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HomeMy WebLinkAbout21- City Manager's CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTIO ANAL From: Charles McNeely, City Manager Subject: Resolutions authorizing a Master Cooperative Agreement by and between Dept: City Manager's Office Omnitrans, the City of San Bernardino, the Redevelopment Agency of the City of San Date: September 15, 2009 Bernardino for the Development of the `B" Street Corridor sbX Rapid Transit Project. Council Meeting Date: September 21, 2009 Synopsis of Previous Council Action: 09/08/2009—The Mayor and Common Council continued the matter to September 21, 2009. 08/03/2009—The Mayor and Common Council continued the matter to September 8, 2009. 07/21/2008 — The Mayor and Common Council and Community Development Commission adopted an MOU with Omnitrans regarding the development of transit oriented projects. December,2005—The Mayor and Common Council adopted in concept the Locally Preferred Alternative (LPA)for the"D" Street Transit Corridor and transit supportive uses adjacent to the LPA stations. Recommended Motion: Mayor and Common Council Adopt Resolution. Community Development Commission Adopt Resolution. Sig6iture Contact person: Catherine Pritchett, Management Analyst Phone: 384-5122 Supporting data attached: Staff report, resolutions, agreement Ward: IS` 2nd 3ra, 5`'and 7" FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: /1 PSd c;�00 f- i C,DG���`�- -, S ✓/oXsc 3 o ,oe v�ausL 911Plo % A- 22 Agenda Item No. q-_�_ /y Q_ 9�1-V 1 New Sta-fl Pipa rf CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolutions authorizing a Master Cooperative Agreement by and among Omnitrans, the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino for the development of the "E" Street Corridor sbX Rapid Transit Project. Background: At the August 3, 2009 Mayor and Common Council meeting, this item was continued to September 8, 2009, and then continued to September 21, 2990. Refer to the August 3, 2009 staff report for a more complete discussion(attached for reference). Environmental Determination: Omnitrans, as the Lead Agency as defined in Section 15367 of the California Environmental Quality Act (CEQA), prepared an Environmental Assessment/Initial Study in compliance with CEQA. On August 19, 2009, Omnitrans adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) and filed a Notice of Determination with the Clerk of the Board of Supervisors and the State Clearinghouse. As the Lead Agency, Omnitrans has primary responsibility for approving and constructing the project and for carrying out the mitigation measures in the MMRP. The City of San Bernardino is a Responsible Agency as defined in Section 15381 of CEQA. The City has discretionary review authority over certain aspects of the project, but will not construct the project. The City is not responsible for completion of any of the mitigation measures, but will ensure that Omnitrans complies with the MMRP. Financial Impact: . . The Agency will provide 1,421 square feet of office space to Omnitrans staff at 201 North `B" Street with an annual fair market value of$28,140. This office space will be provided for a period not to exceed three(3) years. The City will provide sufficient planning and engineering personnel for a period not to exceed 18 months. As part of this Agreement, the Agency agrees to deposit funds into CIP Project Account SS10-07, for the cost of all City plan check and inspection fees and permit costs will have no negative impact to the General Fund. The Agency will also reimburse the Municipal Water Department for plan check and permit costs associated with the project. Recommendation: Mayor and Common Council Adopt the Resolution. Community Development Commission • Adopt the Resolution. ATTACHED FOR REFERENCE—September 21, 2009 STAFF REPORT MASTER COOPERATIVE AGREEMENT FOR THE SBX BUS RAPID TRANSIT PROJECT BY OMNITRANS BACKGROUND: The City of San Bernardino ("City") has historically been known for its low-density, suburban growth patterns. However, as with many other Southern California communities, it is reexamining this growth model in the face of concerns about air quality, climate change and the growing demand for walkable, transit-accessible neighborhoods. San Bernardino is at the forefront of this trend, taking advantage of the growing interest in downtown living, to draw new public and private investment into its historic core. Downtown San Bernardino is poised to experience a renaissance in the coming decades, as a number of catalytic redevelopment projects and transit improvements are completed. Working with the Economic Development Agency ("Agency"), the City is focusing on increasing homeownership opportunities, concentrating employment downtown, and engaging City's ethnically and culturally diverse population. Civic leaders are drawing new investment into the historic core, taking advantage of a resurging interest in walkable communities and the growing "healthy cities"movement in the Inland Empire. On December 7, 2005, the Omnitrans Board of Directors adopted a Locally Preferred Alternative (the "LPA") of the "E" Street Corridor sbX Bus Rapid Transit Project (the "Project"). The LPA consists of a 16.1 mile route with 16 proposed "rapid bus" style station locations. The sbX route will start at Palm Avenue and travel southeast on Kendall Drive, then south to "E" Street, through downtown San Bernardino, then east on Hospitality Lane, south on Tippecanoe Avenue/Anderson Street past Loma Linda University Medical Center, and then east on Barton Road to the Jerry Pettis Memorial Veterans Health Center. Upon adoption of the LPA, Omnitrans was authorized to develop a Funding Plan for the sbX Project to include financial support from federal, state, local and private sources. The sbX project received initial approval from the Federal transit Agency ("FTA") Small Starts Program in December of 2007. Omnitrans is the authorized recipient of the FTA funds and will be the conduit to deliver this multi million dollar transportation project to the City through the FTA. Recognizing the sbX project as being essential to remedy the decline of the existing transit services and the need for redevelopment along the "E" Street corridor, the Mayor and Common Council adopted the LPA in concept in December of 2005. On July 21, 2008, the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission") approved a Memorandum of Understanding ("MOU") by and among the City, the Agency, Omnitrans and the San Bernardino Associated Governments. The purpose of that MOU was to promote mass transit, the planning and funding of various transportation projects, and the construction of the San Bernardino Intermodal Transit Center at the southwest corner of the intersection of"E" Street and Rialto Avenue. Together, these projects will play a major role in the City's future downtown revitalization efforts. This MOU served as a good faith statement by all parties to work in cooperation to achieve the City's transit goals. U:\SBX\MCC 8-3-2009\Staff Report-SBX.dm-9/1612009-4:39:17 PM 1 ATTACHED FOR REFERENCE—September 21, 2009 When the MOU was adopted in 2008, it was anticipated that there would be several forthcoming agreements, either among all the parties to the MOU or separate agreements between various parties, to implement individual aspects of the transportation projects envisioned. This Master Cooperative Agreement ("Agreement") is the first of those anticipated agreements and identifies specific responsibilities of the City, the Agency and Omnitrans in the design, construction and administration of the"E" Street Corridor sbX Bus Rapid Transit Project. Originally, separate joint agreements between the City and Omnitrans and the Agency and Omnitrans were planned to be presented to the Council and Commission through the EDA. These Agreements were presented to the RDA in January of 2009, who recommended the item to the full council. Due to a number of factors, including staff turnover at Omnitrans,there has been an unavoidable delay in the drafting of this document. In addition, due to the limited scope of the original Agency agreement and the sharing of responsibilities between Omnitrans, the City and the Agency for the various contributions and in-kind commitments, it was determined that a single three party agreement through the City would be most effective. ORGANIZATION COMMITMENTS Each of the parties to this Agreement acknowledges that their various commitments to one another will occur within the Implementation Phase, Contraction Phase, and Operational Phase of project development unless otherwise specified in this Agreement. It is also understood that these phases may overlap and are distinguished by phases only for the purpose of organizing and discussing the commitments. City Commitments Pursuant to the Agreement, during the Implementation Phase of the Project, the City will, as part of its in-kind contribution, commit to the following: • Waive all plan check fees, inspection fees and permit costs associated with the Project. (Pursuant to Section 6.3 of the Agreement, the Agency has agreed to transfer funds into the City CIP Account SS10-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project.) • Grant to Omnitrans all necessary encroachment permits for use of City rights of way within the Project corridor. • Provide sufficient staffing levels to assist Omnitrans throughout the Project, including: attending planning meetings; reviewing engineering design plans and specifications; reviewing traffic patterns and traffic lane closures; providing maps and engineering drawings on file with the City, reviewing new traffic signal patterns and synchronizations with existing traffic signals; coordinating the relocation of utility lines; assisting in the design, site selection and location of all transit stops and stations. • Provide inspection, construction and preconstruction activities in coordination with the Omnitrans provided Construction Management Services firm. • Provide Omnitrans with such map, descriptions, and engineering drawings as may currently be on file with the City, including such information which may be available as to the locations and descriptions of utilities within City public rights- of-way within the sbX Corridor-San Bernardino. U:\SBX\MCC 8-3-2009\Staff Report-SBX.dm-9/162009-4:39:17 PM 2 ATTACHED FOR REFERENCE—September 21, 2009 During the Construction Phase of the Project, the City will: ■ Purchase, with a full reimbursement from Omnitrans, the Traffic Signal Priority equipment to ensure compatibility with existing City traffic signal equipment. ■ Provide inspectors to review and inspect all aspects of the construction work, relocation of all utility lines and auxiliary facilities. ■ Assist construction of the Project by allowing Omnitrans access to available and acceptable City owned properties for the purpose of storing construction equipment and staging construction activities. Neither the City nor Agency is required to acquire property for this use. Omnitrans will be responsible for the insurance and security of the equipment on site. ■ Work cooperatively with Omnitrans to coordinate traffic control during the Construction Phase of the Project. During the Operational Phase of the Project,the City will: • Be responsible for the repair and maintenance of all landscaping located on City owned property or within City public rights-of-way. • Be responsible for the maintenance of all dedicated streets and rights-of-way within the Project. • Be responsible for the operation, repair and maintenance of all street lighting that is replaced by Omnitrans. • Be responsible for the operation, repair and maintenance of all traffic control signals and Traffic Signal Priority equipment located at public rights-of-way intersections or crossings along the Project. • Allow Omnitrans reasonable access to modify or revise the Transit Signal Priority as reasonably necessary to enhance or improve the timing of scheduled sbX transit bus service. • Be responsible for the repair and maintenance of all Traffic Control Signage located on, upon, inside or within City owned property or any City public right- of-way. As part of the transit friendly land use patterns, the City is required to adopt Transit Oriented Development ("TOD") guidelines to encourage mixed use and transit friendly development at the station locations. It is important to note that the adoption of this Agreement constitutes approval in concept of the TOD guidelines. The implementation of any of these guidelines shall require official action by the Planning Commission and the Mayor and Common Council. The City is required to determine on at least an annual basis the value of all permits, waivers or deferral of fees, costs of staff and consultants assigned to the Project and other costs incurred and paid by the City. The City shall submit to Omnitrans such annual compilation of the "in-kind" costs and services that the City has contributed towards the Project during the Implementation and Construction Phases on or before January 1 of each calendar year commencing January 1, 2010. Agency Commitments Pursuant to the Master Cooperative Agreement,the Economic Development Agency will: U:\SBX\MCC 8-3-2009\Staff Report-SBX.doe-9/16/2009-4:39:17 PM 3 ATTACHED FOR REFERENCE—September 21, 2009 ■ Provide office space in the EDA building located at 201 North E Street in San Bernardino for use by Omnitrans employees and consultants in furtherance of the Project. • Designate approximately 200 parking spaces in Agency-owned parking facilities in close proximity to the Project stations located in the downtown area of the City of San Bernardino, for the exclusive use of park-and-ride commuters using the sbX bus rapid transit service. The Agency will retain ownership and control of the designated parking spaces and may be relocated by the Agency, if deemed necessary. • Transfer funds into the City CIP Account SS10-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project. ENVIRONMENTAL IMPACT: Approval of these Agreements have no environmental impact under the California Environmental Quality Act("CEQA") Guidelines. FISCAL IMPACT: The Agency will provide 2,785 square feet of office space to Omnitrans staff at 201 North "E" Street with an annual fair market value of $55,143. This office space will be provided for a period not to exceed three (3) years. The City will provide sufficient planning and engineering personnel for a period not to exceed 18 months. As part of this Agreement, the Economic Development Agency agrees to deposit funds into CIP Project Account SS10-07, for the cost of all City plan check and inspection fees and all permit costs associated with the project. Waiving the fees associated with the plan check fees and permit costs will have no negative impact to the General Fund. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. U:\SBX\MCC 8-3-2009\Staff Report-SBX.dm-9/16/2009-4:39:17 PM 4 kAUlL: UU1'1rRN1VN xn SULUllUN UDG/ZUU9-») 1 RESOLUTION NO. 2009-326 COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER 3 COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, 4 THE REDEVELOPMENT AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT. 5 6 WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "City") 7 recognizes the need to promote mass transit, the planning and funding of various transportation 8 projects and the construction of the San Bernardino Express ("sbX") Bus Rapid Transit Project, 9 which together will play a major effort in the future downtown revitalization to be undertaken by 10 the City and the Redevelopment Agency (the Agency"); and 11 12 WHEREAS, the City recognizes the benefits to be derived from entering into a Master 13 Cooperative Agreement ("Agreement") with the Agency and Omnitrans, which states the 14 purposes and goals of the parties in implementing, constructing and operating the sbX Bus Rapid 15 Transit Project within the City; and 16 WHEREAS, the Agreement in the form as attached hereto as Exhibit "A" sets forth the 17 roles and responsibilities of the City, the Agency and Omnitrans in the implementation, 18 19 construction and operation of the sbX Bus Rapid Transit Project; and 20 WHEREAS, Omnitrans, as the Lead Agency under the California Environmental Quality 21 Act ("CEQA"), prepared an Environmental Assessment/Initial Study pursuant to the 22 requirements of CEQA; and 23 WHEREAS, on August 19, 2009, the Omnitrans Board of Directors adopted a Mitigated 24 Negative Declaration and Mitigation Monitoring and Reporting Program and filed a Notice of 25 Determination with respect to the actions taken by Omnitrans pursuant to CEQA; and 26 27 WHEREAS, on September 21, 2009, the Mayor and Common Council as a Responsible 28 Agency under CEQA, independently reviewed, analyzed and exercised independent judgment in 2009-326 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER 2 COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, 3 THE REDEVELOPMENT AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT. 4 5 the consideration of the Mitigated Negative Declaration as previously prepared and adopted by 6 Omnitrans. 7 NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY 8 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 9 10 Section 1. The Mayor and Common Council hereby certify as follows: 11 (a) that the Mayor and Common Council independently reviewed and considered the 12 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 13 as adopted by Omnitrans to thus provide the City with the basis to approve the City 14 identified "project", which is approval of the Refined Locally Preferred Alternative 15 (RLPA) and the approval and execution of the Agreement as attached to this 16 Resolution; and 17 18 (b) in reliance upon the facts and statements as contained in the Staff Report 19 accompanying this Resolution, the Mayor and Common Council hereby further 20 finds and determines that the facts as presented in said Staff Report support the 21 determination of the City that the City identified "project", the approval of the 22 RLPA and the approval and execution of the Agreement, is consistent with the 23 24 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 25 as prepared, approved and adopted by Omnitrans. 26 Section 2. The Mayor and Common Council hereby adopts the Refined Locally 27 Preferred Alternative as previously adopted by Omnitrans. 28 2 2009-326 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, 3 THE REDEVELOPMENT AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT. 4 5 Section 3. The Mayor and Common Council hereby authorizes the City Manager to 6 execute on behalf of the City, the Master Cooperative Agreement by and among the City, the 7 Agency and Omnitrans for the development of the "E" Street Corridor sbX Bus Rapid Transit Project 8 in the form as attached hereto as Exhibit "A" and by reference made a part hereof. 9 10 Section 4 Authorization to execute this Agreement is rescinded in the event the 11 Agreement is not fully executed and delivered by all parties within ninety (90) days from and 12 after the effective date of this Resolution. 13 Section 5. The Mayor and Common Council further authorizes and directs 14 Development Services staff to file a Notice of Determination with the Clerk of the Board of 15 Supervisors of the County of San Bernardino, certifying the compliance by the City with CEQA 16 17 in making the determinations of the Mayor and Common Council as set forth in this Resolution. 18 Section 6. This Resolution shall take effect from and after the date of approval and 19 execution hereof by the appropriate individuals. 20 21 22 23 24 25 26 27 28 3 2009-326 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, 2 THE REDEVELOPMENT AGENCY AND OMNITRANS FOR THE DEVELOPMENT 3 OF THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 5 joint 6 Development Commission of the City of San Bernardino at a regular meeting thereof, 7 held on the 21stday of September 2009, by the following vote to-wit: 8 Council Members: YES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 BAXTER x 11 BRINKER x 12 13 SHORETT X -- 14 KELLEY x 15 JOHNSON x 16 MCCAMMACK x 17 Rac. 1 G. Clark, City Clerk 19 The foregoing Resolution is hereby approved this day of September 2009. 20 21 atric J. Monis, Mayor 22 Approved as to form: City of San Bernardino 23 JAMES FAPENMANI 24 City Atto ey 25 By: 26 27 28 4 CITY OF SAN BERNARDINO Interoffice Memorandum I CITY CLERK'S OFFICE i DATE: September 29, 2009 I TO: Wasana Chantha, Executive Secretary Economic Development Agency 1 j FROM: Margaret Fedor, Executive Assistant to the City Clerk RE: Transmitting Documents for Signature—Resolution No. CDC/2009-55 At the Mayor and Common Council meeting of September 21, 2009, the City of San Bernardino adopted Resolution No. CDC/2009-55 —Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to execute a Master Cooperative Agreement by and + among the City of San Bernardino, the Agency and Omnitrans for the Development of the "E" Street Corridor sbX Bus Rapid Transit Project. Attached are one (1) original copy of the agreement and two (2) duplicate originals to be executed. Please obtain signatures in the appropriate locations and return the original to Margaret Fedor in the City Clerk's Office as soon as possible. Please retain one duplicate contract for your records and forward the other to the appropriate party. Thank you. I hereb i owledge receipt of the above mentioned documents. Si / p h PLEASE SIGN AND RETURN Date: CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE DATE: October 13, 2009 TO: Wasana Chantha, Executive Secretary Economic Development Agency FROM: Margaret Fedor, Executive Assistant to the City Clerk RE: Transmitting Executed Documents—Resolution No. CDC/2009-55 At the Mayor and Common Council meeting of September 21, 2009, the City of San Bernardino adopted Resolution No. CDC/2009-55 —Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to execute a Master Cooperative Agreement by and among the City of San Bernardino, the Agency and Omnitrans for the Development of the "E" Street Corridor sbX Bus Rapid Transit Project. Attached is a fully executed copy of the original agreement for your records. The City Clerk's Office has retained an original agreement for our records. Thank you. T iu7v� �e��oo9 5S Letter of Transmittal Date: October 8, 2009 O!R NIiRANS To: MARGARET FEDOR From: Susan Robinson City of San Bernardino ( sbY Project Office City Clerks Office 201 North E Street, Suite 202 San Bernardino, CA 92401 909-963-5230 (Telephone) 909-963-5249(Fax) We are sending you via:_FedEx X Hand Delivered _Messenger_Pick up We are Sending You: N _Attached _Under Separate cover via -? _Shop Drawings X Documents ° C _Prints _Specifications _Copy of letter _Other co c' 3 -� co -) Quantity Description 2 "wet ink" signed MOD's between the City of San Bernardino, The City of San Bernardino Economic Development Agency and Omnitrans The MOU was approved and signed by Omnitrans on October 7, 2009 These are transmitted as checked below: _For Approval Approved as Submitted _Resubmit Copies for Approval _For Your Use Approved as Noted _Submit Copies for Distribution _As Requested Returned for Corrections _Return __Corrected Prints If material received is not listed. Please notify us at (909) 963-5236 Print Name: Susan Robinson Signature: CC: Project Files P:\New Planning\sbX IPMO\Transmittals Sent\City of San Bernardino signed MOU 100709.doc COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF 3 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF 4 SAN BERNARDINO, THE AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF 5 THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 7 recognizes the need to promote mass transit, the planning and funding of various transportation projects and the construction of the San Bernardino Express ("sbV) Bus Rapid Transit Project, 8 which together with other redevelopment projects of the Agency will constitute a major effort 9 in the future downtown revitalization to be undertaken by the City of San Bernardino (the 10 "City") and the Agency; and 11 WHEREAS, the Agency recognizes the benefits to be derived from entering into a 12 Master Cooperative Agreement ("Agreement') with the City and Omnitrans, which states the 13 purposes and goals of the parties in implementing, constructing and operating the sbX Bus 14 Rapid Transit Project within the City; and WHEREAS, the Agreement in the form as attached hereto as Exhibit "A" sets forth the 15 roles and responsibilities of the City, the Agency and Omnitrans in the implementation, 16 construction and operation of the sbX Bus Rapid Transit Project; and 17 WHEREAS, Omnitrans, as the Lead Agency under the California Environmental 18 Quality Act ("CEQA"), prepared an Environmental Assessment/Initial Study pursuant to the 19 requirements of CEQA; and 20 WHEREAS, on August 19, 2009, Omnitrans Board of Directors adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and filed a Notice of 21 Determination with respect to the actions taken by Omnitrans pursuant to CEQA; and 22 WHEREAS, on September 21, 2009, the Community Development Commission of the 23 City of San Bernardino (the "Commission"), on behalf of the Agency as a Responsible Agency 24 under CEQA, independently reviewed, analyzed and exercised independent judgment in the 25 consideration of the Mitigated Negative Declaration as previously prepared and adopted by 26 Omnitrans. 