HomeMy WebLinkAbout2008-366
IMPORTANT NOTE: RESOLUTION IS
NULL AND VOID BECAUSE IT WAS
NOT EXECUTED WITHIN THE TIME
SPECIFIED
1
RESOLUTION NO. 2008-366
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF COLTON
FOR MAINTENANCE OF A GRADE SEPARATION ON HUNTS LANE AT THE
4 UNION PACIFIC RAILROAD (SS04-51).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a cooperative agreement between the City of Colton
and the City of San Bernardino for maintenance of a grade separation on Hunts Lane at the
Union Pacific Railroad. A copy of said cooperative agreement is attached as Attachment "A"
and made a part hereof.
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 The authorization to execute the above-referenced agreement is rescinded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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2008-366
1 RESOLUTION... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT
WITH THE CITY OF COLTON FOR MAINTENANCE OF A GRADE SEPARATION
2 ON HUNTS LANE AT THE UNION PACIFIC RAILROAD (SS04-51).
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the
5
15th day of Seotember
, 200S, by the following vote, to wit:
6
7 Council Members:
NAYS
ABSTAIN
ABSENT
AYES
8 ESTRADA
x
9 BAXTER
10
x
x
BRINKER
11 DERRY
x
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13
JOHNSON
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15
x
KELLEY
---1L
x
MC CAMMACK
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~{;.~
City Clerk
The foregoing resolution is hereby approved this /pl'N day of September, 200S.
Approved as to form:
JAMES F. PENMAN,
City Attorney
Bt-
1.f~
-2-
ATTACHMENT "A"
AGREEMENT
("Hunts Lane at UPRR Grade Separation")
This Agreement ("AGREEMENT") is dated , 200S, between the City of
Colton, a municipal corporation ("COLTON") and the City of San Bernardino, a municipal
corporation ("SAN BERNARDINO"), both political subdivisions ofthe State of California and
is with reference to the fo Ilowing:
RECITALS:
A. An existing at-grade roadway-railroad crossing on Hunts Lane between Commercial
Road to the south and Oliver Holmes Road to the north is proposed to be grade separated by
raising the grade of Hunts Lane over the existing Union Pacific Rail Road ("UPRR") tracks
between Heritage Lane and Steel RoadlRedlands Boulevard intersections and building a bridge
over the UPRR right-of-way. Existing street centerline ("HL Line") of Hunts Lane divides
COLTON and SAN BERNARDINO
B. The Grade Separation ("PROJECT") is being designed and built in association with
San Bernardino Associated Governments "SANBAG", with COLTON and SAN
BERNARDINO. After completion of the PROJECT, COLTON and SAN BERNARDINO will
be responsible for the maintenance and future repairs of the PROJECT elements or portions of
the PROJECT elements (such as, but not limited to, roadways, curbs and gutters, sidewalks,
driveways, walls, barriers, railing, bridge structure, emergency access road and access tunnel
structure, street lighting, signs, striping, medians, landscaping, irrigation, storm drain lines,
sewer lines, water lines, electrical lines, fencing, gates, bridge inspections, wall inspections, etc.)
physically located within their respective city limits with certain exceptions identified and
defined in this AGREEMENT. The exceptions are generally for the PROJECT elements which
have their footprint extend into or traversing through the legal limits of both the cities. Such
PROJECT element exceptions are identified in paragraphs below and their maintenance and
repair responsibility is defined in this AGREEMENT.
Final Colton-SB Hunts Lane Agreement~2008"()8"()4
I.
C. The new storm drain (Lateral No. 14 and Lateral No. I) in Hunts Lane, north and
south respectively of the existing box culvert, will collect storm run-off flow from catch-basins
and inlets located in COLTON and SAN BERNARDINO through other laterals, and will
discharge into the box culvert as depicted in Exhibit-A. This Exhibit is for reference only and the
final drainage design will be in accordance with approved PROJECT plans. Lateral No. 14
storm drain system is primarily collecting run-off from SAN BERNARDINO jurisdiction
(except one catch basin in COLTON near Oliver Homes Road). Lateral No. 14 and portions of
the other connecting laterals are located within COLTON. Lateral No. I storm drain system
south of the manhole at Hunts Lane and Commercial Road is primarily located within COLTON
and collecting run-off from COLTON jurisdiction (except a portion of Lateral No.3 and a catch
basin at the east end of this lateral in SAN BERNARDINO). Lateral No. I storm drain system
(including Lateral No.4 system) north of the manhole at Hunts Lane and Commercial Road is
primarily located within SAN BERNARDINO and collecting run-off from SAN BERNARDINO
jurisdiction. The subject manhole will be stamped with words "CITY OF SAN BERNARDINO".
