HomeMy WebLinkAbout19- Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Robert G. Eisenbeisz, City Engineer Subject: Resolution Amending Resolution
No. 2010-283 approving a Freeway
Dept: Public Works Agreement with the State of California for
the State Highway Route 10 and
Date: October 7, 2010 Tippecanoe Avenue Interchange Project.
File:
Meeting Date: November 1, 2010
Synopsis of Previous Council Action:
08/16/10 Resolution No. 2010-283 adopted approving a Freeway Agreement with the
State of California for the State Highway Route 10 and Tippecanoe Avenue
Interchange Project.
Recommended Motion:
Adopt Resolution.
Robert . senbeisz
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Supporting data attached: Staff Report & Resolution Ward(s): 3
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution Amending Resolution No. 2010-283 approving a Freeway Agreement with the State
of California for the State Highway Route 10 and Tippecanoe Avenue Interchange Project.
Background:
On August 16, 2010, the Mayor and Common Council adopted Resolution No. 2010-283,
authorizing the execution of a Freeway Agreement with the State of California for the State
Highway Route 10 and Tippecanoe Avenue Interchange Project. A copy of said Resolution and
Agreement is attached hereto.
The Freeway Agreement was executed by the City Manager and delivered to Caltrans on
September 16, 2010. Section 2 of the Resolution requires that the Freeway Agreement be
executed by the other parties within 90 days of the date of approval of the resolution or the
approval will be null and void. Therefore the deadline for execution of the Freeway Agreement
by the State of California is November 15, 2010.
The Caltrans Project Manager has advised us that the State cannot execute the Freeway
Agreement until the Environmental Document (ED) for the project is certified. The schedule for
certification of the ED has slipped approximately 3 months due to the discovery of a requirement
for and environmental study not previously anticipated. To allow sufficient time in case of
additional schedule slips, the Caltrans Project Manager is requesting a 6-month extension of the
time allowed to execute the Freeway Agreement.
Approval of this Freeway Agreement is in the best interest of the City. Therefore, staff is
recommending that the resolution be amended to allow a total of 270 days from the date of
approval of the original resolution, which was August 16, 2010, for execution of the agreement
by the State of California. Therefore,the new execution deadline is May 13, 2011.
Financial Impact:
Approval of this resolution will result in no financial impact to the City.
Recommendation:
Adopt Resolution.
Attachments:
1 -Resolution No. 2010-283 and Freeway Agreement.
2
I RESOLUTION NO. CUP)
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
3 RESOLUTION NO. 2010-283 AUTHORIZING EXECUTION OF A FREEWAY
AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE STATE HIGHWAY
4 ROUTE 10 AND TIPPECANOE AVENUE INTERCHANGE PROJECT.
5 WHEREAS, on August 16, 2010, the Mayor and Common Council adopted Resolution
6 No. 2010-283 authorizing the execution of a Freeway Agreement with the State of California for
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the State Highway Route 10 and Tippecanoe Avenue Interchange Project.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
9 SAN BERNARDINO AS FOLLOWS:
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SECTION 1: Section 2 of Resolution No. 2010-283 is hereby amended to read as
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follows: "The authorization to execute the above-referenced agreement is rescinded if the parties
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13 to -the agreement fail to execute it within two-hundred-seventy (270) days of the passage of
14 Resolution No. 2010-283".
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I RESOLUTION OF THE.CITY OF SAN BERNARDINO AMENDING RESOLUTION
2 NO. 2010-283 AUTHORIZING EXECUTION OF A FREEWAY AGREEMENT WITH
THE STATE OF CALIFORNIA FOR THE STATE HIGHWAY ROUTE 10 AND
3 TIPPECANOE AVENUE INTERCHANGE PROJECT.
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 the
6 day of , 2010, by the following vote,to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ
10 DESJARDINS
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15
MC CAMMACK
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17
18 City Clerk
19 The foregoing resolution is hereby approved this day of , 2010.
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21 Patrick J. Morris, Mayor
22 City of San Bernardino
Approved as to form:
23
JAMES F. PENMAN,
24 City Attorney
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26 B �ct 41\j
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C OOP
1 RESOLUTION NO. 2010-283
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE STATE
3 1IGHWAY ROUTE 10 AND TIPPECANOE AVENUE INTERCHANGE PROJECT.
4 WHEREAS, the State of California has requested that the City execute the attached
5 Freeway Agreement defining the obligations of the State and City with respect to funding,
6 onstruction,right-of-way acquisition and long term maintenance of the State Highway Route 10
7
t Tippecanoe Avenue Interchange Project.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The City Manager is hereby authorized and directed to execute said
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Agreement on behalf of the City.
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13 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
14 if it is not executed within ninety(90)days of the passage of this resolution.