27 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF 1 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO 2 EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF 3 THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT 4 NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY 5 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN 6 BERNARDINO, AS FOLLOWS: 7 Section 1. The Commission hereby certifies that the Commission on behalf of the 8 Agency in approving the Agreement as provided in Section 2 hereof does hereby find and 9 10 determine as follows: 11 (a) that the Commission independently and considered the Mitigated Negative 12 Declaration and Mitigation Monitoring and Reporting Program as adopted by the 13 Lead Agency to thus provide the Commission with the basis to approve the 14 Agency identified "project' being the approval and execution of the Agreement as 15 attached to this Resolution; and 16 17 (b) in reliance upon the facts and statements as contained in the Staff Report 18 accompanying the presentation of this Resolution to the Commission, the 19 Commission hereby further finds and determines that the facts as presented in said 20 Staff Report support the legal position of the Agency that the Agency identified 21 "project'to approve and execute the Agreement is consistent with the prior CEQA 22 documentation as prepared, approved and certified by the Lead Agency. 23 Section 2. The Commission hereby authorizes the Interim Executive Director of 24 25 the Agency to execute on behalf of the Agency the Master Cooperative Agreement by and among 26 the City, the Agency and Omnitrans for the development of the "E" Street Corridor sbX Bus Rapid 27 28 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF 1 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO 2 EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF 3 THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT 4 Transit Project in the form as attached hereto as Exhibit "A" and by reference made a part 5 hereof. 6 7 Section 3. This Resolution shall be void and of no further force and effect in the 8 event the Agreement is not fully executed and delivered by all parties within ninety (90) days 9 from and after the effective date of this Resolution. 10 Section 4. The Commission further authorizes and directs Agency staff to file a 11 Notice of Determination with the Clerk of the Board of Supervisors of the County of San 12 Bernardino, certifying the compliance by the Agency with CEQA in making the determinations 13 14 of the Commission on behalf of the Agency as set forth in this Resolution. 15 Section 5. This Resolution shall take effect from and after the date of approval and 16 execution hereof by the appropriate individuals. 17 18 19 20 21 22 23 24 25 26 27 28 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF 1 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO 2 EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF 3 THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 6 Community Development Commission of the City of San Bernardino at a 7 meeting thereof, held on the _day of , 2009, by the 8 following vote to-wit: 9 10 Commission Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER 14 15 SHORETT 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 Rachel G. Clark, Secretary 21 The foregoing Resolution is hereby approved this day of 22 2009. 23 24 Patrick J. Morris, Chairperson Community Development Commission of 25 the City of San Bernardino Approved to form: 26 27 By` A enc ou el 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF 1 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO 2 EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF 3 THE "E" STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT 4 EXHIBIT "A" 5 MASTER COOPERATIVE AGREEMENT 6 [NOTE: Agreement attached only to Council Resolution for agenda purposes] 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL A From: Charles McNeely, City Manager Subject: Resolutions autho g ter Cooperative Agreement by and between Dept: City Manager's Office Omnitrans, the City of San Bernardino, the Redevelopment Agency of the City of San Date: September 15, 2009 Bernardino for the Development of the "E" Street Corridor sbX Rapid Transit Project. Council Meeting Date: September 21, 2009 Synopsis of Previous Council Action: 09/08/2009—The Mayor and Common Council continued the matter to September 21,2009. 08/03/2009—The Mayor and Common Council continued the matter to September 8, 2009. 07/21/2008 — The Mayor and Common Council and Community Development Commission adopted an MOU with Omnitrans regarding the development of transit oriented projects. December,2005—The Mayor and Common Council adopted in concept the Locally Preferred Alternative (LPA)for the"D" Street Transit Corridor and transit supportive uses adjacent to the LPA stations. Recommended Motion: Mayor and Common Council Adopt Resolution. Community Development Commission Adopt Resolution. Si tune Contact person: Catherine Pritchett, Management Analyst Phone: 384-5122 Supporting data attached: Staff report, resolutions, agreement Ward: ls` 2nd 3`d, 5'and 7u' FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: QQ Xe'an 6� 6"li Agenda Item No. I CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolutions authorizing a Master Cooperative Agreement by and among Omnitrans, the City of San Berardino, the Redevelopment Agency of the City of San Bernardino for the development of the "E" Street Corridor sbX Rapid Transit Project. Background: At the August 3, 2009 Mayor and Common Council meeting, this item was continued to September 8, 2009, and then continued to September 21, 2990. Refer to the August 3, 2009 staff report for a more complete discussion (attached for reference). Environmental Determination: Omnitrans, as the Lead Agency as defined in Section 15367 of the California Environmental Quality Act (CEQA), prepared an Environmental Assessmenbinitial Study in compliance with CEQA. On August 19, 2009, Omnitrans adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) and filed a Notice of Determination with the Clerk of the Board of Supervisors and the State Clearinghouse. As the Lead Agency, Omnitrans has primary responsibility for approving and constructing the project and for carrying out the mitigation measures in the MMRP. The City of San Berardino is a Responsible Agency as defined in Section 15381 of CEQA. The City has discretionary review authority over certain aspects of the project, but will not construct the project. The City is not responsible for completion of any of the mitigation measures, but will ensure that Omnitrans complies with the MMRP. Financial Impact: The Agency will provide 1,421 square feet of office space to Omnitrans staff at 201 North "E" Street with an annual fair market value of$28,140. This office space will be provided for a period not to exceed three (3) years. The City will provide sufficient planning and engineering personnel for a period not to exceed 18 months. As part of this Agreement, the Agency agrees to deposit funds into CIP Project Account SS 10-07, for the cost of all City plan check and inspection fees and permit costs will have no negative impact to the General Fund. The Agency will also reimburse the Municipal Water Department for plan check and permit costs associated with the project. Recommendation: Mayor and Common Council Adopt the Resolution. Community Development Commission • Adopt the Resolution. ATTACHED FOR REFERENCE—September 21,2009 STAFF REPORT MASTER COOPERATIVE AGREEMENT FOR THE SBX BUS RAPID TRANSIT PROJECT BY OMNITRANS BACKGROUND: The City of San Bernardino ("City") has historically been known for its low-density, suburban growth patterns. However, as with many other Southern California communities, it is reexamining this growth model in the face of concerns about air quality, climate change and the growing demand for walkable, transit-accessible neighborhoods. San Bernardino is at the forefront of this trend, taking advantage of the growing interest in downtown living, to draw new public and private investment into its historic core. Downtown San Bernardino is poised to experience a renaissance in the coming decades, as a number of catalytic redevelopment projects and transit improvements are completed. Working with the Economic Development Agency ("Agency"), the City is focusing on increasing homeownership opportunities, concentrating employment downtown, and engaging City's ethnically and culturally diverse population. Civic leaders are drawing new investment into the historic core, taking advantage of a resurging interest in walkable communities and the growing "healthy cities"movement in the Inland Empire. On December 7, 2005, the Omnitrans Board of Directors adopted a Locally Preferred Alternative (the "LPA") of the "E" Street Corridor sbX Bus Rapid Transit Project (the "Project"). The LPA consists of a 16.1 mile route with 16 proposed "rapid bus" style station locations. The sbX route will start at Palm Avenue and travel southeast on Kendall Drive, then south to "E" Street, through downtown San Bernardino, then east on Hospitality Lane, south on Tippecanoe Avenue/Anderson Street past Loma Linda University Medical Center, and then east on Barton Road to the Jerry Pettis Memorial Veterans Health Center. Upon adoption of the LPA, Omnitrans was authorized to develop a Funding Plan for the sbX Project to include financial support from federal, state, local and private sources. The sbX project received initial approval from the Federal transit Agency ("FTA") Small Starts Program in December of 2007. Omnitrans is the authorized recipient of the FTA funds and will be the conduit to deliver this multi million dollar transportation project to the City through the FTA. Recognizing the sbX project as being essential to remedy the decline of the existing transit services and the need for redevelopment along the "E" Street corridor, the Mayor and Common Council adopted the LPA in concept in December of 2005. On July 21, 2008, the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission') approved a Memorandum of Understanding ("MOU") by and among the City, the Agency, Omnitrans and the San Bernardino Associated Governments. The purpose of that MOU was to promote mass transit, the planning and funding of various transportation projects, and the construction of the San Bernardino Intermodal Transit Center at the southwest corner of the intersection of"E" Street and Rialto Avenue. Together, these projects will play a major role in the City's future downtown revitalization efforts. This MOU served as a good faith statement by all parties to work in cooperation to achieve the City's transit goals. U:ISBX\MCC 8-3-2009\Staff Report-SBX.doc-9/162009-4:39:17 PM 1 ATTACHED FOR REFERENCE— September 21, 2009 When the MOU was adopted in 2008, it was anticipated that there would be several forthcoming agreements, either among all the parties to the MOU or separate agreements between various parties, to implement individual aspects of the transportation projects envisioned. This Master Cooperative Agreement ("Agreement") is the first of those anticipated agreements and identifies specific responsibilities of the City, the Agency and Omnitrans in the design, construction and administration of the "E" Street Corridor sbX Bus Rapid Transit Project. Originally, separate joint agreements between the City and Omnitrans and the Agency and Omnitrans were planned to be presented to the Council and Commission through the EDA. These Agreements were presented to the RDA in January of 2009, who recommended the item to the full council. Due to a number of factors, including staff turnover at Omnitrans, there has been an unavoidable delay in the drafting of this document. In addition, due to the limited scope of the original Agency agreement and the sharing of responsibilities between Omnitrans, the City and the Agency for the various contributions and in-kind commitments, it was determined that a single three party agreement through the City would be most effective. ORGANIZATION COMMITMENTS Each of the parties to this Agreement acknowledges that their various commitments to one another will occur within the Implementation Phase, Contraction Phase, and Operational Phase of project development unless otherwise specified in this Agreement. It is also understood that these phases may overlap and are distinguished by phases only for the purpose of organizing and discussing the commitments. City Commitments Pursuant to the Agreement, during the Implementation Phase of the Project, the City will, as part of its in-kind contribution, commit to the following: • Waive all plan check fees, inspection fees and permit costs associated with the Project. (Pursuant to Section 6.3 of the Agreement, the Agency has agreed to transfer funds into the City CIP Account SS10-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project.) • Grant to Omnitrans all necessary encroachment permits for use of City rights of way within the Project corridor. ■ Provide sufficient staffing levels to assist Omnitrans throughout the Project, including: attending planning meetings; reviewing engineering design plans and specifications; reviewing traffic patterns and traffic lane closures; providing maps and engineering drawings on file with the City, reviewing new traffic signal patterns and synchronizations with existing traffic signals; coordinating the relocation of utility lines; assisting in the design, site selection and location of all transit stops and stations. • Provide inspection, construction and preconstruction activities in coordination with the Omnitrans provided Construction Management Services firm. • Provide Omnitrans with such map, descriptions, and engineering drawings as may currently be on file with the City, including such information which may be available as to the locations and descriptions of utilities within City public rights- of-way within the sbX Corridor-San Bernardino. U:1.SBX\MCC 8-3-20091Stsff Report-SBX.dm-9/162009-4:39:17 PM 2 ATTACHED FOR REFERENCE—September 21, 2009 During the Construction Phase of the Project, the City will: • Purchase, with a full reimbursement from Omnitrans, the Traffic Signal Priority equipment to ensure compatibility with existing City traffic signal equipment. • Provide inspectors to review and inspect all aspects of the construction work, relocation of all utility lines and auxiliary facilities. • Assist construction of the Project by allowing Omnitrans access to available and acceptable City owned properties for the purpose of storing construction equipment and staging construction activities. Neither the City nor Agency is required to acquire property for this use. Omnitrans will be responsible for the insurance and security of the equipment on site. • Work cooperatively with Omnitrans to coordinate traffic control during the Construction Phase of the Project. During the Operational Phase of the Project, the City will: • Be responsible for the repair and maintenance of all landscaping located on City owned property or within City public rights-of-way. • Be responsible for the maintenance of all dedicated streets and rights-of-way within the Project. • Be responsible for the operation, repair and maintenance of all street lighting that is replaced by Omnitrans. • Be responsible for the operation, repair and maintenance of all traffic control signals and Traffic Signal Priority equipment located at public rights-of-way intersections or crossings along the Project. • Allow Omnitrans reasonable access to modify or revise the Transit Signal Priority . as reasonably necessary to enhance or improve the timing of scheduled sbX transit bus service. • Be responsible for the repair and maintenance of all Traffic Control Signage located on, upon, inside or within City owned property or any City public right- of-way. As part of the transit friendly land use patterns, the City is required to adopt Transit Oriented Development ("TOD") guidelines to encourage mixed use and transit friendly development at the station locations. It is important to note that the adoption of this Agreement constitutes approval in concept of the TOD guidelines. The implementation of any of these guidelines shall require official action by the Planning Commission and the Mayor and Common Council. The City is required to determine on at least an annual basis the value of all permits, waivers or deferral of fees, costs of staff and consultants assigned to the Project and other costs incurred and paid by the City. The City shall submit to Omnitrans such annual compilation of the "in-kind" costs and services that the City has contributed towards the Project during the Implementation and Construction Phases on or before January 1 of each calendar year commencing January 1, 2010. Agency Commitments Pursuant to the Master Cooperative Agreement, the Economic Development Agency will: U:\SBXWCC 8-3-2009\Stafl Report-SBX.dm-9/16/2009-4:39:17 PM 1 ATTACHED FOR REFERENCE— September 21, 2009 • Provide office space in the EDA building located at 201 North E Street in San Bernardino for use by Omnitrans employees and consultants in furtherance of the Project. • Designate approximately 200 parking spaces in Agency-owned parking facilities in close proximity to the Project stations located in the downtown area of the City of San Bernardino, for the exclusive use of park-and-ride commuters using the sbX bus rapid transit service. The Agency will retain ownership and control of the designated parking spaces and may be relocated by the Agency, if deemed necessary. • Transfer funds into the City CIP Account SS 10-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project. ENVIRONMENTAL IMPACT: Approval of these Agreements have no environmental impact under the California Environmental Quality Act ("CEQA") Guidelines. FISCAL IMPACT: The Agency will provide 2,785 square feet of office space to Omnitrans staff at 201 North "E" Street with an annual fair market value of $55,143. This office space will be provided for a period not to exceed three (3) years. The City will provide sufficient planning and engineering personnel for a period not to exceed 18 months. As part of this Agreement, the Economic Development Agency agrees to deposit funds into CIP Project Account SS10-07, for the cost of all City plan check and inspection fees and all permit costs associated with the project. Waiving the fees associated with the plan check fees and permit costs will have no negative impact to the General Fund. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. U:tSBX\MCC 8-3-20091Staff Report-SBX.dm-9/162009.4:39:17 PM 4 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Charles McNeely, City Manager Subject: Resolutions authorizing a Master Cooperative Agreement by and between Prepared by: Catherine Pritchett. Omnitrans, the City of San Bernardino, and Management Analyst 1 the Economic Development Agency of the City of San Bernardino for the Development Dept: City Manager's Office of the "E" Street Corridor SBX Rapid Transit Project. Date June 25, 2009 Meeting Date: August 3, 2009 Synopsis of Previous Council Action 7/21/2008—Mayor and Common Council and CDC adopt an MOU by and among the City of San Bernardino,the Redevelopment Agency of the City of San Bernardino, Omnitrans and the City of San Bernardino regarding the development of transit oriented projects. 12/2005 - The Mayor and Common Council adopt in concept the Locally Preferred Alternative (LPA) for the E Street Transit Corridor and transit supportive uses adjacent to the LPA stations Recommended Motion: Adopt Resolutions. Mayor and Common Council Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Transit Project. Community Development Commission Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Executive Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Trans roje t Signature Contact person: Catherine Pritchett, Management Analyst I Phone: 384-5122 Supporting data attached: Staff Report, Resolution, Agreement, Ward: 1s` 2"a 3`a 5`'and 7a' and Attachments FUNDING REQUIREMENTS: No cost to the City Amount: Source: Finance: Co ell Notes: u4l � 3 D u 9 � a Agenda Item / 9/z��d9 STAFF REPORT MASTER COOPERATIVE AGREEMENT FOR THE SBX BUS RAPID TRANSIT PROJECT BY OMNITRANS BACKGROUND: The City of San Bernardino ("City") has historically been known for its low-density, suburban growth patterns. However, as with many other Southern California communities, it is reexamining this growth model in the face of concerns about air quality, climate change and the growing demand for walkable, transit-accessible neighborhoods. San Bernardino is at the forefront of this trend, taking advantage of the growing interest in downtown living,to draw new public and private investment into its historic core. Downtown San Bernardino is poised to experience a renaissance in the coming decades, as a number of catalytic redevelopment projects and transit improvements are completed. Working with the Economic Development Agency ("Agency"), the City is focusing on increasing homeownership opportunities, concentrating employment downtown, and engaging City's ethnically and culturally diverse population. Civic leaders are drawing new investment into the historic core, taking advantage of a resurging interest in walkable communities and the growing "healthy cities" movement in the Inland Empire. On December 7, 2005, the Omnitrans Board of Directors adopted a Locally Preferred Alternative (the "LPA") of the "E" Street Corridor sbX Bus Rapid Transit Project (the "Project"). The LPA �++ consists of a 16.1 mile route with 16 proposed "rapid bus" style station locations. The sbX route will start at Palm Avenue and travel southeast on Kendall Drive, then south to "E" Street, through downtown San Bernardino, then east on Hospitality Lane, south on Tippecanoe Avenue/Anderson Street past Loma Linda University Medical Center, and then east on Barton Road to the Jerry Pettis Memorial Veterans Health Center. Upon adoption of the LPA, Omnitrans was authorized to develop a Funding Plan for the sbX Project to include financial support from federal, state, local and private.sources. The sbX project received initial approval from the Federal transit Agency ("FTA") Small Starts Program in December of 2007. Omnitrans is the authorized recipient of the FTA funds and will be the conduit to deliver this multi million dollar transportation project to the City through the FTA. Recognizing the sbX project as being essential to remedy the decline of the existing transit services and the need for redevelopment along the "E" Street corridor, the Mayor and Common Council adopted the LPA in concept in December of 2005. On July 21, 2008, the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission") approved a Memorandum of Understanding ("MOU") by and among the City, the Agency, Omnitrans and the San Bernardino Associated Governments. The purpose of that MOU was to promote mass transit, the planning and funding of various transportation projects, and the construction of the San Bernardino Intermodal Transit Center at the southwest corner of the intersection of"E" Street and Rialto Avenue. Together, these projects will play a major role in �... the City's future downtown revitalization efforts. This MOU served as a good faith statement by all parties to work in cooperation to achieve the City's transit goals. U:ISBX\MCC 8-3-2009\StafPReport-SBX.dm-7/142009-10:13:29 AM I When the MOU was adopted in 2008, it was anticipated that there would be several forthcoming agreements, either among all the parties to the MOU or separate agreements between various parties, to implement individual aspects of the transportation projects envisioned. This Master Cooperative Agreement ("Agreement") is the first of those anticipated agreements and identifies specific responsibilities of the City, the Agency and Omnitrans in the design, construction and administration of the "E" Street Corridor sbX Bus Rapid Transit Project. Originally, separate joint agreements between the City and Omnitrans and the Agency and Omnitrans