The responsibility of inspections, maintenance, repairs, replacement, associated cost and liability
for the above described storm drain systems by COLTON and SAN BERNARDINO shall be in
accordance with this AGREEMENT.
D. Each City will be individually responsible for maintenance, repairs or replacement of
portions of the Hunts Lane Grade Separation bridge structure (including but not limited to top
deck, girders, barriers, abutments, bearings and foundations, conventional and MSE
(Mechanically Stabilized Earth) retaining walls, roadway, curb and gutter, sidewalks, emergency
access road including culvert-slab bridge and access tunnel, railing, fence and gates, etc.)
physically located within their own jurisdiction. See Exhibit-B depicting the jurisdictional limits
for this item. COLTON and SAN BERNARDINO may mutually agree to have routine (every
two years) and post major earthquake inspections performed alternatively by each agency for the
items described in this Section D (except Structural Bridge Inspection by Caltrans, see below) in
both jurisdictions and provide a copy of the inspection reports to the other agency. Exhibit-B is
for reference only and the fmal design will be in accordance with approved PROJECT plans.
Structural Bridge Inspection: Caltrans will perform the routine bridge inspection ISO
days after completion and every 24 months thereafter, including post major earthquake
Final Colton.SB Hunts Lane Agreement_200S-08-04
2.
inspection pursuant to the National Bridge Inspection Standards after the bridge is identified in
the National Bridge Inventory which feeds the Inspection List. The Caltrans inspection will
cover the grade separation bridge structure from the beginning of the bridge approach at one end
to the other end of the bridge structure within the limits of the retaining walls on east and west
sides. Any structure outside these limits, any structure below the access tunnel, and non-
structural components will not be included in the Caltrans inspection. Caltrans will send the
inspection reports to the Public Works Director/City Engineer of each City. Both cities will have
to mutually agree upon any recommended repairs, cost of the repairs and when the repairs will
be performed. Both cities will equally share the cost of the repairs. Any work to be performed
below the top of the bridge deck shall be in accordance with an approved Railroad Agreement
between both cities and UPRR.
E. The raised roadway medians (including the associated landscaping and irrigation
system) along Hunts Lane extend into the jurisdiction of both cities. COLTON shall be
responsible for inspection, maintenance, repairs or replacement of medians south of the center
line of the bridge-span over UPRR and SAN BERNARDINO shall be responsible for inspection,
maintenance, repairs, or replacement of medians north of the center line of the bridge-span.
Exhibit-C and Exhibit.D depict the maintenance limits of each City for the raised roadway
medians. The concepts shown on Exhibit-C and Exhibit-D are subject to change upon written
approval by each City's Public Works DirectorlCity Engineer. These Exhibits are for reference
only and the fmal landscaping and irrigation design will be in accordance with approved
PROJECT plans.
F. Each City will be responsible for the monthly utility usage fees (water and electrical)
for the landscaping and lighting within its jurisdiction and within the limits of responsibility as
described in this AGREEMENT.
G. Emergency access across Hunts Lane for the respective City Fire Departments shall
be provided through a new emergency access road to be built over the existing box culvert and
through a new tunnel under the south bridge approach embankment. The respective City Fire
Departments will have their own lock and key at each gate so that both departments will have
access through the tunnel on the emergency access road. Each City will be responsible for taking
Final Colton-SB Hunts Lane Agreemenc200S..oS-04
3.
necessary action to assure a 20-foot wide paved emergency vehicular access is provided to the
emergency access tunnel to and from its respective access gate at all times.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties
hereunder and the promises herein contained, it is hereby agreed as follows:
ARTICLE A
COLTON AGREEMENT
COLTON, at its sole cost and expense except as noted, agrees:
1. To perform the periodic inspections, maintenance, repairs and replacement of Lateral
No.1 storm drain system located within COLTON south of the manhole at Hunts Lane and
Commercial Road.
2. Assume full responsibility and liability for any damage created at any location
within the Lateral No.1 storm drain system (including the portion maintained by SAN
BERNARDINO) if caused by a problem in the portion of Lateral No. 1 located within
COLTON.
3. To perform the periodic inspection, maintenance, repairs, and replacement of Lateral
No. 14 storm drain system located within COLTON.
4. Assume full responsibility and liability for any problem created at any location within
the Lateral No. 14 storm drain system (including Lateral No. 15 or Lateral No. 16 located within
SAN BERNARDINO), if caused by a problem in the portion of Lateral No. 14 located within
COLTON.
Final Colton-SB Hunts Lane Agreement_ 2008-08-04
4.
5. Reimburse in full to SAN BERNARDINO the cost (including liability cost) of any
and all damages suffered by SAN BERNARDINO arising from any problem within the storm
drain system maintained by COLTON as indicated in Section 1 or Section 3 above.
