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HomeMy WebLinkAboutJune 26, 2023 PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, JUNE 26, 2023 5:30 PM - SPECIAL MEETING 201 NORTH E ST., 2ND FLOOR, MULTIPURPOSE ROOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Per Assembly Bill AB2449, Mayor Helen Tran will be participating in the meeting remotely, via Zoom, at the following location: Luana Kai Resort • Room D308 • 940 S. Kihei Rd • Kihei, HI 96753 • Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles E. McNeely COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://tinyurl.com/mccpubliccomments Please contact the City Clerk's Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link: https://tinyurl.com/agendabackup From the City's homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2022 -> Meeting Date Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER ATTENDEE NAME Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly C alvin Council Member, Ward 7 Damon Alexander Mayor Helen Tran Interim City Manager Charles McNeely City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA DISCUSSION 1. Receive and File Capital Improvement Program (CIP) Update and Approve Funding Shortfalls for Capital Improvement Program Projects Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file an update regarding the City of San Bernardino’s Capital Improvement Program; and 2. Adopt Resolution No. 2023-090 authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Capital Improvement Plan, recording supplemental appropriations in the amount of $1,000,000 from the Capital Contingency Reserve Fund for the Cross Street Bridge Project; and$1,040,258 from Measure S for the Genevieve Circuit Lighting Project; and$1,243,294 from Measure S for the Ralston Circuit Lighting Project. 2. Resolution Adopting List of Projects under SB1 2023/2024 Road Maintenance Program; Approving Cooperative Funding Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project; Approving the Cooperative Funding Agreement with County of San Bernardino for 5th Street at Pedley Road Project; and Authorizing the Agency Director of Finance to Amend the FY 2023/24 Capital Improvement Plan, Recording Supplemental Appropriations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt: 1. Resolution No. 2023-091 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and 2. Resolution No. 2023-092 approving the Cooperative Funding Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project and authorize the City Manager or designee to execute the Cooperative Funding Mayor and City Council of the City of San Bernardino Page 3 Agreement for Mountain Drive and Fourth Avenue Project; and authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $624,319.49 in SB1 Fund and $131,930.51 in Gas Tax Fund, for a total project of $756,250.00 for Mountain Drive and Fourth Avenue Project; and 3.Resolution No. 2023-093 approving the Cooperative Funding Agreement with County of San Bernardino for 5th Street at Pedley Road Project and authorize the City Manager or designee to execute the Cooperative Funding Agreement for 5th Street at Pedley Road Project and authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas Tax Fund, for a total project of $355,500.00 for 5th Street at Pedley Road Project; and 4.Resolution No. 2023-094 authorizing the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording supplemental appropriations: In the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax Fund, for a total additional appropriation of $2,995,500.00 for Arden Avenue and Other Roads; Blake Street and Other Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects, which were approved on Resolution No 2021-236; and In the amount of $188,843.75 in SB1 Fund and $39,906.25 in Gas Tax Fund, for a total additional appropriation of $228,750.00 for 40th Street and Other Roads Project, which was approved on Resolution No 2020-227 and 2023-023. In the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax Fund, for a total additional appropriation of $2,354,858.00 for Street Rehabilitation – 21 locations (Project No. 13511) Project. ADJOURNMENT The next Special Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on June 30, 2023 at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino 92401. Open Session will begin at 9:00 a.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the June 26, 2023 Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on June 22, 2023. I declare under the penalty of perjury that the foregoing is true and correct. Genoveva Rocha, CMC, City Clerk NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: Thursday, June 22, 2023 SUBJECT: Special Meeting on Monday, June 26, 2023 NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council of the City of San Bernardino, has called a Special Meeting for Monday, June 26, 2023, at 5:30 p.m. Said meeting shall be for the purpose of considering the following: DISCUSSION 1.Receive and File Capital Improvement Program (CIP) Update and A pprove Funding Shortfalls for Capital Improvement Program Projects; and 2.Resolution Adopting List of Projects under SB1 2023/2024 Road Maintenance Program; Approving Cooperative Funding Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project; Approving the Cooperative Funding Agreement with County of San Bernardino for 5th Street at Pedley Road Project; and Authorizing the Agency Director of Finance to Amend the FY 2023/24 Capital Improvement Plan, Recording Supplemental Appropriations (All Wards) ADJOURNMENT The next Special Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on June 30, 2023 at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino 92401. Open Session will begin at 9:00 a.m. Genoveva Rocha, CMC, City Clerk Mayor and City Council of the City of San Bernardino Page 4 Mayor and City Council of the City of San Bernardino Page 5 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1)Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at Mayor and City Council of the City of San Bernardino Page 6 909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 2)REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a)You can use a mobile phone or a landline to dial into a Zoom meeting. i)Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2023 The public may begin joining the meeting on Zoom or by calling-in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii)Dial *9 from your phone to raise your hand viaZoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. b)Join the Meeting by clicking on the Zoom link below: https://sbcity-org.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677 845 9453 Passcode: 2023 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677-845-9453 Passcode: 2023 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. 1 3 9 0 DISCUSSION City of San Bernardino Request for Council Action Date:June 26, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Receive and File Capital Improvement Program (CIP) Update and Approve Funding Shortfalls for Capital Improvement Program Projects Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file an update regarding the City of San Bernardino’s Capital Improvement Program; and 2. Adopt Resolution No. 2023-090 authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Capital Improvement Plan, recording supplemental appropriations in the amount of $1,000,000 from the Capital Contingency Reserve Fund for the Cross Street Bridge Project; and $1,040,258 from Measure S for the Genevieve Circuit Lighting Project; and $1,243,294 from Measure S for the Ralston Circuit Lighting Project. Background Each budget cycle, staff develops and presents to the Mayor and City Council the adoption of new capital projects that are added to the previously approved projects. With the projects approved in FY 22/23 and 23/24, along with the previously approved projects, the City of San Bernardino has approximately $170 million in capital improvements programmed over the next five years. The CIP includes rehabilitation of arterial highways, collectors, and residential streets; intersection widening improvements; miscellaneous concrete replacements and Americans with Disabilities Act (ADA) improvements; installation of BMPs and NPDES improvements; installation of traffic signals; construction of park improvements; installation of landscaping and Packet Pg. 7 1 3 9 0 irrigation improvements; bridge maintenance and repairs, and rehabilitation of City- owned facilities. To maintain the City’s infrastructure and identify upgrades, major repairs and replacement, Public Works Engineering typically undertakes or commissions various studies, condition assessments and plans, and feedback from the Operations Division of the Public Works Department. Additionally, the CIP takes other sources into account, including a review of on-going projects, active grant applications and opportunities, requests from the City Council and the community, regulatory mandates and the numerous conditions reports, studies and workgroups that include evaluations and prioritizations of infrastructure needs. Lastly, as projects are identified that are developed outside the budget cycle, staff maintains a list of projects that have not been presented to City Council for funding as ‘unfunded projects’ for consideration in subsequent years or in a point in time depending on funding availability and the need and priority of the City Council. Discussion Project Delivery Phases The lifecycle of the City’s CIP projects is broken up into three major phases, Planning, Design and Construction. Each major phase also contains subphases. The total duration of a project lifecycle can typically vary from 2 years to 4 years depending on project complexity. Project Phase and Subphase Major Phase Typical Duration Project Planning Planning 6 months to 1 year Design Design 6 months to 1 year Advertise and Award Design 3 months Construction Construction 6 months to 1.5 year Project Close-out Construction 3 months Total Typical Duration 2 Years to 4 Years Projects by Category, Phase and Funding The CIP is separated into categories and consists of Buildings, Parks, Storm Drains, Streets, Traffic Controls and Other projects. The CIP has 144 projects and is broken down as follows: Project Category Number of Projects Buildings 22 Parks 31 Storm Drains 9 Streets 51       Packet Pg. 8 1 3 9 0 Traffic Controls 28 Others 3 Total 144 The following is a breakdown of the project major phase and its corresponding subphase. Project Phase Number of Projects Planning 16 Design 27 Advertise/Bid/Award 12 Construction 17 Close-Out 38 Not Activated 34 Total 144 The total CIP budget is approximately $170M. The following table breaks down each project category by its respective total funding amount. Project Category Total Funding ($M) Buildings $21.7 Parks $36.6 Storm Drains $14.9 Streets $70.1 Traffic Controls $16.6 Others $9.6 Total $169.5 The data in the previous tables provide an overview of the City’s CIP. Attachment 2 provides specific project details for each of the 144 projects. Each project slide provides a project description, its status, budget and timeline. Project Management The 144 projects represent the City’s 5 Year CIP and is a current snapshot of the program. Projects can be added to the City’s CIP due to need or strategic planning. Delivery of the current inventory of projects and new projects is heavily reliant on staff resources. With a high volume of CIP projects, the engineering divisions use a combination of in-house staff and consultants for program delivery. Due to the high volume of projects and the challenges in staff recruitment, project delivery is difficult due to competing priorities, complexity and importance to the City. For reference, staff conducted an analysis of Cities with a similar size population to determine the project load handled by a Project Manager. The table below represents the number of projects       Packet Pg. 9 1 3 9 0 managed by a Project Manager. The City of San Bernardino Project Manager handles nearly 7 times the average number of projects compared to the other cities. City Name No. of Project Managers No. of Capital Projects Projects / Project Manager Huntington Beach 8 43 5 Oxnard 9 23 3 Fontana 7 96 14 Moreno Valley 9 19 2 San Bernardino 3 140 47 Fremont 9 22 2 Chula Vista 18 43 2 Santa Clarita 7 68 10 Irvine 7 72 10 Santa Ana 6 62 10 The staffing level presents a challenge to CIP delivery and staff intends to return to the Mayor and City Council at a later date to request additional staffing to ensure timely delivery of the City’s 5-Year CIP. Project Shortfalls The following projects have a funding shortfall and require a budget appropriation to move these projects along in the lifecycle of the project. Below are two tables of shortfall projects broken down by the approved budget, the total project cost, it’s budget need (shortfall) and its recommended funding source to cover the shortfall. Funding Source- Capital Contingency Reserve Fund and Measure I Fund Balance Project Title Budget Total Project Cost Budget Shortfall Funding Source Cross Street Bridge $0.00 $1,000,000 (estimated) $1,000,000 Capital Contingency Reserve Fund University Parkway & I-215 Improvements * $2,040,000 $3,000,000 $960,000 Measure I Fund * Staff intends to return to the City Council on 7/19/23 for approval of Co-Op 2 with SBCTA for advancement (loan) of Measure I Funds. Funding Source- Measure S Project Savings Project Title Budget Total Project Cost Budget Shortfall Budget Surplus Funding Source       Packet Pg. 10 1 3 9 0 Genevieve Circuit Lighting $381,825 $1,422,083 $1,040,258 N/A Measure S Ralston Circuit Lighting $382,167 $1,625,461 $1,243,294 N/A Measure S Congress Street from Mt. Vernon Avenue to K Street; 14 locations N/A N/A N/A $325,000 Measure S Project Surplus Arden Street (by soccer field) N/A N/A N/A $325,000 Measure S Project Surplus Citywide Pavement Rehabilitation N/A N/A N/A $1,350,000 Measure S Project Surplus Street Sweeping Signage Program N/A N/A N/A $183,552 Measure S Project Surplus 2021-2025 Strategic Targets and Goals The approval of this appropriation aligns with Key Target No. 1d: Create a framework for spending decisions, Key Target No.1e: Improved Operational & Financial Capacity, Key Target No 3: Improved Quality of Life, and Key Target No. 4.: Economic Growth & Development. Completion of this project will improve the City’s infrastructure and improve safety. Fiscal Impact The following table provides a breakdown of appropriation amounts by project and fund. Project Title Budget Shortfall Funding Source Cross Street Bridge $1,000,000 Capital Contingency Reserve Fund Genevieve Circuit Lighting $1,040,258 Measure S Ralston Circuit Lighting $1,243,294 Measure S Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file an update regarding the City of San Bernardino’s Capital Improvement Program; and       Packet Pg. 11 1 3 9 0 2. Adopt Resolution No. 2023-090 authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Capital Improvement Plan, recording supplemental appropriations in the amount of $1,000,000 from the Capital Contingency Reserve Fund for the Cross Street Bridge Project; and $1,040,258 from Measure S for the Genevieve Circuit Lighting Project; and $1,243,294 from Measure S for the Ralston Circuit Lighting Project. Attachments Attachment 1- Resolution No. 2023-090 Attachment 2- CIP Presentation Ward: All Wards Synopsis of Previous Council Actions: None       Packet Pg. 12 Resolution No. 2023-090 Resolution 2023-090 June 26, 2023 Page 1 of 3 2 8 8 6 RESOLUTION NO. 2023-090 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2022/23 CAPITAL IMPROVEMENT PLAN TO RECORD A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1,000,000 FROM THE CAPITAL CONTINGENCY RESERVE FUND FOR THE CROSS STREET BRIDGE PROJECT; AND $1,040,258 FROM MEASURE S FOR THE GENEVIEVE CIRCUIT LIGHTING PROJECT; AND $1,243,294 FROM MEASURE S FOR THE RALSTON CIRCUIT LIGHTING PROJECT. WHEREAS, the Cross Street Project, Genevieve Circuit Lighting Project and Ralston Circuit Lighting have a funding shortfall of $1,000,000, $1,040,258, and $1,243,294 respectively; and WHEREAS, there is fund balance in the Capital Contingency Reserve Fund and project savings Congress Street from Mt. Vernon Avenue to K Street included in the 14 locations Project, Arden Street (by soccer field) Project, Citywide Pavement Rehabilitation Project, and Street Sweeping Signage Program Project in the amount of $325,00, $325,000, $1,3500,00 and $183,552 respectively. