HomeMy WebLinkAbout24-Development Services
OR I '" 'IIAL
iloidn
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File: 1.7191
Subject: Request for continuance to
January 8, 2001. Resolution approving
Memorandum of Understanding (MOU)
between the County of San Bernardino, the
City of Rialto, the City of Colton and the
City of San Bernardino to extend Pepper
Avenue to future State Route 210 in the
City of Rialto and supporting the submittal
of a joint application for Federal Surface
Transportation Program (STP) funding with
the County, Rialto, and Colton to extend
Pepper Avenue to the proposed State Route
210.
From: William Woolard, Interim Director
Dept: Development Services
Date: December 11, 2000
MCC Date: 12/18/00
Synopsis of Previous Council Action:
11/20/00 Continued to 12/04/00
12/04/00 Continued to 12/18/00.
Recommended Motion:
Continue to January 8, 2001.
/
!JJt~Mvltf1~A./
William Woolard
Contact person: Raymond A. Casey, City Engineer
Phone:
3305
Supporting data attached: Staff report
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
-'1 .
i"l'Lu A' (AfL/A .<t.J
Agenda]
/ /~/o I
*C}1
I~/;r J?J() -il30
, ,
, .
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Request for continuance to January 8, 2001. Resolution approving Memorandum of
Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of
Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in
the City of Rialto and submittal of a joint application for Federal Surface Transportation
Program (STP) funding with the County, Rialto, and Colton to extend Pepper Avenue to the
proposed State Route 210.
Back2round:
The California Department of Transportation 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 A venue is extended from its current terminus in Rialto north to the proposed
Route 210 prior to, or concurrently with, Route 210 construction.
This item was submitted to the Mayor and Common Council on November 20, 2000, and was
continued to December 4,2000. It was subsequently continued to December 18, 2000, in order
to allow additional time to resolve the issues identified by the Council at the meeting of
December 4, 2000. More time is needed to resolve these matters, therefore, we recommend
that the item be continued to January 8, 2001.
Financial Impact:
None.
Recommendation:
That the Mayor and Common Council continue this item to January 8,2001.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File: 1.7196
Subject: Request for continuance to
December 18, 2000. Resolution approving
Memorandum of Understanding (MOU)
between the County of San Bernardino, the
City of Rialto, the City of Colton and the
City of San Bernardino to extend Pepper
Avenue to future State Route 210 in the
City of Rialto and supporting the submittal
of a joint application for Federal Surface
Transportation Program (STP) funding with
the County, Rialto, and Colton to extend
Pepper A venue to the proposed State Route
210.
From: William Woolard, Interim Director
Dept: Development Services
Date: November 28, 2000
MCC Date: 12/04/00
Synopsis of Previous Council Action:
11/20/00 Continued to 12/04/00
Recommended Motion:
Continue to December 18, 2000
~~Jt/JM1/i~
William Woolard
Contact person: Raymond A. Casey, City Engineer
Phone:
3305
Supporting data attached: Staff report
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
liAJWOO
Agenda Item No. :;.~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Request for continuance to December 18, 2000. Resolution approving Memorandum of
Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of
Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in
the City of Rialto and submittal of a joint application for Federal Surface Transportation
Program (STP) funding with the County, Rialto, and Colton to extend Pepper Avenue to the
proposed State Route 210.
Backl!round:
The California Department of Transportation 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 A venue is extended from its current terminus in Rialto north to the proposed
Route 210 prior to, or concurrently with, Route 210 construction.
This item was submitted to the Mayor and Common Council on November 20, 2000, and was
continued to December 4, 2000. Additional time is needed to resolve the issues identified by
the Council at the last meeting; therefore, we recommend that the item be continued to
December 18, 2000.
Financial Imnact:
None,
Recommendation:
That the Mayor and Common Council continue this item to December 18, 2000.