6. To cooperate, prepare invoices and collect from SAN BERNARDINO the cost
(including liability cost) of any and all damages suffered by COLTON arising from any problem
within the storm drain system maintained by SAN BERNARDINO as indicated in Section 1 or
Section 3 of Article B.
7. To cooperate with SAN BERNARDINO and provide for resources and cost for the
periodic maintenance, repairs or replacement of the portion of the Hunts Lane Grade Separation
Bridge Structure (including but not limited to top deck, girders, barriers, abutments, bearings and
foundations, conventional and MSE retaining walls, roadway, curb and gutter, sidewalks,
emergency access road including culvert-slab bridge and access tunnel, railing, fence and gates,
etc.) physically located within COLTON. COLTON agrees to perform routine (every two years)
and post major earthquake inspections alternatively with SAN BERNARDINO for the items
described in this Section 7 located in both jurisdictions (except Caltrans Structural Bridge
Inspection, see RECITALS: Section D) and provide a copy of the inspection reports to SAN
BERNARDINO.
8. To perform periodic inspections, normal maintenance, repairs or replacement of the
full length of the raised roadway medians and the associated landscaping and irrigation system
along Hunts Lane south of the subject bridge-span center line to Heritage Lane.
9. To allow SAN BERNARDINO to perform periodic inspections, normal
maintenance, repairs or replacement of the full length of raised roadway medians and the
associated landscaping and irrigation system along Hunts Lane north of the subject bridge-span
center line to Oliver Holmes Road.
10. To cooperate with SAN BERNARDINO and allow SAN BERNARDINO Fire
Department's lock in conjunction with COLTON Fire Department's lock on the west gate ofthe
emergency access tunnel, facilitating emergency access through the access tunnel. COLTON
Final Colton-SB Hunts Lane Agreement_ 2008-08-04
5.
agrees to take necessary action to assure that paved emergency vehicle access is provided at all
times to and from the west gate and that said paved access is a minimum of20 feet in width.
II. To allow SAN BERNARDINO to perform the periodic inspections, maintenance,
repairs, and replacement of the portions of Lateral No.3, Lateral No. 15, and Lateral No. 16
located in COLTON.
12. To perform inspection and maintenance of the portion of the 10" water line cross-
over located within COLTON jurisdiction at Riverwood Street intersection.
13. To mutually agree upon any repairs to the Hunts Lane Grade Separation bridge
recommended by Caltrans fo Ilowing the Structural Bridge Inspection, the cost of the
recommended repairs and the timing for the performance of such repairs. The cities shall equally
share the cost of the repairs. Any work to be performed below the top of the bridge deck shall be
in accordance with the Railroad Agreement between both cities and UPRR.
14. To be responsible for the monthly utility usage fees (water and electrical) for the
landscaping and lighting for the improvements described in this AGREEMENT within its
jurisdiction and within the limits of responsibility as described in this AGREEMENT.
ARTICLE B
SAN BERNARDINO AGREEMENT
SAN BERNARDINO, at its sole cost and expense except as noted, agrees:
1. To perform the periodic inspections, maintenance, repairs and replacement of Lateral
No. I storm drain system located within SAN BERNARDINO north of the manhole at Hunts
Lane and Commercial Road.
2. Assume full responsibility and liability for any damage created at any location within
the Lateral No. I storm drain system (including the portion maintained by COLTON) if caused
by a problem in the portion of Lateral No. I located within SAN BERNARDINO.
Final Colton-SB Hunts Lane Agreement~2008-08-04
6.
3. To perform the periodic inspections, rnaintenance, repairs and replacement of Lateral
No.3, Lateral No. 15, and Lateral No. 16 (including portions of each located in COLTON).
4. Assume full responsibility and liability for any damage created at any location within
Lateral No.3, Lateral No. 15, and Lateral No. 16; if caused by a problem within Lateral No.3,
Lateral No. 15, or Lateral No. 16.
5. To reimburse in full to COLTON the cost (including liability cost) of any and all
damages suffered by COLTON arising from any problem within the storm drain system
maintained by SAN BERNARDINO, as indicated in Section I or Section 3 above. .
6. To cooperate, prepare invoices and collect from COLTON the cost (including liability
cost) of any and all damages suffered by SAN BERNARDINO arising from any problem within
the storm drain system maintained by COLTON, as indicated in Section I or Section 3 of Article
A.
7. To cooperate with COLTON and provide for resources and cost for the periodic
maintenance, repairs or replacement of the portion of the Hunts Lane Grade Separation Bridge
Structure (including but not limited to top deck, girders, barriers, abutments, bearings and
foundations, conventional and MSE retaining walls, roadway, curb and gutter, sidewalks,
emergency access road including culvert-slab bridge and access tunnel, railing, fence and gates,
etc.) physically located within SAN BERNARDINO. SAN BERNARDINO agrees to perform
routine (every two years) and post major earthquake inspections alternatively with COLTON for
the items described in this Section 7 located in both jurisdictions (except Caltrans Structural
Bridge Inspection, see REClT ALS: Section D) and provide a copy of the inspection reports to
COLTON.
