HomeMy WebLinkAbout2002-237
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RESOLUTION NO. 2002-237
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF COLTON FOR A TRAFFIC SIGNAL AT HUNTS
LANE AND COOLEY LANE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a cooperative agreement with the City of Colton for
construction and maintenance of a traffic signal at the intersection of Hunts Lane and Cooley
Lane. A copy of said cooperative agreement is attached as Attachment "A" and made a part
hereof.
13 SECITON 2. The authorization to execute the above referenced agreement is
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
III
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2002-237
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RESOLUTION...AUTHORIZING THE EXECUTION OF A COOPERATIVE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF
COLTON FOR A TRAFFIC SIGNAL AT HUNTS LANE AND COOLEY LANE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j t. reg.
meeting thereof, held on
the 15th day of July
, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
8 ESTRADA
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x
LIEN
x
MC GINNIS
x
DERRY
x
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2002.
20
SUAREZ
x
ANDERSON
x
MC CAMMACK
x
~ (lnOUlIl, fl{-rdltJa); geputiy
City Clerk (J
The foregoing resolution is hereby approved this 1'7 "f1r
day of _Julv
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Approved as to
form and legal content:
25 JAMES F. PENMAN,
26 City Attorney
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Attachment A
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
AGREEMENT No. AG-013050702
TO
CONSTRUCT AND MAINTAIN TRAFFIC SIGNAL
Between
THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO
THIS AGREEMENT is entered into this 22nd day of May. 2002, by and between the CITY OF
SAN BERNARDINO, a political subdivision of the State of California, herein referred to as "SAN
BERNARDINO", and the CITY OF COLTON, as a public agency organized under the laws of the
State of California, herein referred to as "COLTON."
WHEREAS, COLTON desires to effect, at no cost to SAN BERNARDINO, the installation of
traffic signals at the T -intersection of Hunts Lane & Cooley Lane, hereinafter referred to as
"PROJECT", partially located on property owned by SAN BERNARDINO, and
WHEREAS, COLTON desires to construct, operate, and maintain said PROJECT, including that
particular portion of which is located west of the centerline of Hunts Lane in existing street
improvements of curb, gutter and sidewalk, within SAN BERNARDINO lands, said portion
hereinafter referred to as "RIGHT-OF-WAY", said "RIGHT-OF-WAY" is shown on the
attached plat marked "EXHIBIT A"; and
NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS:
SAN BERNARDINO hereby consents to the construction, operation, and maiutenance of the
RIGHT-OF-WAY, at no expense to SAN BERNARDINO, and to allow COLTON to occupy, use
and maintain said RIGHT-OF-WAY; provided, however, that no use, occupancy, construction,
reconstruction or maintenance shall be effected by COLTON, its successors or assigns, in any
manner which, in the opinion of the City Engineer of SAN BERNARDINO, may interfere or
conflict with any structures, facilities, operation, or uses which SAN BERNARDINO has or
intends to have upon said lands, without first submitting plans for such use and/or occupancy to
SAN BERNARDINO'S City Eugiueer at least thirty (30) days prior to the date of such intended
use or occupancy and obtaining his written approval thereof, which approval shall not be withheld
if, in the opinion of said City Engineer, the proposal does not interfere or conflict with SAN
BERNARDINO'S use or operations of its facilities located within the RIGHT-OF-WAY.
COLTON'S contractor, chosen via public bidding process, shall be charged with conformance to
the provisions and conditions of this Agreement throughout PROJECT construction. Upon
completion of said PROJECT, contractor shall deliver to COLTON and to SAN BERNARDINO
the approved, functional PROJECT.
SAN BERNARDINO agrees to process all permits requested by COLTON which are needed to
construct, operate, and maintain the PROJECT, both in total and specifically the RIGHT-OF-
WAY, and which are properly applied for as provided herein subject to the provisions and
conditions ofthis Agreement.
1. COLTON agrees to submit PROJECT Plans to SAN BERNARDINO'S City Engineer
who shall, upon review and approval of said plans, indicate said approval by signing the
original PROJECT Plans.