were planned to be presented to the Council and Commission through the EDA. These Agreements were presented to the RDA in January of 2009, who recommended the item to the full council. Due to a number of factors, including staff turnover at Omnitrans, there has been an unavoidable delay in the drafting of this document. In addition, due to the limited scope of the original Agency agreement and the sharing of responsibilities between Omnitrans, the City and the Agency for the various contributions and in-kind commitments, it was determined that a single three party agreement through the City would be most effective. ORGANIZATION COMMITMENTS Each of the parties to this Agreement acknowledges that their various commitments to one another will occur within the Implementation Phase, Contraction Phase, and Operational Phase of project development unless otherwise specified in this Agreement. It is also understood that these phases may overlap and are distinguished by phases only for the purpose of organizing and discussing the commitments. City Commitments Pursuant to the Agreement, during the Implementation Phase of the Project, the City will, as part of its in-kind contribution, commit to the following: • Waive all plan check fees, inspection fees and permit costs associated with the Project. (Pursuant to Section 6.3 of the Agreement, the Agency has agreed to transfer funds into the City CIP Account SSIO-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project.) • Grant to Omnitrans all necessary encroachment permits for use of City rights of way within the Project corridor. • Provide sufficient staffing levels to assist Omnitrans throughout the Project, including: attending planning meetings; reviewing engineering design plans and specifications; reviewing traffic patterns and traffic lane closures; providing maps and engineering drawings on file with the City, reviewing new traffic signal patterns and synchronizations with existing traffic signals; coordinating the relocation of utility lines; assisting in the design, site selection and location of all transit stops and stations. • Provide inspection, construction and preconstruction activities in coordination with the Omnitrans provided Construction Management Services firm. • Provide Omnitrans with such map, descriptions, and engineering drawings as may currently be on file with the City, including such information which may be © available as to the locations and descriptions of utilities within City public rights- of-way within the sbX Corridor-San Bernardino. U:\SBX\MCC 8-3-2009\Staff Report-SBX.dw-7/142009.10:15:29 AM 2 During the Construction Phase of the Project, the City will: • Purchase, with a full reimbursement from Omnitrans, the Traffic Signal Priority equipment to ensure compatibility with existing City traffic signal equipment. • Provide inspectors to review and inspect all aspects of the construction work, relocation of all utility lines and auxiliary facilities. • Assist construction of the Project by allowing Omnitrans access to available and acceptable City owned properties for the purpose of storing construction equipment and staging construction activities. Neither the City nor Agency is required to acquire property for this use. Omnitrans will be responsible for the insurance and security of the equipment on site. • Work cooperatively with Omnitrans to coordinate traffic control during the Construction Phase of the Project. During the Operational Phase of the Project, the City will: • Be responsible for the repair and maintenance of all landscaping located on City owned property or within City public rights-of-way. • Be responsible for the maintenance of all dedicated streets and rights-of-way within the Project. • Be responsible for the operation, repair and maintenance of all street lighting that is replaced by Omnitrans. • Be responsible for the operation, repair and maintenance of all traffic control signals and Traffic Signal Priority equipment located at public rights-of-way intersections or crossings along the Project. • Allow Omnitrans reasonable access to modify or revise the Transit Signal Priority as reasonably necessary to enhance or improve the timing of scheduled sbX transit bus service. • Be responsible for the repair and maintenance of all Traffic Control Signage located on, upon, inside or within City owned property or any City public right- of-way. As part of the transit friendly land use patterns, the City is required to adopt Transit Oriented Development ("TOD") guidelines to encourage mixed use and transit friendly development at the station locations. It is important to note that the adoption of this Agreement constitutes approval in concept of the TOD guidelines. The implementation of any of these guidelines shall require official action by the Planning Commission and the Mayor and Common Council. The City is required to determine on at least an annual basis the value of all permits, waivers or deferral of fees, costs of staff and consultants assigned to the Project and other costs incurred and paid by the City. The City shall submit to Omnitraris such annual compilation of the "in-kind" costs and services that the City has contributed towards the Project during the Implementation and Construction Phases on or before January 1 of each calendar year commencing January 1, 2010. Agency Commitments Pursuant to the Master Cooperative Agreement,the Economic Development Agency will: U:\SBX\MCC 8-3.2009\Staff Report-SBX.dm-7/142009-10:15:29 AM 3 ■ Provide office space in the EDA building located at 201 North E Street in San Bernardino of at least 1,200 square feet of office space for use by Omnitrans employees and consultants in furtherance of the Project. ■ Designate approximately 200 parking spaces in Agency-owned arkin facilities in close proximity to the Project stations located in the downtown area of the City of San Bernardino, for the exclusive use of park-and-ride commuters using the sbX bus rapid transit service. The Agency will retain ownership and control of the designated parking spaces and may be relocated by the Agency, if deemed necessary. ■ Transfer funds into the City CIP Account SS10-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project. ENVIRONMENTAL IMPACT: Approval of these Agreements have no environmental impact under the California Environmental Quality Act("CEQA") Guidelines. FISCAL IMPACT: The Agency will provide 1,421 square feet of office space to Omnitrans staff at 201 North "E" Street with an annual fair market value of $28,140. This office space will be provided for a period not to exceed three (3) years. The City will provide sufficient planning and engineering personnel for a period not to exceed 18 months. As part of this Agreement, the Economic Development Agency agrees to deposit funds into CIP Project Account SS 10-07, for the cost of all City plan check and inspection fees and all permit costs associated with the project. Waiving the fees associated with the plan check fees and permit costs will have no negative impact to the General Fund. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. O U:ISBX\MCC 8-3-200913taff Report-SBX.dm-7114/2009-10:15:29 AM 4 9/21/09, Item No. 21 Item History Backup Distributed on 8/3/09, Item No. 8 22. Continued. Community Development Commission B. Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor sbX Rapid Transit Project. (Resolution not available at time of printing.) Approved MOTION: That the matter be continued to September 21, 2009. NYIX=OCK)OCXXXXXXXXXXxxxxxxxxxxxxxxxx3000cxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CONTINUED FROM AUGUST 3, 2009 Development Services 23. Resolution of the City of San Bernardino approving an Agreement for Services with Bureau Veritas North America, Inc. to provide on-call plan review services for the sbX "E" Street Corridor Bus Rapid Transit Project. (No Net Cost to the City - $409,285 EDA Reimbursement) (Backup distributed on August 3, 2009, Item No. 11.) (Resolution not available at time of printing.) Wards 1, 2, 3, 4, 5 & 7 Approved MOTION: That the matter be continued to September 21, 2009. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CONTINUED FROM AUGUST 17, 2009 Development Services 24. Resolution of the City of San Bernardino approving License Agreement No. 09- 37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54C0066). (No Cost to the City) (Backup distributed on April 6, 2009, Item No. 16; item continued to April 20, 2009, Item No. 34; item continued to May 4, 2009, Item No. 27; item continued to May 18, 2009, Item No. 22; item continued to June 1, 2009, Item No. 26; item continued to June 15, 2009, Item No. 40; item continued to July 6, 2009, Item No. 51; item continued to July 20, 2009, Item No. 23; item continued to August 3, 2009, Item No. 30; item continued to August 17, 2009, Item No. 30.) (Resolution not available a time of printing.) Wards 1 & 3 Approved MOTION: That the matter be continued to September 21, 2009 XXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX 10 09/08/2009 PUBLIC HEARINGS TO BE HEARD AT 4:30 P.M. Development Services 21. Public Hearing - Resolution changing the name of 34' Street, between Waterman Avenue and Parkside Drive, to Arrowhead Country Club Way (See Attached) (No Cost to the City) Ward 7 Resolution of the City of San Bernardino changing the name of 34' Street, between Waterman Avenue and Parkside Drive, to Arrowhead Country Club Way, within the corporate limits of the City of San Bernardino. Mayor to open the hearing... Approved MOTION: That the hearing be closed; and that said resolution be adopted. Adopted 2009-316 END OF PUBLIC HEARINGS CONTINUED ITEMS XXXX XXXXXXX CONTINUED FROM AUGUST 3, 2009 City Manager 22. Resolutions authorizing a Master Cooperative Agreement by and between Omnitrans, the City of San Bernardino, and the Economic Development Agency of the City of San Bernardino for the Development of the "E" Street Corridor sbX Rapid Transit Project. (No Net cost to the City) (Backup distributed on August 3, 2009, Item No. 8.) Wards 1, 2, 3, 5, & 7 Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the development of the "E" Street Corridor sbX Rapid Transit Project. (Resolution not available at time of printing.) (Item Continued on Next Page) 9 09/08/2009 7. Personnel Actions. (See Attached) Approved MOTION: That the personnel actions, as submitted by the Chief Examiner, dated July 30, 2009, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. XXXXXXXX XXXXX City Manager 8. Resolutions authorizing a Master Cooperative Agreement by and between Omnitrans, the City of San Bernardino, and the Economic Development Agency of the City of San Bernardino for the Development of the "E" Street Corridor SBX Rapid Transit Project. (See Attached) (No Net cost to the City) Wards 1, 2, 3, 5, & 7 Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Transit Project. (Resolution not available at time of printing.) Community Development Commission B. Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Transit Project. (Resolution not available at time of printing.) No Action Taken MOTION: That said resolutions A and B, be adopted. Approved MOTION: That the matter be continued to September 8, 2009. 300 XXXXX X)OO XXXXXIOMXXXXX XXXXXX 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2009/2010. (See Attached) (No Net Cost to the City - $162,790 in Revenue) (Resolution not available at time of printing.) Ward 1 5 08/03/2009 CITY OF SAN BERNARDINO–REQUEST FOR COUNCIL ACTION From: Charles McNeely, City Manager Subject: Resolutions authorizing a Master Cooperative Agreement by and between Prepared by: Catherine Pritchett, Omnitrans, the City of San Bernardino, and Management Analyst I the Economic Development Agency of the City of San Bernardino for the Development Dept: City Manager's Office of the "E" Street Corridor SBX Rapid Transit Project. Date June 25, 2009 Meeting Date: August 3, 2009 Synopsis of Previous Council Action 7/21/2008–Mayor and Common Council and CDC adopt an MOU by and among the City of San Bernardino,the Redevelopment Agency of the City of San Bernardino, Omnitrans and the City of San Bernardino regarding the development of transit oriented projects. 12/2005 - The Mayor and Common Council adopt in concept the Locally Preferred Alternative (LPA) for the E Street Transit Corridor and transit supportive uses adjacent to the LPA stations Recommended Motion: Adopt Resolutions. Mayor and Common Council Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Transit Project. Community Development Commission Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Executive Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor SBX Rapid Tran ' roje t *11a4— Signature Contact person: Catherine Pritchett,Management Analyst I Phone: 384-5122 Supporting data attached: Staff Report, Resolution,Agreement, Ward: Is` 2na 3`a, 5t'and 7t' and Attachments FUNDING REQUIREMENTS: No cost to the City Amount: Source: Finance: Council Notes: Agenda Item No. 8-3-oq • STAFF REPORT--------------------__-- MASTER COOPERATIVE AGREEMENT FOR THE SBX BUS RAPID TRANSIT PROJECT BY OMNITRANS BACKGROUND: The City of San Bernardino ("City") has historically been known for its low-density, suburban growth patterns. However, as with many other Southern California communities, it is reexamining this growth model in the face of concerns about air quality, climate change and the growing demand for walkable, transit-accessible neighborhoods. San Bernardino is at the forefront of this trend, taking advantage of the growing interest in downtown living, to draw new public and private investment into its historic core. Downtown San Bernardino is poised to experience a renaissance in the coming decades, as a number of catalytic redevelopment projects and transit improvements are completed. Working with the Economic Development Agency ("Agency"), the City is focusing on increasing homeownership opportunities, concentrating employment downtown, and engaging City's ethnically and culturally diverse population. Civic leaders are drawing new investment into the historic core, taking advantage of a resurging interest in walkable communities and the growing "healthy cities"movement in the Inland Empire. On December 7, 2005, the Omnitrans Board of Directors adopted a Locally Preferred Alternative (the "LPA") of the "E" Street Corridor sbX Bus Rapid Transit Project (the "Project"). The LPA consists of a 16.1 mile route with 16 proposed"rapid bus" style station locations. The sbX route will start at Palm Avenue and travel southeast on Kendall Drive, then south to "E" Street, through downtown San Bernardino, then east on Hospitality Lane, south on Tippecanoe Avenue/Anderson Street past Loma Linda University Medical Center, and then east on Barton Road to the Jerry Pettis Memorial Veterans Health Center. Upon adoption of the LPA, Omnitrans was authorized to develop a Funding Plan for the sbX Project to include financial support from federal, state, local and private sources. The sbX project received initial approval from the Federal transit Agency ("FTA") Small Starts Program in December of 2007. Omnitrans is the authorized recipient of the FTA funds and will be the conduit to deliver this multi million dollar transportation project to the City through the FTA. Recognizing the sbX project as being essential to remedy the decline of the existing transit services and the need for redevelopment along the "E" Street corridor, the Mayor and Common Council adopted the LPA in concept in December of 2005. On July 21, 2008, the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission") approved a Memorandum of Understanding ("MOU") by and among the City, the Agency, Omnitrans and the San Bernardino Associated Governments. The purpose of that MOU was to promote mass transit, the planning and funding of various transportation projects, and the construction of the San Bernardino Intermodal Transit Center at the southwest corner of the intersection of"E" Street and Rialto Avenue. Together, these projects will play a major role in the City's future downtown revitalization efforts. This MOU served as a good faith statement by all parties to work in cooperation to achieve the City's transit goals. U:\SBX\MCC 8-3-2009\Staff Report-SBX.dm-7/142009-10:15:29 AM 1 When the MOU was adopted in 2008, it was anticipated that there would be several forthcoming agreements, either among all the parties to the MOU or separate agreements between various parties, to implement individual aspects of the transportation projects envisioned. This Master Cooperative Agreement ("Agreement") is the first of those anticipated agreements and identifies specific responsibilities of the City, the Agency and Omnitrans in the design, construction and administration of the "E" Street Corridor sbX Bus Rapid Transit Project. Originally, separate joint agreements between the City and Omnitrans and the Agency and Omnitrans were planned to be presented to the Council and Commission through the EDA. These Agreements were presented to the RDA in January of 2009, who recommended the item to the full council. Due to a number of factors, including staff turnover at Omnitrans, there has been an unavoidable delay in the drafting of this document. In addition, due to the limited scope of the original Agency agreement and the sharing of responsibilities between Omnitrans, the City and the Agency for the various contributions and in-kind commitments, it was determined that a single three party agreement through the City would be most effective. ORGANIZATION COMMITMENTS Each of the parties to this Agreement acknowledges that their various commitments to one another will occur within the Implementation Phase, Contraction Phase, and Operational Phase of project development unless otherwise specified in this Agreement. It is also understood that these phases may overlap and are distinguished by phases only for the purpose of organizing and discussing the commitments. City Commitments Pursuant to the Agreement, during the Implementation Phase of the Project, the City will, as part of its in-kind contribution, commit to the following: • Waive all plan check fees, inspection fees and permit costs associated with the Project. (Pursuant to Section 6.3 of the Agreement, the Agency has agreed to transfer funds into the City CIP Account SSIO-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project.) • Grant to Omnitrans all necessary encroachment permits for use of City rights of way within the Project corridor. • Provide sufficient staffing levels to assist Omnitrans throughout the Project, including: attending planning meetings; reviewing engineering design plans and specifications; reviewing traffic patterns and traffic lane closures; providing maps and engineering drawings on file with the City, reviewing new traffic signal patterns and synchronizations with existing traffic signals; coordinating the relocation of utility lines; assisting in the design, site selection and location of all transit stops and stations. • Provide inspection, construction and preconstruction activities in coordination with the Omnitrans provided Construction Management Services firm. • Provide Omnitrans with such map, descriptions, and engineering drawings as may currently be on file with the City, including such information which may be available as to the locations and descriptions of utilities within City public rights- of-way within the sbX Corridor-San Bernardino. U:VSBX\MCC 8-3-2009\Statr Report-SBX.dm-7/14n009-10:15:29 AM 2 During the Construction Phase of the Project,the City will: • Purchase, with a full reimbursement from Omnitrans, the Traffic Signal Priority equipment to ensure compatibility with existing City traffic signal equipment. • Provide inspectors to review and inspect all aspects of the construction work, relocation of all utility lines and auxiliary facilities. • Assist construction of the Project by allowing Omnitrans access to available and acceptable City owned properties for the purpose of storing construction equipment and staging construction activities. Neither the City nor Agency is required to acquire property for this use. Omnitrans will be responsible for the insurance and security of the equipment on site. • Work cooperatively with Omnitrans to coordinate traffic control during the Construction Phase of the Project. During the Operational Phase of the Project, the City will: • Be responsible for the repair and maintenance of all landscaping located on City owned property or within City public rights-of-way. • Be responsible for the maintenance of all dedicated streets and rights-of-way within the Project. • Be responsible for the operation, repair and maintenance of all street lighting that is replaced by Omnitrans. • Be responsible for the operation, repair and maintenance of all traffic control signals and Traffic Signal Priority equipment located at public rights-of-way intersections or crossings along the Project. • Allow Omnitrans reasonable access to modify or revise the Transit Signal Priority as reasonably necessary to enhance or improve the timing of scheduled sbX transit bus service. • Be responsible for the repair and maintenance of all Traffic Control Signage located on, upon, inside or within City owned property or any City public right- of-way. As part of the transit friendly land use patterns, the City is required to adopt Transit Oriented Development ("TOD") guidelines to encourage mixed use and transit friendly development at the station locations. It is important to note that the adoption of this Agreement constitutes approval in concept of the TOD guidelines. The implementation of any of these guidelines shall require official action by the Planning Commission and the Mayor and Common Council. The City is required to determine on at least an annual basis the value of all permits, waivers or deferral of fees, costs of staff and consultants assigned to the Project and other costs incurred and paid by the City. The City shall submit to Omnitrans such annual compilation of the "in-kind" costs and services that the City has contributed towards the Project during the Implementation and Construction Phases on or before January I of each calendar year commencing January 1, 2010. Agency Commitments Pursuant to the Master Cooperative Agreement,the Economic Development Agency will: U:\SBX\MCC 8-3-2009\Staff Report-SBX.dm-7/14/2009-10:15:29 AM 3 • Provide office space in the EDA building located at 201 North E Street in San Bernardino of at least 1,200 square feet of office space for use by Omnitrans employees and consultants in furtherance of the Project. • Designate approximately 200 parking spaces in Agency-owned parking facilities in close proximity to the Project stations located in the downtown area of the City of San Bernardino, for the exclusive use of park-and-ride commuters using the sbX bus rapid transit service. The Agency will retain ownership and control of the designated parking spaces and may be relocated by the Agency, if deemed necessary. • Transfer funds into the City CIP Account SSIO-07 to cover the City's cost of waiving all plan check and inspection fees and permit costs associated with the Project. ENVIRONMENTAL IMPACT: Approval of these Agreements have no environmental impact under the California Environmental Quality Act("CEQA") Guidelines. FISCAL IMPACT: The Agency will provide 1,421 square feet of office space to Omnitrans staff at 201 North "E" Street with an annual fair market value of $28,140. This office space will be provided for a period not to exceed three (3) years. The City will provide sufficient planning and engineering personnel for a period not to exceed 18 months. As part of this Agreement, the Economic Development Agency agrees to deposit funds into CIP Project Account SS10-07, for the cost of all City plan check and inspection fees and all permit costs associated with the project. Waiving the fees associated with the plan check fees and permit costs will have no negative impact to the General Fund. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. U:VSBXMCC 8.3-20091Staff Report-SBX.dm-7/142009.10:15:29 AM 4 9 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER 3 COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY, THE ECONOMIC DEVELOPMENT AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF THE 4 "E" STREET CORRIDOR SBX RAPID TRANSIT PROJECT. 