Street Improvements
For
Pepper Avenue Extension
Freeway 30 (210)
To
Winchester Drive
z
_ROOSEVELT
~
-cr- '01 EVI>l.o
$;-;
PRrJECT ~
,'. ,^- - - O-e'
LOOA Tlt2 ' c
t;;
z
w
V'>
:'i
w
VICINITY MAP
N. T.S.
:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: November 15, 2000
Subject: Resolution approving
Memorandum of Understanding (MOU)
between the County of San Bernardino, the
City of Rialto, the City of Colton and the
City of San Bernardino to extend Pepper
Avenue to future State Route 210 in the
City of Rialto and authorizing the City
Administrator to submit a joint application
for Federal Surface Transportation Program
(STP) Funding with the County, Rialto, and
Colton to extend Pepper A venue to the
proposed State Route 210.
From: William Woolard, Interim Director
Dept: Development Services
File: 1.7196
MCC Date: 11/20/00
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
&1k~
-
William Woolard
Contact person: Raymond A. Casey, City Engineer
Phone:
3305
Supporting data attached: Staff report, Reso, Map, Agreement
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: up to $250,000 ($60,000 during FYOOIOI up to
$190,000 in FY 01/02)
Source: (Acct. No.) 129-367-5504-7191
(Acct. Description) Pavement rehabilitation
Finance:
Council Notes:
II JJ/Jjm
, <-
Agenda Item No. J l..J
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject:
Memorandum of Understanding (MOU) between the County of San Bernardino, the City of
Rialto, the City of Colton and the City of San Bernardino to extend Pepper Avenue to future
State Route 210 in the City of Rialto and authorizing the City Administrator to submit a joint
application to SANBAG between the City of San Bernardino, the City of Rialto, the City of
Colton, and the County of San Bernardino for STP funding to extend Pepper A venue to the
proposed State Route 210.
Back2round 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 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 A venue 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 SANBAG regarding the funding
responsibilities to construct the Pepper A venue extension. A firm funding commitment is
necessary 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 jointly to extend Pepper Avenue to the Route
210 extension. San Bernardino will benefit directly due to improved freeway access for the
northwest area of the City. 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, San Bernardino agrees to pay its share of the total project cost, estimated at
$1,066,000 and to deposit $60,000 with the City of Rialto upon execution of the MOU in order
for Rialto to begin work on the project. Approval of the resolution will authorize San
Bernardino to aid the City of Rialto by contributing funds for the road extension and to submit
a co-application with the City of Rialto for Federal Aid Funding under the Surface
Transportation Program (STP).
It is important to note that a joint application between the City of San Bernardino, the City of
Rialto, the City of Colton, and the County of San Bernardino will be concurrently submitted to
SANBAG for STP funds to offset the total project cost of $1,066,000. According to SANBAG
staff, this project is a strong candidate to qualify for funding. If the project is funded, the San
Bernardino share will be reduced from $250,000 to $60,000. Notification of funding from
SANBAG is expect by mid-January 2001.
Financial Impact:
The total estimated cost of the project is $1,066,000 with the City's share estimated at
$266,500 (25% of $1,066,(00). However, it is expected that competitive bidding will reduce
each jurisdiction's share to a maximum of $250,000. The immediate cost to the City during FY
00/01 will be the $60,000 deposit. If STP funding is approved, San Bernardino's entire share
of the project cost will be $60,000. Adequate funding is available in Fund 129 (1/2 Cent Sales
and Road Tax) of the FY 00/01 budget from the projected balance remaining in account no.
129-367-5504-7191 after the completion of the FY 00/01 Slurry Seal Project. A budget
amendment will be submitted to transfer money into a new account to fund this project.
The remaining share of cost will be included in the FY 01/02 budget proposal.
Since the proposed MOU will require reallocation the City's Measure "I" monies, it will be
necessary for San Bernardino Staff to follow-up with a request for council action to amend to
the Measure "I" Capital Improvement Program and amend the San Bernardino's Capital
Improvement Program (CIP) , We anticipate that these amendments could be placed on the
MCC agenda for 12/18/2000.
