Loading...
HomeMy WebLinkAbout24-Development Services OR I '" 'IIAL iloidn CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File: 1.7191 Subject: Request for continuance to January 8, 2001. Resolution approving Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in the City of Rialto and supporting the submittal of a joint application for Federal Surface Transportation Program (STP) funding with the County, Rialto, and Colton to extend Pepper Avenue to the proposed State Route 210. From: William Woolard, Interim Director Dept: Development Services Date: December 11, 2000 MCC Date: 12/18/00 Synopsis of Previous Council Action: 11/20/00 Continued to 12/04/00 12/04/00 Continued to 12/18/00. Recommended Motion: Continue to January 8, 2001. / !JJt~Mvltf1~A./ William Woolard Contact person: Raymond A. Casey, City Engineer Phone: 3305 Supporting data attached: Staff report Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: -'1 . i"l'Lu A' (AfL/A .<t.J Agenda] / /~/o I *C}1 I~/;r J?J() -il30 , , , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Request for continuance to January 8, 2001. Resolution approving Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in the City of Rialto and submittal of a joint application for Federal Surface Transportation Program (STP) funding with the County, Rialto, and Colton to extend Pepper Avenue to the proposed State Route 210. Back2round: The California Department of Transportation is in the process of designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino, passing through or near the cities of Rialto and Colton and unincorporated areas of the County of San Bernardino. An interchange to Route 210 at Pepper Avenue has been planned but cannot be constructed unless Pepper A venue is extended from its current terminus in Rialto north to the proposed Route 210 prior to, or concurrently with, Route 210 construction. This item was submitted to the Mayor and Common Council on November 20, 2000, and was continued to December 4,2000. It was subsequently continued to December 18, 2000, in order to allow additional time to resolve the issues identified by the Council at the meeting of December 4, 2000. More time is needed to resolve these matters, therefore, we recommend that the item be continued to January 8, 2001. Financial Impact: None. Recommendation: That the Mayor and Common Council continue this item to January 8,2001. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File: 1.7196 Subject: Request for continuance to December 18, 2000. Resolution approving Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in the City of Rialto and supporting the submittal of a joint application for Federal Surface Transportation Program (STP) funding with the County, Rialto, and Colton to extend Pepper A venue to the proposed State Route 210. From: William Woolard, Interim Director Dept: Development Services Date: November 28, 2000 MCC Date: 12/04/00 Synopsis of Previous Council Action: 11/20/00 Continued to 12/04/00 Recommended Motion: Continue to December 18, 2000 ~~Jt/JM1/i~ William Woolard Contact person: Raymond A. Casey, City Engineer Phone: 3305 Supporting data attached: Staff report Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: liAJWOO Agenda Item No. :;.~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Request for continuance to December 18, 2000. Resolution approving Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in the City of Rialto and submittal of a joint application for Federal Surface Transportation Program (STP) funding with the County, Rialto, and Colton to extend Pepper Avenue to the proposed State Route 210. Backl!round: The California Department of Transportation is in the process of designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino, passing through or near the cities of Rialto and Colton and unincorporated areas of the County of San Bernardino. An interchange to Route 210 at Pepper Avenue has been planned but cannot be constructed unless Pepper A venue is extended from its current terminus in Rialto north to the proposed Route 210 prior to, or concurrently with, Route 210 construction. This item was submitted to the Mayor and Common Council on November 20, 2000, and was continued to December 4, 2000. Additional time is needed to resolve the issues identified by the Council at the last meeting; therefore, we recommend that the item be continued to December 18, 2000. Financial Imnact: None, Recommendation: That the Mayor and Common Council continue this item to December 18, 2000. Street Improvements For Pepper Avenue Extension Freeway 30 (210) To Winchester Drive z _ROOSEVELT ~ -cr- '01 EVI>l.o $;-; PRrJECT ~ ,'. ,^- - - O-e' LOOA Tlt2 ' c t;; z w V'> :'i w VICINITY MAP N. T.S. : CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: November 15, 2000 Subject: Resolution approving Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in the City of Rialto and authorizing the City Administrator to submit a joint application for Federal Surface Transportation Program (STP) Funding with the County, Rialto, and Colton to extend Pepper A venue to the proposed State Route 210. From: