HomeMy WebLinkAbout18-Development Services CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
j J
From: Ines Funk, Director Subject: Resolution approving participation in a
{ Project Study Report (PSR) for State Route
Dept: Development Services 210 - Victoria Avenue Interchange.
Date: November 15, 2005
File No. MCC Date: December 5, 2005 ORIGINAL
Synopsis of Previous Council Action:
None.
Recommended Motion:
1. Authorize the Director of Finance to transfer $50,000 from Street and Safety Improvements at
Various Locations (CIP No. SS-C) (Account No. 129-367-5504-7156) to Victoria Avenue
Interchange Study(Account No. 129-367-5504-7667); and
2. Adopt Resolution.
F y,�James Funk
Contact Person: Mark Lancaster, Deputy Director/City Engineer Phone: 3305
Supporting data attached: Staff Report, Resolution & Agreement Ward: 4&7
FUNDING REQUIREMENTS: Amount: $ 50 000
Source: (Acct. No) 129-367-5504-7156
Acct. Description:
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution approving participation in a Project Study Report (PSR) for State Route 210 - Victoria Avenue
Interchange.
Background:
In early 2005, SANBAG staff received a request from the Inland Valley Development Association (IVDA)
to provide an opinion on the feasibility of placing a new freeway interchange at Victoria Avenue on the
existing State Route 210 freeway in the City of Highland. At the time the IVDA was considering relocating
passenger terminal facilities for San Bernardino International Airport (SBIA) to a location near the southern
terminus of Victoria Avenue and was interested in freeway accessibility. As a courtesy, SANBAG staff
performed a "windshield" survey of the location. Staffs preliminary conclusion conveyed to IVDA was that
because of the existing bridge at this location and adjacent underutilized land uses, the potential exists for the
development of a new interchange at this location but that a more in-depth analysis would need to take place
to confirm the initial conclusions.
With these preliminary results in mind and the IVDA's decision to relocate the passenger terminal facilities
of SBIA, the IVDA formally requested that the City of Highland consider including a new interchange at this
location as part of the Circulation Element of the City's General Plan Update. The City agreed and has
included a new interchange at this location. The next step in the process to determine how to proceed is the
development of a Project Study Report (PSR). In July 2005, the City of Highland requested that SANBAG
host a meeting of affected jurisdictions to ascertain the interest of initiating a PSR and a willingness to
participate in funding the study. The jurisdictions involved include Highland, San Bernardino, the County of
San Bernardino, the San Manuel Tribe and the IVDA. In September, representatives from the five entities
verbally agreed to seek direction from their respective governing boards on whether to participate financially
in the PSR. Also at this meeting, it was agreed by the five participating agencies that the City of Highland
would request that SANBAG act as a lead agency for the PSR development. The level of effort that
SANBAG would provide is minimal and would involve selection of a consultant to prepare the PSR and
coordinate occasional project development team meetings.
The attached Cooperative Agreement (No. 06-046) is a six-party agreement in which SANBAG agrees to
assist the PSR effort by contracting with a consultant and coordinating meetings. The other five parties
agree to share in the cost of the consultant effort and shall reimburse SANBAG for all cost incurred for that
effort and have representatives from the respective agencies participate in PSR activities. Finally, this
agreement will only become effective upon execution by all six parties to the agreement.
Financial Impact:
The City's estimated share of the cost is $50,000.
Recommendations:
1. Authorize the Director of Finance to transfer $50,000 from Street and Safety Improvements at
Various Locations (CIP No. SS-C) (Account No. 129-367-5504-7156) to Victoria Avenue
Interchange Study(Account No. 129-367-5504-7667); and
2. Adopt Resolution.
2
r
1 Q �
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT BETWEEN
THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), THE INLAND
4 VALLEY DEVELOPMENT AGENCY (IVDA), THE COUNTY OF SAN
BERNARDINO, THE CITIES OF SAN BERNARDINO AND HIGHLAND, AND THE
5 SAN MANUEL BAND OF MISSION INDIANS, FOR THE PREPARATION OF A
PROJECT STUDY REPORT (PSR) FOR STATE ROUTE 210 — VICTORIA AVENUE
6 INTERCHANGE.
7 WHEREAS, it is in the interest of the cities of San Bernardino and Highland,the
8
County of San Bernardino, the San Manuel Band of Mission Indians, the Inland Valley
9
Development Agency(IVDA), and the San Bernardino Associated Governments (SANBAG)
10
11 to determine whether traffic circulation may be improved in the northeastern region of the San
12 Bernardino Valley by studying the potential of modifying or replacing the existing Highland
13 Avenue Interchange at SR30 (future SR 210)with a new Victoria Avenue Interchange; and
14 WHEREAS, a Cooperative Agreement between the six above-named entities has been
15 prepared for the purpose of contracting with a consultant to prepare a Project Study Report
16
(PSR) for State Route 210.