Recommendation:
Adopt Resolution approving Memorandum of Understanding (MOU) between the County of
San Bernardino, 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 and authorizing the City
Administrator to submit a joint application to SANBAG between the City of San Bernardino,
the City of Rialto, the City of Colton, and the County of San Bernardino for STP funding to
extend Pepper Avenue to the proposed State Route 210.
City of San Bernardino, California
Street Improvements
For
Pepper A venue Extension
Freeway 30 (210)
To
Winchester Drive
to
z:
~
z: W
VICINITY MAP
N.T.S.
~(QJ[P)W
RESOLUTION NO. 2001-24
1
2
3
4
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 RIAL TO, AND THE CITY OF
COLTON TO EXTEND PEPPER AVENUE 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 TRANSPORTATIO~ PROGRAM (STP)
FUNDING FOR THE EXTENSION.
5
6 WHEREAS, the California Department of Transportation (Caltrans) is in the process 0
7 designing the extension of Route 210 from Interstate Route 15 eastward to the City of San
Bernardino; and
8
9 WHEREAS, the Route 210 extension will pass Ihrough or near the cities of Rialto and Colton,
and unincorporated areas of the County of San Bernardino; and
10
WHEREAS, an interchange to Route 210 at Pepper Avenue is planned, but cannot be
11 constructed unless Pepper Avenue is extended from its current terminus in Rialto north to the
12 proposed Route 210; and
13
14
15
16
17
18
19
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 extend Pepper Avenue to the Route 210 extension; and
WHEREAS, the City is willing to commit allocated Federal Aid Surface Transportation
Program (STP) Funds to the extension of Pepper A venue to the Route 210 extension, and
WHEREAS, the project is entirely located within the incorporated area of the City of San
Bernardino; and
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
20
1. That the attached Memorandum of Understanding (MOU) between the County of San
Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend
22 Pepper Avenue 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 Avenue to the proposed State Route
210,
21
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 TRANSPORTATION PROGRAM (STP)
4 FUNDING FOR THE EXTENSION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Joint
6 Common Council of the City of San Bernardino at aRe gular meeting thereof, held on the 22nd
7
8
9
day of January
, 200:1, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
10 ESTRADA
11 LIEN
12 MCGINNIS
13
x
x
x
SCHNETZ
-1L
14
15 SUAREZ
16 ANDERSON
17 MCCAMMACK
18
19
20
x
x
x
)</and tfJ./m d~na , L'p/1ft;~'
- C' Cl k I I
lty er
The foregoing resolution is hereby approved this 26th day of January , 200..
~~~~
Esther Estrada, Mayor Pro Tern
City of San Bernardino
21
22
23
24 Approved as to
Form and legal content:
--
25
JAMES F. PENMAN,
26 Cily Attorney
27
28
p,
- if C---;':./'O-.v-:'-?"",-
~
E X New Vendor Code
M Change
X Cancel
County Department
RANSPORTATION
County Department Contract Representative
ETER H. WULFMAN, P.E.
Fund Dept. Organization
SM TRA TRA
Commodity Code
FOR COUNTY USE ONLY
Dept.
F 't-
L'{) ,
Contract Number
c
A
()()- II ).
Contractor's License No.
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
Dept. Orgn.
TRA TRA
Ph.Ext.
8166
Obj/Rev Source
2445
Amount of Contract
560,000
Activity GRClPROJ/JOB Number
14HI3410
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
Federal 10 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 concurrenijy 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 alltenns 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 as to Af1irmative Action
Reviewed for Processing
~
~ Vel:
Agency Administrator/CAO
Date /C-.J. y_a:;V>
Date
., ,
, '
Date
MEMORANDUM OF UNDERSTANDING BY AND AMONG
THE CITY OF RIALTO, 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 ("MOU") shall constitute a legally binding contractual
commitment and is made and entered into this 3brday of October, 2000, by and among the 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 the design and construction of the
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, the 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 through or near the 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 Avenue 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 that, when State Route 30 is
extended, it include a freeway separation structure at its terminus with Pepper Avenue; and
WHEREAS, Cal-Trans has provided 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 MOD to express
their contractual commitment to equally split the cost of compliance of the City of Rial to, as set forth
in the 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:
Section 1:
The scope of the project being financed pursuant to the Cooperative
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 Cooperative 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 of this MOU are complied with by the remaining parties to this MOU, (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, environmental 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 of the 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 MOD.
