AR 111610 Agreement with San Bernardino Associated Governments

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Cooperative Agreement for Engineering Design and Environmental Compliance Phase of the Laurel Street Grade Separation Project in Colton, California COOPERATIVE AGREEMENT C11084 FOR ENGINEERING DESIGN AND ENVIRONMENTAL COMPLIANCE PHASE OF LAUREL STREET GRADE SEPARATION PROJECT This AGREEMENT REGARDING ENGINEERING DESIGN FOR THE LAUREL STREET GRADE SEPARATION PROJECT ("Agreement") is effective this day of 2010, by and between CITY OF COLTON, a public body, corporate and politic ("CITY") and SAN BERNARDINO ASSOCIATED GOVERNMENTS, a joint powers agency ("SANBAG") (SANBAG, and CITY are referred to individually as "Party" and collectively as "Parties"). RECITALS A. The intersection of the Union Pacific Railroad ("UPRR") rail line and the BNSF Railway Company (`BNSF") rail line immediately south of Interstate 10, east of South Rancho Avenue and west of South La Cadena Drive in the City of Colton, is generally referred to as the Colton Crossing (the "Colton Crossing"). The Parties are preparing to design a project to grade - separate the Colton Crossing to improve freight and passenger rail mobility and efficiency by eliminating conflicting train movements (the "Colton Crossing Project"). B. Residents adjacent and near to the rail lines in the general vicinity of the Colton Crossing, specifically those adjacent to the BNSF rail line north of I-10, are seeking relief from railroad train horn noise. C. The local traffic circulation for the CITY is affected by the numerous trains passing through at -grade crossings within the CITY's limits. D. In relation to but separate from the Colton Crossing Project, UPRR, SANBAG, BNSF, and the CITY entered into a Memorandum of Understanding ("MOU"), dated May 4, 2010, for a series of projects that the CITY believes are needed to address the noise and circulation issues described in Recitals B and C above. E. One of the projects identified in Recital D of the MOU is the Laurel Street Grade Separation Project, which consists of constructing a grade separation (undercrossing) between the BNSF rail line and Laurel Street, as depicted on Exhibit "A" attached hereto and incorporated herein by this reference, or as otherwise defined in the "Definitions" section of this Agreement, a collector arterial roadway under the jurisdiction of the CITY (the "Project"). The Project is divided into an Engineering Design and Environmental Compliance Phase ("Engineering/Environmental Phase"), Right -of -Way Phase ("Right -of -Way Phase") and a Construction Phase ("Construction Phase"). Total Project Costs, as described in the MOU, include, among other things, the costs associated with all phases of this Project. .. F. CITY and SANBAG shall fund their percentage shares of the Engineering/Environmental Phase pursuant to the Total Project Costs contributions described in Section 6(a) of the MOU (including a reduction in CITY's share by the amount of UPRR's share). C11084 1 of 10 23152.06163\5582260.3