William Woolard, Interim Director Dept: Development Services File: 1.7196 MCC Date: 11/20/00 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution &1k~ - William Woolard Contact person: Raymond A. Casey, City Engineer Phone: 3305 Supporting data attached: Staff report, Reso, Map, Agreement Ward: N/A FUNDING REQUIREMENTS: Amount: up to $250,000 ($60,000 during FYOOIOI up to $190,000 in FY 01/02) Source: (Acct. No.) 129-367-5504-7191 (Acct. Description) Pavement rehabilitation Finance: Council Notes: II JJ/Jjm , <- Agenda Item No. J l..J CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper Avenue to future State Route 210 in the City of Rialto and authorizing the City Administrator to submit a joint application to SANBAG between the City of San Bernardino, the City of Rialto, the City of Colton, and the County of San Bernardino for STP funding to extend Pepper A venue to the proposed State Route 210. Back2round Information: The California Department of Transportation (Caltrans) is in the process of designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino, passing through or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino. An interchange to Route 210 at Pepper Avenue has been planned, but cannot be constructed unless Pepper A venue is extended from its current terminus in Rialto north to the proposed Route 210 prior to, or concurrently with, Route 210 construction, The City of Rialto entered into a Cooperative Agreement with SANBAG regarding the funding responsibilities to construct the Pepper A venue extension. A firm funding commitment is necessary to insure inclusion of the interchange in the Route 210 plans. The interchange will enhance traffic circulation throughout the region, therefore, the County and the cities of Rialto, Colton and San Bernardino desire to cooperate jointly to extend Pepper Avenue to the Route 210 extension. San Bernardino will benefit directly due to improved freeway access for the northwest area of the City. Since the interchange would benefit each of the parties in approximately equal proportion, the MOU states that funding would be shared equally, with each of the four agencies contributing 25 % . The City of Rialto agrees to act as the lead agency to comply with all terms specified in the SANBAG/Rialto agreement and establish a separate account to fund the extension. Per the proposed MOU, San Bernardino agrees to pay its share of the total project cost, estimated at $1,066,000 and to deposit $60,000 with the City of Rialto upon execution of the MOU in order for Rialto to begin work on the project. Approval of the resolution will authorize San Bernardino to aid the City of Rialto by contributing funds for the road extension and to submit a co-application with the City of Rialto for Federal Aid Funding under the Surface Transportation Program (STP). It is important to note that a joint application between the City of San Bernardino, the City of Rialto, the City of Colton, and the County of San Bernardino will be concurrently submitted to SANBAG for STP funds to offset the total project cost of $1,066,000. According to SANBAG staff, this project is a strong candidate to qualify for funding. If the project is funded, the San Bernardino share will be reduced from $250,000 to $60,000. Notification of funding from SANBAG is expect by mid-January 2001. Financial Impact: The total estimated cost of the project is $1,066,000 with the City's share estimated at $266,500 (25% of $1,066,(00). However, it is expected that competitive bidding will reduce each jurisdiction's share to a maximum of $250,000. The immediate cost to the City during FY 00/01 will be the $60,000 deposit. If STP funding is approved, San Bernardino's entire share of the project cost will be $60,000. Adequate funding is available in Fund 129 (1/2 Cent Sales and Road Tax) of the FY 00/01 budget from the projected balance remaining in account no. 129-367-5504-7191 after the completion of the FY 00/01 Slurry Seal Project. A budget amendment will be submitted to transfer money into a new account to fund this project. The remaining share of cost will be included in the FY 01/02 budget proposal. Since the proposed MOU will require reallocation the City's Measure "I" monies, it will be necessary for San Bernardino Staff to follow-up with a request for council action to amend to the Measure "I" Capital Improvement Program and amend the San Bernardino's Capital Improvement Program (CIP) , We anticipate that these amendments could be placed on the MCC agenda for 12/18/2000. Recommendation: Adopt Resolution approving Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend Pepper A venue to future State Route 210 in the City of Rialto and authorizing the City Administrator to submit a joint application to SANBAG between the City of San Bernardino, the City of Rialto, the City of Colton, and the County of San Bernardino for STP funding to extend Pepper Avenue to the proposed State Route 210. City of San Bernardino, California Street Improvements For Pepper A venue Extension Freeway 30 (210) To Winchester Drive to z: ~ z: W VICINITY MAP N.T.S. ~(QJ[P)W RESOLUTION NO. 2001-24 1 2 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF RIAL TO, AND THE CITY OF COLTON TO EXTEND PEPPER AVENUE TO FUTURE STATE ROUTE 210 AND AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A JOINT APPLICATION WITH THE COUNTY OF SAN BERNARDINO, CITY OF RIAL TO, AND CITY OF COLTON FOR FEDERAL AID SURFACE TRANSPORTATIO~ PROGRAM (STP) FUNDING FOR THE EXTENSION. 