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 agreement 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
documents), 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, I 00,000 without the written consent of the other parties.
Each of the parties agrees that, upon the execution of this MOU and the City ofRialto's
approval 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 provide 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 Rialto, 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 MOD. 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 the parties agrees to indemnify and hold harmless the 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 the
parties, or any of them. This MOU may be amended only by another written MOD or agreement
duly approved and executed by all of the parties hereto.
Section 7:
This MOD shall be interpreted in accordance with the Constitution and laws
of the State of California,
Section 8:
In the event that 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 MOU. It is the intent of the 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
WHEREFORE, the parties have executed this MOU effective the date first hereinabove
written.
APPROVED AS TO FORM:
By:IUAA~
Robert A. Owen, City Attorney
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO FORM:
~
-Ie
By:
CITY OF COLTON
By:
CITY OF SAN BERNARDINO
By: F-v~~
7
COUNTY OF SAN BERNARDINO
APPROVED AS TO FORM:
BY8;,oD~
-11),1
OCT 3 1 2000
B~
G era 0
F:\WNUALTO\ClTY\AGREE\PcppcrAvc.MOU.new.wpd
8
. '.
EXHIBIT "A"
CONTRACT NO. 00-067
COOPERATIVE AGREEMENT
BETWEEN
SAN BERN~INO COUNTY TRANSPORTATION AUTHORTIY
. AND THE CITY OFRIALTO
PEPPER AVENUE EXTENSION TO STATE ROUTE 30
This Agreem~nt is made and entered into this 1~ day of March 2000 by and between the San
Bernardino County Transportation Authority (hereinafter referred to as SANBAG) and the City of
Rialto, 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 Avenue
extension to the proposed location of the State Route 30 interchange (hereinafter referred to as the
PRO~.
Witnesseth
. .
Whereas, the Route 30 Final Environmental Impact Report/Environmental Impact Statement and
. the Caltrans Policy and Procedures require that local access and circulationirnprovements are in
place prior to, or concurrently with, corlstruction of frreway separation structures; and
Whereas; the existing tennination of Pepper Avenue' 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 Avenue,
with a full diamond interchange, as part of the State Route 30 Segment 10 design contract; and
Whereas, the PROJECT will extend Pepper Avenue 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.,areement 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 Avenue
Bridge, and the interchange ramps until the .completion of the T}pe Selection approval by
CALTRANSDivision of Structures, expected .date April 7, 2000. No additional work
related to the brid~e or interchange design shallbe provided by SANBAG until the terms of
~oraph 2 are satisfied. .. . . .
'".
. . . ..
. ... '4J~~7i~liV'...'.'../5'iti\~i~h~i~~i~~;t.?(;~;:,~~t%i~~'
2. The CITY shall seek to secure a funding commitment prior to July 2~, 2000 to proceed
with all aspects of the PROmer as described in this agreement. If the' city is successful in
securing a funding commitment for the PROJECI', SANBAG will proceed Viith the design
and construction related to the 'Pepper Avenue bridge structure and interchange ramps. If
the CITY cannot secure a funding commitment for this PROJECT by July 28, 2000,
SANBAG shall remove the Pepper Avenue 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-of-way acquisitions
and environmental mitigation for the interchange ramps.