5 WHEREAS, the Mayor and Common Council of the City of San Bernardino (the 6 "City") recognize the need to promote mass transit, the planning and funding of various 7 transportation projects and the construction of the San Bernardino Express (sbX) Bus Rapid 8 Transit Project, which together will play a major role in the future downtown revitalization 9 efforts to be undertaken by the City; and WHEREAS, the City recognizes the benefits to be derived from entering in a Master 10 Cooperative Agreement ("Agreement') with the Economic Development Agency, Omnitrans 11 which states the purposes and goals of the parties in implementing, constructing and operating 12 a Bus Rapid Transit Project within the City; and 13 WHEREAS, the Agreement sets forth the roles and responsibilities of the City, the 14 Economic Development Agency and Omnitrans in the implementation, construction and 15 operation of the sbX Bus Rapid Transit Project. 16 17 18 /// 19 20 /// 21 22 23 24 25 / 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER 1 COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY, THE ECONOMIC DEVELOPMENT AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF THE 2 "E" STREET CORRIDOR SBX RAPID TRANSIT PROJECT. 3 4 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 Section 1. The Mayor and Common Council of the City of San Bernardino hereby 7 authorize the City Manager to execute a Master Cooperative Agreement by and between the City, 8 the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor 9 10 SBX Rapid Transit Project, attached hereto marked Exhibit `A' and by reference made a part 11 here of 12 Section 2. This Resolution shall be void of no further force and effect if the Agreement 13 is not fully executed by all parties within ninety (90)days of effective date thereof. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 z RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER 1 COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY, THE ECONOMIC 2 DEVELOPMENT AGENCY AND OMNITRANS FOR THE DEVELOPMENT OF THE "E" STREET CORRIDOR SBX RAPID TRANSIT PROJECT. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on 6 the day of 2009, by the following vote to-wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 2009. 20 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, 26 City Attorney 27 By: 28 2 I RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM DIRECTOR OF THE 3 REDEVELOPMENT AGENCY TO EXECUTE A MASTER COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE 4 ECONOMIC DEVELOPMENT AGENCY AND OMNITRANS FOR THE 5 DEVELOPMENT OF THE "E" STREET CORRIDOR SBX RAPID TRANSIT PROJECT 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 7 recognizes the need to promote mass transit, the planning and funding of various transportation 8 projects and the construction of the San Bernardino Express (sbX)Bus Rapid Transit Project, which together will play a major role in the future downtown revitalization efforts to be 9 undertaken by the City; and 10 WHEREAS, the Agency recognizes the benefits to be derived from entering in a 11 Master Cooperative Agreement ("Agreement') with the City of San Bernardino and Omnitrans 12 which states the purposes and goals of the parties in implementing, constructing and operating 13 the sbX Bus Rapid Transit Project within the City; and 14 WHEREAS, the Agreement sets forth the roles and responsibilities of the City, the Economic Development Agency and Omnitrans in the implementation, construction and 15 operation of the sbX Bus Rapid Transit Project. 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM DIRECTOR OF THE 1 REDEVELOPMENT AGENCY TO EXECUTE A MASTER COOPERATIVE 2 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE ECONOMIC DEVELOPMENT AGENCY AND OMNITRANS FOR THE 3 DEVELOPMENT OF THE "E" STREET CORRIDOR SBX RAPID TRANSIT PROJECT 4 NOW THEREFORE, BE IT RESOLVED BY THE COMMUNITY 5 DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 Section 1. The Community Development Commission of the City of San 8 Bernardino hereby authorizes the Interim Executive Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the 9 Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor 10 sbX Rapid Transit Project, attached hereto marked Exhibit `A' and by reference made a part 11 here of 12 Section 2. This Resolution shall be void of no further force and effect if the Agreement 13 is not fully executed by all parties within ninety(90) days of effective date thereof. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM DIRECTOR OF THE 1 REDEVELOPMENT AGENCY TO EXECUTE A MASTER COOPERATIVE 2 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE ECONOMIC DEVELOPMENT AGENCY AND OMNFIRANS FOR THE 3 DEVELOPMENT OF THE "E" STREET CORRIDOR SBX RAPID TRANSIT PROJECT 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 5 Community Development Commission of the City of San Bernardino at a 6 meeting thereof, held on the day of 2009, by the 7 following vote to-wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 SHORETT 14 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 2009. 21 22 23 Patrick J. Morris, Chairperson 24 Community Development Commission City of San Bernardino 25 Approved as to form: 26 2 By. 7 Agency Council 28 3 MASTER COOPERATIVE AGREEMENT BETWEEN AND AMONG OMNITRANS,CITY OF SAN BERNARDINO,AND REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE"E"STREET CORRIDOR SBX BUS RAPID TRANSIT PROJECT This MASTER COOPERATIVE AGREEMENT ("Agreement") by, between and among Omnitrans, a joint powers authority created via a joint powers agreement, dated March 8, 1976, and amended pursuant to Section 6500 et seq. of the Government Code, the City of San Bernardino, a charter city ("City"), and the Redevelopment Agency of the City of the San Bernardino, a public entity and community redevelopment agency ("Agency") is made and entered into as of ("Effective Date"). Omnitrans, City, and Agency are sometimes individually referred to as"Party"and collectively as"Parties." 1. Recitals The construction and operation of the E Street Corridor sbX Bus Rapid Transit Project ("Project") will contribute directly and continuously to the economy of the City of San Bernardino and the surrounding region, and to the general benefit and welfare of its citizens. The City of San Bernardino's goal to revitalize business and economic development and to improve the quality of life for residents and businesses is in alignment with Omnitrans proposed Project. The Project will become a major catalyst to support transportation needs of the residents, while helping to reduce traffic and greenhouse gases from vehicles. The Project will also provide a means of stimulating business and economic development during the construction and operation phases by providing jobs during the construction of the 15.7 mile Project, supporting businesses during the construction from the influx of additional workers in the area. During operation phase the Project will provide needed access to vital links along the corridor such as CSUSB, Civic Center , Orange Show, Inland Center Mall and the Hospitality Tri-Cities area businesses as well as promoting business operations along the corridor by providing transportation access to workers, patrons and visitors to the area. This Project will support the return of San Bernardino's cosmopolitan and professional image and encourage the influx of new business to the area. Omnitrans, being the authorized recipient of Federal Transit Agency ("FTA") Funds for this Project, will work in partnership with the City to realize this endeavor. Omnitrans will be the conduit to deliver the project for the City through the FTA. 1.1 The Omnitrans Board of Directors adopted a Locally Preferred Alternative ("LPA") during its meeting on December 7, 2005, and subsequently adopted the Refined Locally Preferred Alternative ("RLPA") during its meeting on February 4, 2009, for the Project. The Project consists of developing sixteen (16) proposed "rapid bus" style station locations that will utilize modem articulated buses for quick boarding along a proposed 15.7-mile route, 5.4 miles of exclusive center-running bus rapid transit (`BRT") lanes within the City of San Bernardino, 10.3 miles of mixed flow lanes, transit signal priority applications at select key intersections to reduce delays and improve time, and four (4) park-and-ride facilities. The Project is more thoroughly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 1.2 In addition to adopting the LPA and the RLPA, the Omnitrans Board of Directors also authorized Omnitrans staff to seek a funding plan for the Project, including funding from federal, state, local and private sources, and to commence with implementation of the RLPA and to enter into agreements with various entities and stakeholders to facilitate the completion of the project. 1.3 As currently proposed,the Project offers multiple modalities to effectuate the goals of the Parties in reducing travel delay and inefficiency, curtailing greenhouse gas emissions and promoting transit oriented development,including implementing miles of exclusive lanes along the proposed route to Page 1 of 20 ensure competitive operational speeds and the maintenance of design system characteristics, providing transit signal priority at various designated street intersections and establishing park and ride facilities in conjunction with selected station locations. City and Agency recognize that construction and operation of the Project will achieve travel time savings and more frequent BRT service, and they acknowledge and agree that such travel-time savings and more frequent service are of significant benefit to the City and its residents. 1.4 Omnitrans anticipates the issuance of a Finding of No Significant Impact from the Federal Transit Administration ("FTA") pursuant to the National Environmental Protection Act ("NEPA") and a Mitigated Negative Declaration pursuant to the California Environmental Quality Act ("CEQA") for the construction of the Project as described herein. 1.5 The Project will be funded, designed and constructed with all due diligence to enable the Project to become fully operational by calendar year 2013 as intended by the Parties to this Agreement. 1.6 Omnitrans will obtain all necessary real estate and additional rights-of-way to expand current City streets along portions of the RLPA, as necessary, for the Project. Omnitrans will procure BRT vehicles, which it will use to operate the Project. Omnitrans will also be performing major roadway reconstruction and rehabilitation on city streets affected by the Project and such work will result in the accelerated completion of needed improvements to such streets and greatly reduce the City's ongoing maintenance costs of such streets. 1.7 The Parties desire to enter into this Agreement to set forth their mutual understanding of the terms and conditions under which Omnitrans shall undertake the Project as briefly described above in consideration of City's commitments as set forth herein. The Parties recognize the importance of the Project to the regional transportation needs of eastern San Bernardino County and, more specifically, the City of San Bernardino and desire to set forth their respective commitments with respect to coordinating construction of the Project within the City of San Bernardino. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 2. Definitions. As used in this Agreement,the following words and terms shall have the meaning as provided in the Recitals or in this section unless the specific context of usage of a particular word or term may otherwise require: 2.1 "Agency" means the Redevelopment Agency of the City of San Bernardino, a public entity and community redevelopment agency, and its officials,officers,employees,volunteers and agents. 2.2 "Agreement" means this Master Cooperative Agreement entered into by and between the Omnitrans and the City of San Bernardino. 2.3 "CIR"means the cold in-place recycling method used to recycle reclaimed asphalt. 2.4 "Construction Phase" means all activity in furtherance of the Project occurring between the effective date of the first contract for construction of any facility contemplated as part of the Project and the date of closure of the last outstanding such contract. 2.5 "Effective Date"means the date first-above referenced in the introductory paragraph. Page 2 of 20 2.6 "Environmental Laws" refers collectively to any and all federal, state, or local statute, law,ordinance, code,rule,regulation,permit, order, or decree regulating,relating to, or imposing liability or standards of conduct on a person discharging, releasing or threatening to discharge or release or causing the discharge or release of any hazardous or solid waste or any hazardous substance, pollutant, contaminant,water,wastewater or storm water. 2.7 "Implementation Phase" means all activity in furtherance of the Project occurring between the Effective Date and the commencement of the Construction Phase. 2.8 "Landscaping" shall mean all native or exotic plant materials including lawn, ground cover,trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains,paved or decorated surfaces. 2.9 "City" means the City of San Bernardino, a charter city and its officials, officers, employees,volunteers and agents. 2.10 "City streets," "City rights-of-way" and"City public rights-of-way" mean those existing streets and rights-of-way that are either held by the City of San Bernardino in fee or pursuant to an easement for public street purposes, including such additional rights-of-way as may be transferred by Omnitrans to City in furtherance of the implementation of the Project. 2.11 "Omnitrans" means Omnitrans, a joint powers authority created via a joint powers agreement, dated March 8, 1976, as amended, pursuant to Section 6500 et seq. of the Government Code and its officials,officers, employees,volunteers and agents. 2.12 "Operational Phase"means all activity in furtherance of the Project commencing with the first entry of an Omnitrans driver into a BRT Project bus for the purpose of the commencement of regular service along the transit route of the Project. 2.13 "Party" or "Parties" means Omnitrans, Agency or City referred to individually or collectively. 2.14 "PPP"mean Public Private Partnership. 2.15 "Project"means the"E" Street Corridor sbX Bus Rapid Transit Project referenced in the recitals and more thoroughly described in Exhibit"A." 2.16 "Project-Related Signage" means all signs or other installations within or outside the Project Rights-of-Way whose primary purpose is to inform the public about the Project, its operations, and facilities, including station locations, park-and-ride facilities, and way-finding signs. All Project- Related Signage shall be designated as such on the approved plans for the Project. 2.17 "RAP" means reclaimed asphalt pavement that has been reused or is intended to be reused pursuant to a program for accomplishing asphalt pavement recycling. 2.18 "Project Rights-of-Way"means the City public rights-of-way for the following streets for the use and operation of sbX transit buses: (i) Kendall Drive from Pahn Avenue to `B" Street; (ii) `B" Street from Kendall Drive to Hospitality Lane; (iii) Hospitality Lane from "E" Street to Tippecanoe Avenue; (iv) Tippecanoe Avenue from Hospitality Lane to the southern boundary of the City of San Bernardino with the City of Loma Linda.Refer to graphic in Exhibit A. Page 3 of 20 2.19 "Project Station" means the raised platform area, including the ADA ramp access, dedicated to the specific purpose of a transit system boarding platform, and shall include the bus shelter or canopy structure and furniture, equipment and other transit-specific elements dedicated to the use of Omnitrans and its customers, as indicated on the City-approved plans and specifications for the Project. 2.20 "Traffic Control Signage"means all signs or other installations within the Project Rights- of-Way that are required on the approved plans for the Project for proper traffic safety, movement, and control within the Project Rights-of-Way. 2.21 "TOD"means transit oriented development. 2.22 "TSP"means transit signal priority. 3. Phasing of Commitments. The Parties acknowledge that their various commitments to one another will occur within the Implementation Phase,Construction Phase and Operational Phase of Project development unless otherwise specified in this Agreement. The Implementation, Operational and Construction Phases may overlap. Project development is distinguished by Phases only for the purposes of organizing the commitments hereunder and shall not be deemed to limit the commitments of the parties hereunder. 4. Ommtrans' Commitments. 4.1 Implementation Phase. Omnitrans shall undertake the following commitments during the Implementation Phase of the Project: 4.1.1 Right-of-Way. Omnitrans has allocated a budget for the purchase of additional rights-of-way required to facilitate the construction of the Project. Omnitrans shall be fully responsible for the acquisition of additional rights-of-way to the extent necessary to expand the width of any travel lanes or to construct additional travel lanes, or to facilitate construction of all necessary improvements in the City approved/permitted design drawings as necessary for the Project. Omnitrans shall pay all costs associated with the purchase and acquisition, including appraisals, legal costs,and relocation costs, for all rights-of-way acquired by Omnitrans for the Project. All right-of-way acquisition by Omnitrans shall be carried out pursuant to Omnitrans' Real Estate Acquisition and Management Plan. 4.1.2 Construction Management Services. Omnitrans has retained a construction management firm to provide construction management of the Project from the Implementation Phase through to final approval and operation of the Project. The services of the construction management firm may help reduce the burden on City inspection staff by performing, on behalf of Omnitrans, construction management through value engineering, inspections,quality review,preparing and implementing a health and safety program, ensuring contract and code compliance and acting as liaison between City, major stakeholders, construction contractors, the general public and Omnitrans. They will coordinate all construction efforts though the city by maintaining daily logs, ensuring compliance with construction contract and approved design drawings, adherence to schedules and budgets, and continued communication with City. 4.1.3 Municipally-Owned Utilities. Prior to the commencement of any construction, Omnitrans shall submit to City and the City of San Bernardino Municipal Water Department for their review and approval engineering plans and specifications that illustrate the existing utilities,including but not limited to all city water lines, sewer lines, and storm drains, located within the rights-of-way of the Project and the intended rerouting or other engineering solutions to relocate,or otherwise protect in place, such utilities within the existing City rights-of-way to the extent feasible. City agrees to issue, at no cost Page 4 of 20 to Omnitrans, permits as necessary for the relocation of City utility lines and to undertake good faith efforts to obtain similar no-cost permits from the City of San Bernardino Municipal Water Department for the relocation of water lines and/or utilities of the City of San Bernardino Municipal Water Department; provided,however,that all such relocations of utility lines shall be without any cost whatsoever to City or the City of San Bernardino Municipal Water Department, except as may be applicable pursuant to section 5.1.5 of this Agreement, and provided that Omnitrans will design such potential relocations with no degradation in service to City and City of San Bernardino Municipal Water Department customers for utility, water, storm drain,and sewer services and no additional maintenance costs for City or the City of San Bernardino Municipal Water Department due to such relocations. Omnitrans' obligations under this section are applicable and limited to utilities required to be relocated in accordance with the City- approved plans and specifications for the Project, and Omnitrans obligation under this section does not extend to utilities not required to be relocated. 4.1.4 Other Utilities. Omnitrans recognizes that other governmental agencies and investor owned public utilities own certain utility lines both underground and above ground within City rights-of-way through the Project. Some utility purveyors have the benefit of franchise agreements, certain easements or other rights granting such utility purveyors certain prior rights to be located within City public street rights-of-way of the Project. Therefore, Omnitrans must recognize all such prior rights that may exist as to any and all such governmental entities and investor owned public utilities with existing rights, regardless of the nature of such rights, within City public street rights-of-way for the Project. Omnitrans and not City shall be required to negotiate with all such utility purveyors and to relocate all necessary utilities in accordance with those rights and agreements granting such utility purveyors the presence of their utility lines within City public street rights-of-way without any cost or other liability whatsoever to City. Omnitrans shall only be responsible for replacing underground and above ground utility lines that it will relocate with utility lines of similar size, grade and construction except as otherwise specifically provided in this Agreement. 4.2 Construction Phase. Omnitrans shall undertake the following commitments during the Construction Phase of the Project: 4.2.1 Reconstruction and Rehabilitation of City Streets in Project Riehts-of-Way. At its sole cost and expense, Omnitrans will reconstruct specified portions of City rights-of-way within the Project, in accordance with and as designated by the City-approved plans and specifications for the Project. "Reconstruct"means the total replacement of pavement, subgrades, sidewalks curbs,curb drains, pavement markings, landscaping and all appurtenances necessary to replace the roadway and sidewalk system. For City streets that are not reconstructed, at its sole cost and expense, Omnitrans will rehabilitate all other City streets within the Project,in accordance and as designated by the City-approved plans and specifications for the Project. "Rehabilitate" means pavement grinding, overlay, and base repairs, sidewalk and curb repairs, and construction of concrete bus pads and appurtenances. 4.2.2 Replacement, Removal or Relocation of Landscaping and Irrigation. Omnitrans shall consult with the City prior to its removal and replacement of any Landscaping and/or irrigation located within City's public rights-of-way or within any landscape maintenance easement, and shall obtain City's written approval of landscape plans/specifications. The landscape plan/specifications shall contain the information required by City's regulations and guidelines for landscape plans/specifications, including provisions regarding the procedure for removal,replacement and relocation of Landscaping,the design and type of Landscaping that Omnitrans shall utilize to replace Landscaping previously removed, the identification of City-owned or approved sites where Omnitrans can relocate Landscaping and any other provision the Parties deem appropriate to carry out the intent of this section. All actions that Omnitrans undertakes with respect to its removal, replacement or relocation of Landscaping and/or irrigation, whether on public or private property, shall be consistent with the City approved landscape Page 5 of 20 plans/specifications, and shall be at Omnitrans' sole cost. If any of the Landscaping and/or irrigation is located within an existing landscape maintenance district, Omnitrans will negotiate with the owner of record and facilitate, to the extent possible, the inclusion of new Landscaping and/or irrigation (or the relocation of existing Landscaping and/or irrigation) within the existing landscape maintenance district. If any new easement is required for the relocation of any Landscaping and/or irrigation within a landscape maintenance district, or if the Engineer's Report for any landscape maintenance district needs to be modified as a result of work pursuant to this section, Omnitrans shall bear the cost and burden of obtaining such new easements and/or preparing the necessary modifications to the Engineer's Report. Omnitrans shall be responsible for obtaining any required permissions or rights-of-entry from private property owners that may be necessary to complete any removal or replacement of any Landscaping and/or irrigation. 4.2.3 Relocation of Street Lighting. Omnitrans shall consult with the City prior to its removal and replacement of any City-owned street lighting which shall be consistent with the City approved engineering design plans/specifications for the Project. All removal, replacement, and/or relocation of City-owned street lighting undertaken pursuant to the approved plans/specifications for the Project shall be at the sole cost and expense of Omnitrans. 