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan recording a supplemental appropriation in the amounts: Project Title Budget Shortfall Funding Source Cross Street Bridge $1,000,000 Capital Contingency Reserve Fund Genevieve Circuit Lighting $1,040,258 Measure S Ralston Circuit Lighting $1,243,294 Measure S       Packet Pg. 13 Resolution No. 2023-090 Resolution 2023-090 June 26, 2023 Page 2 of 3 2 8 8 6 SECTION 3.As the decision-making body for these project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed projects are exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the asphalt pavement. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because asphalt pavement does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 26th day of June, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 14 Resolution No. 2023-090 Resolution 2023-090 June 26, 2023 Page 3 of 3 2 8 8 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-090, adopted at a regular meeting held on the 26th day of June 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 27th day of June 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 15 CAPITAL IMPROVEMENT PROGRAM STATUS REPORT Presented by City of San Bernardino Public Works Department June 26, 2023 1       Packet Pg. 16 Presentation Agenda •Project Delivery •Capital Improvement Program (CIP) Overview •CIP Projects •CIP Project Budget Status •Project Management Staffing Level 2       Packet Pg. 17 Project Delivery Phases 3       Packet Pg. 18 Project Delivery Workflow Process Project Planning (6 months to 1 year) Design (6 months to 1 year) Advertise and Award (3 months) Construction (6 months to 1.5 years) Project Close-out (3 months) PLANNING DESIGN CONSTRUCTION 2 years to 4 years 4       Packet Pg. 19 Capital Projects by Phase 5 16 27 12 17 38 34 0 5 10 15 20 25 30 35 40 Planning Design Advertise/Award Construction Close-Out Not-Activated Number of Projects Total 144 Capital Projects       Packet Pg. 20 Capital Projects Funding by Phase 6 $117,695,128 $30,640,349 $21,259,490 $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 Planning / Design / Construction Close-Out Not-Activated Total $169.6 million Capital Improvement Program. Not-activated include projects not assigned to staff or no approved funding.       Packet Pg. 21 Capital Projects by Category 7 22 Building Projects, 15%, 13 Active Projects 31 Parks Projects, 22%, 12 Active Projects 9 Storm Drain Projects, 6%, 4 Active Projects 51 Streets Projects, 35%, 27 Active Projects 28 Traffic Controls Projects, 20%, 16 Active Projects 3 Other Projects, 2%, 0 Active Projects Buildings Parks Storm Drains Streets Traffic Controls Others       Packet Pg. 22 Capital Projects Funding by Category 8 $21.7M Building Projects, 13% $20M Active Projects $36.6 M Parks Projects, 21% $28.6M Active Projects $14.9M Storm Drains Projects, 9% $10.4M Active Projects $70.1M Streets Projects, 41% $43.1M Active Projects $16.6 M Traffic Controls Projects, 10% $15.5M Active Projects $9.6M Other Projects, 6% $9.6M Not-Activated Buildings Parks Storm Drains Streets Traffic Controls Others       Packet Pg. 23 9 Encanto Community Center Improvements CIP #2 Project Category: Building Ward: 1 Project Description: Estimated Total Project Cost:$3,394,315 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Construction Within Budget Budget: $3,394,315 Current Project Status and Timeline: Budget Status: Remodel and rehabilitate the Community Center. Estimated Project Completion: 6/30/2020Project Approval Date: 07/2024       Packet Pg. 24 10 California Theater Renovation CIP #6 Project Category:Building Ward: 1 Project Description: Estimated Total Project Cost:$4,870,431 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design Construction Budget Status:Within Budget 08/2025 The improvements include pipe organ restoration, sound system upgrades, structural and safety improvements, lighting, HVAC, ADA compliance, and related improvements at California Theater. Project Approval Date: 6/30/2021 Budget: $4,870,431 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 25 Carousel Mall Demolition CIP #7 Project Category:Building Ward: 1 Project Description: Estimated Total Project Cost:$8,084,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction 02/2024 Budget Status:Within Budget The improvements include hazardous material abatement and demolishing the existing facilities at Carousel Mall. Project Approval Date: 6/30/2022 Budget: $8,084,000 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 26 12 Paul Villaseñor Library Building Improvements CIP #8       Packet Pg. 27 13 New Animal Shelter CIP #10 Project Category:Building Ward: 3 Project Description: Estimated Total Project Cost:$219,046 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Planning Design Construction Construction Budget Status:Within Budget 03/2027 New animal shelter building, parking, walkways, and exercise yards. Project Approval Date: 6/30/2020 Budget: $378,675 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 28 14 5th Street Senior Center Doors Improvements CIP #11 Project Category:Building Ward: 1 Project Description: Estimated Total Project Cost:$461,685 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Budget Status:Within Budget 07/2023 ADA compliant automatic doors replacement. Project Approval Date: 9/21/2022 Budget: $867,683 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 29 15 Perris Hill Senior Center Roof Replacement CIP #13 Project Category:Building Ward: 2 Project Description: Estimated Total Project Cost:$205,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction 08/2023 Budget Status:Within Budget Project Site Map Rehabilitate existing roof structure and related improvements at Perril Hills Senior Center facility. Project Approval Date: 6/30/2020 Budget: $250,000 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 30 16 Police Locker Room Renovation CIP #14 Project Category:Building Ward: 1 Project Description: Estimated Total Project Cost:$498,847 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Planning / Design Construction Construction Budget Status:Within Budget 12/2025 Project Site Map Replace/repair plumbing and remodel locker rooms. Project Approval Date: Prior to 6/30/2018 Budget: $500,000 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 31 17CIP #17 City Hall Server Room HVAC Project Category:Building Ward: 1 Project Description: Estimated Total Project Cost:$221,375 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Budget Status:Within Budget 10/2023 Install new AC units. Project Approval Date: 12/7/2022 Budget: $221,375 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 32 18CIP #18 Regal Theatre HVAC System Project Category:Building Ward: 1 Project Description: Estimated Total Project Cost:$389,693 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Budget Status:Within Budget 10/2023 Replace 8 new AC units. Project Approval Date: 12/7/2022 Budget: $389,693 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 33 19CIP #19 One Stop Permitting Center       Packet Pg. 34 20 Jerry Lewis Swim Center Improvements CIP #24 Project Category:Parks Ward: 7 Project Description: Estimated Total Project Cost:$174,352 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Budget Status:Within Budget 09/2023 The Jerry Lewis Swim Center was last remodeled in 1993. This is the most utilized aquatic facilities. The scope of work is to install pool heaters. Project Approval Date: 9/21/2022 Budget: $190,000 Current Project Status and Timeline: Project Completion:       Packet Pg. 35 21CIP #27 Pioneer Memorial Cemetery & Seccombe Lake Improvements: Fence Installation Project Category:Parks Ward: 1 Project Description: Estimated Total Project Cost:$590,829 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design / Construction Construction Budget Status:Within Budget 10/2023 Install 7'-high wrought iron security fencing and gates along the perimeter of Seccombe Lake Park and Pioneer Memorial Cemetery. Project Approval Date: 9/8/2021 Budget: $590,829 Current Project Status and Timeline: Project Completion:       Packet Pg. 36 22CIP #28 Wildwood Park & Encanto Park – Phase 1: Baseball / Softball Field Repair       Packet Pg. 37 Roosevelt Bowl Rehabilitation CIP #34 Project Category:Parks Ward: 2 Project Description: Estimated Total Project Cost:$1,200,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Design Construction Estimated Project Completion: Seating, lighting, sound, and building upgrades (hall, interior lighting, bathrooms, changing/makeup rooms). This project will address deferred maintenance at this outdoor center, and provide a safer environment for community attendance at events. Project Approval Date: 6/30/2021 Budget: $1,200,000 Current Project Status and Timeline: Budget Status:Within Budget 12/2024       Packet Pg. 38 Speicher Park – East Side Skate Park CIP #36 Project Category:Parks Ward: 2 Project Description: Estimated Total Project Cost:$880,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Construction Estimated Project Completion: Rehabilitate existing skate park at Speicher Park including concrete surfaces, planting areas, shade structures and related improvements. Project Approval Date: 6/30/2022 Budget: $880,000 Current Project Status and Timeline: Budget Status:Within Budget 09/2024       Packet Pg. 39 Nicholson Park Improvements CIP #37 Project Category:Parks Ward: 6 Project Description: Estimated Total Project Cost:$9,944,715 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Construction Estimated Project Completion: Project Site Map Rehabilitate existing ballfields, concession building, renovation of restrooms with ADA improvements, parking lot rehabilitation, construction of new walkways and new landscaping. Project Approval Date: 6/30/2020 Budget: $9,870,275 Current Project Status and Timeline: Budget Status: Within Budget 11/2024       Packet Pg. 40 Seccombe Lake Park Improvements CIP #38 Project Category:Parks Ward: 1 Project Description: Estimated Total Project Cost:$9,998,970 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Construction Estimated Project Completion: Upgrade the site furnishings, parking lot rehabilitation, new landscaping, lake improvements, ADA upgrades and irrigation improvements. Project Approval Date: 6/30/2022 Budget: $9,998,970 Current Project Status and Timeline: Budget Status:Within Budget 11/2024       Packet Pg. 41 27 Lytle Creek Park Improvements CIP #39 Project Category:Parks Ward: 3 Project Description: Estimated Total Project Cost:$600,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Estimated Project Completion: Project Site Map Installation of soccer/futsal fields Project Approval Date: Prior to 6/30/2018 Budget: $600,000 Current Project Status and Timeline: Budget Status:Within Budget 05/2024       Packet Pg. 42 Speicher Park – Ball Field Improvements CIP #40 Project Category:Parks Ward: 2 Project Description: Estimated Total Project Cost:$1,950,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Design Construction Estimated Project Completion: Budget Status:Within Budget 02/2025 Install new artificial turf system with drainage at Huchabaa Field, and replace infill material on other baseball fields at Speicher Park, lighting improvements, electrical repairs and all related improvements. Project Approval Date: 6/30/2021 Budget: $1,950,000 Current Project Status and Timeline:       Packet Pg. 43 Sal Saavedra Park – Field Improvements CIP #41 Project Category:Parks Ward: 1 Project Description: Estimated Total Project Cost:$995,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Design Construction Estimated Project Completion: Budget Status:Within Budget 01/2025 Upgrade the site furnishings, baseball field rehabilitation, ADA upgrades at concession stand and restroom facility and irrigation improvements at Sal Saavedra Park, Guadalupe FIeld. Project Approval Date: 6/30/2022 Budget: $995,000 Current Project Status and Timeline:       Packet Pg. 44 Parks Master Plan Study CIP #46 Project Category:Parks Ward: All Project Description: Estimated Total Project Cost:$1,097,140 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Estimated Project Completion: Budget Status:Within Budget 06/2024 Preparation of a Parks Master Plan: Assess existing parks conditions, establish parks service program, capital improvement plan, costs, and schedule. Project Approval