Should the CITY prove successful in secUring a funding commitment, the CITY shall, prior
to finalization, secure SANBAG review and approval of the design and construction
estimates for the PROJECT. 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 following two options:
(a) Bridge Removal - The CITY shall reimburse SANBAG for alltlje design costs for the
bridge and ramps, from Type Selection until the bridge is removed from the plans, and
the redesign costs to remove the bridge and ramps from the plans. The CITY shall
reimburse CALTRANS for the right-of-way costs and the environmental mitigation
costs incurred for the interchange xamps. . The total cOst of this item will vary depending
on when the'decision is made to remove the bridge. . .
(b) Bridge Remains - The CITY is.responsible for funding the entire construction cost
associated with the Pepper A ven1,1e Bridge. . The construction cost of the Pepper Avenue
Bridge structure is estimated as $1,560,000 in the Supplemental Project Report for
Segment lO; however, the actual construction cost for the bridge will be detennined by
the lowest bidding contraclor.
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 improvements
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 construction easements) for the PROJECI'. The CITY shall
furnish all right of way costs for the PROJECT at the CITY's expense.
7. The CITY sJlall coordinate, at the CITY's expense; the relocation of any utilities necessary
for the PRQJECr: ' .
. . ",~~,,"'.:; ....f,:~:.;:;\::~./".. ;~:';~.<:: ":: .... '.
O:/aOOO6?doc . '. . '," .' '.. .', . -
. JN0026~ ~.o:":~:'?"-~>~.:'~,,: .?' ...:.... ~ :.
_ COOPERA1l\IE AGREEMENT NO. ~1
;:~~~>:~':-n~%t~!~{r~{f~i~~~f~~y;rW"-'<'" - .,..,
.:
.-'..-
'.:? .':;;Y~~J:~~f~;;}i(_"::':
8. The CITY shall obtain, at the CITY's expense, all perrirlts needed for ihe PROJECT.
9. The construction contract will be by and between the CITY and the successful low bidder
for the PROmer.
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 PROJECI' by the ST A!E. ,
11. In the construction of the PROJECI', SANBAG may, at no cost to the CITY, furnish a
representative, if it so desires for the ,areas that relate to' the bridge and interchange
construction. 'Said representatives 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
conclusive in all matters 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 fuat, pursuant to Government Code Section .895.4,
the CITY shall fully defend, indemnify and save harmless SANBAG, all officers and
employees from all claims, suits or actions of every name, kind and description brought for
or on accOunt of injury (as defined in Government Code Section 810.8) occurring by
rea,sons of anything done or omitted to be done by the CITY under or in connection wifu
any work, aufuority or jurisdiction delegated to the CITY under this Agreement
14, Neifuer 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 wifu any work, authority or jurisdiction delegated to SANBAG under this
Agreement. It is understood and agreed fuat, pursuant to Government 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 injury (as defined in Government Code Section 810.8) occurring by
reasons of anything done or omitted to be done by SANBAG under or in connection wifu
any work, aufuority of jurisdiction delegated to SANBAG under this Agreement.
. O:i.00067.doc' ," ~.'.".'. : ;.t":-:.<.::;:-:
IN-'8 "," .'<:':-~':',:,"~:/:'.
~.. '" " .,'". .' ,"," ,
", COOPERA11VEAGREEMarr,NO,'QG.06?,; ,: '
- -'~'~:'-'" ~ :,,' '(.S:f';;-:J;;~f~'~:~~f.~r~ :.." "
",',' .
-,' .
", \~~"ei;:pigtj6(4':t>:"
- '.~:; ,. :_'~~Y::; .~. ..;:,:,,-,~/,~-'~ri?.~;:'::,:::.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By:
Date:
Robert Christman
President
SANBAG Board of Directors
. APPROVED AS TO FORM
AND PROCEDURE:
By: .
Date:
Rex A. Hinesley
County Counsel
. 0:1.00067,doc .
. IN 00261 .
. . COOPERATIVE AOREEMENT NO, 00.067
. - .... .
-",j..',..:-.....
CITY OFRIALTO
AL
By:
Date:
iRATI N
A'ITEST:
By:
Date:
City Clerk
;\.PPROVED AS TO LEGAL FORM:
By:
City Attorney
Date:
.'