5 6 WHEREAS, the California Department of Transportation (Caltrans) is in the process 0 7 designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino; and 8 9 WHEREAS, the Route 210 extension will pass Ihrough or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino; and 10 WHEREAS, an interchange to Route 210 at Pepper Avenue is planned, but cannot be 11 constructed unless Pepper Avenue is extended from its current terminus in Rialto north to the 12 proposed Route 210; and 13 14 15 16 17 18 19 WHEREAS, the interchange will enhance traffic circulation throughout the region, which will be mutually beneficial to the County, the cities of Rialto, Colton and San Bernardino, and the four parties desire to cooperate jointly to extend Pepper Avenue to the Route 210 extension; and WHEREAS, the City is willing to commit allocated Federal Aid Surface Transportation Program (STP) Funds to the extension of Pepper A venue to the Route 210 extension, and WHEREAS, the project is entirely located within the incorporated area of the City of San Bernardino; and BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 1. That the attached Memorandum of Understanding (MOU) between the County of San Bernardino, the City of Rialto, the City of Colton and the City of San Bernardino to extend 22 Pepper Avenue to future State Route 210 in the City of Rialto is hereby approved. 2. That the City Administrator is hereby authorized to submit a joint application for Federal 23 Surface Transportation Program (STP) Funding with the County of San Bernardino, the 24 City of Rialto, and the City of Colton to extend Pepper Avenue to the proposed State Route 210, 21 25 26 27 28 2001-24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING WITH 1 THE COUNTY OF SAN BERNARDINO, THE CITY OF RIAL TO, AND THE CITY OF COLTON TO EXTEND PEPPER AVENUE TO FUTURE STATE ROUTE 210 AND 2 AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A JOINT APPLICATION WITH THE COUNTY OF SAN BERNARDINO, CITY OF RIALTO, AND CITY OF 3 COLTON FOR FEDERAL AID SURFACE TRANSPORTATION PROGRAM (STP) 4 FUNDING FOR THE EXTENSION. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Joint 6 Common Council of the City of San Bernardino at aRe gular meeting thereof, held on the 22nd 7 8 9 day of January , 200:1, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES 10 ESTRADA 11 LIEN 12 MCGINNIS 13 x x x SCHNETZ -1L 14 15 SUAREZ 16 ANDERSON 17 MCCAMMACK 18 19 20 x x x )</and tfJ./m d~na , L'p/1ft;~' - C' Cl k I I lty er The foregoing resolution is hereby approved this 26th day of January , 200.. ~~~~ Esther Estrada, Mayor Pro Tern City of San Bernardino 21 22 23 24 Approved as to Form and legal content: -- 25 JAMES F. PENMAN, 26 Cily Attorney 27 28 p, - if C---;':./'O-.v-:'-?"",- ~ E X New Vendor Code M Change X Cancel County Department RANSPORTATION County Department Contract Representative ETER H. WULFMAN, P.E. Fund Dept. Organization SM TRA TRA Commodity Code FOR COUNTY USE ONLY Dept. F 't- L'{) , Contract Number c A ()()- II ). Contractor's License No. County of San Bernardino FAS CONTRACT TRANSMITTAL Dept. Orgn. TRA TRA Ph.Ext. 8166 Obj/Rev Source 2445 Amount of Contract 560,000 Activity GRClPROJ/JOB Number 14HI3410 FY Estimated Payment Total by Fiscal Year Amount lID FY Amount 110 Project Name PEPPER AVE EXTENSION TO FUTURE RTE 210 CONTRACTOR CITY OF RIAL TO, CITY OF COLTON, CITY OF SAN BERNARDINO Birth Date Federal 10 No. or Social Security No. Contractor's Representative WALTER KANE, Acting City Administrator Address 150 S. Palm Avenue, Rialto, CA 92376 Phone (909) 820-2689 Nature of Contract: (Briefly describe the general terms of the contract) MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY, CITY OF RIALTO, CITY OF COLTON AND CITY OF SAN BERNARDINO FOR EXTENSION OF PEPPER AVENUE TO STATE ROUTE 210 The California Department of Transportation (Caltrans) is in the process of designing the extension of Route 210 from Interstate Route 15 eastward to the City of San Bernardino, passing through or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino. An Interchange to Route 210 at Pepper Avenue has been planned, but cannot be constructed unless Pepper Avenue is extended from its current terminus in Rialto north to the proposed Route 210 prior to, or concurrenijy with, Route 210 construction. The interchange will enhance traffic circulation throughout the region, therefore, the County and the cities of Rialto, Colton and San Bernardino desire to cooperate jointly to extend Pepper Avenue to the Route 210 extension. The MOU states that funding would be shared equally, with each of the four agencies contributing 25%. The City of Rialto agrees to act as the lead agency to comply with alltenns specified in the SANBAG/Rialto agreement