17
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
18 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
19 SECTION 1. That the Mayor is hereby authorized to execute Cooperative
20 Agreement No. 06-046 between the San Bernardino Associated Governments and the County
21
22 of San Bernardino,the cities of San Bernardino and Highland,the San Manuel Band of Mission
23 Indians, and the Inland Valley Development Agency, which is attached hereto (see Attachment
24 "A") and incorporated herein. Such Cooperative Agreement shall be effective only upon being
25 fully executed by all parties.
26 SECTION 2. That the authorization to execute the above-referenced
27
Cooperative Agreement is rescinded if it is not executed by all of the parties within one
28
hundred and twenty(120) day of the passage of this Resolution.
1
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT BETWEEN
THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), THE INLAND
3 VALLEY DEVELOPMENT AGENCY (IVDA), THE COUNTY OF SAN
4 BERNARDINO, THE CITIES OF SAN BERNARDINO AND HIGHLAND, AND THE
SAN MANUEL BAND OF MISSION INDIANS, FOR THE PREPARATION OF A
5 PROJECT STUDY REPORT (PSR) FOR STATE ROUTE 210 — VICTORIA AVENUE
INTERCHANGE.
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a meeting thereof, held on the
g day of , 2005, by the following vote,to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 LONGVILLE
13
MC GINNIS
14
15 DERRY
16 KELLEY
17 JOHNSON
18 MC CAMMACK
19
20 City Clerk
21 The foregoing resolution is hereby approved this day of
22 2005.
23
Judith Valles, Mayor
24 City of San Bernardino
Approved as to
25 Form and legal content:
26 JAMES F. PENMAN,
27 City Attorney
28 By
2
ATTACHMENT "A"
COOPERATIVE AGREEMENT NO. 06-046
BETWEEN
SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND
COUNTY OF SAN BERNARDINO, CITIES OF SAN BERNARDINO AND HIGHLAND,
SAN MANUEL BAND OF MISSION INDIANS, AND THE INLAND VALI.EY
DEVELOPMENT AGENCY (IVDA)
This Agreement, entered into this 7"' day of December, 2005, is between the San Bernardino
Associated Governments(hereinafter"SANBAG") and the County of San Bernardino, Cities of San
Bernardino and Highland, San Manuel Band of Mission Indians, and Inland Valley Development
Agency(IVDA) (hereinafter"ENTITIES").
RECITALS
1. In the interest of potentially improving traffic circulation in the northeastern region of the San
Bernardino Valley, ENTITIES desire studying the potential of modifying or replacing
existing Highland Avenue Interchange at SR 30(future SR 210) with a new Victoria Avenue
Interchange, hereinafter referred to as "PROJECT".
2. The PROJECT is located in the City of Highland in the County of San Bernardino.
3. ENTITIES have requested that SANBAG act as lead agency for preparing a Project Study
Report (PSR) for the PROJECT.
4. ENTITIES agree to equitably share in the cost of the PSR at no cost to SANBAG.
5. SANBAG shall provide PSR facilitation services to include inviting Statements of
Qualifications
ualifications from consultants subsequently award a contract to the selected consultant to
n convene meetings to include the PSR and representatives from all ENTITIES.c g p
prepare
AGREEMENT
1. This Agreement shall only take effect upon execution by all parties to this agreement.
2. SANBAG shall assume the role of lead agency to issue a Request for Qualifications (RFQ)
for consultant services to prepare a Project Study Report (PSR) for the PROJECT.
SANBAG will subsequently select and engage the services of a consultant and oversee the
process of preparation of the PSR.
