MEMORANDUM OF UNDERSTANDING FOR THE SAN PABLO AVENUE BRIDGE PROJECT THIS AGREEMENT is made and entered into this ____ day of ______________, 2022, by and between the City of Pinole, hereinafter called “PINOLE”, and the City of Hercules, hereinafter called “HERCULES” (individually referred to as “Party” or collectively as “Parties”).
RECITALS:
WHEREAS, PINOLE and HERCULES recognize the need for the replacement of the San Pablo Avenue Bridge, located in PINOLE, adjacent to the border of PINOLE and HERCULES, with a project to effectuate such replacement hereinafter referred to as “the Project;” and WHEREAS, two bridge design alternatives have been considered, and the design alternative that maintains the existing alignment of the bridge and constructs a temporary bridge for detour traffic during construction is the preferred alternative; and WHEREAS, HERCULES supports the preferred alternative; and WHEREAS, the southern approach roadway and the bridge structure is located in PINOLE, and the northern approach roadway is located in HERCULES; and WHEREAS, the Project will be mutually beneficial to PINOLE and HERCULES; and, WHEREAS, PINOLE is the sponsor of the Project and is responsible for securing funding for all phases of the Project; and WHEREAS, it is anticipated that certain approvals and actions will be required by HERCULES to facilitate the Project, including but not limited to an encroachment permit to construct the northern bridge approach, utility relocation, and the temporary bridge that lies within HERCULES.
NOW, THEREFORE, it is mutually agreed as follows:
The Project shall be performed and administered by PINOLE under a single construction contract, and HERCULES shall not make direct financial contributions to fund any phase of the Project.
Upon completion of the Project, PINOLE will continue to maintain the bridge structure and roadway that lie within the boundaries of PINOLE.
HERCULES agrees to issue PINOLE and its contractors the necessary approvals to perform site investigation, project development, and construction activities for the Project within the jurisdictional boundaries of HERCULES as requested by PINOLE and in a reasonable amount of time.
Temporary construction easements for the temporary detour during construction of the new bridge are anticipated. The R/W acquisition process will follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) as required with oversight from Caltrans and the Federal Highway Administration (FHWA). The Uniform Act ensures that owners of real property to be acquired for Federal and federally-assisted projects are treated fairly and consistently and encourages and expedites acquisition by agreements with such owners.
The Project shall comply with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) which includes identifying environmental impacts and associated mitigation measure as appropriate. PINOLE will serve as the Project Lead Agency with HERCULES serving as a responsible agency for the CEQA process while Caltrans has been assigned NEPA authority by the Federal Highway Administration (FHWA).
PINOLE agrees to indemnify, save, hold harmless, and at HERCULES request, defend HERCULES, its officers, agents and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of PINOLE, its officers, agents and employees, under this Agreement; provided that nothing herein shall constitute a waiver by PINOLE of governmental immunity available under or pursuant to Government Code Section 810 et seq. This section shall survive expiration or termination of this agreement.
Neither Party shall assign, transfer or sub-contract this Agreement nor any of its respective rights or duties hereunder without the written consent of the other Party.
This Agreement shall become effective upon execution by the Parties hereto and shall remain in effect until such time as construction of the Project has been completed and accepted by all Parties hereto and any associated claims have been settled or otherwise fully and finally resolved.
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
Each Party acknowledges that it has read and fully understands the content of this Agreement. This Agreement represents the entire and integrated Agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument executed by duly authorized representatives of both PINOLE and HERCULES.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first set forth above.
CITY OF PINOLE CITY OF HERCULES
By:___________________________ By:___________________________ [NAME] [NAME]
[TITLE] [TITLE]
APPROVED AS TO FORM APPROVED AS TO FORM
CITY OF PINOLE CITY OF HERCULES
LEGAL COUNSEL LEGAL COUNSEL
By:___________________________ By:___________________________ [NAME] [NAME]
[TITLE] [TITLE]
DATE:_________________________ DATE: _______________________
REVIEWED AND RECOMMENDED
FOR APPROVAL
By:____________________________
Sanjay Mishra, Director
Pinole Department of Public Works
REVIEWED AND RECOMMENDED
FOR APPROVAL
By:____________________________
Mike Roberts, Director
Hercules Department of Public Works