and establish a separate account to fund the extension. The County agrees to pay its share of the project, which shall not exceed $275,000, and to deposit $60,000 of this amount with the City of Rialto upon execution of the MOU to begin work on the project. The total estimated cost of the project is $1,066,000. The County's share is estimated at $266,500, and will not exceed 275,000. The City of Rialto plans to apply for funding under the Federal Surface Transportation Program (STP) Administered by San Bernardino Associated Governments (SANBAG). If the City is successful, the County's share of the required local match would be $60,000. Appropriations for the County's $60,000 deposit for the project is available in the FY 00/01 budget for the County Road Fund (SAA-TRA-TRA) and the estimated remaining $206,500 share of cost will be included in the FY 01/02 budget proposal for the same fund. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Reviewed as to Af1irmative Action Reviewed for Processing ~ ~ Vel: Agency Administrator/CAO Date /C-.J. y_a:;V> Date ., , , ' Date MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITY OF RIALTO, THE CITY OF COLTON, THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR THE EXTENSION OF PEPPER AVENUE TO STATE ROUTE 30 This Memorandum of Understanding ("MOU") shall constitute a legally binding contractual commitment and is made and entered into this 3brday of October, 2000, by and among the City of Rialto, a California municipal corporation, the City of Colton, a California municipal corporation, the City of San Bernardino, a California municipal corporation, and the County of San Bernardino, a political subdivision of the State of California, for the establishment and allocation of responsibilities for the acquisition of necessary right-of-way, and the design and construction of the Pepper Avenue extension to the proposed location of the State Route 30 Interchange, including the funding of such matters (hereinafter referred to as the "Project"). RECITALS '< WHEREAS, the California Department of Transportation ("Cal- Trans") is in the process of designing the extension of Route 30 from Interstate Route 15 eastward to the City of San Bernardino, passing through or near the cities of Rialto and Colton, and unincorporated areas of the County of San Bernardino; and WHEREAS, the Route 30 Final Environmental Impact Report/Environmental Impact Statement and the Cal- Trans Policy and Procedures require that local access and circulation improvements be in place prior to, or concurrently with, the construction of freeway separation structures; and WHEREAS, the existing termination of Pepper Avenue within the City of Rialto does not satisfy the requirements that warrant a freeway separation structure; and WHEREAS, each of the parties to this MOU are desirous that, when State Route 30 is extended, it include a freeway separation structure at its terminus with Pepper Avenue; and WHEREAS, Cal-Trans has provided the City of Rialto with a Cooperative Agreement (Contract No. 00-067, hereinafter referred to as the "Cooperative Agreement"), a copy of which is attached hereto as Exhibit "A," and incorporated herein by this reference as though set forth in full; and WHEREAS, Rialto is unable to unilaterally finance the requirements necessary for it to enter the Cooperative Agreement; and WHEREAS, the freeway separation structure will benefit each of the parties to this MOU, in approximately equal proportion; and WHEREAS, the parties to this MOU are therefore desirous of entering this MOD to express their contractual commitment to equally split the cost of compliance of the City of Rial to, as set forth in the Cooperative Agreement, whereby each party to this MOU will bear twenty-five percent (25%) 2 of all such costs. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions and promises contained hereinbelow, the parties do hereby agree as follows: Section 1: The scope of the project being financed pursuant to the Cooperative Agreement and this MOU includes the extension of Pepper Avenue from its existing terminus to State Route 30, to include four lanes with curb, gutter, pavement and drainage improvements. Section 2: The City of Rialto shall forthwith duly approve, execute and enter the Cooperative Agreement with Cal- Trans, and shall be the lead agency for all purposes of complying with the Cooperative Agreement, except as expressly set forth hereinbelow or by subsequent amendment to this MOU between the parties. The City ofRialto agrees to enter the Cooperative Agreement, and take all actions necessary on its part to comply with its terms, provided that the terms of this MOU are complied with by the remaining parties to this MOU, (The cities of Colton and San Bernardino, and the County of San Bernardino will sometimes be referred to herein as the "Remaining Parties.") Section 3: The City of Rial to shall forthwith establish a separate account within its funds of accounts, identified as the "Pepper Avenue Extension Account." Each of the parties agrees that all costs, expenses and liabilities of the Project, as specified in the