. '
... .>:~age,:4:!>I.i,.~::f:~{:
.- .:....
;,-. "
..'
; '.'"
City of Rialt(Je)
California 'OJ rEf] 16 PiZ.,
Office oflh. City Clerk
February 13,2001
San Bernardino City Clerk's Office
Rachel G. Clark, City Clerk
P.O. Box 1318
San Bernardino, CA 92402
RE: MEMORANDUM OF UNDERSTANDINGIPEPPER A VENUE EXTENSION
Enclosed please find one (1) signed original of a Memorandum of Understanding (MOU) between
the County and the cities of Rialto, Colton and San Bernardino.
If you should have any questions, please feel free to call me at (909) 820-2519.
~'~M" {1 ;Vl" J~
Barbara A. McGee, CMC
City Clerk
150 South Palm Avenue, Rialto, California 92376
.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
To: Fred Wilson, City Administrator
~ ~RA<-
From: Raymond Casey, City Engineer, Development Services Department
Subject: Pepper Avenue
Date: January 18, 2001
Copies: William Woolard;-Interim Director
Pursuant to your request 1 am providing this update regarding the status of the Pepper Avenue
(and collaterally State Street) STP applications for funding.
Both projects were recommended for funding by SANBAG staff to the "Plans and Programs
Policy Committee" at their meeting yesterday. Despite challenges from other agency
representatives the committee upheld staffs recommendation and forwarded it on to the Board
of Directors, which is scheduled to meet on February 7, 2001. Although I would anticipate the
possibility of a similar challenge at the Board meeting and prepare for it as we have discussed, it
is very unusual for the Board to overturn a Plans and Programs recommendation.
As you are aware these projects are also relatively close in proximity and serve similar functions
in that they will ultimately provide arterial connections between Route 210 and Interstate 10.
Consequently, it was an "uphill battle" from the beginning to expect that both projects would be
funded in this rather small call for projects. In all, there were 28 applications for funding made
with a total STP request of $65.3M while the total funding available was only about $12M.
Therefore it was believed to be critical that the agencies involved with each project support the
other during the approval process.
Should you need additional information, please let me know.
attachment
I It 'Iv/a / .
_~ <-.', ^1!
~ tu;:
-.-;;.;r------..
R~h.~
.'!',klf:OC S~cy
.;4L;,;d...~iii..;
~Ji
:,r
11
!-~~~[gDW[g@an Bernardino Associated Governments
U JAN 1 j ZOG1 SAN BAG
AGENDA
CITY OF SAN BERNARDINO
DEVELOPMrrn SERVICES
DEPARTMENT
Plans and Programs Policy Committee Meeting
January 17,2001,12:30 p.m.
(please note change in meeting time)
Location
SANBAG Office, 472 N. Arrowhead Avenue, San Bernardino, California
Plans and Programs Policy Committee Membership
East Valin ReortSentatlves
Pat Gilbreath. Mayor
City of Redlantls
Richard Riddell. Mayor
City of Yucaipa
West Valin ReortSentatlves
Eunice Ulloa. Mayor
City of Chino
David R. Eshleman, Mayor
City of Fontana
Paul Eaton. Mayor
City of Montc/air
QHiI.