Date: 6/30/2022 Budget: $1,100,000 Current Project Status and Timeline:       Packet Pg. 45 31 CIP #48 Newmark Ball Field(s) Lighting System Installation Project Category:Parks Ward: 4 Project Description: Estimated Total Project Cost:$1,675,464 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Budget Status:Within Budget 05/2024 Project Site Map New lighting (box, contactors, breakers, conduit, wire, poles, fixtures, security lights) for T- Ball and Softball Fields (2ea.) The field currently has obsolete lighting that is not longer serviceable as parts are not available. This is a highly used field and replacement of these lights will significantly improve safety at the park. Project Approval Date: 6/30/2021 Budget: $1,705,052 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 46 32 CIP #49 Speicher Park Multipurpose Field New Lighting Installation Project Category:Parks Ward: 7 Project Description: Estimated Total Project Cost:$1,083,394 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Budget Status:Within Budget 05/2024 Project Site Map The City has only one lighted multipurpose field (football, soccer, field hockey, ultimate frisbee) used by a dozen resident youth sports groups The installation of a lighting system will improve safety and expand the use of fields to meet the growing needs of community sports play, especially soccer, for all ages. Project Approval Date: 6/30/2021 Budget: $1,099,135 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 47 33 CIP #55 Meyers Creek Focused Drainage Study Project Category:Storm Drain Ward: 5 Project Description: Estimated Total Project Cost:$266,771 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Planning Estimated Project Completion: Provide focused drainage study of the Meyers Creek, identify drainage structure deficies and capital improvement requirements and costs. Project Approval Date: 6/30/2022 Budget: $266,771 Current Project Status and Timeline: Budget Status:Within Budget 06/2024       Packet Pg. 48 34 CIP #58 Sierra Way Storm Drain Improvements Project Category:Storm Drain Ward: 7 Project Description: Estimated Total Project Cost:$3,965,209 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Design Construction Estimated Project Completion: Project Site Map Installation of drainage system on Sierra Way between 31st Street and 40th Street. Project Approval Date: 6/30/2019 Budget: $3,965,209 Current Project Status and Timeline: Budget Status:Within Budget 01/2025       Packet Pg. 49 35 CIP #60 Mt. Vernon Storm Drain Project Category:Storm Drain Ward: 6 Project Description: Estimated Total Project Cost:$6,156,522 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Estimated Project Completion: Street and Storm Drain Improvement for Mt. Vernon Ave. from 16th Street to Cajon Blvd. Project Approval Date: 6/30/2019 Budget: $6,156,522 Current Project Status and Timeline: Budget Status:Within Budget 06/2024       Packet Pg. 50 36 CIP #61 Storm Drain Catch Basin Screen Installation Project Category:Storm Drain Ward: All Project Description: Estimated Total Project Cost:$376,020 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Planning / Design Construction Estimated Project Completion: Yearly project for 5 years. Install connector pipe screen at various storm drain catch basin locations per MS4 Permit requirements. Project Approval Date: 6/30/2021 Budget: $376,020 Current Project Status and Timeline: Budget Status:Within Budget 11/2024       Packet Pg. 51 37 CIP #65 Construct Median on Kendall Curve Project Category:Streets Ward: 4, 5, 7 Project Description: Estimated Total Project Cost:$1,607,287 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Budget Status:Shortfall TBD - UnderfundedEstimated Project Completion: Project Site Map Construction of a median on the Kendall curve to improve roadway condtions along this stretch of Kendall Dr. Project Approval Date: 6/30/2021 Budget: $938,958 Current Project Status and Timeline:       Packet Pg. 52 38 CIP #75 Street Sweeping Signage Program Project Category:Streets Ward: All Project Description: Estimate Total Project Cost:$0 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Design Construction Estimated Project Completion: Project Site Map Signs to be installed to restrict parking during a 3 to 4 hour window for street sweeping. Project Approval Date: 6/30/2020 Budget: $2,000,000 Current Project Status and Timeline: Budget Status:Surplus 06/2025       Packet Pg. 53 39 CIP #77 Street Rehabilitation – 21 Locations Project Category:Streets Ward: All Project Description: Total Project Cost (Estimate):$13,954,994 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Construction Budget Status:Shortfall 09/2024 Grinding, overlay and concrete improvements at select segments of Alameda Ave; H Street; Oak Street; Sonora St; 36th Street; 6th Street; Guthrie St; Oak St; 16th St; Business Center Dr; 35th St; Garfield St; Tamarisk Ave; 18th St; 2nd St; 13th St; Vanderbilt Way; 43rd Ave; Ohio St; Dallas Ave; 33rd St 6/30/2021 $6,080,695 Estimated Project Completion: Project Site Map Project Approval Date: Budget: Current Project Status and Timeline:       Packet Pg. 54 Street Rehabilitation – 3 Locations CIP #82 Project Category:Streets Ward: 1; 4; 3 Project Description: Estimated Total Project Cost:$2,091,962 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Estimated Project Completion: Grinding, overlay and concrete improvements at 10th St between F St and G St; 49th St between Sepulveda Ave to end San Bernardino; and Rialto Avenue between Mt. Vernon to Bridge Project Approval Date: 6/30/2021 Budget: $2,091,962 Current Project Status and Timeline: Budgt Status:Within Budget 04/2024       Packet Pg. 55 Alley Rehabilitation – Clean California Grant CIP #86 Project Category:Streets Ward: 1 Project Description: Estimated Total Project Cost:$722,722 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Estimated Project Completion: Rehabilitate 4th street Alley including asphalt rehabilitation, installing trash bins, bike racks, new plants/trees; new artwork or paint on the walls. Project Approval Date: 6/30/2022 Budget: $722,722 Current Project Status and Timeline: Budget Status:Within Budget 06/2024       Packet Pg. 56 42 CIP #87 State HWY I-215 & University Parkway Interchange Improvements Project Category:Streets Ward: 5 & 6 Project Description: Estimated Total Project Cost:$2,962,055 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Budget Status:Shortfall 03/2025Estimated Project Completion: Project Site Map Construct a new Diamond Diversion interchange System. This new interchange will reduce congestion at this high volume ramp system. Project Approval Date: 6/30/2021 Budget: $2,002,055 Current Project Status and Timeline:       Packet Pg. 57 43 CIP #88 Citywide Pavement Rehabilitation Project Category:Streets Ward: 2, 4, 5 & 7 Project Description: Estimated Total Project Cost:$1,687,641 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Project Completion: Project Site Map This is a citywide initiative to improve the overall condition of streets. The scope of work includes crack filling and slurry sealing at various locations. Project Approval Date: 9/21/2022 Budget: $2,040,842 Current Project Status and Timeline: Budget Status:Surplus 08/2023       Packet Pg. 58 44 CIP #90 City of Highland Joint Projects: Pacific Ave Pavement Rehabilitation       Packet Pg. 59 45 CIP #91 City of Highland Joint Projects: CA-210 & Victoria Interchange Project Category:Streets Ward: 2 & 4 Project Description: Estimated Total Project Cost:$0 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Planning Design Design Construction Budget Status:Within Budget 01/2029Estimated Project Completion: Project Site Map Planning stages for Contruction of On/Off Ramps on the CA-210 Freeway at Victoria Ave. Project is funded by the Tribe and City of Highland. Project Approval Date: 6/30/2021 Budget: $0 Current Project Status and Timeline: N Victoria Ave      Packet Pg. 60 Pepper Ave Rehabilitation CIP #92 Project Category:Streets Ward: 3 & 6 Project Description: Estimated Total Project Cost:$8,515,506 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Estimated Project Completion: Asphalt rehabilitation and concrete improvements from Baseline Road to Mill street. Project Approval Date: 7/20/2022 Budget: $8,515,506 Current Project Status and Timeline: Budget Status:Within Budget 01/2024       Packet Pg. 61 47 CIP #94 Sierra Way from 9th St. to 30th St. Project Category:Streets Ward: 1, 2 & 7 Project Description: Estimated Total Project Cost:$2,322,287 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Project Completion: Street pavement grinding, overlay and concrete work improvements. Project Approval Date: 5/4/2022 Budget: $2,493,946 Current Project Status and Timeline: Budget Status:Surplus 08/2023       Packet Pg. 62 48 CIP #95 SB County Joint St. Rehabilitation Projects: Lynwood Dr. & Other Roads Project Category:Streets Ward: 4 & 7 Project Description: Estimated Total Project Cost:$1,863,750 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Construction Estimated Project Completion: Project Site Map Surface Seal Treatment Project Approval Date: 10/26/2021 Budget: $1,371,000 Current Project Status and Timeline: Budget Status:Shortfall 9/2024       Packet Pg. 63 49 CIP #96 SB County Joint Street Rehabilitation Projects: Citrus St. & Other Roads Project Category:Streets Ward: 1, 2, 4, 7 Project Description: Estimated Total Project Cost:$686,250 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design Construction Budget Status:Shortfall 06/2025Estimated Project Completion: Project Site Map Resurface Road Project Approval Date: 6/30/2021 Budget: $0 Current Project Status and Timeline:       Packet Pg. 64 50 CIP #97 SB County Joint Street Rehabilitation Projects: Blake St. & Other Roads Project Category:Streets Ward: 6 Project Description: Estimated Total Project Cost:$47,500 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design Construction Estimated Project Completion: Project Site Map Resurface Road and ADA curb ramp update Project Approval Date: 10/26/2021 Budget: $0 Current Project Status and Timeline: Budget Status:Shortfall 06/2025       Packet Pg. 65 51 CIP #98 SB County Joint Street Rehabilitation Projects: Third St. & Other Roads Project Category:Streets Ward: 1 & 2 Project Description: Estimated Total Project Cost:$1,601,250 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design Construction Estimated Project Completion: Project Site Map Resurface Road and ADA curb Ramp update. Project Approval Date: 10/26/2021 Budget: $0 Current Project Status and Timeline: Budget Status:Shortfall 06/2025       Packet Pg. 66 52 CIP #99 SB County Joint Street Rehabilitation Projects: North San Bernardino Area Curb Ramps Project Category:Streets Ward: 2 & 7 Project Description: Estimated Total Project Cost:$37,500 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design Construction Estimated Project Completion: Project Site Map ADA Curb Ramp Update. Project Approval Date: 10/26/2021 Budget: $0 Current Project Status and Timeline: Budget Status:Shortfall 06/2025       Packet Pg. 67 53 CIP #100 SB County Joint Street Rehabilitation Projects: Arden Ave & Other Roads Project Category:Streets Ward: 1, 2, 4, 7 Project Description: Estimated Total Project Cost:$2,396,250 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design Construction Budget Status:Shortfall 06/2025Estimated Project Completion: Project Site Map Pavement Reconstruction, Mill and Overlay, Americans with Disabilities Act (ADA) curb ramp update, and sewer manhole adjustment. Project Approval Date: 6/30/2021 Budget: $0 Current Project Status and Timeline:       Packet Pg. 68 54CIP #103 State Highway CA-210 at Waterman Avenue Project Category:Streets Ward: 7 Project Description: Estimated Total Project Cost:$1,398,270 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Construction Budget Status:Shortfall 09/2024Estimated Project Completion: The purpose of the project is to alleviate existing congestion and queues at the interchange by increasing capacity and the additions of turning lanes. Project Approval Date: 6/30/2021 Budget: $400,000 Current Project Status and Timeline:       Packet Pg. 69 Pavement Management Program CIP #104 Project Category:Streets Ward: All Project Description: Estimated Total Project Cost:$996,173 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Planning Estimated Project Completion: The project includes preparation of Citywide pavement management program. Project Approval Date: 6/30/2022 Budget: $1,000,000 Current Project Status and Timeline: Budget Status:Within Budget 09/2024       Packet Pg. 70 Mount Vernon Ave Bridge Replacement CIP #108 Project Category:Streets Ward: 1 Project Description: Estimated Total Project Cost:$3,802,188 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design / Construction Construction Construction Budget Status:Shortfall 08/2025Estimated Project Completion: This is a joint project led by SBCTA that includes replacement of existing bridge on Mt. Vernon Avenue, and related improvements. Project Approval Date: 6/30/2020 Budget: $3,579,531 Current Project Status and Timeline:       Packet Pg. 71 State St. Extension Phase 1 – 16 St. to Baseline Rd. CIP #110 Project Category:Streets Ward: 6 Project Description: Estimated Total Project Cost:$8,472,943 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Budget Status:Within Budget 12/2023Estimated Project Completion: Phase 1 improvements includes construction of new asphalt roadway, concrete sidewalk, curb and gutter, curb ramps, concrete raised medians, traffic signal improvements, and striping. Project Approval Date: 6/30/2021 Budget: $8,480,960 Current Project Status and Timeline:       Packet Pg. 72 Cross Street Bridge CIP #112 Project Category:Streets Ward: 2 Project Description: Estimated Total Project Cost:$1,003,447 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Estimated Project Completion: Replace and repair existing bridge on Cross Street, west of Fairfax Drive as emergency repairs. Project Approval Date: 03/2023 Budget: $0 Current Project Status and Timeline: Budget Status:Shortfall 02/2024       Packet Pg. 73 59 SB County Joint Project – 4th Avenue & Mountain Dr. CIP #113 Project Category:Streets Ward: 5 Project Description: Estimated Total Project Cost:$756,250 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Design Construction Estimated Project