Cooperative Agreement including without limitation the costs, expenses and liabilities associated with all reasonably necessary land 3 right-of-way acquisitions, environmental review and mitigation, design and construction engineering, utility relocation, relocation benefits to "displaced persons," public bidding, and construction (hereinafter referred to as the "Extension Costs") shall be paid out of the Pepper Avenue Extension Account. Such account shall be used for no other purpose unless agreed to in writing by representatives of all of the parties to this MOD. Section 4: The parties understand and agree that the preliminary cost estimates for the Project, to be incurred over the next four (4) fiscal years (concluding in fiscal year 2003/2004), are as follows: Right-of-way Acquisition Environmental Documents, Permits and Mitigation Road Design, Public Bidding and Construction Total $209,000.00 $220,000,00 $637,000,00 $1,066,000.00 The parties further understand and agree that the above cost estimates are estimates only, and that their agreement as contained in this MOU is to fund twenty-five percent (25%) each of the actual costs incurred in connection with the Project. Notwithstanding the foregoing, the City of Rialto agrees that the Extension Costs will not include costs associated with any service routinely provided by the City of Rialto in connection with developments of property within its jurisdictional boundaries, such that City of Rialto staff time will be provided without being counted as Extension Costs. Such City of Rialto services shall include all staff time involved in the management of the Project, the issuance of all permits, environmental review (not including preparation of such 4 documents), and the bidding of the Project publicly, The parties further understand and agree that the actual costs of the Project, not including the City of Rialto staff time referenced above, shall not exceed $1, I 00,000 without the written consent of the other parties. Each of the parties agrees that, upon the execution of this MOU and the City ofRialto's approval and execution of the Cooperative Agreement, each of the parties shall deposit $60,000.00 with the City of Rialto to be placed in the Pepper Avenue Extension Account. The City will thereupon commence environmental review and/or mitigation, right-of-way acquisition, and design engineering for the Project. As the Project proceeds, Rialto will provide status reports to the Remaining Parties, including scheduled expenditures of funds and requests for contribution of funds in reasonably adequate time to make such payments when due. Each of the parties agrees to contribute such funds as are necessary in order for it to bear 25% of the cost of the Project, without delaying the Project by nonpayment. All checks shall be payable to the City of Rialto and, when received by the City of Rialto, shall be deposited in the Pepper Avenue Extension Account. Notwithstanding the foregoing, the parties understand and agree that the City of Rial to is in the process of applying to the California State Department of Transportation for a grant, through SANBAG, from the State Transportation Project's Program ("STP Grant") for the Project which is the subject of this MOD. To the extent any STP Grant proceeds are received as a result of such application, the City of Rialto shall apply such proceeds to this Project which will reduce each parties' contribution equally. In the event that the STP Grant exceeds $860,000, then each of the parties shall be refunded 1/4 of such excess to account for the $60,000 payment made pursuant to this paragraph. 5 Section 5: Each of the parties agrees to indemnify and hold harmless the other parties, their officers, agents, employees and volunteers from any and all claims, actions, losses, damages and/or liability resulting from their own negligent acts or omissions, or that of their own officers, agents, employees and volunteers, which arise from their performance of their respective obligations under this MOU. Section 6: This MOU constitutes the entire agreement between the parties and supercedes any and all prior written or oral understandings, agreements or contracts by or among the parties, or any of them. This MOU may be amended only by another written MOD or agreement duly approved and executed by all of the parties hereto. Section 7: This MOD shall be interpreted in accordance with the Constitution and laws of the State of California, Section 8: In the event that any phrase, clause, provision, sentence, or paragraph of this MOU is declared by a court of competent jurisdiction to be void or otherwise unenforceable, then the parties mutually agree that they will exercise their good faith efforts to negotiate and enter another MOU consistent with the mutual intent expressed in this MOU. It is the intent of the parties hereto that any such phrase, clause, provision, sentence or paragraph shall be severable and, in the event declared void or otherwise unenforceable, the remaining phrases, clauses, provisions, sentences or paragraphs of this MOU shall remain in full force and effect. 