Mark Shoup. Council Member
Town of Apple Valley
Vice-Chair
Judith Valles. Mayor
City of San Bernardino
MountalnIDtSert ReortSentatlves
James Lindley. Mayor
City of Hesperia
Paul Cook, Council Member
Town of Yucca Valley
San Bernardino Countv
Bill Postmus. Supervisor
Jon D, Milrels. Supervisor
Dennis Hansberger. Supervisor
Fred Aguiar. Supervisor
Jerry Eaves. Supervisor
472 North Arrowhead Avenue, San Bernardino, CA 92401
Phone: (909) 884-8276 Fax: (909) 885-4407
Website Address: http://www.sanba2.ca.l!Ov
4. Valley TEA-21 Surface Transportation Program (STP) pg. 12
Call for Projects
1. Allocate $10,281,905 in federal STP funds to the
following projects in the Valley Region:
Cedar Ave Widening PSE (5 to 7 Lanes)- $ 885,300
Slover to Valley, SB County
5th St Widening (2 to 4 Lanes) $ 870,605
- SRJO to Boulder Ave, Highland
Sierra Ave Widening (2 to 6 Lanes)- $3,900,000
Highland to Baseline and
Baseline Ave Widening (2 to 6 Lanes) -
Beech to Maple, Fontana
Main St and Iowa Ave Intersection $ 250,000
Impmvernents, Colton
Pepper A v Extension (0 to 4 Lanes) - $ 826,000
North Tenninus to Rte 210, Rialto
Foothill Blvd Widening (4 to 6 Lanes)- $1,800,000
East to Cherry, Fontana
Foothill Blvd Widening (4 to 6 Lanes)- $1,400,000
Ch~rry to Hemlock, Fontana
Jumpa Ave and Mulberry Ave Intersection $ 350,000
Improvements, Fontana
2, Because the Fiscal Year 2000/01 STP appropriation was
in excess of the forecasted amount, increase the value of
the Call for Projects from $12,000,000 to $12,286,905 to
fully fund the next ranked project:
State St Extension (0 to 2 Lanes)-
5110 St to 16110 St, San Bernardino
$2,005,000
Ty Schuiling.
3
Notes/Actions
City of Rialto
CALIFORNIA
Ollice of the City Clerk
November 17,2000
City of San Bernardino
Fred Wilson, City Administrator
300 North D Street
San Bernardino, CA 92402
RE: EXTENSION OF PEPPER AVENUE TO STATE ROUTE 210
Please obtain signatures for the seven (7) original Memorandums of Understanding (MOU) between
the County and the cities of Rial to, Colton and San Bernardino and return to the Rialto City Clerk's
Office as soon as possible.
Mail to:
Rialto City Clerk's Office
Barbara A. McGee, CMC
150 South Palm Ave.
Rialto, CA 92376
After final execution, an original MOU and a certified copy of the County Resolution approving
the item will be sent to you. If you should have any questions, please feel free to call me at (909)
820-2519, Thank you for your prompt attention to this matter.
Si~,jelY,
fJa'J &d/I t<- 0 Ii! e ;J~
Ic_
fc\
,
"
'-, ",?
Barbara A. McGee, CMC
City Clerk
r
I
,\
1,1
,
1
NOV 2 0
"'1nfl
L\.;v~;
I
,....._ __ .___...___J
C:;,' of :-;<11; f:,:_;iIU_~d::liJ
! ',".\.:,;;,:,;t:
150 SOUTH PALM AVENUE, RIALTO, CALIFORNIA 92376
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1- z.z.-O \ Item # :J.L\ Resolution #
Vote: Ayes (-'l Nays.e Abstain 0-
Change to motion to amend original documents:
1COl- ~A
Absent --er
Reso. # On Attachments: ~
Contract term: -
NullNoid After: --
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W ICOUNTY Date:
See Attached: =-
Date Sent to 'h~ 1- ,;J 4,-0 \ (12.es:o Onl'1 )
Date of Mayor's Signature: 1- ~ (., -0 I
Date ofClerklCDC Signature: h~ (c--D \
Reso. Log Updated:
Seal Impressed:
,/
V
Date MemolLetter Sent for Signature: ,- [), II, -0 \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ./ Date Returned:
See Attached:
See Attached:
L-'2.~-O\
Request for Council Action & Staff Report Attached: Yes L
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No.L By
No -L By
Nov By
No 7 By
Copies Distributed to:
City Attorney ./
Parks & Rec.
Code Compliance
Dev. Services L EDA
Finance
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO TIlE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: I'l'I"
Date: '2.- '2.~ -ell