HomeMy WebLinkAbout2004-2921 RESOLUTION NO. 2004-292
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE CITY OF COLTON FOR A HIKE -AND -BIKE TRAIL,
BEAUTIFICATION AND PURPOSES INCIDENTAL THERETO ON UNION PACIFIC
5 RAILROAD COMPANY PROPERTY ALONG INLAND CENTER DRIVE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City, a cooperative agreement with the City of Colton for
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a hike -and -bike trail, beautification and purposes incidental thereto on Union Pacific Railroad
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12 Company Property along Inland Center Drive. A copy of said cooperative agreement is
13 attached as Attachment "A" and made a part hereof.
14 SECTION 2. The authorization to execute the above -referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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2004-292
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RESOLUTION... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF COLTON FOR A
HIKE -AND -BIKE TRAIL, BEAUTIFICATION AND PURPOSES INCIDENTAL
THERETO ON UNION PACIFIC RAILROAD COMPANY PROPERTY ALONG
INLAND CENTER DRIVE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at ait. reg. meeting thereof, held on
the loth day of September 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MC GINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
1
City Clerk
The foregoing resolution is hereby approved this day of September, 2004.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
2-
of San Bernardino
2004-292
ATTACHMENT "A"
COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION APPROVED BY
OF BIKEWAY TRAIL IMROVEMENTS (PROJECT) ON CITY C U C
COLTON AVENUE (VALLEY VIEW BLVD/ `G' STREET) Date IU U
1. PARTIES AND DATE.
This Cooperative Agreement ("Agreement") is made and entered into this 20th day of
September , 2004, by and among the City of Colton, a municipal corporation organized
under the laws of the State of California with its principal address located at 650 North La
Cadena Drive, Colton, California 92324 ("COLTON") and the City of San Bernardino, a
municipal corporation organized under the laws of the State of California with its principal
address located at 300 N `D' Street, San Bernardino, California 92418 ("SAN BERNARDINO").
COLTON and SAN BERNARDINO are sometimes referred to individually as "party" and
collectively as "parties" herein.
2. RECITALS.
2.1 The Cities of COLTON and SAN BERNARDINO desire to participate in
design and construction of a Bikeway along Colton Avenue (Inland Center Drive in SAN
BERNARDINO) between Valley Boulevard in COLTON and `G' Street in SAN
BERNARDINO.
2.2 Union Pacific Railroad Right of way, on which the PROJECT is proposed,
exists along Colton Avenue within COLTON and along Inland Center Drive within SAN
BERNARDINO.
2.3 With the support of SAN BERNARDINO, COLTON applied for and
secured TEA-21 and CMAQ funds to finance PROJECT improvements.
NOW, THEREFORE, the parties agree as follows:
3. TERMS.
3.1 - COLTON AGREES:
3.1.1. To be the lead agency for obtaining approval of the TEA-21 and CMAQ
funds for design, advertising, awarding and administering the construction contract of
PROJECT.
3.1.2. To prepare and obtain environmental clearance for PROJECT and file
appropriate Notice of Determination of PROJECT upon completion of environmental clearance.
3.1.3. To obtain or cause to be obtained right of way required for PROJECT.
3.1.4. To provide or cause to be provided construction and construction
engineering services to construct PROJECT pursuant to COLTON and SAN BERNARDINO
policies and procedures.
RVPUB/NGS/662968
2004-292
ATTACHMENT "A"
3.1.5. To submit to the City Engineer of SAN BERNARDINO, for plan check
and approval, all plans, specifications and construction estimates for the portion of the PROJECT
within the City limits of SAN BERNARDINO.
3.1.6. To advertise and solicit bids for the PROJECT in accordance with State
and local laws and to provide copies of all PROJECT bids documents to SAN BERNARDINO.
3.1.7. To provide SAN BERNARDINO proof of Liability Insurance for
COLTON's Contractors covering injury or damage to person or property arising out of work for
which legal liability may be found to rest upon COLTON Contractor in a minimum amount of
$1,000.000 and naming SAN BERNARDINO as additional insured on the policy.
3.1.8. To obtain "no fee" Public Works Construction Permit from the City
Engineer of SAN BERNARDINO prior to start of any construction within the City limits of
SAN BERNARDINO.
3.1.9. To permit inspection of the portion of the work within the City limits of
SAN BERNARDINO by the City Engineer of SAN BERNARDINO, or his duly appointed
representative, during all phases of the PROJECT within SAN BERNARDINO.
3.1.10 In determining project costs, to keep accurate records and accounts
relating to PROJECT regarding contract costs, hours worked, equipment and supplies used,
mileage and similar matters, which records shall be open for review by SAN BERNARDINO
during regular business hours, and retained for audit for a period of three (3) years from the date
of final payment.