Completion: Project Site Map Culvert construction and roadway reconstruction, pavement reconstruction, ADA curb curb improvements. Project Approval Date: Not Approved BY CC yet. Budget: $0 Current Project Status and Timeline: Budget Status:Shortfall 09/2025       Packet Pg. 74 60 SB County Joint Project – 5th St & Pedley Road CIP #114 Project Category:Streets Ward: 1 Project Description: Estimated Total Project Cost:$355,500 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Estimated Project Completion: Project Site Map Hawk system installation, ADA ramps upgrade/construction, intersection widening, Installation of High Intensity Activated Crosswalk Beacon for a school crosswalk including intersection street civil improvements. Project Approval Date: Not Approved BY CC yet. Budget: -$ Current Project Status and Timeline: Budget Status:Shortfall 10/2023       Packet Pg. 75 61 SB County Joint Project – 40th St. & Other Roads CIP #115 Project Category:Streets Ward: 4 Project Description: Estimated Total Project Cost:$1,143,750 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Construction Estimated Project Completion: Project Site Map Mill and overlay, overlay, and ADA ramp updates, roadway Resurfacing of 40th streets and other roads, which will include adjustment of 25 manholes covers, and intersection pavment improvements with ADA compliant Ramps. Project Approval Date: 9/29/2020 Budget: -$ Current Project Status and Timeline: Budget Status:Shortfall 06/2024       Packet Pg. 76 Streetlight Knocked-Down Poles Replacement CIP #116 Project Category:Traffic Controls Ward: All Project Description: Estimated Total Project Cost:$38,709 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Estimated Project Completion: As street lights get knocked down they will be removed and replaced. This happens on a per incident basis. Project Approval Date: Prior to 6/30/2018 Budget: $54,889 Current Project Status and Timeline: Budget Status:Within Budget 11/2023       Packet Pg. 77 63 Solar Powered Street Lights on E St between Baseline St. & Highland Ave. CIP #117 Project Category:Traffic Controls Ward: 2 Project Description: Estimated Total Project Cost:$285,722 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Estimated Project Completion: Project Site Map The restoration of lighting services on this segment is needed to improve pedestrian safety and motorist visibility. The electrical system supporting the lighting system requires full reconstruction. This project will evaluate the use of solar lighting as an alternative to traditional wired street lights. Project Approval Date: Prior to 6/30/2018 Budget: $285,722 08/2023 Current Project Status and Timeline: Budget Status:Within Budget       Packet Pg. 78 Genevieve Circuit Lighting CIP #118 Project Category: Traffic Controls Ward: 7 Project Description: Estimated Total Project Cost:$1,040,258 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Construction Construction Budget Status:Shortfall 09/2024Estimated Project Completion: Marshall Blvd on the south, 34th St. on the north, Mountain View Ave. on the West and Sierra Way on the east. Major electrical circuit repairs are required to restore lighting in this area. The project would repair these circuits and upgrade the lighting fixtures to LED. Project Approval Date: 6/30/2021 Budget: $381,825 Current Project Status and Timeline:       Packet Pg. 79 Ralston Circuit Lighting CIP #119 Project Category: Traffic Controls Ward: 7 Project Description: Estimated Total Project Cost:$1,243,294 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Construction Construction Budget Status:Shortfall 09/2024Estimated Project Completion: Waterman Ave on the east, Sierra Way on the west, Palmyra on the south, Sonora Dr. on the north. Major electrical circuit repairs are required to restore lighting in this area. The project would repair these circuits and upgrade the lighting fixtures to LED. Project Approval Date: 6/30/2021 Budget: $382,167 Current Project Status and Timeline:       Packet Pg. 80 66 CIP #120 Citywide Street Lighting Upgrades Project Category:Traffic Controls Ward: All Project Description: Estimated Total Project Cost:$901,282 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Budget Status:Within Budget 02/2024 Project Site Map Retrofitting all city-owned streetlights to LED fixtures. Better quality, more energy efficient lighting and better safety for pedestrians and motorists. Phase 2 Project Approval Date: 6/30/2021 Budget: $1,000,000 Current Project Status and Timeline: Estimated Project Completion:       Packet Pg. 81 67 CIP #121 Upgrade Various Signal Hardware on 224 Signalized Intersections on Various Arterials Project Category:Traffic Controls Ward: All Project Description: Estimated Total Project Cost:$4,069,479 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Construction Budget Status:Within Budget 09/2023Estimated Project Completion: Project Site Map Upgrade various signal hardware components, including traffic signal heads, push buttons, and pedestrian signal heads on two hundred twenty-four (224) signalized intersections on various arterial in the City of San Bernardino. Project Approval Date: 6/30/2020 Budget: $6,436,296 Current Project Status and Timeline:       Packet Pg. 82 68 CIP #122 Implement Advanced Dilemma Zone Detection at 49 Signalized Intersections Project Category:Traffic Controls Ward: 1,2,3,6,7 Project Description: Estimated Total Project Cost:$3,978,574 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Construction Budget Status:Within Budget 09/2024Estimated Project Completion: Project Site Map Implement advance dilemma zone detection at 49 signalized intersections within three roadway corridors. Mt. Vernon Ave. from Highland Ave. to Johnston St., Baseline St. from Del Rosa Ave. to California St. and Highland Ave. from Medical Center Dr. to Victoria Ave. Project Approval Date: 6/30/2020 Budget: $7,022,566 Current Project Status and Timeline:       Packet Pg. 83 69 CIP #126 Traffic Management Center (TMC) – (Annual) Project Category:Traffic Controls Ward: All Project Description: Estimated Total Project Cost:$37,826 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Planning Project Completion: Project Site Map Traffic Engineering maintains and improves the traffic management center. Improvements to this software and hardware will improve driving conditions throughout the city. Project Approval Date: 6/30/2020 Budget: $44,420 Current Project Status and Timeline: Budget Status:Surplus TBD - Underfunded       Packet Pg. 84 70 CIP #127 9th St. & Medical Center Traffic Signal Upgrade Project Category:Traffic Controls Ward: 6 Project Description: Total Project Cost:$428,448 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Budget Status:Within Budget 06/2023Project Completion: Project Site Map This project will upgrade the existing traffic signal at the intersection of 9th St and Medical Center Drive. Project Approval Date: 6/30/2020 Budget: $428,448 Current Project Status and Timeline:       Packet Pg. 85 71 CIP #128 Del Rosa Signal Upgrade Project Category:Traffic Controls Ward: 2 & 7 Project Description: Total Project Cost:$376,290 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Construction Budget Status:Within Budget 06/2023Project Completion: Project Site Map This project will upgrade the existing traffic signal at the intersection of Del Rosa Ave with Date St/Date Pl. Project Approval Date: 6/30/2020 Budget: $376,290 Current Project Status and Timeline:       Packet Pg. 86 72 CIP #138 Mt. Vernon Ave & Rialto Ave Traffic Signal Upgrade Project Category:Traffic Controls Ward: 1 & 3 Project Description: Estimated Total Project Cost:$20,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Budget Status:Within Budget 12/2023Estimated Project Completion: This signal equipment is at its end of useful life and is experiencing failures. This upgrade will include the poles and cameras. (Selected based on KOA assessment) Project Approval Date: Prior to 6/30/2018 Budget: $60,000 Current Project Status and Timeline:       Packet Pg. 87 73 CIP #139 Mt. Vernon Ave & Walnut Ave Traffic Signal Upgrade Project Category:Traffic Controls Ward: 3 Project Description: Estimated Total Project Cost:$20,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Budget Status:Within Budget 12/2023Estimated Project Completion: This signal equipment is at its end of useful life and is experiencing failures. This upgrade will include the poles and cameras. Project Approval Date: Prior to 6/30/2018 Budget: $35,000 Current Project Status and Timeline:       Packet Pg. 88 74 CIP #141 Rancho Rd. & Rialto Ave. Traffic Signal Upgrade Project Category:Traffic Controls Ward: 3 Project Description: Estimated Total Project Cost:$20,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Estimated Project Completion: Budget Status:Within Budget 12/2023 This signal equipment is at its end of useful life and is experiencing failures. This upgrade will include the poles and cameras. (Selected based on KOA assessment) Project Approval Date: Prior to 6/30/2018 Budget: $25,000 Current Project Status and Timeline:       Packet Pg. 89 75 CIP #142 Waterman / 21st Traffic Upgrade Project Category:Traffic Controls Ward: 2 Project Description: Estimated Total Project Cost:$20,000 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Design Estimated Project Completion: Budget Status:Within Budget 12/2023 This signal equipment is at its end of useful life and is experiencing failures. This upgrade will include the poles and cameras. Project Approval Date: Prior to 6/30/2018 Budget: $25,000 Current Project Status and Timeline:       Packet Pg. 90 Closed -Out Projects Project Category Project Title Project Category Project Title Building Emergency BU Generator for Compressed Natural Gas Station Streets Street Rehabilitation- 7 Locations Program #8886 Part 1 Building 5th Street Senior Center Kitchen - Phase 2 Streets Street Rehabilitation- Congress Street from Mt. Vernon Avenue to K Street Building Paul Villasenor Library Improvements Streets Street Rehabilitation- Virginia Street from E Street to F Street and From G Street to H Street Building Anne Shirrells Park & Community Center Streets Street Rehabilitation- Hillside and Fairfax Parks Playground Equipment Replacement Streets Street Rehabilitation- Niles from San Gabriel to Crestview Parks Jerry Lewis Swim Center Improvements Streets Street Rehabilitation- Trenton from Crestview to Valencia, Valencia from Trenton to Niles Paving Parks Blair Park: Fitness Court, Dodgers Dream Field, 3 fields Streets Street Rehabilitation- Cedar Street from Highland to 29th Street       Packet Pg. 91 Closed -Out Projects Project Category Project Title Project Category Project Title Project Category Project Title Streets Street Rehabilitation- Arden Street (by soccer field) Streets Barton Road Rehabilitation Project Traffic Controls Highland/SB Bi -City Bikeway/Walk Streets Street Rehabilitation- Country Club Lane from Waterman to Fremotia Drive Streets Kendall Dr. Slope Stabilization H St Traffic Controls Waterman Ave Interconnect Streets Street Rehabilitation- Arden Street from Highland Avenue to Highland Creek Streets 2nd Street Bridge Replacement Traffic Controls Tippecanoe Ave Interconnect Streets Street Rehabilitation- 7 Locations Traffic Controls Mill and K Street Traffic Signal Upgrade Traffic Controls 9th Street Interconnect Streets State HWY I-10 CO-OP at Waterman Interchange Improvement Traffic Controls Mill Street and Arrowhead Traffic Signal Upgrade Traffic Controls 6th Street Interconnect Streets ATP Cycle 2 Safe Route to School Traffic Controls Traffic Signal Battery Backup Systems (Annual) Traffic Controls Local Roadway Safety Plan Streets City of Redlands Co -Op Project Traffic Controls Highland Ave Interconnect       Packet Pg. 92 Not-Activated Projects Project Category Project Title Project Category Project Title Building Delmann Heights Community Center Upgrade Parks Ruben Campos Community Center Building Police Building Management System Parks Ball Field Accessory Building Upgrade Building Feldheym Library Improvement Parks Hernandez Community Center: Security Fencing Building Inland Empire 66ers / San Manuel Stadium Parks Citywide Irrigation System Upgrade Building Train Depot Parks Park Restrooms Program Building City Hall Rehabilitation Project Parks Perris Hills Senior Center Renovation       Packet Pg. 93 Not-Activated Projects Project Category Project Title Project Category Project Title Project Category Project Title Parks Norton Gym: Facility Upgrades; Public Service Academy: Storm Drain Storm Drain Upgrade Street Arrowhead Farm Area Steet Rehab Parks Norton Park Storm Drain Conejo & 39th Storm Drain Street Street Rehabilitation : Parks Jerry Lewis Swim Center Storm Drain Sierra Way Storm Drain Others Waterman Landfill Vapor Extraction Parks Anne Shirrells Park Storm Drain Drainage Channel improvement at Cajon Blvd & Shenandoah Way Others MWSC Soil Extraction Parks Ball Field Lighting Assessment Street H St. Widening from Kendall Dr. to 40th St. Others Water Infrastructure Improvement Storm Drain Waterman / Baseline Culvert Street Alabama Street Rehab Project       Packet Pg. 94 Capital Projects with Budget Shortfalls 80 Project Title Budget Total Project Cost Budget Shortfall Funding Source Cross Street Bridge $0.00 $1,000,000 (estimated)$1,000,000 Capital Contingency Reserve Fund University Parkway & I-215 Improvements*$2,040,000 $3,000,000 $960,000 Measure I * Staff intends to return to the City Council on 7/19/23 to amendment to Co-Op Agreement with SBCTA.       Packet Pg. 95 Capital Projects with Budget Shortfalls 81 Project Title Budget Total Project Cost Budget Shortfall Budget Surplus Funding Source Genevieve Circuit Lighting $381,825 $1,422,083 $1,040,258 Measure S Ralston Circuit Lighting $382,167 $1,625,461 $1,243,294 Measure S Congress Street from Mt. Vernon Avenue to K Street; 14 locations $325,000 Measure S Arden Street (by soccer field)$325,000 Measure S Citywide Pavement Rehabilitation $1,350,000 Measure S Street Sweeping Signage Program $2,000,000 Measure S Total $2,283,552 $4,000,000 Measure S       Packet Pg. 96 City Council approved 130 CIP Projects in the amount of $169.6M Plus 14 non-funded projects CIP Management Progression 82       Packet Pg. 97 Comparison with Other Cities 83 5 3 14 2 47 2 2 10 10 10 7 0 5 10 15 20 25 30 35 40 45 50 Huntington Beach Oxnard Fontana Moreno Valley San Bernardino Fremont Chula Vista Santa Clarita Irvine Santa Ana Average (excluding SB) Projects per Project Manager Nearly 7x the average Industry standard is 7 to 10 projects per project manager.       