4.2.4 Installation of Project-Related Sipage and Traffic Control Signage. At its cost, Omnitrans shall install all Project-related Signage and Traffic Control Signage indicated in the City- approved construction documents/specifications for the Project. 4.2.5 Installation and/or Relocation of Traffic Control Signals and TSP Equipment. Omnitrans will be responsible for the relocation of existing City traffic control equipment as per the approved engineering design plans/specifications and all costs associated therewith. Omnitrans shall purchase and install new traffic control signals located at City public rights-of-way intersections along the Project and all TSP equipment necessary to develop a TSP system consistent with the City-approved engineering design/specifications. All equipment purchased shall be compatible with existing City equipment. Omnitrans shall be responsible for the installation and testing of the TSP system during the Construction Phase; provided, however, that City provides reasonable access to the TSP system during the aforementioned period and provides coordination efforts for start-up and testing as indicated under City commitments in this Agreement. Access to the TSP system or traffic control signals will be provided only by authorized city staff, and all work on the TSP system or traffic control signals shall be directly supervised by authorized city staff, including documenting the date, time and activities of such work on the maintenance log in the appropriate traffic control equipment cabinet. 4.2.6 Offer of Dedication. Upon the acquisition of a public right-of-way easement by Omnitrans to expand any existing public right-of-way within the Project, Omnitrans shall prepare and present an irrevocable offer of dedication to City for public roadway purposes in a condition and in a form as customarily accepted by City. Such dedication shall include the completed roadway improvements and Landscaping improvements which shall be in compliance with all engineering plans and specifications as previously approved by the City. 4.2.7 Staging Temporary Construction Work and Storage Areas. Omnitrans shall be responsible for insuring equipment and materials stored on City-owned or controlled properties, or privately owned properties, as provided in this Agreement and for the maintenance of such sites during their use by Omnitrans as required by City. Upon completion of the Construction Phase, Omnitrans shall also be responsible for the restoration of said properties to their pre-existing condition or to a condition otherwise satisfactory to City; however, City shall not require Omnitrans to improve such property or leave it in a better condition than when received. A Temporary Use Permit from City shall be obtained by Omnitrans or their contractor prior to using any property in this manner. Omnitrans and/or their Page 6 of 20 contractor shall be responsible for the installation and maintenance of appropriate dust control measures to the satisfaction of the City Engineer. In addition, Omnitrans and/or their contractor shall be responsible for the installation and maintenance of standard Best Management Practice measures related to the CITY'S MS4 permit under the National Pollutant Discharge Elimination System (NPDES) in controlling storm runoff from the site.. 4.2.8 Temporary Traffic Control. Omnitrans and/or their contractor shall be responsible for installing temporary traffic control measures in accordance with the approved project plans and specifications or separate traffic control plan approved by City at their sole expense and such measures shall not unreasonably restrict access to businesses or residences. Access to residents and businesses shall be provided at all times during construction. 4.2.9 Fugitive Dust Control. Omnitrans and/or their contractor shall employ standard measures to control fugitive dust caused by construction activities along the entire project corridor and at any construction yards or staging areas. Proposed measures shall be reviewed and approved by City prior to implementation and the City Engineer shall have the authority to require additional measures if a fugitive dust problem arises as result of construction activities. 4.2.10 Storm Water Management. Omnitrans and/or their contractor shall be responsible for design and implementation of a Storm Water Pollution Prevention Plan (SWPPP) at all times during construction. The SWPPP shall be available with the contractor at the construction zone at all times. 4.3 Operational Phase. Omnitrans shall undertake the following commitments during the Operational Phase of the Project: 4.3.1 Maintenance of Proiect Stations. At its sole cost and expense,Omnitrans shall be responsible for the repair, maintenance and operation of all Project Station locations and Project Station structures and equipment. For purposes of this Agreement, Omnitrans' maintenance obligations pursuant to this section shall include maintenance of equipment located at Project Station locations and structures, maintenance and repair of Project Station locations and structures (including, but not limited to; message signs, water fountains, fencing, grating, handrails, detectible warning strips, canopy, security equipment, lighting, seating areas) , trash disposal, cleaning and graffiti removal, and Landscaping located within a Project Station. Pursuant to Section 5.3.1 of this Agreement, Omnitrans' obligation to maintain Landscaping within the Project Station shall not apply to Project Stations located adjacent to or within a City-controlled landscape median. 4.3.2 Maintenance of Project-Related Siggnage. At its sole cost and expense, Omnitrans shall maintain, repair, and replace all Project-Related Signage indicated in the City-approved construction documents/specifications for the Project. 4.3.3 Striping and Marking of Exclusive sbX Lanes. At its sole cost and expense, Omnitrans shall be responsible for maintaining the striping and markings required for the exclusive sbX traffic lanes, as such lanes are designated on City-approved plans for the Project. 4.3.4 Replacement or Upgrade of TSP Eq>ripment. At its sole cost and expense, Omnitrans will be responsible for replacing, if and when necessary, any non-functioning, non-repairable TSP equipment or any upgrades to the TSP equipment/system required for the proper functioning of the Project. Page 7 of 20 4.3.5 System Service. Omnitrans reserves its right to modify or adjust schedules of sbX transit bus service as is necessary to provide optimal, efficient and cost-effective service to Omnitrans patrons. 4.3.6 Utility Cuts, Street Closures, or Other City Operations Temporarily Affecting Use of Project Rights-of-Way. Notwithstanding any other provision in this Agreement,Omnitrans hereby understands that there may be periodic utility cuts, street closures, or other city operations that may temporarily affect the availability and/or usage of the Project-Rights-of-Way as contemplated by this Agreement and the Project, including usage of exclusive sbX traffic lanes. City and Omnitrans shall coordinate to minimize the disruption caused by such utility or municipal operations within the Project- Rights-of-Way,but Omnitrans understands and accepts that such utility or municipal operations will have priority within the Project-Rights-of-Way to the extent necessary, and that operation of the sbX service may be temporarily affected or displaced thereby. 5. City's Commitments. 5.1 Implementation Phase. City shall undertake the following commitments during the Implementation Phase of the Project: 5.1.1 Fees and Permit Costs. City shall waive all plan check and inspection fees and all permit costs associated with the Project as part of its in-kind contribution towards the Project. Reimbursement to City for the cost of plan check and inspections for the Project shall be as provided in Section 6.3 of this Agreement. 5.1.2 Use of Rights-of-Way and Proiect Stations: Encroachment Permits. City shall allow, subject to appropriate conditions as determined by City, the use of the Project corridor as per the City approved Project plans and specifications. Within the Project corridor, City shall grant such encroachment permits as may be necessary for the Project, subject to appropriate and typical conditions for encroachment permits issued by City, and issue such other necessary permits and approvals for the construction of the Project as per the City approved plans and specifications. Such encroachment permits shall, at a minimum,provide for: (a)Omnitrans' access to,maintenance of, and use of the Project stations for the uses and purposes provided in this Agreement and in the engineering plans and specifications; (b) Omnitrans' access to the TSP equipment panels for the uses and purposes provided in this Agreement; and (c) Omnitrans' access to, exclusive right to use, and maintenance of exclusive sbX lanes as per the City-approved engineering plans and specifications, for the uses and purposes provided in this Agreement and in the engineering plans and specifications. Subject to Section 4.3.6 of this Agreement, the City will allow exclusive sbX lanes, as denoted on the City-approved plans, to be designated for and exclusively used by sbX BRT buses, and to be restricted from use by any non-sbX related traffic except for emergency vehicles or the temporary use of such lanes by non-sbX related traffic in order to maintain the public health, safety,or welfare. 5.1.3 Support Personnel, Project Review. City shall provide such City staff support as it shall deem necessary to fulfill the obligations of City pursuant to this Agreement. Such City staff support shall include the appropriate individuals or consultants that will work with Omnitrans from the Implementation Phase through the end of the Construction Phase of the Project. City shall provide staff and/or City-retained consultant to: (i) attend planning and coordination meetings with Omnitrans representatives and consultants; (ii) review and approve the Project engineering design plans and specifications for work to be undertaken by Omnitrans public works contractors within City streets and City public rights-of-way; (iii) review technical reports; (iv) review traffic patterns and traffic lane closures during construction; (v) review and approve traffic control plans ; (vi) cooperate and work with Omnitrans to perform start-up, testing, coordination and acceptance of TSP equipment; (vii) perform all Page 8 of 20 plan reviews, plan approvals and construction inspections; (viii) assist in the design, site selection and location of all Project Stations and TOD opportunities within the Project; (ix) (x)issue the necessary and appropriate permits for all approved work; and (x) provide inspection of construction and pre- construction activities in coordination with the Omnitrans provided Construction Management Services (CMS)firm. 5.1.4 Utility Relocations. All utilities owned or controlled by City that are located within the Project corridor or affected by the Project shall be addressed in accordance with the City- approved plans and specifications for the Project,or as directed by the City Engineer or his designee. All utilities owned or controlled by City of San Bernardino Water Department("Water Department")that are located within the Project corridor or affected by the Project shall be addressed in accordance with the City-approved plans and specifications for the Project, or as directed by the Water Department Engineer or his designee. If required by the City-approved plans and specifications for the Project, or if during construction of the Project, it is determined that existing sewer lines or other utility lines require relocation, the Parties shall endeavor to work together to bring about this result. As a major stakeholder in the Project, City shall exercise its authority and rights, if provided and to the extent permitted in the franchise agreements between City and various utility companies, by requiring the franchise/private utility companies to design and relocate such utilities as are necessary for the construction of the Project. 5.1.5 City Utility Upgrades. Any increased capacity or upgrades to any City or Water Department owned utility lines as may be requested in writing by City or the Water Department to be undertaken by Omnitrans simultaneously with the relocation of any such City or Water Department owned utility lines shall be at the sole cost of City and/or Water Department with respect to the incremental costs related to such increased capacity. Such upgrades shall be identified prior to the approval of Project plans/specifications in order to be introduced into the schedule for the Project. Any costs incurred as a result of necessary schedule changes shall be part of the incremental costs associated with such upgrades as will cost associated with design of said upgrades. 5.1.6 Disposition of City PIOperty ui ment Replace or Removed During the Project. City shall have the right to determine the disposition of any City-owned property or equipment that is replaced or removed during construction of the Project (e.g., traffic control signals, street lights, traffic control signs, trees, etc.). If City desires to salvage any of its property or equipment, such property or equipment must be identified prior to completion of the 100% design review and identified on the City- approved plans and specifications for the Project. The City will work with Omnitrans to identify an appropriate location for the disposition of any of its property or equipment and will coordinate the disposition or salvage with the contractor. The costs associated with the disposition or salvage of any City owned equipment or property shall be considered a project expense and included as part of the construction contract. All such salvage work shall be completed in a timely manner and in accordance with the established construction schedules for the Project. 5.2 Construction Phase. City shall undertake the following commitments during the Construction Phase of the Project: 5.2.1 Use of Recycled Asphalt. City shall allow Omnitrans to use RAP using the CIR method whenever feasible. Both Parties acknowledge and agree that utilization of RAP using the CIR method preserves the natural environment, reduces waste, and provides a cost effective material for constructing streets and public rights-of-way. 5.2.2 Support Personnel, Project Review. During the Construction Phase of the Project,City shall assign such number of City inspectors as determined to be necessary by City to review and inspect those aspects of the construction work City deems necessary. City shall also work with Page 9 of 20 Omnitrans CMS firm to utilize inspections and inspection reports as an extension of City inspection staff to the extent deemed appropriate by City. The date and time of City inspections shall be coordinated with Omnitrans and, to the extent feasible, shall accommodate alternate and extended schedules (such as weekend and overtime hours) to facilitate the progress of the Project construction activities. City engineering staff or City-retained consultants shall also be available to provide expedited review and approval of any field changes that are required due to unforeseen circumstances discovered after the commencement of construction activities. 5.2.3 Staging Temporary Construction Work, and Storage Areas. City shall assist construction of the Project through allowing Omnitrans access to available and acceptable City-owned properties, as such sites may be designated on the City-approved Project plans, for the purpose of storing construction equipment, staging construction activities, and performing temporary construction activities. Orr itrans shall be responsible for the insuring of stored equipment and materials, for the maintenance of said sites and for the restoration of said sites to their pre-existing condition upon completing of the Project. City and Ommtrans shall work together to select an acceptable location(s) for such purposes and shall execute a temporary grant of construction easement, at no cost to Omnitrans and as part of City in- kind contributions. Nothing in this section shall be construed to impose any obligation on City or Agency to acquire any additional property for purposes of staging, temporary construction work or storage areas for the Project. 5.2.4 Temporary Traffic Control. City shall work cooperatively with Omnitrans to coordinate traffic control during the Construction Phase of the Project. To the extent feasible, traffic control measures shall neither hinder nor delay construction of the Project, or compromise public health and safety. City shall also endeavor to cooperate with Omnitrans to establish haul routes that are mutually acceptable to the Parties and that will not hinder development of the Project. City shall endeavor to establish methods of transportation(or traffic control plans), as prepared by Omnitrans or its consultants and as approved by City, which shall include lane closures, street closures, extended hours of work, weekend work and holiday work to support the construction schedule and timely completion of the Project. Pursuant to Section 12.03.090 (A) of the City Municipal Code, lane closures on arterial and collector streets shall be avoided during morning and evening peak hours to accommodate traffic operation. Standard work hours are from 7:30 AM to 3:30 PM. Special arrangements will be needed to allow work to occur outside of the standard work hours. Consideration must be made for the convenience of the travelling public,public safety, and access to businesses and residences. 5.3 Operational Phase. City shall undertake the following commitments during the Operational Phase of the Project: 5.3.1 Maintenance of Landscapine and Irrigation on City-Owned Property and Rights- of-Way. City shall be responsible for the repair and maintenance of all Landscaping located on City- owned property or within City public rights-of-way, including any Landscaping within a Project Station that is located adjacent to or within a City-controlled landscape median. City shall be responsible for all costs associated with the repair and maintenance of Landscaping and irrigation, including but not limited to,payment of water usage charges,electrical charges and landscape servicing fees. 5.3.2 Maintenance of Streets and Ri is-0f--Way. City is responsible for the maintenance of all dedicated City streets and City rights-of-way within the Project consistent with its practice for the maintenance of all streets and rights-of-way. Nothing in this Agreement or as a result of City's participation in the Project shall create any express or implied obligation, commitment, liability, or responsibility whatsoever for City to maintain or repair the Project Rights-of-Way differently than all other streets and rights-of-way are maintained and repaired within the City. Page 10 of 20 5.3.3 Maintenance of Street Lighting. City shall be responsible for the operation, repair and maintenance of all street lighting that Omnitrans relocates pursuant to this Agreement. 5.3.4 Maintenance of Traffic Control Signals and TSP Equipment. Except as provided in Section 4.3.4 of this Agreement, City shall be responsible for the operation, repair and maintenance of all traffic control signals and TSP equipment located at City public rights-of-way intersections or crossings along the Project, once the installation and testing of such equipment is approved by City and put into service. City shall allow Omnitrans reasonable access to modify or revise the TSP as reasonably necessary to enhance or improve the timing of scheduled sbX transit bus service. Access to the TSP system or traffic control signals will be provided only by authorized city staff, and all work on the TSP system or traffic control signals shall be directly supervised by authorized city staff, including documenting the date, time and activities of such work on the maintenance log in the appropriate traffic control equipment cabinet. 5.3.5 Maintenance of Traffic Control Signage. City shall be responsible for the repair and maintenance of all permanent Traffic Control Signage located on, upon, inside or within City-owned property or any City public right-of-way. 5.4 Transit Oriented Development (TOD) Guidelines. City recognizes that Omnitrans has adopted a set of"Joint Development Policies and Guidelines"towards the goal, inter alia, of encouraging TOD on public and private properties adjacent to Omnitrans transit centers and future Project Stations. Such "Joint Development Policies and Guidelines" are attached to this Agreement as Exhibit "D" for informational purposes only. City hereby expresses its support for the concept of TOD, and its support of Omnitrans in its efforts to undertake transit-oriented joint development projects in relation to the Project. The Parties recognize that an "E" Street Corridor Task Force was constituted in 2007 comprised of representatives of City, Omnitrans, California State University San Bernardino, San Bernardino Associated Governments ("SANBAG") and private development interests (collectively, the "Task Force"). The Task Force has proposed certain written "San Bernardino Express Transit Oriented Development Policies and Guidelines" (the "City TOD Guidelines') to establish policies and strategies that enable the Parties to move forward with the Project. The City TOD Guidelines are as attached hereto as Exhibit"E." Adoption of this Agreement by City constitutes approval in concept by City of such City TOD Guidelines. The Parties hereby recognize and agree that the implementation of the City TOD Guidelines shall require official action by the City of San Bernardino Planning Commission and the Mayor and Common Council as may pertain to the consideration General Plan Amendments, zone changes and/or adoption of overlay zoning for one or more areas within the Project. Nothing contained herein shall be interpreted to limit the exercise of discretion by the City with respect to any such considerations. 6. Agency's Commitments. 6.1 Commuter Parking Facilities. Beginning no later than commencement of the Operational Phase of the Project, and at no-cost to Omnitrans, Agency agrees to designate no less than 200 parking spaces in Agency-owned parking facilities in close proximity to the Project Stations located between 40, Street and Rialto Avenue in the downtown area of the City of San Bernardino, for the exclusive use of park-and-ride commuters using the sbX bus rapid transit service. Such designated parking spaces shall be owned and controlled by the Agency, and at Agency's sole discretion, may be relocated by Agency consistent with the intent and purpose of this section. Nothing in this section shall prohibit or limit Agency from controlling access to or from requiring payment for the use of such designated parking spaces. Page 11 of 20 6.2 Office Soace for Omnitrans Use. The Agency hereby agrees to provide office space in the Agency-owned building located at 201 North E Street in San Bernardino in accordance with the terms of the letter agreement between Agency and Omnitrans dated 6.3 Payment of City Cost for Plan Check and Permit Fee Waiver. Agency hereby agrees to reimburse City for all City plan check and inspection fees and all permit costs associated with the Project as provided in Section 5.1.1 of this Agreement. 7. Notice of Existing and/or Upcoming Proiects. During the Implementation and Construction Phases of the Project, City and Agency agree to provide notice or other informational documents to Omnitrans in a timely manner related to any existing and/or proposed projects, which may impede or adversely impact the construction or development of the Project. City and Agency hereby further agree to work with Omnitrans to resolve any scheduling and construction conflicts that may be caused by such other projects 8. Determination of In-Kind Contributions. City and Agency shall determine on at least an annual basis the value of all permits, waivers or deferral of fees, costs of staff and consultants assigned to the Project and other costs incurred and paid by City and Agency in furtherance of this Agreement. City and Agency shall submit to Omnitrans such annual compilation of the "in-kind" costs and services that City and Agency have contributed towards the Project on or before January 1 of each calendar year commencing as of January 1,2010. Exhibit"C"is attached and is identified as the"Planning Department Policy and Procedures, In-Kind Contributions" of Omnitrans. Exhibit "C" describes the federal requirements and the method for determining the value of all in-kind contributions and the required documents to be submitted in support of such in-kind contributions. The Parties hereby agree that they shall be bound by Exhibit "C" in the determination of what shall constitute in-kind contributions for purposes of the Project. 