HomeMy WebLinkAbout10-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
COR161NAl
Subject: Resolutions approving Agreement
with the City of Colton and a Lease with the
Union Pacific Railroad Company for a hike-
and-bike trail, beautification and purposes
incidental thereto on Union Pacific Railroad
Company property along Inland Center
Drive between the easterly City Limit and
Mill Street.
From: James Funk, Director
Dept: Development Services
Date: August 23, 2004
MCC Date: 09/07/2004
Synopsis of Previous Council Action:
09-15-03 Adopted FY 2003-2008 5-year Capital Improvement Program (CIP) which included proposed
funding in FY 2004/05 in the amount of $25,000 for TC 04-22 "I nland Center Drive: Bike
lane Agreement with the City of Colton. "
Recommended Motion:
Adopt Resolutions.
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Contact person:
Mike Grubbs, Enj!;ineering Manaj!;er/Field Engineer Phone:
5179
Supporting data attached:
Staff Report, (2) Resolutions,
Attachments A & B and Location Map
Ward:
a
FUNDING REQUIREMENTS:
Amount:
$25.000
Source: (Ace!. No.) 250-370-5504-XXXX
Acct. Description: Inland Center Drive: Bike Lane
Agreement with Colton
Finance:
Council Notes
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Agenda Item 10
City of San Bernardino - Request for Council Action
Staff Report
Subject:
Resolutions approving an Agreement with the City of Colton and a Lease with the Union
Pacific Railroad Company for a hike-and-bike trail, beautification and purposes incidental
thereto on Union Pacific Railroad Company property along Inland Center Drive between the
easterly City Limit and Mill Street.
Background:
The City of Colton has proposed a cooperative project with the City to install a hike-and-bike
trail, landscaping and other improvement on the Union Pacific Railroad Company property
along Inland Center Drive between the easterly City Limit and Mill Street (See Attachment
"A"). The Union Pacific Railroad Company has offered San Bernardino a 20-year Lease of
the property for that portion in the City Limits of San Bernardino (See Attachment "B"). A
similar lease has been offered to the City of Colton.
Under terms of the Agreement, the City of Colton will design the project, contract out the
work and bill San Bernardino for its share as indicated in Exhibit .. A" attached to the
Agreement. The total estimated cost of the project is $1,301,890; however, Colton has agreed
to limit San Bernardino's share of the cost to $25,000. San Bernardino's share will consist of
$20,000 to purchase the Lease from the Union Pacific Railroad Company and $5,000 toward
the cost of construction. Colton has applied for TEA-21 and CMAQ (Federal Aid) funding in
the amount of $1,106,057 to cover the majority of the construction cost.
The Bikeway Project has been approved by SCAG to receive TEA-21 and CMAQ funding in FY
04/05 in the amount of $1,106,057. Colton has submitted a request to Caltrans for authorization
to proceed with preliminary engineering. Federal funding for the project has been secured
subject to compliance with FHW A regulations.
Staff believes this cooperative project will be beneficial to both agencies. Selected projects
typically have elements under two or more jurisdictions and, therefore, lend themselves well to
such a cooperative effort.
If this agreement is approved, the City of Colton will be the lead agency and will proceed with
preparation of improvement plans, specifications, and estimated costs (PS&E). Colton will
also be responsible for all costs associated with environmental clearance necessary for federal
funding, design, advertising for bids, award of contract and management of the construction of
the project per the attached Agreement. Exhibit .. A ", attached to the Agreement, provides an
overall summary of the estimated project costs.
Upon approval of the Lease with the Union Pacific Railroad Company, the City will be
required to pay an advanced fixed rent to the Union Pacific Railroad Company in the amount
of $20,000. This amount may not be refundable, in part or in full, if San Bernardino cancels
the Lease for any reason.
2
City of San Bernardino - Request for Council Action
Staff Report (Continued)
It is anticipated that construction of the hike-and-bike trail could connnence in FY 2006/07 to
coincide with the Caltrans 1-215, Segment 3, widening project.
It is requested that two originals of the Agreement and two originals of the Lease be executed
so that each party can retain an original.
Financial Impact:
Funds for this project in the amount of $25,000 will come from the $2.4 million that was
appropriated as part of the FY 2004/2005 budget for Fund 250 (Traffic System Construction).
Recommendation:
Adopt Resolutions.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF COLTON FOR A HIKE-AND-BIKE TRAIL,
4 BEAUTIFICATION AND PURPOSES INCIDENTAL THERETO ON UNION PACIFIC
5 RAILROAD COMPANY PROPERTY ALONG INLAND CENTER DRIVE.
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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
a hike-and-bike trail, beautification and purposes incidental thereto on Union Pacific Railroad
Company Property along Inland Center Drive. A copy of said cooperative agreement is
attached as Attachment "A" and made a part hereof.
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SECTION 2. The authorization to execute the above-referenced agreement is
15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
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of this resolution.
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C 1 RESOLUTION..AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF COLTON FOR A
HIKE-AND-BIKE TRAIL, BEAUTIFICATION AND PURPOSES INCIDENTAL
3 THERETO ON UNION PACIFIC RAILROAD COMPANY PROPERTY ALONG
4 INLAND CENTER DRIVE.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof, held on
7 the day of , 2004, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN ABSENT
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10 ESTRADA
11 LONGVILLE
12 MC GINNIS
13 DERRY
14
KELLEY
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16 JOHNSON
17 MC CAMMACK
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City Clerk
The foregoing resolution is hereby approved this
day of
,2004.