Packet Pg. 98 Recommendations It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Receive and file an update regarding the City of San Bernardino’s Capital Improvement Program; and 2.Resolution No. 2023 -XXX authorizing the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording supplemental appropriations in the amount of $1,000,000 from the Capital Contingency Reserve Fund for the Cross Street Bridge Project; and $1,040,258 from Measure S for the Genevieve Circuit Lighting Project; and $1,243,294 from Measure S for the Ralston Circuit Lighting Project.       Packet Pg. 99 Questions? 85Packet Pg. 100 1 4 2 9 DISCUSSION City of San Bernardino Request for Council Action Date:June 26, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Resolution Adopting List of Projects under SB1 2023/2024 Road Maintenance Program; Approving Cooperative Funding Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project; Approving the Cooperative Funding Agreement with County of San Bernardino for 5th Street at Pedley Road Project; and Authorizing the Agency Director of Finance to Amend the FY 2023/24 Capital Improvement Plan, Recording Supplemental Appropriations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt: 1. Resolution No. 2023-091 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and 2. Resolution No. 2023-092 approving the Cooperative Funding Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project and authorize the City Manager or designee to execute the Cooperative Funding Agreement for Mountain Drive and Fourth Avenue Project; and authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $624,319.49 in SB1 Fund and $131,930.51 in Gas Tax Fund, for a total project of $756,250.00 for Mountain Drive and Fourth Avenue Project; and Packet Pg. 101 1 4 2 9 3. Resolution No. 2023-093 approving the Cooperative Funding Agreement with County of San Bernardino for 5th Street at Pedley Road Project and authorize the City Manager or designee to execute the Cooperative Funding Agreement for 5th Street at Pedley Road Project and authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas Tax Fund, for a total project of $355,500.00 for 5th Street at Pedley Road Project; and 4. Resolution No. 2023-094 authorizing the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording supplemental appropriations: a. In the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax Fund, for a total additional appropriation of $2,995,500.00 for Arden Avenue and Other Roads; Blake Street and Other Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects, which were approved on Resolution No 2021-236; and b. In the amount of $188,843.75 in SB1 Fund and $39,906.25 in Gas Tax Fund, for a total additional appropriation of $228,750.00 for 40th Street and Other Roads Project, which was approved on Resolution No 2020-227 and 2023-023. c. In the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax Fund, for a total additional appropriation of $2,354,858.00 for Street Rehabilitation – 21 locations (Project No. 13511) Project. Background Senate Bill (SB) 1 On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. On November 1, 2017, the State Controller deposited various portions of new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of the new RMRA funding was apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems.       Packet Pg. 102 1 4 2 9 •Annually, on July 1st, the City of San Bernardino, along with all other eligible California agencies, submits a work plan to the California Transportation Commission (CTC) committing the following fiscal years RMRA funding to a specific pavement preservation project in the coming year or in a future year if the City so desires. The submission of the work plan maintains the City's eligibility to garner RMRA funding during the forthcoming fiscal year. Without this commitment of RMRA funds the City loses its eligibility to collect RMRA funding through the State Controller's Office (SCO). County of San Bernardino Cooperative Agreements California Streets and Highways Code sections 1685 and 1803 authorize Cities to contract with Counties for the maintenance, construction or repair of City streets and roads, if the legislative body of City (City Council) determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads. Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects. On September 16, 2020, the City Council approved the Cooperative Funding Agreement with County of San Bernardino, Agreement No: 20-946, which included the following projects: •40th Street and Other Roads Project On September 15, 2021, the City Council approved the Cooperative Funding Agreement with County of San Bernardino, Agreement No: 21-782, which included the following projects: •Arden Avenue and Other Roads Project •Blake Street and Other Roads Project •Citrus Street and Other Roads Project •Lynwood Drive and Other Roads Project •Third Street and Other Roads Project •North San Bernardino Area Curb Ramps Project On February 1, 2023, the City Council amended the Cooperative Funding Agreement with County of San Bernardino, Agreement No: 20-946, to appropriate additional funds for the proposed improvements. Discussion The City anticipates receiving an estimated $5,523,614 in SB1 funds in FY 2023/24, which will be used to support the repair, rehabilitation, and improvement of the City street segments identified on the SB1 FY 2023/24 project list. In order to remain eligible to receive such funds through RMRA program, the City, through its general       Packet Pg. 103 1 4 2 9 funds, is required to allocate $1,167,244 on an annual basis. Every year on July 1st, the City is required to adopt a resolution identifying projects using RMRA allocation and submit this list of adopted projects to the State to meet the eligibility requirement to receive RMRA funds. If this is not done by July 1, the City loses its eligibility to collect RMRA funding. The City’s required local Maintenance of Effort (MOE) amount to be applied to the project under SB1 is estimated to be $1,167,244, as shown on the table below: Staff recommends adding the following list of projects to the SB1/RMRA funded projects list so that they can be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues. These projects involve asphalt roadway maintenance and rehabilitation (mill and overlay, slurry seal), concrete improvements, striping and related work. Majority of these projects are funded through County of San Bernardino Cooperative Agreements. Projects under County of San Bernardino Cooperative Agreements, which were previously approved by the City Council and proposed to be listed under SB1/RMRA funding: The projects listed below were previously approved by the City Council and are under existing Cooperative Agreements with the County of San Bernardino. Staff recommends adding these projects to the SB1/RMRA funded project list in order to receive SB1/RMRA funds: •Arden Avenue and Other Roads o Arden Ave, Del Rosa Ave, 6th St, Waterman Ave, Lynwood Dr, Harrison St, Elmwood Rd, 4th St. •Blake Street and Other Roads o Blake St, June Pl, Porter St, Adams St, June St, California St. •Citrus Street and Other Roads o Citrus Ave, Arden Ave, Barton St, Conejo Dr, Del Rosa Ave, Dwight Way, Glasgow Ave, Monterey Ave, Pedley Rd, Perris Hill Rd, Sterling Ave, Tippecanoe Ave, Yates St.       Packet Pg. 104 1 4 2 9 •Lynwood Drive and Other Roads o Lynwood Dr, Del Norte Dr, Del Rosa Ave, E St, Echo Dr, Edgemont Dr, Eureka St, Foothill Dr, 40th St, 48th St, 4th Ave, Hill Dr, Ironwood St, Magnolia Dr, Marshall Blvd, Modesto Dr, Mountain Ave, 35th St, 39th St. •Third Street and Other Roads o Third St, Baseline, 5th St, Highland Ave, Monterey Ave and Pacific St. •North San Bernardino Area Curb Ramps o Baseline St, Del Rosa Dr, Glasgow Ave, 19th St, Osburn Rd, Pacific St and Pumalo St. •40th Street and Other Roads o Cypress Dr, 40th St, 41st St, 48th St, Mountain Dr, 3rd Ave. Cooperative Funding Agreement, Agreement No: 21-782, which was approved at the September 15, 2021, Mayor and City Council Meeting, included Arden Ave, Blake St, Citrus St, Lynwood Dr, Third St, and North San Bernardino Area Curb Ramps projects. This agreement appropriated a total of $3,637,000 in Measure I Fund. Due to an increase in construction costs, and based on the finalized design, the estimated City cost share for the above projects, including a 25% contingency, is estimated to be $6,632,500. In addition to the available $3,637,000 from Measure I, an additional supplemental appropriation in the amount of $2,472,924.36 in SB1 Funds and $522,575.64 in Gas Tax (Maintenance of Effort) is requested to fully fund these projects. Cooperative Funding Agreement, Agreement No: 20-946, which was approved at the September 16, 2020, Mayor and City Council Meeting, and amended (through Amendment 1) on February 1, 2023, included 40th Street Project. This agreement appropriated $490,000 in Measure I Fund and $425,000 in Measure S Fund for a combined total budget of $915,000. Due to an increase in construction costs, and based on the finalized design, the estimated City cost share for the above project, including a 25% contingency, is estimated to be $1,143,750. In addition to the available $915,000, an additional supplemental appropriation in the amount of $188,843.75 in SB1 Funds and $39,906.25 in Gas Tax (Maintenance of Effort) is requested to fully fund the project. New Projects under County of San Bernardino Cooperative Agreements, which are proposed for the City Council Approval to be listed under SB1/RMRA funding: The below listed projects are newly proposed projects, which will be provided through new Cooperative Agreements with the County of San Bernardino. Staff recommends including these projects on the SB1/RMRA funded project list in order to receive SB1/RMRA funds: •Mountain Drive and 4th Avenue o 4th Ave and Mountain Drive. •5th Street and Pedley Rd o 5th St and Pedley Rd.       Packet Pg. 105 1 4 2 9 Staff negotiated two Cooperative Funding Agreements (“Agreement”) for the above listed projects with the County delineating the roles, responsibilities, and contributions of both the County and the City regarding the Projects. Under the terms of the Agreements, the County will be the lead agency and will invoice the City upon completion of each Project. The Mountain Drive and 4th Avenue Project involves culvert construction and roadway reconstruction on 4th Ave and Mountain Drive. The project design is 65% completed and the construction is anticipated to start in Fall 2024. The total cost for the project is $1.1m, and the City’s cost share including a 25% contingency is $756,250. Mountain Drive and Fourth Avenue Project will require a supplemental appropriation in the amount of $624,319.49 in SB1 Funds and $131,930.51 in Gas Tax (Maintenance of Effort) for a total project of $756,250.00 to fully fund the project. The 5th Street at Pedley Road Project involves traffic control devices (HAWK system) installation, ADA ramps upgrade/construction, intersection widening on 5th St and Pedley Rd. The project design is 95% completed and the construction is anticipated to start in Fall 2023. The total cost for the project is $0.8m, and the City’s cost share including a 25% contingency is $355,500. 5th Street at Pedley Road Project will require a supplemental appropriation in the amount of $293,481.76 in SB1 Funds and $62,018.24 in Gas Tax (Maintenance of Effort) for a total project of $355,500.00 to fully fund the project. Project on City’s current CIP Program, which is proposed to be listed under SB1/RMRA funding: The project outlined below is listed on the City’s current CIP program. Staff recommends adding this project on SB1/RMRA funded project list to receive SB1/RMRA funds. •Street Rehabilitation – 21 locations (Project No: 13511) o 2nd St, 13th St, Vanderbilt Way, 43rd Ave, Ohio St, Dallas Ave, 33rd St, Alameda Ave, H St, Oak St, Sonora St, 36th St, 6th St, Guthrie St, Oak St, 16th St, Business Center Dr, 35th St, Garfield St, Tamarisk Ave, 18th St. This project is currently funded through Measure S funds in the amount of $6,080,690.01. Staff recommends to appropriate additional funds in the amount of $2,354,858, for a revised total budget of $8,435,548.01. Of the $2,354,858 in additional funds, $1,944,044.64 would come from SB1 funds and $410,813.36 from Gas Tax funds (Maintenance of Effort). Below is a list of all projects listed under SB1 Road Maintenance Program: County of San Bernardino Cooperative Funding Agreement Projects to be listed under SB1 Road Maintenance Program:       Packet Pg. 106 1 4 2 9 Project Name Previously Adopted Funds City Cost Share (incl. 25% contingency) through SB1 funds City Cost Share (incl. 25% contingency) through Gas Tax funds Total City Cost Share Arden Avenue and Other Roads Blake Street and Other Roads Citrus Street and Other Roads Lynwood Drive and Other Roads Third Street and Other Roads N San Bernardino Area Curb Ramps $3,637,000.00 (Measure I) $2,472,924.36 $522,575.64 $6,632,500 40th Street and Other Roads $915,000.00 ($490,000 in Measure I and $425,000 in Measure S) $188,843.75 $39,906.25 $1,143,750 Mountain Drive and Fourth Avenue $0 $624,319.49 $131,930.51 $756,250.00 5th Street at Pedley Road $0 $293,481.76 $62,018.24 $355,500.00 TOTAL $4,552,000 $3,579,569.36 $756,430.64 $8,888,000.00 Other Projects in City’s FY 22/23 CIP Program to be listed under SB1 Road Maintenance Program: Project Name Previously Adopted Funds Additional Funds thru SB1 funds Additional Funds thru Gas Tax funds Total Funds Street Rehabilitation – 21 locations (Project No: 13511) $6,080,690.01 (Measure S) $1,944,044.64 $410,813.36 $8,435,548.01 All 10 projects listed above are in different stages of design, and are anticipated to start construction in FY 2023/24, and finish construction in FY 2024/25. Staff recommends approval of the attached Resolutions listing proposed projects to be funded under SB1 2023/2024 Road Maintenance Program. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1d. Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs identified in the pavement management plan, and secure project funding resources available through SB1/RMRA. Fiscal Impact There is no General Fund impact associated with this item. The required funding to meet the MOE requirement is $1,550,543.24, funded by the Gas Tax Funds. Conclusion It is recommended that that the Mayor and City Council of the City of San       Packet Pg. 107 1 4 2 9 Bernardino, California, adopt: 1. Resolution No. 2023-091 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and 2. Resolution No. 2023-092 approving the Cooperative Funding Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project and authorize the City Manager or designee to execute the Cooperative Funding Agreement for Mountain Drive and Fourth Avenue Project; and authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $624,319.49 in SB1 Fund and $131,930.51 in Gas Tax Fund, for a total project of $756,250.00 for Mountain Drive and Fourth Avenue Project; and 3. Resolution No. 2023-093 approving the Cooperative Funding Agreement with County of San Bernardino for 5th Street at Pedley Road Project and authorize the City Manager or designee to execute the Cooperative Funding Agreement for 5th Street at Pedley Road Project and authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas Tax Fund, for a total project of $355,500.00 for 5th Street at Pedley Road Project; and 4. Resolution No. 2023-094 authorizing the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording supplemental appropriations: a. In the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax Fund, for a total additional appropriation of $2,995,500.00 for Arden Avenue and Other Roads; Blake Street and Other Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects, which were approved on Resolution No 2021-236; and b. In the amount of $188,843.75 in SB1 Fund and $39,906.25 in Gas Tax Fund, for a total additional appropriation of $228,750.00 for 40th Street and Other Roads Project, which was approved on Resolution No 2020-227 and 2023-023. c. In the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax Fund, for a total additional appropriation of $2,354,858.00 for Street Rehabilitation – 21 locations (Project No: 13511) Project.       Packet Pg. 108 1 4 2 9 Attachments Attachment 1 Resolution No. 2023-091 Attachment 2 Resolution No. 2023-092 Attachment 3 Resolution No. 2023-093 Attachment 4 Resolution No. 2023-094 Attachment 5 Cooperative Funding Agreement for Mountain Drive and Fourth Avenue Project Attachment 6 Cooperative Funding Agreement for 5th Street at Pedley Road Project Ward: All Wards Synopsis of Previous Council Actions: February 1, 2023 Amendment No. 1 to Co-Operative Funding Agreement (Agreement No: 20-946) with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation September 15, 2021 Co-Operative Funding Agreement (Agreement No: 21-782) with County of San Bernardino September 16, 2020 Co-Operative Funding Agreement (Agreement No: 20-946) with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation       Packet Pg. 109 Resolution No. 2023-091 Resolution 2023-091 June 26, 2023 Page 1 of 6 2 7 8 2 RESOLUTION NO. 2023-091 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ROAD MAINTENANCE AND REHABILITATION PROPOSED PROJECT LIST FOR SUBMITTAL TO THE CALIFORNIA TRANSPORTATION COMMISSION; AND ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/24 TO BE FUNDED BY SENATE BILL 1: ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $5,523,614 in RMRA funding in Fiscal Year 2023-24 from SB 1; and WHEREAS, SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the following streets listed below throughout the City this year; and       Packet Pg. 110 Resolution No. 2023-091 Resolution 2023-091 June 26, 2023 Page 2 of 6 2 7 8 2 WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues: Project Title: Arden Avenue and Other Roads (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Asphalt pavement reconstruction, asphalt coldmill and overlay, ADA Curb Ramp Updates. Project Location: Arden Ave, Del Rosa Ave, 6th St, Waterman Ave, Lynwood Dr, Harrison St, Elmwood Rd, 4th St Estimated Project Schedule: Start (04/2024)– Completion (07/2024) Estimated Project Useful Life: 12-15 years Project Title: Blake Street and Other Roads (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Asphalt slurry seal, asphalt coldmill and overlay, curb ramp replacement and striping improvements. Project Location: Blake St, June Pl, Porter St, Adams St, June St, California St Estimated Project Schedule: Start (04/2024)– Completion (07/2024) Estimated Project Useful Life: 7-15 years Project Title: Citrus Street and Other Roads (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Asphalt slurry seal, asphalt coldmill and overlay and striping improvements. Project Location: Citrus Ave, Arden Ave, Barton St, Conejo Dr, Del Rosa Ave, Dwight Way, Glasgow Ave, Monterey Ave, Pedley Rd, Perris Hill Rd, Sterling Ave, Tippecanoe Ave, Yates St       Packet Pg. 111 Resolution No. 2023-091 Resolution 2023-091 June 26, 2023 Page 3 of 6 2 7 8 2 Estimated Project Schedule: Start (04/2024)– Completion (07/2024) Estimated Project Useful Life: 7-15 years Project Title: Lynwood Drive and Other Roads (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Asphalt slurry seal and striping improvements. Project Location: Lynwood Dr, Del Norte Dr, Del Rosa Ave, E St, Echo Dr, Edgemont Dr, Eureka St, Foothill Dr, 40th St, 48th St, 4th Ave, Hill Dr, Ironwood St, Magnolia Dr, Marshall Blvd, Modesto Dr, Mountain Ave, 35th St, 39th St Estimated Project Schedule: Start (07/2023)– Completion (10/2023) Estimated Project Useful Life: 7-10 years Project Title: Third Street and Other Roads (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Asphalt coldmill and overlay, curb ramp replacement and striping improvements. Project Location: Third St, Baseline, 5th St, Highland Ave, Monterey Ave and Pacific St Estimated Project Schedule: Start (04/2024)– Completion (07/2024) Estimated Project Useful Life: 12-15 years Project Title: North San Bernardino Area Curb Ramps (SB County Joint Street Rehabilitation Projects) Project Description: Curb ramp replacement. Project Location: Baseline St, Del Rosa Dr, Glasgow Ave, 19th St, Osburn Rd, Pacific St and Pumalo St Estimated Project Schedule: Start (07/2024)– Completion (10/2024) Estimated Project Useful Life: 20 years Project Title: 40th Street and Other Roads (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Asphalt coldmill and overlay and striping improvements. Project Location: Cypress Dr, 40th St, 41st St, 48th St, Mountain Dr, 3rd Ave Estimated Project Schedule: Start (07/2023)– Completion (10/2023) Estimated Project Useful Life: 12-15 years Project Title: 4th Avenue and Mountain Avenue (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Culvert construction and roadway reconstruction. Project Location: 4th Ave and Mountain Drive Estimated Project Schedule: Start (07/2024)– Completion (10/2024) Estimated Project Useful Life: 12-15 years       Packet Pg. 112 Resolution No. 2023-091 Resolution 2023-091 June 26, 2023 Page 4 of 6 2 7 8 2 Project Title: 5th Street and Pedley Rd (San Bernardino County Joint Street Rehabilitation Projects) Project Description: Traffic control device (Hawk system) installation, ADA ramps upgrade/construction, intersection widening. Project Location: 5th St and Pedley Rd Estimated Project Schedule: Start (07/2023)– Completion (10/2023) Estimated Project Useful Life: 12-15 years Project Title: Street Rehabilitation – 21 locations (Project No: 13511) Project Description: Asphalt coldmill and overlay, and striping improvements. Project Location: 2nd St, 13th St, Vanderbilt Way, 43rd Ave, Ohio St, Dallas Ave, 33rd St, Alameda Ave, H St, Oak St, Sonora St, 36th St, 6th St, Guthrie St, Oak St, 16th St, Business Center Dr, 35th St, Garfield St, Tamarisk Ave, 18th St Estimated Project Schedule: Start (10/2023)– Completion (6/2024) Estimated Project Useful Life: 12-15 years SECTION 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: There are no projects listed. SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation       Packet Pg. 113 Resolution No. 2023-091 Resolution 2023-091 June 26, 2023 Page 5 of 6 2 7 8 2 does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 26th day of June 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 114 Resolution No. 2023-091 Resolution 2023-091 June 26, 2023 Page 6 of 6 2 7 8 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-091, adopted at a regular meeting held on the 26th day of June 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 27th day of June 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 115 Resolution No. 2023-092 Resolution 2023-092 June 26, 2023 Page 1 of 4 2 8 8 9 RESOLUTION NO.2023-092 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE COOPERATIVE FUNDING AGREEMENT WITH COUNTY OF SAN BERNARDINO FOR MOUNTAIN DRIVE AND FOURTH AVENUE PROJECT AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE THE COOPERATIVE FUNDING AGREEMENT FOR MOUNTAIN DRIVE AND FOURTH AVENUE PROJECT; AND AUTHORIZE THE AGENCY DIRECTOR OF FINANCE TO AMEND THE FY 2023/24 CAPITAL IMPROVEMENT PLAN WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize Cities to contract with Counties for the maintenance, construction or repair of City streets and roads, if the legislative body of City (City Council) determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino (“City”) share jurisdiction on many streets throughout the City's borders. As a result, road resurfacing and maintenance is divided into these two jurisdictions. County’s staff contacted the City in order to determine the City’s willingness to fund the San Bernardino portion of the Street Rehabilitation on Various Shared Streets (“Project”) and partner to have the (street rehabilitation done in the most effective way; and WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects; and WHEREAS, Staff negotiated a Cooperative Funding Agreement (“Agreement”) with the County delineating the roles, responsibilities, and contributions of both County and the City with regard to the Project. Through the Agreement, County will be the lead agency and will invoice City of the completion of work. WHEREAS, the City will contribute $756,250 including 25% contingency for the project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.       Packet Pg. 116 Resolution No. 2023-092 Resolution 2023-092 June 26, 2023 Page 2 of 4 2 8 8 9 SECTION 2. Mayor and City Council hereby determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with County of San Bernardino for the Mountain Drive and Fourth Avenue Project. SECTION 3. Mayor and City Council hereby approve the Cooperative Funding Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project and authorize the City Manager or designee to execute the Cooperative Funding Agreement for Mountain Drive and Fourth Avenue Project. SECTION 4. Mayor and City Council hereby authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $ $624,319.49 in SB1 Fund and $131,930.51 in Gas Tax Fund, for a total project of $756,250.00 for Mountain Drive and Fourth Avenue Project. SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.       Packet Pg. 117 Resolution No. 2023-092 Resolution 2023-092 June 26, 2023 Page 3 of 4 2 8 8 9 SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 26th day of June 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 118 Resolution No. 2023-092 Resolution 2023-092 June 26, 2023 Page 4 of 4 2 8 8 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-092, adopted at a regular meeting held on the 26th day of June 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 27th day of June 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 119 Resolution No. 2023-093 Resolution 2023-093 June 26, 2023 Page 1 of 4 2 8 9 0 RESOLUTION NO. 2023-093 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE COOPERATIVE FUNDING AGREEMENT WITH COUNTY OF SAN BERNARDINO FOR 5TH STREET AT PEDLEY ROAD PROJECT AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE THE COOPERATIVE FUNDING AGREEMENT FOR 5TH STREET AT PEDLEY ROAD PROJECT; AND AUTHORIZE THE AGENCY DIRECTOR OF FINANCE TO AMEND THE FY 2023/24 CAPITAL IMPROVEMENT PLAN WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize Cities to contract with Counties for the maintenance, construction or repair of City streets and roads, if the legislative body of City (City Council) determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino (“City”) share jurisdiction on many streets throughout the City's borders. As a result, road resurfacing and maintenance is divided into these two jurisdictions. County’s staff contacted the City in order to determine the City’s willingness to fund the San Bernardino portion of the Street Rehabilitation on Various Shared Streets (“Project”) and partner to have the (street rehabilitation done in the most effective way; and WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects; and WHEREAS, Staff negotiated a Cooperative Funding Agreement (“Agreement”) with the County delineating the roles, responsibilities, and contributions of both County and the City with regard to the Project. Through the Agreement, County will be the lead agency and will invoice City of the completion of work. WHEREAS, the City will contribute $355,500 including 25% contingency for the project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.       Packet Pg. 120 Resolution No. 2023-093 Resolution 2023-093 June 26, 2023 Page 2 of 4 2 8 9 0 SECTION 2. Mayor and City Council hereby determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with County of San Bernardino for the 5th Street at Pedley Road Project. SECTION 3. Mayor and City Council hereby approve the Cooperative Funding Agreement with County of San Bernardino for the 5th Street at Pedley Road Project and authorize the City Manager or designee to execute the Cooperative Funding Agreement for the 5th Street at Pedley Road Project. SECTION 4. Mayor and City Council hereby authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas Tax Fund, for a total project of $355,500.00 for 5th Street at Pedley Road Project. SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.       