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2010-283
1 RESOLUTION ... APPROVING A FREEWAY AGREEMENT WITH THE
STATE OF CALIFORNIA FOR THE STATE HIGHWAY ROUTE 10 AND
2 IPPECANOE AVENUE INTERCHANGE PROJECT.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held
5 on the 16th day of August , 2010,by the following vote,to wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT
7 MARQUEZ x
8
DESJARDINS x
9
10 BRINKER x
11 SHORETT x
12 KELLEY x
13 JOHNSON x
14 MC CAMMACK x
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16
17 Rache lark,City Clerk
18 The foregoing resolution is hereby approved this/ O2`day of August , 2010.
19
20 Patri k J. Morns, a or
21 f San Bernardino
Approved as to form:
22
JAMES F. PENMAN,
23 City ey
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25 By: Atto f._
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f..r -2-
2010-283 rFj
08-SBd-10-PM 24.8/25.7
On Route 10 between the west City
Limit at Hunts Lane and the
East City limit 0.6 miles west of
Tippecanoe Avenue
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of
August , 20 10, by and between the STATE OF CALIFORNIA acting by and
through the Department of Transportation (herein referred to as "STATE"), and the CITY OF
SAN BERNARDINO(herein referred to as "CITY"),
WITNESSETH:
WHEREAS, the highway described above has been declared to be a freeway by Resolution
of the California Highway Commission on July 24, 1957; and
WHEREAS, STATE and County of San Bernardino have entered into a Freeway Agreement
dated October 7, 1968 relating to that portion of State Highway Route 10 between Hunts Lane
and west city limit of Redlands;and
WHEREAS,CITY has subsequently annexed certain areas including portions of such
freeways covered by Freeway Agreement dated October 7, 1968 with the County of San
Bernardino; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated
November 26, 1968, relating to the portion of State Highway Route 10 between west City limit
near Hunts Lane and east City limit at Waterman Avenue; and
WHEREAS, a revised plan map for such freeway has been prepared showing the proposed
plan of the STATE as it affects streets of the CITY;and
WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway
Agreement in accordance with the revised plan of said freeway.
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes that portion of said Freeway Agreement, dated
October 7, 1968 between the west City limit at Hunts Lane and east City limit 0.6 miles west of
Tippecanoe Avenue.
2. This Agreement supersedes in its entirely said Freeway Agreement dated
November 26, 1968.
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2010-283
I
3. CITY agrees and consents to processing the closing of CITY streets, relocation of CITY
streets, construction of frontage roads and other local streets, and other construction affecting
CITY streets, all as shown on the plan map attached hereto marked Exhibit A and made a part
hereof by this reference.
4. The obligations of STATE and CITY with respect to the funding and construction of the
freeway project
will always be dealt with in separate Cooperative Agreement(s)between the
parties,and any amendments thereto,or Encroachment Permits issued to CITY. The parties
responsible for the construction of the freeway shall make any changes affecting CITY streets
only in accordance with the plan map attached hereto,marked Exhibit A.
5. The obligations of STATE and CITY with respect to the acquisition of the right of way
required for the construction,reconstruction,or alteration of the freeway and CITY streets,
frontage roads,and other local streets will always be dealt with in separate Cooperative
Agreement(s)between the parties,and any amendments thereto or Encroachment Permits issued
to CITY.
6. It is understood between the parties that the rights of way may be acquired in sections or
units,and that both as to the acquisition of rights of way and the construction of the freeway
project,the obligations of STATE and CITY hereunder shall be carried out at such time and for
such unit or units of the project as funds are budgeted and made lawfully available for such
expenditures.
7. CITY will accept control and maintenance over each of the relocated or reconstructed
CITY streets,any frontage roads,and other local streets constructed as a part of the project, on
receipt of written confirmation that the work thereon has been completed, except for any portion
which is adopted by STATE as a part of the freeway proper. If acquired by State,CITY will
accept title to the portions of such roads lying outside the freeway limits upon relinquishment by
STATE.
8. This Agreement may be modified in writing at any time by the mutual written consent of
the parties hereto, as may become necessary for the best accomplishment, through STATE and
CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and
of the CITY.
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2010-283
FREEWAY AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Ag reement to be executed by
their respective duly authorized officers.
STATE OF CALIFORNIA THE CITY OF SAN BERNARDINO
Department of Transportation
RANDELL H. IWASAKI,Director By:
California Department of Transportation Charles E. McNeely,City Manager
By. APPROVED AS TO FORM:
TERRY L. ABBOTT
Chief Design Engineer
By:
Jam enman,City Attorney APPROVED AS TO FORM: %'
By:
Attorney(State)
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2010-283
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