6 WHEREFORE, the parties have executed this MOU effective the date first hereinabove written. APPROVED AS TO FORM: By:IUAA~ Robert A. Owen, City Attorney APPROVED AS TO FORM: By: City Attorney APPROVED AS TO FORM: ~ -Ie By: CITY OF COLTON By: CITY OF SAN BERNARDINO By: F-v~~ 7 COUNTY OF SAN BERNARDINO APPROVED AS TO FORM: BY8;,oD~ -11),1 OCT 3 1 2000 B~ G era 0 F:\WNUALTO\ClTY\AGREE\PcppcrAvc.MOU.new.wpd 8 . '. EXHIBIT "A" CONTRACT NO. 00-067 COOPERATIVE AGREEMENT BETWEEN SAN BERN~INO COUNTY TRANSPORTATION AUTHORTIY . AND THE CITY OFRIALTO PEPPER AVENUE EXTENSION TO STATE ROUTE 30 This Agreem~nt is made and entered into this 1~ day of March 2000 by and between the San Bernardino County Transportation Authority (hereinafter referred to as SANBAG) and the City of Rialto, a municipal corporation of the State of California (hereinafter referred to as CITY), for the establishment of responsibilities for the design, funding and construction of the Pepper Avenue extension to the proposed location of the State Route 30 interchange (hereinafter referred to as the PRO~. Witnesseth . . Whereas, the Route 30 Final Environmental Impact Report/Environmental Impact Statement and . the Caltrans Policy and Procedures require that local access and circulationirnprovements are in place prior to, or concurrently with, corlstruction of frreway separation structures; and Whereas; the existing tennination of Pepper Avenue' within the City of Rialto does not satisfy the . requirements that warrant a freeway separation structure; and Whereas, SANBAG is currently incorporating an undercrossing bridge structure at Pepper Avenue, with a full diamond interchange, as part of the State Route 30 Segment 10 design contract; and Whereas, the PROJECT will extend Pepper Avenue from the existing termination to connect with the Route 30 Freeway construction, thus satisfying the reqUirements that warrant a freeway separation structure; and ' Whereas, the purpose of this a.,areement is to define the PROJECT roles, responsibilities and commitments for both the CITY and SANBAG, and Whereas, both parties agree to the concept and purpose of the PROJECT. Therefore, both SANBAG and the CITY agree to the following: 1. SANBAG shall proceed with the geometric and structural design of the Pepper Avenue Bridge, and the interchange ramps until the .completion of the T}pe Selection approval by CALTRANSDivision of Structures, expected .date April 7, 2000. No additional work related to the brid~e or interchange design shallbe provided by SANBAG until the terms of ~oraph 2 are satisfied. .. . . . '". . . . .. . ... '4J~~7i~liV'...'.'../5'iti\~i~h~i~~i~~;t.?(;~;:,~~t%i~~' 2. The CITY shall seek to secure a funding commitment prior to July 2~, 2000 to proceed with all aspects of the PROmer as described in this agreement. If the' city is successful in securing a funding commitment for the PROJECI', SANBAG will proceed Viith the design and construction related to the 'Pepper Avenue bridge structure and interchange ramps. If the CITY cannot secure a funding commitment for this PROJECT by July 28, 2000, SANBAG shall remove the Pepper Avenue bridge structure and interchange ramps from the State Route 30, Segment 10 design plans. Additionally, if the city cannot secure a funding commitment by July 28, 2000, CALTRANS will not proceed with right-of-way acquisitions and environmental mitigation for the interchange ramps. Should the CITY prove successful in secUring a funding commitment, the CITY shall, prior to finalization, secure SANBAG review and approval of the design and construction estimates for the PROJECT. Additionally, the CITY commits that if, for any reason, the . PROJECT cannot be completed as required after a funding commitment has been secured, . they will reimburse SANBAG and CALTRANS for one of the following two options: (a) Bridge Removal - The CITY shall reimburse SANBAG for alltlje design costs for the bridge and ramps, from Type Selection until the bridge is removed from the plans, and the redesign costs to remove the bridge and ramps from the plans. The CITY shall reimburse CALTRANS for the right-of-way costs and the environmental mitigation costs incurred for the interchange xamps. . The total cOst of this item will vary depending on when the'decision is made to remove the bridge. . . (b) Bridge Remains - The CITY is.responsible for funding the entire construction cost associated with the Pepper A ven1,1e Bridge. . The construction cost of the Pepper Avenue Bridge structure is estimated as $1,560,000 in the Supplemental Project Report for Segment lO; however, the actual construction cost for the bridge will be detennined by the lowest bidding contraclor. 3. The CITY 'shall obtain, at the CITY's' expense, all of the necessary environmental clearances for construction of the PROJECT. 4. The CITY shall provide all plans, specifications, and estimates for all improvements required for the PROJECT. 5. The CITY will advertise, award, and administer the construction of the PROJECT. The CITY will provide the staff needed to manage the PROJECT. The CITY will also provide, at the CITY's expense, inspection as required for the PROJECT. 