Packet Pg. 121 Resolution No. 2023-093 Resolution 2023-093 June 26, 2023 Page 3 of 4 2 8 9 0 SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 26th day of June 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 122 Resolution No. 2023-093 Resolution 2023-093 June 26, 2023 Page 4 of 4 2 8 9 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-093, adopted at a regular meeting held on the 26th day of June 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 27th day of June 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 123 Resolution No. 2023-094 Resolution 2023-094 June 26, 2023 Page 1 of 5 2 8 9 1 RESOLUTION NO.2023-094 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF FINANCE TO AMEND THE FY 2023/24 CAPITAL IMPROVEMENT PLAN RECORDING SUPPLEMENTAL APPROPRIATIONS FOR VARIOUS PROJECTS WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize Cities to contract with Counties for the maintenance, construction or repair of City streets and roads, if the legislative body of City (City Council) determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino (“City”) share jurisdiction on many streets throughout the City's borders. As a result, road resurfacing and maintenance is divided into these two jurisdictions. County’s staff contacted the City in order to determine the City’s willingness to fund the San Bernardino portion of the Street Rehabilitation on Various Shared Streets (“Project”) and partner to have the (street rehabilitation done in the most effective way; and WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects; and WHEREAS, on September 16, 2020, the City Council approved the Cooperative Funding Agreement with County of San Bernardino for 40th Street and Other Roads Project, in which the County will be the lead agency and will invoice the City of the completion of work; and WHEREAS, on September 16, 2020, the City Council amended the FY 2020/21 Capital Improvement Program to include the Project and establish Project budgets in the amount of $490,000 in Measure I Fund 129 for 40th Street and Other Roads Project.; and WHEREAS, on September 15, 2021, the City Council approved the Cooperative Funding Agreement with County of San Bernardino for Arden Avenue and Other Roads; Blake Street and Other Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects, in which the County will be the lead agency and will invoice the City of the completion of work; and WHEREAS, on September 15, 2021, the City Council amended the FY 2020/21 Capital Improvement Program to include the Project and establish Project budgets in the amount of $3,637,000 in Measure I Fund 129 for Arden Avenue and Other Roads; Blake Street and Other       Packet Pg. 124 Resolution No. 2023-094 Resolution 2023-094 June 26, 2023 Page 2 of 5 2 8 9 1 Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects. WHEREAS, on February 1, 2023, the City Council approved Amendment No. 1 to the Cooperative Funding Agreement with County of San Bernardino for 40th Street and Other Roads Project, authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $425,000 in Measure S Fund, for a total project cost of $915,000. WHEREAS, due to increases in construction costs and based on the finalized design, the estimated City cost share for the 40th Street and Other Roads Project including a 25% contingency is estimated to be $1,143,750. In addition to the available $915,000, an additional supplemental appropriation in the amount of $188,843.75 in SB1 Funds and $39,906.25 in Gas Tax (Maintenance of Effort) is requested to fully fund the project. WHEREAS, due to increases in construction costs and based on the finalized design, the estimated City cost share for the Arden Avenue and Other Roads Project, Blake Street and Other Roads Project, Citrus Street and Other Roads Project, Lynwood Drive and Other Roads Project, Third Street and Other Roads Project, North San Bernardino Area Curb Ramps Project including a 25% contingency is estimated to be $6,632,500. In addition to the available $3,637,000 from Measure I, an additional supplemental appropriation in the amount of $2,472,924.36 in SB1 Funds and $522,575.64 in Gas Tax (Maintenance of Effort) is requested to fully fund the project. WHEREAS, Street Rehabilitation – 21 locations (Project No: 13511) Project will require a supplemental appropriation in the amount of $1,944,044.64 in SB1 Funds and $410,813.36 in Gas Tax (Maintenance of Effort) to fully fund the project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of 188,843.75 in SB1 Fund and $39,906.25 in Gas Tax Fund, for a total additional contribution of $228,750.00 for 40th Street and Other Roads Project. SECTION 3. Mayor and City Council hereby authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax Fund, for a total additional contribution of $2,995,500.00 for Arden Avenue and Other Roads; Blake Street and Other Roads;       Packet Pg. 125 Resolution No. 2023-094 Resolution 2023-094 June 26, 2023 Page 3 of 5 2 8 9 1 Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects. SECTION 4. Mayor and City Council hereby authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax Fund, for a total additional contribution of $2,354,858.00 for Street Rehabilitation – 21 locations (Project No: 13511) Project. SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 126 Resolution No. 2023-094 Resolution 2023-094 June 26, 2023 Page 4 of 5 2 8 9 1 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 26th day of June 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 127 Resolution No. 2023-094 Resolution 2023-094 June 26, 2023 Page 5 of 5 2 8 9 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-094, adopted at a regular meeting held on the 26th day of June 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 27th day of June 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 128 Standard Contract Page 1 of 8 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Public Works Department Contract Representative Arlene Chun, M.S., P.E., Engineering Manager - Transportation Planning Division Telephone Number (909) 387-8165 Project Mountain Drive and Fourth Avenue Contractor City of San Bernardino Contractor Representative Susan Pan, P.E. Telephone Number (909) 384-5225 Contract Term 7/25/2023 – 12/31/2026 Original Contract Amount $605,000 Amendment Amount N/A Total Contract Amount $605,000 Cost Center 6650002000 H15123 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in a pavement reconstruction and Americans with Disabilities Act curb ramp project on Fourth Avenue, from Kendall Drive north 0.08 miles, and on Mountain Drive, from Kendall Drive north 0.08 miles, in the San Bernardino area (hereinafter referred to as PROJECT); and WHERAS, the PROJECT, is located in the unincorporated area of the COUNTY and the incorporated area of the CITY, and WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and Contract Number SAP Number       Packet Pg. 129 Revised 7/15/19 Page 2 of 8 WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be from COUNTY Gax Tax Funds along with Senate Bill 1 Road Maintenance and Rehabilitation Account funds and CITY’s share of PROJECT costs will be financed through its local funds; and WHEREAS, the total PROJECT cost is estimated to be $1,060,000; and WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $455,000 and the CITY’s share of PROJECT cost is estimated to be $605,000, as more particularly set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference; and WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party’s jurisdiction; and WHEREAS, PROJECT pavement reconstruction may require that the existing sewer and storm drain manholes be adjusted to the new level of the pavement during construction; WHEREAS, CITY will pay 100% of the actual cost for adjusting the sewer and storm drain manholes belonging to the CITY; and WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the design, survey, California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.), construction, construction engineering, and inspection of the PROJECT. 1.2 If required, at its own cost, design and perform all right-of-way acquisition related work inside the unincorporated COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right- of way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way). 1.3 Provide plans and specifications for the PROJECT for CITY’s review and approval. 1.4 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY. 1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits, subject to paragraph 3.9 below. 1.6 Obtain a no-cost permit from the CITY for work performed within the CITY’s right-of-way. 1.7 Provide a no-cost permit to the CITY for its work in COUNTY’s right-of-way, which permit approval shall not be unreasonably withheld, delayed or conditioned. 1.8 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.9 Require its contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11- 07SP. 1.10 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of written demand from CITY for such records. This shall be included as a PROJECT cost. 1.11 After bid opening and prior to award of the construction contract, submit to the CITY an invoice for the estimated CITY share of PROJECT construction costs based on the COUNTY/CITY percentage share determined from the bid result.       Packet Pg. 130 Revised 7/15/19 Page 3 of 8 1.12 Upon PROJECT completion, calculate actual COUNTY/CITY PROJECT share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY as provided in this Agreement. 1.13 Based on the COUNTY percentage calculated pursuant to paragraph 1.12, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $455,000 and shall not exceed $568,750 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17. 1.14 Upon PROJECT completion and the identification of all PROJECT expenses, submit to the CITY an itemized accounting of actual PROJECT costs incurred by the COUNTY and, if said costs exceed the amount paid by CITY pursuant to paragraphs 1.11 and 2.6, an invoice for the remainder of the CITY’s share of the actual PROJECT costs, up to the amount set forth in Section 2.7 hereof, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1.11 and 2.6, then COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized accounting. 1.15 Prepare, process, and secure all necessary environmental documents required by CEQA. 2.0 CITY AGREES TO: 2.1 Review and approve the plans and specifications of the PROJECT. 2.2 If required, at its own cost and not included in this PROJECT cost, perform all right-of-way acquisition related work inside the CITY’s jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way). 2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way. 2.4 Provide a qualified representative who shall have the authority to discuss and attempt to resolve issues concerning the PROJECT with the COUNTY. 2.5 Obtain a no-cost permit from the COUNTY for work within the COUNTY’S right-of-way, which permit approval shall not be unreasonably withheld, delayed or conditioned. 2.6 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraph 1.11 above, pay to the COUNTY the invoiced amount. 2.7 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.14 above, pay to the COUNTY the remainder of its share of the actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.12. The PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection and COUNTY overhead costs. CITY’s share of PROJECT costs is currently estimated to be $605,000 and shall not exceed $756,250 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative). 2.8 Should existing sewer manholes within CITY’s jurisdiction require height adjustment to the new level of pavement during construction, CITY shall pay 100% of the actual cost for adjusting the manholes as a separate `expense from this Agreement. 3.0 IT IS MUTUALLY AGREED: 3.1 Except for activities that are impossible to perform during the construction phase of PROJECT, before, during and after CITY’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the COUNTY unincorporated area and the CITY shall be responsible for performing any and all work       Packet Pg. 131 Revised 7/15/19 Page 4 of 8 (including, but not limited to, maintenance) for City streets in the PROJECT limits that are in the CITY incorporated area. 3.2 COUNTY agrees to indemnify, defend and hold harmless the CITY and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions or willful misconduct which arise from COUNTY’s performance of its obligations under this Agreement. 3.3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY’s negligent acts or omissions or willful misconduct which arise from CITY’s performance of its obligations under this Agreement. 3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. 3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.2, 3.3 and 3.4. 3.6 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY’s performance of the terms, conditions or obligations of this Agreement. 3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the estimated total of the PROJECT’s cost of $1,060,000 (which is the sum of $455,000 from COUNTY and $605,000 from CITY) shall be borne by each PARTY based upon where the work is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the amounts set forth in Section 1.13 and 2.7, respectively. 3.8 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 3.17 will be paid solely by the agency requesting the work. 3.9 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located within their respective boundaries. 3.10 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s designee, that a cost overrun of 25% or more of the estimated total of the PROJECT costs will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the cost estimates. If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual consent. 3.11 COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor. 3.12 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the contract. 3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over 25% more than the construction cost shown in Exhibit A or the Amended Exhibit A pursuant to       Packet Pg. 132 Revised 7/15/19 Page 5 of 8 paragraph 3.10 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY’s City Engineer or designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the award of the construction contract. If the above described conditions are not met, COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 3.14 In the event that change orders are required during the course of the PROJECT, said change orders must be delivered by fax or email and must be returned within two (2) days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments or settlements associated with the disapproved or modified change order. 