3.1.11 To obtain or cause to be obtained any and all necessary permits for the
PROJECT and ensure that any and all utility facilities and appurtenances or structures that are
necessary for the construction of the PROJECT are properly removed or relocated, as may be
necessary.
3.1.12 To be responsible for all maintenance and repair of PROJECT, within
COLTON, upon PROJECT completion.
3.1.13 To pay the total of $124,333 for its portion of the PROJECT, in accordance
with the Cost Breakdown and Sharing of Project information contained in Exhibit "A," attached
hereto and incorporated herein by reference.
3.1.14 To indemnify, defend, and hold harmless SAN BERNARDINO and their
agents, officers and employees from and against all liability, expenses and claim for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or
personal damages arising from or connected to COLTON's operation or its performance under
this Agreement.
3.2 SAN BERNARDINO AGREES:
3.2.1. SAN BERNARDINO shall review and comment on the design plans,
specifications and estimate prior to advertising for bids for the construction of the PROJECT.
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2004-292
ATTACHMENT "A"
3.2.2. SAN BERNARDINO shall reimburse COLTON for the matching funds
required for the PROJECT, in an amount not to exceed $25,000, in accordance with the Cost
Breakdown and Sharing of Project information contained in Exhibit "A," attached hereto and
incorporated herein by reference.
3.2.3 To indemnify, defend, and hold harmless COLTON and their agents,
officers and employees from and against all liability, expenses and claim for damages of any
nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or personal
damages arising from or connected to SAN BERNARDINO operation or its performance under
this Agreement.
3.4 IT IS MUTUALLY AGREED AS FOLLOWS:
3.3.1. COLTON shall require coordination with SAN BERNARDINO City
Engineer to ensure needed traffic control during construction of the PROJECT.
3.3.2. COLTON shall require that any and all contractors on the PROJECT enter
into a written agreement with COLTON to ensure sufficient coverage of liability insurance.
3.3.3. Ownership and title to all materials, equipment, and appurtenances
installed as part of this agreement will automatically be vested with the jurisdiction for which the
improvements reside and no further agreement will be necessary to transfer ownership.
3.3.4. COLTON, and SAN BERNARDINO shall each defend, indemnify and
hold the other party and its officials, officers, employees, consultants, subcontractors, volunteers
and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, to the extent arising out or incident to any negligent acts, omissions or willful
misconduct of the indemnifying party or its officials, officers, employees, consultants,
subcontractors, volunteers and agents arising out of or in connection with the performance of this
Agreement, including without limitation, the payment of all consequential damages and
attorneys fees and other related costs and expenses.
3.3.5. This agreement may be executed in one or more counterparts and when a
counterpart shall have been signed by each party hereto, each shall be deemed an original, but all
of which constitute one and the same instrument.
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2004-292
ATTACHMENT"A"
3.5 NOTICES: All notices required shall be sent by regular mail, postage prepaid,
and addressed as follows:
CITY OF COLTON
Public Services Department
655 North La Cadena Drive
Colton, CA 92324
Attention: Amer Jakher, City Engineer
CITY OF SAN BERNARDINO
300 North `D' Street
San Bernardino, CA 92418
Attention: James Funk, Director of Development Services
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I
2004-292
ATTACHMENT "A"
COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION
OF BIKEWAY TRAIL IMROVEMENTS (PROJECT) ON
COLTON AVENUE (VALLEY VIEW BLVD/ `G' STREET)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their authorized representatives on the date first written above.
CITY OF COLTON
Dated: //; /j,
I�
City Manager
ATTEST:
Carolina P. Barrera, City Clerk
APPROVED AS TO FORM:
By: Mfg= A -
Best t
st & Kriegel LLP, Ci y Attorney
CITY OF SAN BERNARDINO
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By: Va C CGc_
in t alles, Mayor
ATTE&J�I ,' 1
By: kl 1, gypDAB
Rachael Clark, City Clerk
b�Sd a/►�i��%h.�clw�ai p���
APPROVED AS TO FORM:
V v-y.,i`
Penman, City Attorney
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2004-292
EXHIBIT "A"
BIKEWAY PROJECT
COLTON AVENUE (VALLEY VIEW BLVDI `G' STREET)
COST BREAKDOWN AND SHARING OF PROJECT
City of Colton
City of San Bernardino
Item DescriptionF;$5,000
San Bernardino
Funds
Totals
TEA/CMAQ
Design/Engineering0
NA
$46,500
$68,500
Environmental
NA
NA
$5 000
ROW
Acquisition
NA
$20,000
$20,000Site
Construction&
$97,333
$5,000
$1,106,057
$1,2 88,390
Construction
Engineering
Total
$124,333
$25,000
$1,152,557
$1,301,890
RVPUB/NGS/662968