9. Condition Precedent, Reserved Authority. Any commitment that the City or Agency agrees to pursuant to this Agreement shall be subject to Omnitrans securing adequate funds from Omnitrans resources,the federal government,the State of California, and other local funding sources. 10. Compliance with Environmental Laws. In the course of performing any Project-related activity, Omnitrans agrees: (a) to comply with any and all Environmental Laws; (b) to ensure that no Project- related activity shall cause Omnitrans, Agency or City to be in violation of any Environmental Laws; (c) that if Omnitrans fails or refuses to comply with any Environmental Laws,or causes City or Agency to be in violation of any Environmental Laws, City and/or Agency may at their discretion, (i)revoke any permit or authorization required for the Project, and (ii) require Omnitrans to undertake corrective or remedial action to address any release or threatened release or discharge of the hazardous substance, pollutant or contaminant,water,wastewater or storm water. 11. Hazardous/Contaminated Substances. Any hazardous or contaminated substances or materials discovered by Omnitrans during the Project-related activities shall be handled, mitigated, and/or remediated, and the costs thereof paid for, in accordance with all applicable state and federal environmental laws,rules and regulations. In the event that any line item or other contingency amount of the funds for the Construction Phase of the Project are no longer sufficient to undertake the environmental mitigation and/or remediation of any such hazardous condition as may be discovered in furtherance of the construction activities, Omnitrans, Agency and City shall work in cooperation to obtain other state or federal funding sources to complete any such required environmental mitigation and/or remediation. Neither City or Agency shall have any financial responsibility for the costs of removing or remediating hazardous or contaminated substances or materials discovered by Omnitrans during the Project-related activities unless City and/or Agency is determined to be a responsible party for such contaminated Page 12 of 20 substance or material in accordance with applicable state and federal environmental laws, rules and regulations. 12. Insurance Requirements. Prior to the commencement of any construction activities related to the Project, Omnitrans shall finish or cause to be finished, to both City and Agency, the insurance coverage as specified in Exhibit "F" (Exhibit "F" being the City and Agency insurance requirements) attached hereto and incorporated herein by this reference. 13. Mutual Indemnification. 13.1 City,Agency, and Omnitrans shall defend, indemnify and hold the other Party,their officials,officers,employees,volunteers and agents free and harmless from any and all claims, demands, causes of action, costs,expenses,liability, loss,damage or injury of any kind,in law or equity,to property or persons,including wrongful death,to the extent arising out of or incident to any intentional or negligent acts, errors or omissions of the indemnifying Party or Parties,their officials,officers, employees,or agents in the performance of the Project or this Agreement,including without limitation the payment of all consequential damages and reasonable attorneys' fees,expert witness fees and other related costs and expenses of defense. The sole exception to the indemnifying Party's obligation to indemnify shall be for acts of negligence or willful misconduct of the indemnified Party or Parties,their officials, officers,employees,or agents. This is a comparative negligence provision and each Party shall bear their own costs to the extent to which they are each negligent. The indemnifying Party or Parties shall defend,at their own cost,expense and risk,any and all such aforesaid suits,actions or other legal proceedings of every kind that may be brought or instituted against the indemnified Party or Parties,their officials,officers,employees,volunteers and agents. The indemnifying Party or Parties shall pay and satisfy any judgment, award or decree that may be rendered against the indemnified Party or Parties,their officials,officers,employees,volunteers and agents in any such suits,actions or other legal proceedings. Each Party's obligation to indemnify shall not be restricted to insurance proceeds,if any, received by any other Party or Parties,their officials, officers,employees,volunteers and agents. 13.2 Notwithstanding the mutual indemnification provisions as provided in subsection(a) above,Omnitrans recognizes and agrees that the City and the Agency are separate legal entities existing under California law and neither the City nor the Agency shall be responsible for the actions or inactions of the other pursuant to this Agreement. Both the City and the Agency shall be responsible separately for their required performance obligations and financial obligations pursuant to this Agreement and neither the City nor the Agency shall be deemed to be a guarantor nor an obligated party for the actions or inactions of the other. The City and the Agency have incurred separate legal obligations pursuant to this Agreement that shall be performed by the City or the Agency, as applicable,and any default by either the City or the Agency of an obligation that was incurred by either the City or the Agency shall not become the performance obligation or the financial obligation of the other. 14. Audit and Inspection of Records. 14.1 The Parties agree that their respective records, which shall include, but not be limited to, Project files, accounting records, written policies and procedures, public bid documents, engineering and construction contracts, consultant contracts and payment history, contract files (including plans and specifications), original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence relied upon to substantiate charges related to the Project(collectively referred to as the"Records'), shall be open to inspection and subject to audit and reproduction by each Parties' auditors or other authorized representatives at all reasonable times, in order for the Parties to enforce their rights under this Agreement and permit evaluation of expended costs. The cost of said audit shall be at the expense of the Party requesting the audit. Page 13 of 20 14.2 The Parties, through any of their duly authorized representatives, upon providing at least forty-eight (48) hours prior written notice, shall be afforded access to all of the Records of the other related to the Project during normal business hours and shall be allowed to interview any employee, consultant or contractor of the other, subject to reasonable limitations, throughout the term of this Agreement. 14.3 Information contained in the Records or other matters discovered during such audits or inspections shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights by the Parties hereunder. 14.4 All Records pertaining to the Project must be retained by the Parties for three (3) years, or for any longer period required by law, following the complete fulfillment and satisfaction by the Parties of all commitments made and undertaken pursuant to this Agreement. 15. Exhibits. The following exhibits are hereby incorporated into and made a part of this Agreement wherever referred to as though set forth at length, except where certain portions of specific exhibits have been deleted or superseded by sections of this Agreement: Exhibit"A" Project Description Exhibit`B" In-Kind Staff Support Form Exhibit"C" Planning Department Policy and Procedures,In-Kind Contributions Exhibit"D" Joint Development Policies and Guidelines Exhibit"E" City TOD Guidelines Exhibit"F" Insurance Requirements 16. Dispute Resolution. 16.1 Negotiation. In the event of a dispute, claim or controversy arising from or in relation to this Agreement, the Parties agree to undertake good faith attempts to resolve said dispute, claim or controversy within seven(7)calendar days after the receipt of written notice from the Party alleging that a minor dispute, claim or controversy exists. The Parties additionally agree to cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not resolved within thirty (30) calendar days after conducting the first negotiating session, any Party may then request that the matter be submitted for mediation pursuant to this Agreement. 16.2 Mediation. If any Party, in accordance with this Agreement, requests that an unresolved minor dispute, claim or controversy be submitted to mediation, the Parties agree first to undertake good faith efforts to settle the dispute through mediation administered by JAMS pursuant to its Comprehensive Mediation Rules and Procedures. If any Party rejects the resulting mediation determination, within a period of fifteen (15) calendar days after such decision is deemed received, then, upon written notice by any Party or Parties to the other Parties, all disputes, claims, questions or differences shall be finally settled through non-binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. 16.3 Arbitration. In the event of a major dispute, claim or controversy arising from or in relation to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of this Agreement to arbitrate), or any Parties' rejection of a mediation determination pursuant to this Agreement (collectively referred to as the "Controversy"), the Parties agree to submit the Controversy to non-binding arbitration conducted by one Page 14 of 20 (1) arbitrator selected in the manner as provided herein. Such arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator must be mutually acceptable to all Parties that are the subject of the proceeding, and shall be approved as such in writing prior to commencement of any arbitration proceeding. Any award granted pursuant to this section shall be non-binding, advisory and shall not be entered as a judgment in any court(except on mutual consent of the Parties). The award shall not be cited as evidence or precedent, with any preclusive effect, in any court, arbitration, or other proceeding. The Parties shall not refer to any arbitration proceeding entered into pursuant to this section or any award, pleadings, briefs, testimony or process relating to the same in any subsequent proceeding. 16.4 Legal Action. Compliance with the provisions of Sections 17.1 through 17.3 shall be a condition precedent to any legal action, provided that nothing herein shall limit the Parties' right to terminate this Agreement for failure to comply with the insurance provisions herein, default, or a lack of Project funding. 16.5 Allocation of Fees and Costs. The Parties agree to share the fees of the mediator, arbitrator and all costs associated with mediation and arbitration; provided, however, each Party that is subject to the proceeding shall be responsible for its own legal costs, including attorneys' fees and the costs associated with experts. 17. Default. 17.1 Notice of Default. Failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement;provided,however,that if the Party or Parties who are otherwise claimed to be in default by the other Party or Parties commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and thereafter diligently undertakes efforts to complete such cure, correction or remedy, such Party or Parties shall not be deemed to be in default hereunder. The Party claiming that a default has occurred shall give written notice of default to the defaulting Party or Parties, specifying the deficiencies causing the alleged default. Delay in giving such written notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the non-defaulting Party or Parties shall have no right to exercise any remedy for a default hereunder without first delivering the written default notice as specified herein. 17.2 Failure to Cure. In the event that the defaulting Party or Parties fails to commence to cure, correct or remedy a default within thirty (30) calendar days following receipt of written notice, or thereafter fails to diligently complete such cure,correction or remedy, a breach of this Agreement shall be deemed to have occurred. In the event of a breach,the non-defaulting Party or Parties may terminate this Agreement through a written notice of termination. Disputes regarding the facts that may have given rise to termination under this section shall be subject to the dispute resolution provisions provided above, but the right to terminate for such reason shall not be subject to review. 17.3 Termination of Funding. Omnitrans shall retain its right to terminate this Agreement and the Project at any time due to the lack of adequate federal or state funding or the lack of or denial of any required approval from any federal, state or local agency. Disputes regarding the facts that may have given rise to termination under this section or the right of Omnitrans to terminate pursuant to this section shall not be subject to the dispute resolution provisions as provided in this Agreement. 17.4 Changed Conditions. In the event that any Party to this Agreement, despite its best efforts, cannot, for reasons beyond the control of the Party, timely satisfy a contingency or condition required by this Agreement, that Party shall provide immediate written notification to the other Parties Page 15 of 20 within seven (7) calendar days after the occurrence of the event specifying the reasons for which the requirements cannot be met. As soon as practically possible thereafter, the Parties shall meet and confer in good faith to consider the changed conditions and the potentially adverse impacts upon this Agreement. The Parties shall work in good faith to resolve the problem and if this meet-and-confer process results in a recommended restructured form of this Agreement, representatives of all Parties will recommend such changes as necessary to the individual, Party or governing body authorized to amend this Agreement. Any approval of such restructured Agreement shall be subject to the amendment provisions provided below. 18. Force Majeure. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default, or considered to be a default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. Delays encountered by any Party in obtaining governmental actions, reviews, approvals and permits shall not be deemed to be an enforced delay or a force majeure event pursuant to this section. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however, that the Party that claims the existence of the delay has fast provided each of the other Parties with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party's failure to timely submit such notice of the occurrence of the delay pursuant to this section shall be precluded from asserting the occurrence of an enforced delay or force majeure event. 19. Attorneys' Fees. Except as otherwise expressly provided herein, each Party who files any action or brings any action or proceeding against the other arising from this Agreement, seeks resolution of disputes pursuant to this Agreement or is made a party to any action or proceeding brought by any other person or governmental entity, shall bear its own costs and fees. 20. Laws and Regulations. Each Party shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of this Agreement or any work related to the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Each Party shall be liable for all violations of such laws and regulations in connection with this Agreement or any work related to the Project. If any Party performs any of its obligations hereunder knowing that its actions are contrary to such laws,rules and regulations and without giving written notice to the other, the violating Party shall be solely responsible for all costs arising therefrom. The violating Party shall defend,indemnify and hold the other, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 21. Approvals. Approvals required of Omnitrans, Agency or City, or any officers, agents or employees of any Party, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time. 22. Miscellaneous Terms 22.1 Notices,Demands and Communications Between the Parties. Page 16 of 20 22.1.1 Formal notices, demands and communications between Omnitrans, Agency and City shall be deemed sufficiently given if. (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid, return receipt requested, as designated in this section; or (ii) by messenger service for immediate personal delivery; or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as the Parties may from time to time designate by written notice to the other Parties. 22.1.2 All notices,demands and communications shall be sent, as follows: TO OMNTTRANS: TO CITY: Omnitrans City of San Bernardino Attention: CEO/General Manager Attn: City Manager 1700 West Fifth Street 300 North D Street,6`"Floor San Bernardino,CA 92411 San Bernardino,CA 92418 TO AGENCY: Redevelopment Agency of the City of San Bernardino Attn: Executive Director 201 North E Street San Bernardino,CA 92401 22.1.3 Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, five(5)calendar days after deposit with the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. 22.2 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 22.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 22.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 22.5 Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. 22.6 Third Party Beneficiaries. This Agreement and the performance of the Parties' obligations hereunder are for the sole and exclusive benefit of the Parties. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against the Page 17 of 20 Parties hereunder as a result of any Party's performance or nonperformance of their respective obligations under this Agreement. 22.7 Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of San Bernardino, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for San Bernardino County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County of San Bernardino, California, and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. 22.8 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning,and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of City, except as otherwise specified in this Agreement. All references to Agency include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of Agency, except as otherwise specified in this Agreement. All references to Omnitrans include its officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only,and do not define,limit,augment,or describe the scope,content,or intent of this Agreement. 22.9 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party or Parties on any default shall impair such right or remedy or be construed as a waiver. Any Parties' consent or approval of any act by the other Parties requiring their consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by any Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 22.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Parties. All warranties and promises to indemnify shall survive the termination, abandonment,or completion of this Agreement. 22.11 Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement; (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (iii) it is aware of the content and legal effect of this Agreement; and(iv) it is not relying on any representations made by the other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as expressly set forth in this Agreement. 22.12 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. Page 18 of 20 22.13 Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon,each of the Parties and their respective successors and assigns. 22.14 Authorized Representatives. The person or persons executing this Agreement on behalf Omnitrans, Agency and City warrant and represent that he/she has the authority to execute this Agreement on behalf of that Party and that they have the authority to bind that Party to the performance of its obligations hereunder. 22.15 Entire Agreement. This Agreement constitutes the entire and integrated agreement of Omnitrans, Agency and City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations,representations or agreements. [SIGNATURES ON THE FOLLOWING PAGE] Page 19 of 20 SIGNATURE PAGE TO COOPERATIVE AGREEMENT City OMNITRANS By: By: Mayor Durand L.Rall, CEO/General Manager Dated: Dated: APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: By: By: City Attorney Legal Counsel ATTEST: By: City Clerk AGENCY By: Emil Marzullo,Interim Executive Director Dated: APPROVED AS TO LEGAL FORM: By: Legal Counsel Page 20 of 20 Exhibit"A" Project Description Omnitrans sbX E Street Corridor BRT Project t s ' 3lniNnr.l �. O M11<014.11&vrmer.I 1 1 e tom, 1 I r . PLAIN SAN PIP&A RD)ND = O .tine SLesl t"' '-tj� MGHLAND ' f L .1, an frenn O,mv O F I(r.fu+anuc- '•.'� j p. . I� NeUGHAIObna` I i ,. : I L.y;A,LYrYftllln¢` 1 P(-rer _t I -1 �.. ❑'dr,u r,hc. ko,r. 17 0 \ LOMA A LINbA I. REDLA_NDS W,IIo„w” REV R-30Aa t00 ^r,Llel PopmedslaXAllgm ent(Reli el LPp) —°- City lluundaries Preliminary Laatiom of Exclusive Cmwl,anes rar. Proposed Redands BaillMetmlink FJnfn3b11 • PoterNialstYSt6 vs 0 PwwialtbXSrationswltn Park-arid-Ride Exhibit"A" Project Description Over the past four years, the sbX E Street Corridor BRT Project (The Project) has evolved as the highest priority corridor identified in the System-Wide Transit Corridor Plan for the San Bernardino Valley, through the Alternatives Analysis and selection of the Locally Preferred Alternative (LPA), through the FTA Small Starts rating process, to the current Project Development phase. The intent now is to refine the Phase 1 LPA that received a "Medium" rating from FTA in 2007 into the most appropriate project that can be implemented to serve the Cities of San Bernardino and Loma Linda. The original 15.7 mile long LPA included 5.4 miles exclusive side-running lanes and 10.9 miles of mixed flow BRT operation, with 23 stations, four park-and-ride facilities for 610 spaces, and transit signal priority treatments and one queue jump lane to optimize sbX vehicle operating speed and travel time, while minimizing travel delay, right-of-way acquisitions and other community and environmental impacts. Beginning at the north end-of-line station at Palm Avenue and Kendall Drive, the station will include a sbX turnaround facility and park-and-ride, passenger drop-off/kiss-n-ride, and a driver restroom facility for bus layovers. The sbX vehicles will operate in mixed flow lanes on Kendall Drive between Palm Avenue and University Parkway. The sbX vehicles will use University Parkway and the main entrance loop and sbX station to serve the California State University San Bernardino campus and provide connections with campus shuttle buses and local Omnitrans buses including routes 2, 5, 7, and 11. From University Parkway/Kendall Drive, the sbX vehicles will operate in mixed flow lanes with side running stations at Little Mountain Parkway with split (northbound and southbound), far- side platforms; Shandin Hills Drive with split, far-side platforms; Marshall Boulevard with split platforms on the north side of Marshall Boulevard; Highland Avenue with split, near-side platforms; and Baseline Street with split platforms, both on the south side of Baseline Street to minimize impacts to adjacent properties. The Marshall Boulevard station will include a park-and- ride facility on the two properties, one on each side of E Street, on the north side of Marshall Boulevard. The split station platforms will both be located to facilitate access to the park-and- rides and minimize impacts to adjacent properties. Exhibit"B" THE CITY OF SAN BERNARDINO'S IN-KfND STAFF SUPPORT ON THE PROJECT DEVELOPMENT TEAM Year Job Title Department FY 2007-08 FY 2008-09 FY 2009- 10 FY 2010— 11 FY 2011 - 12 FY 2012- 13 FY 2013 - 14 Exhibit"C" Omnitrans Planning Department Policy and Procedures, In-Kind Contributions 1.0 POLICY STATEMENT Omnitrans Planning and/or IPMO staff shall ensure that the applicable grant(s) file and contract records properly document any In-Kind Contributions that are allowable and necessary to accomplish program activities in accordance with applicable federal regulations. Costs used to satisfy an Omnitrans [hereinafter referred to as "Grantee's"] matching share or cost-participation requirement may be financed using either or both of the following: ❑ Allowable cost incurred by the Grantee; ❑ The value of third-party in-kind contributions. 1.1 SCOPE AND INTENT The purpose of this policy and procedure is to describe the process for valuing the in-kind contribution(s) and documenting the record. . The grantee's records must show how it arrived at the valuation placed on the in-kind contributions. . 