2. SAN BERNARDINO agrees to process all permits requested by COLTON which are
needed to construct, operate, and maintain the RIGHT-OF-WAY and which are properly
applied for as provided herein subject to the provisions and conditions of this Agreement.
3. COLTON agrees to submit to SAN BERNARDINO at least thirty (30) days in advance,
plans which may endanger, interfere or conflict with SAN BERNARDINO'S facilities or its
functional operation, and to obtain written approval of said plans from SAN
BERNARDINO.
4. COLTON agrees to accept full responsibility for the maintenance and/or operation of and
liability for all PROJECT works it constructs, operates or rnaintains within the PROJECT
and the RIGHT-OF-WAY.
5. COLTON, its successors and assigns, agree to accept full responsibility for the
construction, operation and maintenance of and liability for the PROJECT within and
without the limits of the RIGHT-OF-WAY.
6. COLTON agrees to submit to SAN BERNARDINO a written notice of each instance of
routine rnaintenance or minor repair work within the RIGHT-OF-WAY, the nature of
which may logistically prevent a larger lead-time, at least seventy-two (72) hours before the
work commences.
7. SAN BERNARDINO acknowledges COLTON'S right to the RIGHT-OF-WAY. Except
in emergencies, SAN BERNARDINO shall give reasonable notice to COLTON before
performing any work on COLTON'S PROJECT in said RIGHT-OF-WAY, where such
work will be performed within the RIGHT-OF-WAY or on adjacent street improvements,
should any of which work in any way alter or obstruct the use of the PROJECT.
8. COLTON agrees to:
INDEMNIFICA nON - COLTON agrees to defend, indemnify and hold harrnless the city
of SAN BERNARDINO and its authorized officers, employees, agents and volunteers from
any and all claims, action, losses, damages, and/or liability incurred by SAN
BERNARDINO for any act or omission of the city of COLTON or any of its authorized
officers, employees, agents or volunteers arising out of COLTON'S work in, or its use or
maintenance of the RIGHT-OF-WAY.
INSURANCE - Without in any way affecting the indemnity herein provided and in
addition thereto, COLTON shall secure and maintain throughout the term of this
Agreement, and shall cause any contractor performing work to secure and maintain
throughout the term of its contract with COLTON, the following types of insurance with
limits as shown:
Workers' Compensation - A program of Worker's Cornpensation Insurance or a state-
approved self-insurance program in an amount and form to meet all applicable
requirements of the Labor Code of the State of California, including Employer's
Liability, with two hundred fifty thousand dollar ($250,000.00) limits covering all
persons providing services on behalf of COLTON and all risks to such persons under
this Agreement.
Comprehensive General and Automobile Liability Insurance ~ The coverage to
include contractual coverage and automobile liability coverage for owned, hired and
non-owned vehicles. The policy shall have combined single coverage limits for bodily
injury and property damage of not less than one million dollars ($1,000,000.00) and
property damages in the sum of two hundred fifty thousand dollars ($250,000.00)
resulting from anyone accident which may arise frorn the operations of COLTON in
performing the work provided for herein.
Public Liability and Property Damage Insurance - COLTON shall maintain, and
shall cause any contractor performing any work for COLTON throughout the course of
the work until completion, Insurance against personal injury or property damage clairns
which may arise from operations, whether by the Insured or by any person dircctly or
indirectly employed by him. In addition, the Insurance shall name SAN
BERNARDINO, its City Engineer, and its officers, agents and ernployees as "additional
insured" under the policies by specific endorsement.
Minimum Liability and Property Damage Insurance shall not be less than one
million dollars ($1,000,000.00) for all damages and/or destruction of property in anyone
occurrence, and not less than one million dollars ($1,000,000.00) for all damages and/or
destruction of property during the policy period.
Additional Named Insured - All policies, except for the Workers' Compensation, Errors and
Omissions and Professional Liability policies shall contain additional endorsements naming
SAN BERNARDINO and its officers, employees, agents and volunteers as additional
named insureds with respect to liabilities arising out of the performance of services
hereunder.
Waiver of Subrogation Rights - COLTON shall require the carriers of the above-required
coverages to waive all rights of subrogation against SAN BERNARDINO and its officers,
employees, agents and volunteers.
Policy Primary and Non-Contributory ~ All policies required above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by
COLTON.