3. SANBAG will provide services described in Item 2 above at no cost to the ENTITIES.
4. Besides the costs of project management services, all costs of the PSR for the PROJECT
including-,any changes in the scope, character or total cost of the PSR are the sole
responsibility of the ENTITIES.
Page 1 of 4
A06046.doe
TN 0651400
CN 06-046
5. SANBAG shall make payments to consultant in accordance with the invoices as work is
completed. Properly submitted and documented invoices shall be paid within thirty(3)0) days
after receipt by SANBAG.
6. SANBAG shall invoice each ENTITY quarterly for 1/5`" of all consultant costs incurred for
the development of the PSR during the preceding three months. In the event that any one or
more ENTITY does not meet its obligation to pay said invoice, the remaining participating
ENTITIES shall equally fund balances due to SANBAG.
7. SANBAG's Executive Director shall have full authority to exercise SANBAG's rights under
this Agreement.
8. This Agreement sets forth the complete understanding between the parties and no other
representations or understandings shall govern the relationship between the parties.
9. If any legal action is instituted to enforce or declare any party's rights hereunder, each party,
including the prevailing party, must bear its own costs and attorneys' fees. This paragraph
shall not apply to those costs and attorneys' fees directly arising from any third party legal
action against a party hereto and payable under Paragraph 10, concerning indemnification.
10. SANBAG and the ENTITIES hereby waive their respective rights to trial by jury and agree
to accept trial by judge alone of any cause of action, claim, counterclaim or cross-complaint
in any action, proceeding and/or hearing brought by either SANBAG against any of the
ENTITIES or any of the ENTITIES against SANBAG on any matter whatsoever arising out
of, or in any way connected with, this Agreement, the relationship of SANBAG and the
ENTITIES, SANBAG's provision of services under this Agreement, or any claim of injury
or damage, or the enforcement of any remedy under any law, statute, or regulation,
emergency or otherwise, now or hereafter in effect.
11. The parties acknowledge and agree that this Agreement was entered into and intended to be
performed in San Bernardino County, California. The parties agree that the venue for any
action or claim brought by any party to this Agreement will be the Central District of San
Bernardino County. Each party hereby waives any law or rule of court that would allow
them to request or demand a change of venue. If any action or claim concerning this
Agreement is brought by any third party, the parties hereto agree to use their best efforts to
obtain a change of venue to the Central District of San Bernardino County.
12. The parties agree to indemnify and hold harmless each other, their officers, agents, and
volunteers from any and all claims, actions or losses, damages, and/or liability resulting from
the indemnifying party's negligent acts or omissions which arise from its periurman.;o Of its
obligations under this Agreement. The parties' indemnification obligations shall survive the
termination of this Agreement.
13. In the event that any of the ENTITIES and/or SANBAG is found to be comparatively at fault
for any claim, action, loss or damage which results from their respective obligations under
this Agreement, the ENTITIES and/or SANBAG shall indemnify the other to the extent of
its comparative fault.
14. Furthermore, if the ENTITIES or SANBAG attempts to seek recovery from the other for
Page 2 of 4
A06046.dw
TN 0651400
CN 06-046
Workers Compensation benefits paid to an employee, the ENTITIES and SANBAG agree
that any alleged negligence of the employee shall not be construed against the employer of
that employee.
15. As this Agreement was jointly prepared by all parties, the language in all parts of this
agreement shall be construed, in all cases, according to its fair meaning, and not for or
against either party hereto.
COUTY OF SAN BERNARDINO CITY OF HIGHLAND
By: By:
Chairman, Board of Supervisors Mayor
Date: Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
By: CITY Attorney
COUNTY Counsel
Date:
Date:
SAN MANUEL BAND OF MISSION
CITY OF SAN BERNARDINO INDIANS
By: By.
Mayor Tribal Administrator
j Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: — By.
CITY Attorney ✓)W— Tribe Counsel
Date:_������ Date:
Page 3 of 4
A06046.dcc
TN 0651400
CN 06-046
SAN BERNARDINO
INLAND VALLEY DEVELOPMENT ASSOCIATED GOVERNMENTS
AGENCY
By: By:
Agency Administrator Kelly Chastain, SANBAG President
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Agency Counsel Jean Rene Basle, SANBAG Counsel
Date: Date:
{
Page 4 of 4
A06046.doc
TN 0651400
CN 06-046