2.0 DEFINITION OF TERMS Cooperative Agreement Is a legal instrument reflecting a relationship between the U.S. Government and a State, a local government, or other recipients, and is used when: 1) The principal purpose of the relationship is to transfer a thing of value to the State, local government, or other recipients to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the U.S. Government; and 2) Substantial involvement is expected between the Federal agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement In-Kind Contributions represent the value of non-cash contributions provided by: (1) the recipient, (2) other public agencies and institutions, and (3)private organizations and individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantee's in-kind contribution. Equipment can be donated,if FTA and the recipient agree on its value- -then only when authorized by Federal legislation may property purchased with Federal funds be considered as the recipient's in-kind contributions. Local Government Means a local unit of government including specifically a county, municipality, city, town, township, local public authority, special district, intrastate district, council of governments, sponsor group representative organization, and other regional or interstate government entity, or any agency or instrumentality of a local government. Property Means, unless otherwise stated, real property, equipment, supplies, intangible property and debt instruments. Third-party Contributions Means, property or services which benefit a federally assisted project or program and which are contributed by non-Federal third parties without charge to the recipient, or a cost-type contractor under the grant agreement. Third party in-kind contributions may be in the form of real property, equipment, supplies and other expendable property, and the value of goods and services directly benefiting and specifically identifiable to the project or program. 3.0 RESPONSIBILITIES The responsibilities defined herein are provided within the context of this policy and procedure. Any deviation from the responsibilities described below must be approved in writing by OMNITRANS Chief Executive Officer/General Manager. Project Manager The Project Manager in cooperation with the Director of Planning shall be responsible for obtaining written documentation from the recipient or Third Party of their hi-Kind Contribution. . The letter of documentation must contain a record of the valuation process utilized [e.g. Third Party donates office space; the contribution letter must contain statement that the office space is valued at the fair market rental value, along with the any required supporting documentation on the fair market rental value, such as valuation by a certified real property appraiser.] Director of Planning Omnitrans Director of Planning has overall responsibility for ensuring that the contract and project files are properly documented in reference to supporting documentation for in-kind contributions. Grants Manager Omnitrans Grants Manager shall ensure that the applicable grant files associated with the funding of the project(s) shall contain documentation of any in-kind contribution. Legal and Regulatory Compliance Manager The Legal and Regulatory Compliance Manager is responsible for issuing a determination as to whether the "In-Kind" contribution valuation complies with federal regulations. . The determination shall be issued in writing and documented in the project and applicable grant files. 4.0 PROCEDURES 4.1 VALUATION OF DONATED SERVICES 4.1.1 VOLUNTEER SERVICES Unpaid services provided to a grantee or subgrantee by individuals will be valued at rates consistent with those ordinarily paid for similar work in the grantee's or subgrantee's organization. If the grantee or subgrantee does not have employees performing similar work, the rates will be consistent with those ordinarily paid by other employers for similar work in the same labor market. In either case, a reasonable amount for fringe benefits may be included in the valuation. 4.1.2 EMPLOYEES OF OTHER ORGANIZATIONS When an employer other than a grantee, subgrantee, or cost-type contractor furnishes free of charge the services of an employee in the employee's normal line of work, the services will be valued at the employee's regular rate of pay exclusive of the employee's fringe benefits and overhead costs. If the services are in a different line of work, paragraph (c) of 49 Code of Federal Regulations Part 18.24 applies. 1. The Department of Transportation Act (49 U.S.C., Section 22105(a)(1) (D)) limits in-kind service contributions under the local Rail Service Assistance Program to "the cash equivalent of State salaries for State public employees working in the State rail assistance program, but not including overhead and general administrative costs." 4.2 VALUATION OF THIRD PARTY DONATED SUPPLIES AND LOANED EQUIPMENT OR SPACE If a third party donates supplies, the contribution will be valued at the market value of the supplies at the time of donation. If a third party donates the use of equipment or space in a building but retains title,the contribution will be valued at the fair rental rate of the equipment or space. 4.3 VALUATION OF THIRD PARTY DONATED EQUIPMENT,BUILDINGS,AND LAND If a third party donates equipment, buildings, or land, and title passes to a grantee or subgrantee, the treatment of the donated property will depend upon the purpose of the grant or subgrant, as follows: 4.3.1 AWARDS FOR CAPITAL EXPENDITURES If the purpose of the grant or subgrant is to assist the grantee or subgrantee in the acquisition of property, the market value of that property at the time of donation may be counted as cost sharing or matching, 4.3.2 OTHER AWARDS If assisting in the acquisition of property is not the purpose of the grant or subgrant, paragraphs (e) (2) (i) and (ii) of 49 Code of Federal Regulations Part 18.24 apply: i. If approval is obtained from the awarding agency, the market value at the time of donation of the donated equipment or buildings and the fair rental rate of the donated land may be counted as cost sharing or matching. In the case of a subgrant, the terms of the grant agreement may require that the approval be obtained from the Federal agency as well as the grantee. In all cases, the approval may be given only if a purchase of the equipment or rental of the land would be approved as an allowable direct cost. If any part of the donated property was acquired with Federal funds, only the non-federal share of the property may be counted as cost-sharing or matching. ii. If approval is not obtained under paragraph (e)(2)(i) of 49 Code of Federal Regulations Part 18.24, no amount may be counted for donated land, and only depreciation or use allowances may be counted for donated equipment and buildings. The depreciation or use allowances for this property are not treated as third party in-kind contributions. Instead, they are treated as costs incurred by the grantee or subgrantee. They are computed and allocated (usually as indirect costs) in accordance with the cost principles specified in 49 Code if Federal Regulations Part 18.22, in the same way as depreciation or use allowances for purchased equipment and buildings. The amount of depreciation or use allowances for donated equipment and buildings is based on the property's market value at the time it was donated. 4.4 VALUATION OF GRANTEE OR SUBGRANTEE DONATED REAL PROPERTY FOR CONSTRUCTION/ACQUISITION If a grantee or subgrantee donates real property for a construction or facilities acquisition project, the current market value of that property may be counted as cost sharing or matching. If any part of the donated property was acquired with Federal funds, only the non-federal share of the property may be counted as cost sharing or matching. 4.5 APPRAISAL OF REAL PROPERTY In some cases under paragraphs (d), (e) and (f) of 49 Code of Federal Regulations Part 18.24, it will be necessary to establish the market value of land or a building or the fair rental rate of land or of space in a building. In these cases, the Federal agency may require the market value or fair rental value be set by an independent appraiser, and that the value or rate be certified by the grantee. This requirement will also be imposed by the grantee on sub-grantees. 4.6 DOCUMENTATION OF IN-HIND CONTRIBUTIONS All contributions shall be documented in cooperative agreements and any contributions not utilized on the project shall be returned to the awarding agency/entity. 5.0 FLOW CHART None 6.0 REFERENCES ❑ FTA, Grants and Financing—Definitions ❑ Federal Grants Management Handbook, September 2007—In-Kind Contributions ❑ 49 Code of Federal Regulations, , Part 18 —Matching or Cost Sharing 7.0 ATTACHMENTS None 8.0 PROCEDURE HISTORY Revision Revision Summary of Revision Approved Level Date New Procedure 12/03/08 Exhibit"D" Joint Development Policies and Guidelines 1.0 POLICY STATEMENT The core of all of OMNITRANS' activities and initiatives stems from its commitment to operate the best-managed transit system possible. Every policy and program will be formulated to reinforce and sustain OMNITRANS' commitment to provide a safe, reliable, cost-effective public transit system to all residents in the Riverside/San Bernardino County area. OMNITRANS, by its very nature, creates opportunities for TRANSIT ORIENTED DEVELOPMENT (TOD) projects around each of its transit centers and along its major bus routes. Many TODs have been, and will be, initiated on land not owned by OMNITRANS but by private entities and other public agencies. In these situations, OMNITRANS will work with adjacent and nearby property owners to integrate and support accessibility of potential patrons into the transit system through direct pedestrian access and other means. In the late 1990's, the Federal Transit Authority (FTA) changed its policies concerning excess land, originally bought with Federal Funds for station development and now available for related uses. The FTA now encourages transit systems, such as OMNITRANS, to undertake Transit- Oriented joint development projects in order to provide extended services to a potentially larger number of patrons, to secure a revenue stream to support operations of the transit system, and to help shape communities around each station. Thus, transit-oriented joint-development (TOD), as directed by OMNITRANS, offers opportunities to generate urban, infill communities around many existing transit centers and fixture sbX stations by leasing or selling property rights to developers. It is expected that the developer, in concert with OMNITRANS, will not only respond to existing land use opportunities and market demands, but also create mixed-use, accessible, pedestrian- oriented communities. These developments, while responding to adjacent uses; such as medical, education, arts and business centers, will generate new "living villages" made up of a diverse population in terms of age, ethnicity, income and occupation by creating a mix of economically varied housing types with retail sales options, work opportunities and environmentally healthy spaces for neighborhood interactions. In some instances, TOD can foster local and regional mobility needs by providing opportunities to connect with local and regional transit services. By focusing development that meets the housing, employment and mobility needs of the jurisdiction and by concentrating the intensity and density of development around each Transit Center and future sbX stations; such as healthcare, education and entertainment centers, and providing major parking facilities at end-of-line stations, the system will provide access to more people and help to reduce automotive traffic, while enhancing pedestrian activity and human interaction. OMNITRANS will thus increase its broad- based ridership and establish an economic base for its daily operations through increased fare box revenue, lease payments from developers, and sales tax collections. 2.0 INTRODUCTION OMNITRANS defines joint development as a creative program through which property interests owned and/or controlled by OMNITRANS are marketed to office, retail/commercial, recreational/entertainment and residential developers with the objective of developing transit oriented development projects. Projects are encouraged that integrate OMNITRANS's transit facilities, reduce automobile dependency, increase pedestrian/bicycle originated transit trips, foster safe station areas, enhance surrounding area connections to transit stations, provide mixed use including housing and the opportunity to obtain goods and services near transit stations, offer active public spaces, promote and enhance ridership, generate long-term revenues for OMNITRANS, and encourage revitalization and sound growth in the communities which OMNITRANS serves. OMNITRANS's joint development opportunities consist of property interests owned or controlled by OMNITRANS and approved by the OMNITRANS Board of Directors. The Goals of ONMTRANS's Joint Development Program are: It is OMNITRANS' policy to encourage prospective developers to conduct market research and apply their expertise to propose the best use or mix of uses on a particular property. At appropriate locations, mixed-use development with multifamily residential, retail, office and other components is preferred by OMNITRANS because it creates both origins (e.g., residences, hotels) and destinations (e.g., employment centers, shops, restaurants) for transit riders. Mixed-use developments within walking distance of stations facilitate the most efficient use of OMNITRANS' transit system carrying capacities. Among OMNITRANS' goals and objectives for its joint development projects are: • Promote Transit Oriented Development (TOD) by giving priority to Joint Development proposals which contain the following smart growth principles on private properties adjacent to OMNITRANS transit centers and future stations; • Create a source of revenue for OMNITRANS to operate and maintain the transit system by expeditiously negotiating joint development agreements between OMNITRANS and public or private development entities; • To create developments with new residences, employment centers and recreational- cultural opportunities available and affordable to the citizens of OMNITRANS' service area; • To act as a catalyst for additional transit-oriented development within a half mile of Transit Centers on land which is not owned by OMNITRANS. • Assist the OMNITRANS jurisdictional areas to recapture a portion of their past past financial contributions to the support of public transit by expanding the local property tax base and adding value to available local revenue. 3.0 PURPOSE The purpose of this policy and guidelines is: • To disseminate information about OMNITRANS's Joint Development program to developers, local jurisdictions, the local community and the general public; • To identify the roles and responsibilities of the OMNITRANS Board of Directors, the Chief Executive Officer/General Manager, local jurisdictions, developers and the community in the joint development process; • To establish procedures for the marketing of joint development sites and the selection of private and public sector joint development participants through a competitive proposal process (except in instances of joint development agreements entered into with adjacent property owners at OMNITRANS's discretion); • To define OMNITRANS' community involvement process in the joint development program; and • To identify a procedure for addressing special joint development sites. 4.0 SCOPE OF POLICIES AND GUIDELINES These policies and guidelines apply to joint development projects to which OMNITRANS is a party. 5.0 POLICIES OF LOCAL JURISDICTIONS AFFECTING JOINT DEVELOPMENT OMNITRANS coordinates closely with local jurisdictions, Redevelopment Agencies, SANBAG, SCAG, SCRRA and the State of California, to implement its joint development program. Additionally, OMNITRANS requires its selected developers to work with local jurisdictions throughout the joint development process. The policies which influence joint development activity in local jurisdictions are generally contained in planning, land use and related documents, such as general plans, specific plans, sector or station area plans, zoning ordinances and maps, adequate public facilities ordinances and capital improvement programs. Interested parties may obtain these documents and plans by contacting the jurisdiction involved. In addition, developers are required to seek the views of the local jurisdiction prior to submitting a proposal to OMNITRANS. 6.0 MAJOR ROLES AND RESPONSIBILITIES IN THE JOINT DEVELOPMENT PROGRAM The OMNITRANS joint development program is implemented by the combined efforts of the Board, the Chief Executive Officer/General Manager and OMNITRANS staff, local jurisdictions, developers and the community. Their major responsibilities are outlined below: 6.1 The OMNITRANS Board of Directors The OMNITRANS Board of Directors establishes policies on behalf of OMNITRANS for joint development, exercises specific approvals within the joint development process, and maintains oversight of the joint development program. Approve developer selection and a non-binding term sheet based on a staff recommendation, authorize staff to negotiate a lease or sales agreement (the final contract) with the designated developer, and approve the terms of such final contract. Additionally, the OMNITRANS Board conducts a public hearing, prior to final site plan approval by the local jurisdiction, when such is required due to a change in transit access or parking to the site. 6.2 Chief Executive Officer/General Manager The Chief Executive Officer/General Manager or his or her designee shall be be responsible for the overall management, administration and conduct of the joint development activities on behalf of OMNITRANS. 6.3 Local Jurisdictions Jurisdictions in the OMNITRANS service area include: the San Bernardino County, and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrance, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa. In addition, OMNITRANS will work with the State of California. • OMNITRANS and local jurisdictions maintain an ongoing, informal dialogue regarding planning and zoning changes at or around OMNITRANS sites, developers interest in such sites and any jurisdictional initiatives for planning for TODs. • Local jurisdictions participate with OMNITRANS and consultants in conducting the real estate portfolio analysis which is used to help identify sites for possible joint development studies. • OMNITRANS will work with Local jurisdictions in determining the suitability of specific sites as joint development opportunities in a future solicitation. The local jurisdiction and the OMNITRANS Board member from that particular jurisdiction shall be asked to provide OMNITRANS with a list of community organizations, including municipalities, community groups, and civic associations that could be interested in the development of the property. (Note: The list of interested organizations will be retained by OMNITRANS and provided to all potential developers upon request.) • Local jurisdictions, at their discretion, are encouraged to directly sponsor joint development projects within their boundaries. Local jurisdictions are encouraged to mobilize their own resources and those of private developers to jointly propose a joint development project on an available site in coordination with OMNITRANS. • OMNITRANS's solicitations encourage developers to contact local jurisdictions to obtain land use and zoning information about a site prior to submitting joint development proposals to the OMNITRANS. In addition, developers are required to meet with community organizations that have been identified by the local jurisdictions as those that would be interested in the development of a site within their area. • Local jurisdictions are asked to designate a person or office as the liaison to OMNITRANS for joint development activities. • Local jurisdictional representatives receive a briefing from OMNITRANS staff when proposals are received. • Local jurisdictional representatives are invited to participate in the oral presentation by the developer to OMNITRANS's technical evaluation committee. Developers are required to organize their presentations into two segments: 1) land use proposals, zoning actions required, construction schedules; and 2) financial offer to OMNITRANS. (Local jurisdictional representatives do not participate in the discussion of the second segment.) • Local jurisdictional representatives are invited to participate in the technical evaluation committee discussion(s) of the proposal and to provide formal comments to the committee. • If desired, the local jurisdictions participate with the developer in informational meetings with the community organizations which have been identified by the affected jurisdiction. • Local jurisdictions are invited to submit formal comments during the evaluation of development proposals submitted in response to a formal solicitation or unsolicited proposal. • After selection of a developer by the Board, local jurisdiction continue their involvement. • Local staff are provided periodic updates and status reports by OMNITRANS staff. • Developers' site plans are reviewed by OMNITRANS and local jurisdictional staffs. • Local jurisdictions may sponsor community forums and invite OMNITRANS staff and developer to participate. • OMNITRANS monitors any required zoning and other actions by the local jurisdictions; OMNITRANS staff participation is on an "as directed by Board members" basis. • Local jurisdictions review and approve (or disapprove) the developers' site and project plans through local policies, land use plans, zoning and development-related capital improvements. • Following approval of the development by the local jurisdiction, but prior to final site plan approval, when such is required due to a major change to transit facilities such as customer parking or access to the site, a OMNITRANS public hearing is required, the affected local jurisdiction will be invited to be a participant in that public hearing process. 6.4 Developers Public and private development entities, land owners or their agents may participate in planning as well as in implementation phases of the joint development program. • Developers may propose introduction of a site for consideration through the coordination with local jurisdictions and OMNITRANS. • Developers or other interested parties may initiate unsolicited proposals for a OMNITRANS property at any time. Such proposals are processed in accordance with the procedures provided in the Unsolicited Proposal section. • Potential developer(s) are required to meet with the local jurisdiction and interested community organization(s) to share information about a pending proposal submission to OMNITRANS and to seek their views prior to submitting the proposal to OMNITRANS. At these meetings, the developer is expected to share as much detailed information as possible about his/her proposed project. As part of the submission to OMNITRANS, the developer will provide information about the meetings held with the local jurisdiction and interested community organizations, including an identification of issues raised at the meetings and how his/her proposal addresses them. The developer will also include in the submission how the proposed project meets the goal of achieving transit oriented development. • Upon receipt of proposals, OMNITRANS staff will evaluate the proposals for the developer's technical capacity, competency, satisfaction of the community meeting requirement and may reject any that do not meet technical and business standards. • Proposals will be processed as set forth in Sections 7.0 and 8.0. • A selected developer will be required to participate in a OMNITRANS public hearing process after approval of the developer's proposal by the local jurisdiction, but, prior to final site plan approval, if the proposal necessitates a major change in transit facilities such as customer parking or access to the site. • A selected developer will, with OMNITRANS assistance, obtain all necessary plan approvals, zoning and permits from the local jurisdiction. • A selected developer will plan, construct and operate a joint development project in accordance with pertinent joint development agreements and jurisdictional laws and requirements. 