3.15 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including termination pursuant to paragraphs 3.10, 3.11 and 3.13 above, all PROJECT expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval. 3.16 Except as provided in paragraphs 3.15 and 3.24, and except for the Parties’ operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs or refund by COUNTY pursuant to paragraph 1.14. 3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California. 3.19 Time is of the essence for each and every provision of this Agreement. 3.20 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 COUNTY work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.21 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. 3.23 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.24 This Agreement will be effective on the date signed and approved by both Parties and shall terminate upon satisfaction of the terms identified in paragraph 3.16 or December 31, 2026 (whichever occurs first).       Packet Pg. 133 Revised 7/15/19 Page 6 of 8 3.25 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows: CITY: City of San Bernardino 290 North D Street San Bernardino, CA 92401 Attn: Public Works Department Engineering Division COUNTY: San Bernardino County Department of Public Works 825 E. Third Street Room 143 San Bernardino, CA 92415 Attn: Transportation Planning Division 3.26 The Recitals are incorporated into the body of this Agreement. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. SIGNATURES ON FOLLOWING PAGE       Packet Pg. 134 Revised 7/15/19 Page 7 of 8 IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands. FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO (Print or type name of corporation, company, contractor, etc.) By Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Charles E. McNeely SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title City Manager Lynna Monell Clerk of the Board of Supervisors of San Bernardino County (Print or Type) By Dated: Deputy Address 290 North D Street San Bernardino, CA 92401       Packet Pg. 135 Revised 7/15/19 Page 8 of 8 EXHIBIT A DESCRIPTION AMOUNT SAN BERNARDINO COUNTY SHARE CITY OF SAN BERNARDINO SHARE Construction (including contingencies) $850,000 $365,000 $485,000 All Other Costs such as design, survey, CEQA compliance, construction engineering, inspection and County overhead $210,000 $90,000 $120,000 TOTAL $1,060,000 $455,000 $605,000       Packet Pg. 136 Standard Contract Page 1 of 8 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Public Works Department Contract Representative Arlene Chun, M.S., P.E. Engineering Manager Telephone Number (909) 387-8165 Project 5th Street and Pedley Road Contractor City of San Bernardino Contractor Representative Susan Pan, P.E. Telephone Number (909) 384-5225 Contract Term 7/25/23 - 6/30/28 Original Contract Amount $284,379 Amendment Amount N/A Total Contract Amount $284,379 Cost Center 6650002000 H15189 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in an intersection improvement project, which includes widening the southeast corner of the intersection, installing pedestrian signals, adding American with Disabilities Act (ADA) curb ramps, and other appurtenance work at the intersection of 5th Street and Pedley Road located in the San Bernardino area (hereinafter referred to as PROJECT); and, WHEREAS, the PROJECT is located partially in the unincorporated area of the COUNTY and in the incorporated area of the CITY, and, WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and, WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and, WHEREAS, the total PROJECT cost is estimated to be $829,751; and, Contract Number SAP Number       Packet Pg. 137 Revised 6/14/23 Page 2 of 8 WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $545,372 and the CITY’s share of PROJECT cost is estimated to be $284,379, as more particularly set forth in Exhibit “A”, which is attached hereto and unincorporated herein by this reference; and WHEREAS, it is anticipated that the COUNTY’s share of PROJECT costs will be funded with Senate Bill 1 Road Maintenance and Rehabilitation Account funds, General Funding Maintenance of Effort, and the Community Development Block Grant (CDBG) program funds; and the CITY’s share of PROJECT costs will be funded with its local funds; and WHEREAS, the CDBG program provides federal funding for projects to improve the quality of life for people living within low-income communities, such as the installation of ADA curb ramps and traffic/pedestrian signals which are considered as safety needs; and, WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party’s jurisdiction; and WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the preliminary engineering, design, survey, California Environmental Quality Act (CEQA) review and compliance (Public Resources Code section 21000 et seq.), construction, construction engineering, and inspection of the PROJECT. 1.2 If required, at its own cost, design and perform all right-of-way acquisition related work inside the COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way). 1.3 Provide plans and specifications for the PROJECT for CITY’s review and approval pursuant to paragraph 2.1 below. 1.4 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY pursuant to paragraphs 1.3 and 2.1. 1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the COUNTY limits, subject to paragraph 3.9 below. 1.6 Obtain a no-cost permit from the CITY for work to be performed within the CITY’s right-of-way. 1.7 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.8 Require its contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11- 07SP. 1.9 Provide inspection of all items of work performed under the construction contract(s) with COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. The COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of written demand from CITY for such records. This shall be included as a PROJECT cost. 1.10 After bid opening for the PROJECT and prior to award of the construction contract, submit to the CITY an invoice for the estimated CITY share of PROJECT construction costs based on the COUNTY/CITY percentage share determined from the bid result. 1.11 Upon PROJECT completion, calculate actual COUNTY/CITY PROJECT share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY jurisdiction, as provided in this Agreement.       Packet Pg. 138 Revised 6/14/23 Page 3 of 8 1.12 Based on the COUNTY percentage calculated pursuant to paragraph 1.11, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, survey, CEQA review and compliance, construction, construction engineering, inspection, and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $545,372 and shall not exceed $681,715 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17 below. 1.13 Upon PROJECT completion and the identification of all PROJECT expenses, submit to the CITY an itemized accounting of actual PROJECT costs incurred by the COUNTY and, if said costs exceed the amount paid by CITY pursuant to paragraphs 1.10 and 2.6, an invoice for the remainder of the CITY’s share of the actual PROJECT costs, up to the amount set forth in paragraph 2.8 as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1.10 and 2.6, then COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized accounting. 2.0 CITY AGREES TO: 2.1 Review, approve, and provide comments, if necessary, for the PROJECT’s plans and specifications provided by the COUNTY for PROJECT work to be performed in the CITY’s jurisdiction. 2.2 If required, at its own cost and not included in this PROJECT cost, perform all right-of-way acquisition related work inside the CITY’s jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way). 2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way. 2.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the CITY limits, subject to paragraph 3.9 below. 2.5 Provide a qualified CITY representative who has the authority to discuss and resolve Project issues and the authority to inspect PROJECT construction upon notification by COUNTY via email and/or telephone that an inspection is needed within the CITY’s limits. 2.6 Within thirty (30) days after receipt of the invoice from the COUNTY and pursuant to paragraph 1.10 above, pay to the COUNTY the invoiced amount. 2.7 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.13 above, pay to the COUNTY the remainder of CITY’s share of the actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.12. The PROJECT costs shall include the cost of PROJECT design, survey, CEQA review and compliance, construction, construction engineering, inspection, and COUNTY overhead costs. 2.8 CITY’s share of PROJECT costs is estimated to be $284,379 and shall not exceed $355,500 (25% increase over the PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17 below. 3.0 IT IS MUTUALLY AGREED: 3.1 Except for activities that are impossible to perform during the construction phase of PROJECT, before, during and after CITY’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for PROJECT limits that are within the COUNTY unincorporated area and the CITY shall be responsible for performing any and all work (including, but not limited to, maintenance) in the PROJECT limits that are in the CITY incorporated area. 3.2 COUNTY agrees to indemnify and hold harmless the CITY and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions that arise from COUNTY’s performance of its obligations under this Agreement.       Packet Pg. 139 Revised 6/14/23 Page 4 of 8 3.3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless COUNTY and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY’s negligent acts or omissions that arise from CITY’s performance of its obligations under this Agreement. 3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. 3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.2, 3.3 and 3.4. 3.6 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY’s performance of the terms, conditions or obligations of this Agreement. 3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the estimated total of the PROJECT’s cost of $829,751 (which is the sum of $545,372 from COUNTY and $284,379 from CITY) shall be borne by each Party based upon where the work is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the amounts set forth in paragraphs 1.12 and 2.8. 3.8 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 3.17, will be paid solely by the agency requesting the work. 3.9 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located within their respective boundaries. 3.10 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s designee, that a cost overrun of 25% or more of the estimated total of the PROJECT costs will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the cost estimates. If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual consent. 3.11 COUNTY shall notify CITY of the bids received and the amounts thereof. If either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor. 3.12 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the contract. 3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over 25% more than the construction cost shown in Exhibit A or an Amended Exhibit A pursuant to paragraph 3.10 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY’s City Engineer or designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the award of the construction contract. If the above-described conditions are not met, COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the       Packet Pg. 140 Revised 6/14/23 Page 5 of 8 bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 3.14 If change orders are required during the course of the PROJECT, said change orders must be approved and signed by the CITY, and returned to COUNTY by fax or email within two (2) working days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments, or settlements associated with the disapproved or modified change order. 3.15 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including termination pursuant to paragraphs 3.10, 3.11 and 3.13 above, all PROJECT expenses incurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval. 3.16 Except as provided in paragraphs 3.15 and 3.24, and except for the Parties’ operation, maintenance, and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs or refund by COUNTY pursuant to paragraph 1.13. 3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the San Bernardino County, California. 3.19 Time is of the essence for each provision of this Agreement. 3.20 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 COUNTY workdays. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.21 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. 3.23 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.24 This Agreement will be effective on the date signed and approved by both Parties and shall terminate upon satisfaction of the terms identified in paragraph 3.16 or June 30, 2028 (whichever occurs first). 3.25 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:       Packet Pg. 141 Revised 6/14/23 Page 6 of 8 CITY: City of San Bernardino 290 North D Street San Bernardino, CA 92401 Attn: Public Works Department Engineering Division COUNTY: San Bernardino County Department of Public Works 825 E. Third Street, Room 143 San Bernardino, CA 92415 Attn: Transportation Planning Division 3.26 The Recitals are unincorporated into the body of this Agreement. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. SIGNATURES ON FOLLOWING PAGE       Packet Pg. 142 Revised 6/14/23 Page 7 of 8 IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands. FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel Andy Silao, P.E., Engineering Manager Brendon Biggs, Director Date Date Date SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO By Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Charles McNeely SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Interim City Manager Lynna Monell Clerk of the Board of Supervisors San Bernardino County (Print or Type) By Dated: Deputy Address 290 North D St San Bernardino, CA 92401       Packet Pg. 143 Revised 6/14/23 Page 8 of 8 + EXHIBIT A ESTIMATE OF PROJECT COSTS FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO INTERSECTION IMPROVEMENT AND PEDESTRIAN SIGNAL INSTALLATION SAN BERNARDINO AREA 5TH STREET AND PEDLEY ROAD DESCRIPTION AMOUNT SAN BERNARDINO COUNTY SHARE CITY OF SAN BERNARDINO SHARE Construction (including contingencies) $668,262 $439,230 $229,032 All other costs such as Design, Survey, CEQA compliance, Construction Engineering, etc. $161,489 $106,142 $55,347 TOTAL $829,751 $545,372 $284,379       Packet Pg. 144