CITY will provide the staff needed to manage the PROJECT. The CITY will also provide, at the CITY's expense, inspection as required for the PROJECT. 6. The CITY shall provide all necessary services' and personnel to acquire the right of way (including any temporary ccnstruction easements) for the PROJECT. The CITY shall furnish all right of way ccsts for the PROJECT at the CITY's expense. 7. The CITY. spall coordinate, at the CITY's expense, the relocation of any utilities necessary for the PROJECT: ~I=~,~oc-li.;'>;{".?;;;._~.... . cooPE1iA~ AGRJiEMENT NO. 00-067 ....;~"-LSk:~.~}?~~1.~';1'~;...(if:;i~~~T'~;t.;[jz'~. , . ;."~ -. .. - . .. ;""-:'.. ........};;;.~ijb:i"ef1;P'..... . ~..... -~.' .. _. ". -'. 8. The CITY shall obtain, at the CITY's expense, all perriuts needed for ihe PROJECI. 9. The construction contract will be by and between the CITY and the successful low bidder for the PROJECT. 10. Upon completion of work under this agreement, SANBAG will assume maintenance and the expense thereof for any part of the PROJECT located within STATE right of way until acceptance of any such part of the PROJECT by the ST ATE. , 11. In the construction of the PROJECT, SANBAG may, at no cost to the CITY, furnish a representatiye, if it so desires for the areas that relate to the bridge and interchange construction. . Said representatiyes and the CITY's Engineer will cooperate and consult with each 'other, but the decisions of the CITY's Engineer shall prevail as final, binding and conc1usiye in all rnatters concerning the PROJECT. 12. Amendments to this agreement may be incorporated to this Agreement as mutually agreed to in writing by both the CITY and SANBAG. 13. Neither SANBAG nor any officer or employee thereof is responsible for any damage or liability occurIing by reasons of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement. It is understood and agreed that, pursuant to Goyemment Code Section .895.4, the CITY shall fully defend, indemnify and saye harmless SANBAG, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on accOunt of injwy (as defined in Government Code Section 810.8) occurring by reasons of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement 14. Neither the CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by SANBAG under or in connection with any work, authority or jurisdiction delegated to SANBAG under this Agreement. It is understood and agreed that, pursuant to Goyernment Code Section 895.4, SANBAG shall fully defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on aCcount of injuI)' (as defined in Goyernment Code Section 810.8) occurring by reasons of anything done or omitted to be done by SANBAG under or in connection with any work, authority of jurisdiction delegated to SANBAG under this Agreement. 0:;.00067.doc IN 0026& . ". ......,. . ....' . COOPERATIVE AGREEMENT NO. .()().067 .. -.:...- .-.... - '.. . .-.-"--::' ....; ~ ~~-:::::S;;:i:i~rA- ..... . .'.' .". :. ..:~ {:~:pafe.3 o{'!.':. - ~~ .-.:':: '.: '::;~ -.-:, :,' :,:..::',:-. Robert Christman President SANBAG Board of Directors N SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: By: Date: Date: . APPROVED AS TO FORM M'D PROCEDURE: A TrEST: By: By: City Clerk Rex A. Hinesley County Counsel Date: Date: APPROVED AS TO LEGAL FORM: By: City Attorney Date: 0:/.00067.doc . . IN 00268 . . .. COOPERATIVE AGREEMENT NO. 00-067 -~'. -...... -' . - . .....;.page4:p(4..... ... .. ". .",-.'