Proof of Coverage - COLTON shall immediately furnish certificates of insurance to SAN
BERNARDINO evidencing the insurance coverages, including endorsements referenced
above, required prior to the commencement of the performance of services hereunder, which
certificates shall provide that such insurance shall not be terminated or expire without thirty
(30) days written notice to SAN BERNARDINO, and COLTON shall maintain such
insurance from the time COLTON commences performance of the services hereunder until
completion of such services, and shall charge any contractor performing any work on the
PROJECT, including the RIGHT-OF-WAY, to conform to these same said requirements
from the commencement of the work to the cornpletion of the work. Within sixty (60) days
of the commencement of this Agreement, COLTON shall furnish certified copies of the
policies and all endorsements.
Insurance Review - The above insurance requirements are subject to periodic review by
SAN BERNARDINO, whose Risk Manager is authorized, but not required, to reduce or
waive any of the above insurance requirements whenever the Risk Manager determines that
any of the above insurances are not available, are unreasonably priced, or are not needed to
protect the interest of SAN BERNARDINO. In addition, if the Risk Manager determines
that heretofore unreasonably priced or unavailable types of insurance coverage or coverage
limits become reasonably priced or available, the Risk Manager is authorized, but not
required, to change the above insurance requirements, to require additional types of
insurance coverage or higher limits, provided that any such change is reasonable in light of
past claims against SAN BERNARDINO, inflation, or any other item reasonably related to
SAN BERNARDINO'S risk.
Any such reduction or waiver for the entire term of this Agreernent and any change
requiring additional types of insurance coverage or higher coverage limits rnust be rnade by
amendment to this Agreement. COLTON agrees to execute any such amendment within
thirty (30) days of receipt.
SAN BERNARDINO recognizes that COLTON may be self-insured and agrees to accept
letters of self-insurance.
9. Both parties hereto agree that in the event COLTON and/or SAN BERNARDINO is found to
be comparatively at fault for any claim, action, loss or damage which results frorn their
respective acts, errors or ornissions, COLTON and/or SAN BERNARDINO shall indemnify
the other to the extent of its cornparative fault.
10. Successors - The parties do for themselves, their heirs, executors, administrators, successors
and assigns agree to the full performance of all of the provisions contained in this Agreement.
COLTON may not, either voluntarily or by action of law, assign any obligation assumed by
COLTON hereunder without the express written consent of SAN BERNARDINO.
11. Notices - All notices hereunder and communications regarding interpretation of the terrns of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-000 I
Attn.: Amer Jakher, City Engineer
Engineering Department
Attn.: Raymond Casey, City Engineer
Deputy Director of Development Services
12. Successors - The parties do for themselves, their heirs, executors, administrators, successors
and assigns agree to the full performance of all of the provisions contained in this Agreement.
COLTON may not, either voluntarily or by action of law, assign any obligation assurned by
COLTON hereunder without the express written consent of SAN BERNARDINO.
13. Entire Agreement - This Agreernent contains the entire Agreement of the parties with respect to
the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
This Agreement may only be rnodified by a writing signed by both parties.
14. Termination of Agreement - This Agreernent rnay not be terminated by either party, for any
reason stated or unstated within this Agreement, without the written consent of both parties.
Signatures on Next Page
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THIS AGREEMENT shall inure to the benefit of and be binding on the successors and assigns of
both parties.
CITY OF COLTON
BY: D~ ~
DEIRDRE BENNETT,
Mayor, City of Colton
Dated:
/.p / :)/6 Q-
I I
By:
IT1=! VALLES
or, City of San Bernardino
Dated:
ATTEST: ATTEST:
6J1~I~ K~.d- ~~ edt, c~ Rae /uJ ,(!CCUL~
Carolina Barrera, City Clerk () Rachel Clark, City Clerk
~ )JMl1~Yvt..('(:U'YWJ / fleptu~
~ ~(r~ t:<" I':..~
AMER JAKHER, City Engineer RA YM ND CASEY, Cit ngineer and
Deputy Director of Development Services
Dated:
<014\02.
Approved as to Form
BY:
Dated:
7/2-'&(dL
Approved as to Form and Legal Content