6. The CITY shall provide all necessary services' and personnel to acquire the right of way (including any temporary construction easements) for the PROJECI'. The CITY shall furnish all right of way costs for the PROJECT at the CITY's expense. 7. The CITY sJlall coordinate, at the CITY's expense; the relocation of any utilities necessary for the PRQJECr: ' . . . ",~~,,"'.:; ....f,:~:.;:;\::~./".. ;~:';~.<:: ":: .... '. O:/aOOO6?doc . '. . '," .' '.. .', . - . JN0026~ ~.o:":~:'?"-~>~.:'~,,: .?' ...:.... ~ :. _ COOPERA1l\IE AGREEMENT NO. ~1 ;:~~~>:~':-n~%t~!~{r~{f~i~~~f~~y;rW"-'<'" - .,.., .: .-'..- '.:? .':;;Y~~J:~~f~;;}i(_"::': 8. The CITY shall obtain, at the CITY's expense, all perrirlts needed for ihe PROJECT. 9. The construction contract will be by and between the CITY and the successful low bidder for the PROmer. 10. Upon completion of work under this agreement, SANBAG will assume maintenance and the expense thereof for any part of the PROJECT located within STATE right of way until acceptance of any such part of the PROJECI' by the ST A!E. , 11. In the construction of the PROJECI', SANBAG may, at no cost to the CITY, furnish a representative, if it so desires for the ,areas that relate to' the bridge and interchange construction. 'Said representatives and the CITY's Engineer will cooperate and consult with each 'other, but the decisions of the CITY's Engineer shall prevail as final, binding and conclusive in all matters concerning the PROJECT. 12. Amendments to this agreement may be incorporated to this Agreement as mutually agreed to in writing by both the CITY and SANBAG. 13. Neither SANBAG nor any officer or employee thereof is responsible for any damage or liability occuriing by reasons of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement. It is understood and agreed fuat, pursuant to Government Code Section .895.4, the CITY shall fully defend, indemnify and save harmless SANBAG, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on accOunt of injury (as defined in Government Code Section 810.8) occurring by rea,sons of anything done or omitted to be done by the CITY under or in connection wifu any work, aufuority or jurisdiction delegated to the CITY under this Agreement 14, Neifuer the CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by SANBAG under or in connection wifu any work, authority or jurisdiction delegated to SANBAG under this Agreement. It is understood and agreed fuat, pursuant to Government Code Section 895.4, SANBAG shall fully defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on aCcount of injury (as defined in Government Code Section 810.8) occurring by reasons of anything done or omitted to be done by SANBAG under or in connection wifu any work, aufuority of jurisdiction delegated to SANBAG under this Agreement. . O:i.00067.doc' ," ~.'.".'. : ;.t":-:.<.::;:-: IN-'8 "," .'<:':-~':',:,"~:/:'. ~.. '" " .,'". .' ,"," , ", COOPERA11VEAGREEMarr,NO,'QG.06?,; ,: ' - -'~'~:'-'" ~ :,,' '(.S:f';;-:J;;~f~'~:~~f.~r~ :.." " ",',' . -,' . ", \~~"ei;:pigtj6(4':t>:" - '.~:; ,. :_'~~Y::; .~. ..;:,:,,-,~/,~-'~ri?.~;:'::,:::. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Date: Robert Christman President SANBAG Board of Directors . APPROVED AS TO FORM AND PROCEDURE: By: . Date: Rex A. Hinesley County Counsel . 0:1.00067,doc . . IN 00261 . . . COOPERATIVE AOREEMENT NO, 00.067 . - .... . -",j..',..:-..... CITY OFRIALTO AL By: Date: iRATI N A'ITEST: By: Date: City Clerk ;\.PPROVED AS TO LEGAL FORM: By: City Attorney Date: .' . ' ... .>:~age,:4:!>I.i,.~::f:~{: .- .:.... ;,-. " ..' ; '.'" City of Rialt(Je) California 'OJ rEf] 16 PiZ., Office oflh. City Clerk February 13,2001 San Bernardino City Clerk's Office Rachel G. Clark, City Clerk P.O. Box 1318 San Bernardino, CA 92402 RE: MEMORANDUM OF UNDERSTANDINGIPEPPER A VENUE EXTENSION Enclosed please find one (1) signed original of a Memorandum of Understanding (MOU) between the County and the cities of Rialto, Colton and San Bernardino. If you should have any questions, please feel free to call me at (909) 820-2519. ~'~M" {1 ;Vl" J~ Barbara A. McGee, CMC City Clerk 150 South Palm Avenue, Rialto, California 92376 . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM To: Fred Wilson, City Administrator ~ ~RA<- From: Raymond Casey, City Engineer, Development Services Department Subject: Pepper Avenue Date: January 18, 2001 Copies: William Woolard;-Interim Director Pursuant to your request 1 am providing this update regarding the status of the Pepper Avenue (and collaterally State Street) STP applications for funding. Both projects were recommended for funding by SANBAG staff to the "Plans and Programs Policy Committee" at their meeting yesterday. Despite challenges from other agency representatives the committee upheld staffs recommendation and forwarded it on to the Board of Directors, which is scheduled to meet on February 7, 2001. Although I would anticipate the possibility of a similar challenge at the Board meeting and prepare for it as we have discussed, it is very unusual for the Board to overturn a Plans and Programs recommendation. As you are aware these projects are also relatively close in proximity and serve similar functions in that they will ultimately provide arterial connections between Route 210 and Interstate 10. Consequently, it was an "uphill battle" from the beginning to expect that both projects would be funded in this rather small call for projects. In all, there were 28 applications for funding made with a total STP request of $65.3M while the total funding available was only about $12M. Therefore it was believed to be critical that the agencies involved with each project support the other during the approval process. Should you need additional information, please let me know. attachment I It 'Iv/a / . _~ <-.', ^1! ~ tu;: -.