6.5 Community • Potential developer(s) will be required to meet with the local jurisdiction and interested community organization(s) to share information about a pending proposal submission to OMNITRANS and to seek their views prior to submitting the proposal to OMNITRANS. At these meetings, the developer is expected to share as much detailed information as possible about his/her proposed project. As part of the submission to OMNITRANS, the developer will provide information about the meetings held with the local jurisdiction and interested community organizations, including an identification of issues raised at the meetings and how his/her proposal addresses them. The developer will also include in the submission how the proposed project meets the goal of achieving transit oriented development. • Upon receipt of proposals, OMNITRANS staff will evaluate the proposals for the developer's technical capacity, competency, satisfaction of the community meeting requirement and may reject any that do not meet technical and business standards. • Proposals will be processed in accordance with Sections 7.0 and 8.0. • Following the Board's approval of the negotiated final contract, the selected developer will be required to send a letter to the interested community organizations that he/she initially met with to inform them as to how the project approved by OMNITRANS addresses their issues or concerns. • The selected developer will then go through any land use, zoning, permitting or entitlement processes required by the local jurisdiction, including any public hearings. 7.0 JOINT DEVELOPMENT PROCEDURES This section describes the procedures followed for joint development. The stages are illustrative; they are not mandatory; and may not be necessary for each joint development project. A separate set of procedures applies to the processing of unsolicited proposals. 7.1 OMNITRANS will seek to identify sites it believes are suitable for development. The list of potential sites will be submitted to local jurisdictions by the CEO/General Manager for comment. As part of their review local jurisdictions can recommend special sites for inclusion in listing for Board's consideration. 7.2 Board Approval of selection site and Authorize the CEO/General Manager to Initiate a Joint Development Competitive Developer Selection Process. 7.3 Development and Issuance of Solicitation Document Planning in conjunction with Procurement drafts a Solicitation Document to solicit joint development proposals from developers on a competitive basis for site(s) approved by the Board. Concurrently, OMNITRANS offices and the affected jurisdictions are consulted for comments. The local jurisdiction advises OMNITRANS as to planning, urban design and other guidelines which will apply to the proposed development site. OMNITRANS then issues a Solicitation Document following its established joint development competitive selection procedures. Normally these include: • Advertisement of the availability of the solicitation in local and national newspapers; • A pre-proposal conference, if needed, to respond to questions from prospective respondents; • A proposal due date, generally 30 to 60 days from the date of issuance of the Solicitation Document; • Review and evaluation of proposals as set forth in Section 8.0. 8.0 JOINT DEVELOPMENT COMPETITIVE SELECTION PROCESS 8.1 Introduction Joint Development employs a competitive selection process to which the provisions of the OMNITRANS Procurement Procedure Manual do not apply. Joint Development is the development or disposition of property interests, at or adjacent to transit centers or future sbX stations, owned and/or controlled by OMNITRANS, with the objective of developing transit oriented public and private projects which enhance the ridership and revenue of OMNITRANS and Local Jurisdictions. 8.2 Guidelines and Evaluation Criteria In order to promote the objectives of the Joint Development Program and to provide fair and open competition and full and fair consideration of all proposals for each joint development opportunity, the guidelines set forth below will be followed for Joint Development solicitations. • In order to ensure fair and open competition, OMNITRANS will periodically publicize its joint development opportunities in print media with wide circulation and, as necessary, through solicitation documents and public events. • OMNITRANS will entertain proposals for long-term lease, sale, combination lease/sale or other arrangements. (OMNITRANS prefers transactions other than the sale of its property, but will consider a sale, if it is determined to be in OMNITRANS's best interest.) • OMNITRANS encourages developers to include Disadvantaged Business Enterprises in their joint development projects, and will assist developers in identifying such firms. • In evaluating proposals, the criteria used by OMNITRANS will include, consistent with FTA's "Highest and Best Use" or "Highest and Best Transit Use" requirements, the following: Technical review; Degree to which the project reflects transit oriented development principles; Market/financial viability of the joint development project; Development team experience and prior performance; Innovation and creativity; and Compatibility of development with local requirements and transit area. Economic impact; Enhanced transit centers and OMNITRANS ridership; Financial benefits accruing to OMNITRANS and the local jurisdiction; Joint development project completion time-line. 8.3 Processing of Proposals Proposals will be processed as follows: 8.3.1 OMNITRANS will select the developer for each joint development opportunity using commercially reasonable business practices and screening against the established criteria, including FTA's "Highest and Best Use" or "Highest and Best Transit Use" requirements. 8.3.2 If, after receipt of proposals, material change occurs with respect to matters published in the marketing document or the joint development site, notice of such change shall be provided only to developers who submitted proposals and they shall be afforded an opportunity to amend their proposals accordingly. 8.3.3 OMNITRANS will review the proposals, and identify those proposals reasonably susceptible of being selected for award screening against the selection criteria established in Section 8.2 above and satisfaction of the requirements set out in the marketing or solicitation document. Any proposals which do not meet published requirements and guidelines, and any proposals not reasonably susceptible for selection, may be rejected by the Director of Procurement. 8.3.4 OMNITRANS will conduct a preliminary analysis and evaluation of each proposal. 8.3.5 OMNITRANS may, but is not required to, meet with each developer who submitted a proposal to receive a developer presentation and conduct specific discussions about the proposal. The discussions will include identifying areas of the proposal that require clarification, improvement, or do not comply with the marketing document. The proposers may be requested to submit revised proposals based on the discussions. (Local jurisdictional representatives will be invited to participate in evaluating a proposer's development concept and provide questions/comments to OMNITRANS for discussion with the developer.) 8.3.6 Planning Staff, in coordination with Selection Review Committee will rate each responsive proposal and rank the proposals based upon confidential criteria in accordance with Section 8.2. The Director of Procurement in coordination with the CEO/General Manager and County Counsel will then make a tentative developer selection and commence negotiations of a nonbinding term sheet which outlines the major business terms of the project. If negotiations are unsuccessful, OMNITRANS Staff may terminate negotiations and commence negotiations with the second ranked developer, and those ranked thereafter, in order of ranking. Alternatively, OMNITRANS Staff may enter into competitive negotiations with two or more ranked developers. 8.3.7 As soon the principal terms of a potential developer's project have been reduced to a term sheet, the Administrative Officer in coordination with the CEO/General Manager will submit the recommended selected developer and the term sheet to the Board for approval. 8.3.8 A term sheet entered into with a developer is non-binding and does not constitute a contract; there is therefore no binding agreement between OMNITRANS and the selected developer until the Board has approved the final negotiated contract. 8.3.9 After receipt of Board approval, the Administrative Officer, in coordination with the Procurement Director and Planning Staff, will negotiate a contract with the selected developer that incorporates the terms of the term sheet. A summary of the completed contract, highlighting significant new terms as well as material changes from the term sheet,will be presented to County Counsel for final review and the Board for approval. 8.3.10 If an OMNITRANS public hearing is required due to a major change to transit center, facilities or access to the site, the selected developer will be required to participate in the public hearing process and fund the costs of the public hearing. The OMNITRANS public hearing shall be held after approval of the developer's proposal by the local jurisdiction,but prior to final site plan approval. 8.4 Unsolicited Proposals Proposals received for development of a site owned by OMNITRANS which were not in response to a specific marketing effort (Unsolicited Proposals) will be processed as follows: 8.4.1 Notice of receipt of the unsolicited proposal will be published in the print media along with OMNITRANS procedure for processing unsolicited proposals, as provided for in this Section. 8.4.2 OMNITRANS will begin processing the unsolicited proposal in accordance with Section 8.3 to determine if the proposal merits selection for award of a contract. 8.4.3 If OMNITRANS receives additional proposals before developer selection is completed on the initial unsolicited proposal, any new proposals, including the unsolicited proposal, will be competed and processed in accordance with Section 8.2. 8.4.4 When a developer is selected for award of a contract for the site under either 8.4.2 or 8.4.3 above, no further proposals will be entertained for that site. 8.5 Adjacent Property Owner OMNITRANS may negotiate a joint development agreement with an adjacent property owner without competition and without advertising the availability of OMNITRANS site provided that there is only one adjacent property owner or only one interested adjacent property owner, and OMNITRANS has determined that only a specific adjacent property owner can take advantage of the joint development opportunity due to site constraints or other limiting factors. 8.6 Confidentiality of Proposals OMNITRANS will hold the financial contents of all proposals in confidence until a final agreement is approved and executed; provided however, that OMNITRANS may review the zoning and land use aspects of any proposal(s) with state and local zoning, land use planning, transportation, and environmental officials, and at the sole discretion of the OMNITRANS Board of Directors, such review may include conducting public hearings, town meetings, and similar public forums. Upon approval by the Board of Directors, OMNITRANS staff may release project scope information to the public. 8.7 Approval of Federal Transit Administration The execution of any agreement negotiated between OMNITRANS and the selected developer is contingent upon the approval of OMNITRANS Board of Directors and the Federal Transit Administration of the U.S. Department of Transportation (FTA) under either the "Highest and Best Use" or "Highest and Best Transit Use" concept, if applicable. 9.0 SPECIAL SITES 9.1 Definition OMNITRANS' Joint Development may include one or two special sites that will become a focus of staff efforts to move the properties from a non-marketable status to a viable joint Development site. Special sites may be considered based on a staff recommendation, and based on a recommendation from the local jurisdiction with the Board's concurrence. In making their recommendations, the local jurisdictions may consider the potential of assembling the OMNITRANS-owned property with other private or publically-owned parcels. Additionally, the local jurisdictions may consider the use of brokers or special consultants to evaluate the development steps required at these special locations. Exhibit"E" "E" Street Corridor Task Force San Bernardino Express Transit Oriented Development Policies and Guidelines San Bernardino Express Transit Oriented Development Policies and Guidelines Outlined in this document are proposed Transit Oriented Development Policies recommended for adoption. These policies, once adopted, coupled with strategies for implementation and ways to incentivize this type of development,will enable the City of San Bernardino and Omnitrans to move forward with the sbX BRT Project. Generally, Station Area Plans should define an appropriate mix of uses. Typically,this should include a minimum percentage of employment,retail, and residential uses for the overall planning area. These percentages will vary depending on the individual characteristics of each Station Area, and would be established by a development phasing and land use mix schedule. 1. Policy: Create an environment that meets a wide variety of needs within a compact space to increase transit use, extend hours of activity, and reduce traffic. Strategies: a. Promote a mix of complementary and transit-supportive residential, employment, and retail uses within Station Areas. b. Utilize a vertical mix of uses within the Station Area to facilitate higher development intensities. c. Encourage the development of transit-supportive uses that provide a balance of service, entertainment, employment, and housing options that will make the Station Area a safe, inviting place to live, play and work. d. Concentrate mixed uses in centrally located,high-visibility areas. e. Facilitate the incorporation of public facilities, such as schools,libraries, government service centers,recreation centers, and police substations in the Station Area. 2. Policy: Discourage auto-oriented uses. Strategies: a. Discourage auto-oriented uses such as auto repair and service shops, "big box" retail, and drive-thru fast food within the Station Area. b. Promote transit supportive design including smaller commercial footprints, reduced parking areas, and smaller building setbacks. c. Give priority to pedestrians and bicycles in building design and street layout. 3. Policy: Incorporate a variety of housing types within Station Area Plans. Incorporating housing as a prominent use within Station Areas not only helps meet existing demand for homes,but also provides a built-in population base that supports shops and restaurants, utilizes transit, and will help establish the Station Area as a self sufficient neighborhood. Strategies: a. Incorporate a diversity of housing choices that includes a mixture of densities, styles, and price ranges. b. Vary housing mixtures according to the context of the greater Station Area. c. Define the appropriate variety of housing types based on existing and desired development patterns within the context of adjoining neighborhoods. 4. Policy: Ensure that development patterns are compatible with both the established character of the E Street Corridor and the new framework provided in Station Area Plans. Strategies: a. Station Area Plans should use an assessment of surrounding development context, in conjunction with the Station Area's identifying characteristics,to develop refined policies for the area. b. Transition areas should be identified in Station Area Plans to soften the impact of high-intensity new uses on existing neighborhoods. c. The City will discourage land use patterns in transit corridors and around transit stations that may preclude future Transit Oriented Development. 5. Policy: Focus public infrastructure investments and public economic development investments where development is most desirable to correct existing deficiencies, where the investments will help ensure capacity for high-intensity TOD and where public investments will guarantee additional public revenues for ongoing investments. Strategies: a. Ensure that adequate public facilities, including streets, drainage,pedestrian and bicycle amenities, are in place in advance of or can be completed concurrent with development in Station Areas. b. Coordinate capital improvement plans and public investments by the City, County, SANBAG and private developers to facilitate TOD development. c. Ensure that developers and agencies comply with City requirements for road and intersection improvements. d. Land assembly opportunities 6. Policy: Development intensity and density should be significantly higher in Station Areas to provide a base for a variety of housing, employment, local services and amenities that promote transit usage, encourage pedestrian activity and support a vibrant station area community. Strategies: a. Establish residential density targets in Station Area Plans to provide flexibility and encourage a variety of development intensities and heights. b. Enact non-residential density and height and lot size requirements in Station Area Plans to ensure that development intensities in immediately surrounding the stations are transit supportive and that early phases of development are not built at exceedingly low densities. c. Surface parking lots should be strongly discouraged adjacent to the transit station, except as a temporary or transitional use. d. Provide a transition between the Station Area and the surrounding area by stepping down the height of structures, reducing lot coverage, increasing open space,increasing architectural detailing,reducing permitted maximum densities, changes in use, or a combination of these methods. e. Encourage infill and redevelopment to achieve higher densities and a greater mix of uses. £ Incorporate and Encourage Security by Design planning(lighting elements, possible camera elements and defensible space elements.) 7. Policy: Establish a fully integrated system of functional street networks,pedestrian and bicycle paths,bus stops, sidewalks and station locations that accommodate and encourage the use of non-vehicular modes as preferred methods of travel within and between Station Areas. Strategies: a. An interconnected hierarchy of streets should be established to clearly define primary pedestrian, bicycle and vehicular travel routes between Station Area uses and to uses adjoining the Station Area. b. Limit driveway access points along major thoroughfares and primary bicycle and pedestrian paths. c. Encourage shared parking and driveway access wherever possible. d. Provide clear, direct linkages between transportation modes. 8. Policy: Provide adequate parks or public spaces to encourage community interaction, provide recreation opportunities, and create space for civic activities. Strategies: a. Public spaces, such as parks, water features, and plazas, should be utilized as an organizing feature for Station Area development and as a focal point for the Station Area neighborhood. b. Public spaces should be incorporated into the design of transit stations when feasible to increase the functionality and visibility of the space. c. Community amenities, such as fountains, sculpture and other pubic artwork, seating, and other features that help create identifiable gathering spaces, should be incorporated as part of the pubic open space. d. Clear pedestrian and bicycle linkages should be provided within public spaces and along primary corridors as urban greenways. 9. Policy: Each Station Area should be designed as a distinct neighborhood center that is compatible with and well integrated into the existing neighborhood fabric. They should be unique, vibrant places that invite pedestrian and bicycle activity and maximize transit ridership,while acting as gateways into the surrounding communities. Strategies: a. Development in the Station Area should provide a destination for both transit and local residents. b. Elements of site layout and design should include local gathering places, shopping, services and transit connections. c. Concentrations of mass and height are desirable at key intersections, along transit corridors or major thoroughfares, and at the Station Center. d. Building access and windows within Station Areas should be oriented towards the primary street frontage so that entrances are inviting and accessible to pedestrians from the sidewalk. e. Incorporate generous architectural detailing, including the articulation of building facades,use of stone and other masonry materials, and incorporation of fenestration, awnings,balconies, and other details to provide a high level of interest at the street level. E Investigate utilizing forms-based zoning or other new zone district categories as tools for implementing Overlay Zone Districts. 10. Policy: Allow lower parking ratios within Station Areas as well as alternative parking solutions to achieve more intense development patterns. Strategies: a. Discourage surface parking within the Station Area, except as an interim use to "land bank"property should immediate development of the parcel not be feasible. b. Parking management strategies should be developed to ensure efficient use of limited Station Area parking facilities. c. Surface parking should be located to the side or rear of buildings wherever possible, and broken into smaller areas through the use of landscaping and non- conflicting secondary bike and pedestrian paths. d. Utilize shared parking, trip reduction strategies, and transportation management to reduce off-street parking requirements between 25-50%where it is plausible that residents, employees, customers, or visitors will utilize alternative modes. e. Explore the use of parking districts or other financing tools to fund strategically located parking structures. E Where major parking areas are planned, access should be from collector and arterial roads around the station areas, without impacting existing communities or the pedestrian environment closet to the station. Primary bike and pedestrian paths should lead from these parking areas to primary destinations such as the station, major office areas, high-density residential, etc. Exhibit"F" Insurance Requirements CITY's INSURANCE REQUIREMENTS: 5-1.14 INSURANCE REQUIREMENTS -- Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents,representatives,employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino,the State of California, and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5-1.06,"Contractor's Liability",of these Special Provisions.. The Contractor agrees to protect,defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands,judgments and causes of action caused by the Contractor, its employees,agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.15 LIBILITY INSURANCE — The Contractors attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance with the CITY as certificate holder of no less than ( Bold figures indicate increased coverage for this project involving railroad right of way encroachment.): ` 1. General Liabilitv: $5,000,000.00 per occurrence and $10,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; 2. Products/Completed Operations: $5,000,000.00 per occurrence and $10,000,000.00 aggregate; 3. Automobile Liability: $1,000.000.00 per accident for bodily injury and property damage; 4. Employer's Liabilitv: $5,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.16 WORKERS' COMPENSATION INSURANCE --The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance', of Standard Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. AGENCY'S INSURANCE REQUMEMENTS: INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a"General Policyholders Rating"of at least A(v),as set forth in the then most current edition of"Bests Insurance Guide,"as follows: (1) Commehensive General Liability Insurance. The Consultant shall maintain comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00)combined single limit,per occurrence. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00)combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Contract. (3) Worker's Compensation Insurance, The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Contract. (4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Contract in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Contract and prior to the commencement of any work by the Consultant,the Consultant shall deliver to the Agency,copies of policies or certificates evidencing the existence of the insurance coverage required herein,which coverage shall remain in full force and effect continuously throughout the term of this Contract. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Contract shall name the Agency as an additional insured and shall provide that the policy may not be cancelled,terminated or modified,except upon thirty(30)days prior written notice to the Agency.