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24 Approved as to
25 form and legal content:
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Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
By:
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ATTACHMENT "Au
COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION
OF BIKEWAY TRAIL IMROVEMENTS (PROJECT) ON
COLTON A VENUE (V ALLEY VIEW BL VD/ 'G' STREET)
I.
PARTIES AND DATE.
This Cooperative Agreement ("Agreement") is made and entered into this day of
, 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
exists along Colton
BERNARDINO.
Union Pacific Railroad Right of way, on which the PROJECT is proposed,
Avenue within COLTON and along Inland Center Drive within SAN
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-2l 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 Deterrnination 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.
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ATTACHMENT "An
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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.
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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.
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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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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 ofliability 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 ofthis
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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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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ATTACHMENT "A"
COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION
OF BIKEWAY TRAIL IMROVEMENTS (PROJECT) ON
COLTON A VENUE (VALLEY VIEW BL VDI '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:
By:
Daryl Parrish, City Manager
ATTEST:
By:
Carolina P. Barrera, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP, City Attorney
CITY OF SAN BERNARDINO
Dated:
By:
Judith Valles, Mayor
ATTEST:
By:
Rachael Clark, City Clerk
APPROVED AS TO FORM:
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REVISED
EXHmIT "A"
BIKEWAY PROJECT
COLTON A VENUE (V ALLEY VIEW BL VOl 'G' STREET)
COST BREAKDOWN AND SHARING OF PROJECT
City of Colton
City of San Bernardino
Item Description City San Bernardino Funds Totals
TENCMAQ
Design/Engineering $22,000 NA $46,500 $68,500
Environmental $5,000 NA NA $5,000
ROW NA $20,000 NA $20,000
Site Acquisition
Construction & $97,333 $5,000 $1,106,057 $1,208,390
Construction
Engineering
Total $124,333 $25,000 $1,]52,557 $1,30],890
RVPUB/NGS/662968
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bemardino.ca.lls
'"
September23,2004
Arner Jakher, City Engineer
City of Colton
Public Services Department
655 North La Cadena Drive
Colton, CA 92324
Dear Mr. Jakher,
At the Mayor and Common Council meeting of September 20, 2004, the City of San Bernardino
adopted Resolution 2004-292 - 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.
Enclosed are two (2) original agreements. Please obtain signatures in the appropriate location.
Retain one original agreement for your files and return one original agreement to the City
Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as
possible.
Please be advised that the resolution aud agreements will be null and void if not executed
within 60 days, or by November 19, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
(/1 ( (j",.LlL <I L/"j {6L
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
'"
November 15, 2004
Amer Jakher, City Engineer
City of Colton
Public Services Department
655 North La Cadena Drive
Colton, CA 92324
Dear Mr. Jakher,
At the Mayor and Common Cotmcil meeting of September 20, 2004, the City of San Bernardino
adopted Resolution 2004-292 - 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.
On September 23, 2004, two original agreements were sent to you for signatures. If the
agreements have been signed, please return one original agreement to the City Clerk's Office,
Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
and returned to the City Clerk's Office by November 19, 2004.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Thank you,
e/h, (JJ,..~ 4-r~
Michelle Taylor
Senior Secretary
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
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Public SeMces
160 S. 10. Street
CoIIDn, CA 92324
(909) 370-5065
(909) 370-6104 fax
November 18, 2004
Michelle Taylor, Senior Secretary
city of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Ms. Taylor,
At the city Council meeting of October 4, 2004, approval
was obtained for the execution of the Cooperative
Agreement for the Design and Construction of Bikeway
Trail Improvements on Colton Avenue.
Enclosed is the city of San Bernardino's original copy of
this fully executed agreement; the City of Colton has
kept one (1) of the two (2) agreements the City of San
Bernardino originally submitted for its records.
If you have any questions, please call me at (909) 370-
5065.
Sincerely,
Amer Jakher, P.E.
City Engineer
Public Services
City of Colton
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 22, 2004
TO:
Mike Grubbs, Engineering Manager/Field Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-292 - Hike and Bike Trail
cc:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with 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. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 9-20-0"1
Item #
I Cl A Resolution #
Abstain -G-
2CXl~ - 2 qz-
Absent ~
Vote: Ayes 1- '1 Nays 2
Change to motion to amend original documents D
Companion Resolutions
NulVVoidAfter: too days/ 11-\ '\-0'\
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
9- ~ \-(\ ~\
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'1. n-Dl'I
Reso. Log Updated:
Seal Impressed:
0'
-B-
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
11-1'1.-0'(:
Q-23..04 Date Returned: S{~ 01 Not Returned: D
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes~ No By
Up(lated Prior Resolutions (Other Than Below): Yes NoL By
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Yes No / By
Updated CDC Personnel Folders (5557): Yes NO~ By_
Updated Traffic Folders (3985, 8234,655, 92-389): Yes No_ y-
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney e( Finance 0' Police Department D
Code Compliance D Fire Department D Public Services D
Development Services 0' Human Resources D Water Department D
Others: fl--3
Notes:
Ready to File: _
Date:
Revised 12/18/03