-;;.;r------.. R~h.~ .'!',klf:OC S~cy .;4L;,;d...~iii..; ~Ji :,r 11 !-~~~[gDW[g@an Bernardino Associated Governments U JAN 1 j ZOG1 SAN BAG AGENDA CITY OF SAN BERNARDINO DEVELOPMrrn SERVICES DEPARTMENT Plans and Programs Policy Committee Meeting January 17,2001,12:30 p.m. (please note change in meeting time) Location SANBAG Office, 472 N. Arrowhead Avenue, San Bernardino, California Plans and Programs Policy Committee Membership East Valin ReortSentatlves Pat Gilbreath. Mayor City of Redlantls Richard Riddell. Mayor City of Yucaipa West Valin ReortSentatlves Eunice Ulloa. Mayor City of Chino David R. Eshleman, Mayor City of Fontana Paul Eaton. Mayor City of Montc/air QHiI. Mark Shoup. Council Member Town of Apple Valley Vice-Chair Judith Valles. Mayor City of San Bernardino MountalnIDtSert ReortSentatlves James Lindley. Mayor City of Hesperia Paul Cook, Council Member Town of Yucca Valley San Bernardino Countv Bill Postmus. Supervisor Jon D, Milrels. Supervisor Dennis Hansberger. Supervisor Fred Aguiar. Supervisor Jerry Eaves. Supervisor 472 North Arrowhead Avenue, San Bernardino, CA 92401 Phone: (909) 884-8276 Fax: (909) 885-4407 Website Address: http://www.sanba2.ca.l!Ov 4. Valley TEA-21 Surface Transportation Program (STP) pg. 12 Call for Projects 1. Allocate $10,281,905 in federal STP funds to the following projects in the Valley Region: Cedar Ave Widening PSE (5 to 7 Lanes)- $ 885,300 Slover to Valley, SB County 5th St Widening (2 to 4 Lanes) $ 870,605 - SRJO to Boulder Ave, Highland Sierra Ave Widening (2 to 6 Lanes)- $3,900,000 Highland to Baseline and Baseline Ave Widening (2 to 6 Lanes) - Beech to Maple, Fontana Main St and Iowa Ave Intersection $ 250,000 Impmvernents, Colton Pepper A v Extension (0 to 4 Lanes) - $ 826,000 North Tenninus to Rte 210, Rialto Foothill Blvd Widening (4 to 6 Lanes)- $1,800,000 East to Cherry, Fontana Foothill Blvd Widening (4 to 6 Lanes)- $1,400,000 Ch~rry to Hemlock, Fontana Jumpa Ave and Mulberry Ave Intersection $ 350,000 Improvements, Fontana 2, Because the Fiscal Year 2000/01 STP appropriation was in excess of the forecasted amount, increase the value of the Call for Projects from $12,000,000 to $12,286,905 to fully fund the next ranked project: State St Extension (0 to 2 Lanes)- 5110 St to 16110 St, San Bernardino $2,005,000 Ty Schuiling. 3 Notes/Actions City of Rialto CALIFORNIA Ollice of the City Clerk November 17,2000 City of San Bernardino Fred Wilson, City Administrator 300 North D Street San Bernardino, CA 92402 RE: EXTENSION OF PEPPER AVENUE TO STATE ROUTE 210 Please obtain signatures for the seven (7) original Memorandums of Understanding (MOU) between the County and the cities of Rial to, Colton and San Bernardino and return to the Rialto City Clerk's Office as soon as possible. Mail to: Rialto City Clerk's Office Barbara A. McGee, CMC 150 South Palm Ave. Rialto, CA 92376 After final execution, an original MOU and a certified copy of the County Resolution approving the item will be sent to you. If you should have any questions, please feel free to call me at (909) 820-2519, Thank you for your prompt attention to this matter. Si~,jelY, fJa'J &d/I t<- 0 Ii! e ;J~ Ic_ fc\ , " '-, ",? Barbara A. McGee, CMC City Clerk r I ,\ 1,1 , 1 NOV 2 0 "'1nfl L\.;v~; I ,....._ __ .___...___J C:;,' of :-;<11; f:,:_;iIU_~d::liJ ! ',".\.:,;;,:,;t: 150 SOUTH PALM AVENUE, RIALTO, CALIFORNIA 92376 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 1- z.z.-O \ Item # :J.L\ Resolution # Vote: Ayes (-'l Nays.e Abstain 0- Change to motion to amend original documents: 1COl- ~A Absent --er Reso. # On Attachments: ~ Contract term: - NullNoid After: -- Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W ICOUNTY Date: See Attached: =- Date Sent to 'h~ 1- ,;J 4,-0 \ (12.es:o Onl'1 ) Date of Mayor's Signature: 1- ~ (., -0 I Date ofClerklCDC Signature: h~ (c--D \ Reso. Log Updated: Seal Impressed: ,/ V Date MemolLetter Sent for Signature: ,- [), II, -0 \ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ./ Date Returned: See Attached: See Attached: L-'2.~-O\ Request for Council Action & Staff Report Attached: Yes L Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By No.L By No -L By Nov By No 7 By Copies Distributed to: City Attorney ./ Parks & Rec. Code Compliance Dev. Services L EDA Finance MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO TIlE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: I'l'I" Date: '2.- '2.~ -ell