8. To perform periodic inspections, normal maintenance, repairs or replacement of the
full length of the raised roadway medians and the associated landscaping and irrigation system
along Hunts Lane north of the subject bridge-span center line to Oliver Holmes Road.
9. To allow COLTON to perform periodic inspections, normal maintenance, repairs or
replacement of the full length of the raised roadway medians and the associated landscaping and
irrigation system along Hunts Lane south of the subject bridge-span center line to Heritage Lane.
Final Colton-SB Hunts Lane Agreement_ 2008-08-04
7.
10. To cooperate with COLTON and allow COLTON Fire Department's lock in
conjunction with SAN BERNARDINO Fire Department's lock on the east gate of the emergency
access tunnel, facilitating emergency access through the access tunnel. SAN BERNARDINO
agrees to take necessary action to assure that paved emergency vehicle access is provided at all
times to and from the east gate of the access tunnel and that said paved access shall be a
minimum of20 feet in width.
II. To mutually agree upon any repairs to the Hunts Lane Grade Separation bridge
recommended by Caltrans fo Ilowing the Structural Bridge Inspection, the cost of the
recommended repairs and the timing for the performance of such repairs. The cities shall equally
share the cost of the repairs. Any work to be performed below the top of the bridge deck shall be
in accordance with the Railroad Agreement between both cities and UPRR.
12. To be responsible for the monthly utility usage fees (water and electrical) for the
landscaping and lighting for the improvements described in this AGREEMENT within its
jurisdiction and within the limits of responsibility as described in this AGREEMENT.
ARTICLE C
MUTUAL COVENANTS
It is mutually understood and agreed by COLTON and SAN BERNARDINO as follows:
I. COLTON and SAN BERNARDINO shall each be responsible for their own fees and
the costs of staff time through the term ofthis AGREEMENT.
2. This AGREEMENT is binding upon COLTON and SAN BERNARDINO and their
successors and assigns. Except as otherwise provided herein, neither COLTON nor SAN
BERNARDINO shall assign, sublet or transfer its interest in this AGREEMENT or any part
thereof without the prior written consent of the other party.
3. Neither COLTON nor any officer, employee, or agent thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by SAN
BERNARDINO under or in connection with any work, authority or jurisdiction delegated to
Final Colton-SB Hunts Lane Agreement_2008..o8-04
8.
SAN BERNARDINO under this AGREEMENT. It is understood and agreed that, pursuant to
Government Code Section 895.4 SAN BERNARDINO shall fully defend, indemnify and save
harmless COLTON, all officers, employees, and agents from all claims, suits or actions of every
name, kind and description brought for or on account of injury (as defmed in Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by SAN
BERNARDINO under or in connection with any work, authority or jurisdiction delegated to
SAN BERNARDINO under this AGREEMENT.
4. Neither SAN BERNARDINO nor any officer, employee, or agent thereof is
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by COLTON under or in connection with any work, authority or jurisdiction delegated to
COLTON under this AGREEMENT. It is understood and agreed that, pursuant to Government
Code Section 895.4 COLTON shall fully defend, indemnify and save harmless SAN
BERNARDINO, all officers, employees, and agents from all claims, suits or actions of every
name, kind and description brought for or on account of injury (as defined in Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by COLTON under
or in connection with any work, authority or jurisdiction delegated to COLTON under this
AGREEMENT.
5. COLTON and SAN BERNARDINO agree to work cooperatively to solve any issue
that develops during the term ofthis AGREEMENT. Both cities agree to respond to issues in a
timely manner, so as not to delay the progress of the work to be performed under this
AGREEMENT. Each City shall bear its own costs in carrying out the matters specified herein
unless otherwise specified.
6. Pre-Litigation Mediation.
(a) In the event any dispute between the parties is not resolved, and any party
intends to file a lawsuit with respect to such dispute, it shall be a condition to the filing of any
lawsuit that the parties shall first attempt to resolve the lawsuit by non-binding mediation. The
parties, upon the request of any party, shall execute tolling agreements to toll any statute of
limitations to the extent the mediation process could result in prejudicing a party from bringing a
claim.
Final Colton-58 Hunts Lane Agreement_2008-08-04
9.
(b) Notwithstanding Article C, Section 6(a) above, said Section 6(a) provision
shall not bar any party from seeking any injunctive or other extraordinary relief in the event that
a time delay due to the mediation process would prejudice a party.
(c) The mediation shall commence upon written notice from the party desiring to
file a lawsuit to the other party indicating that such party is invoking Article C, Section 6 hereof,
describing the dispute and listing three (3) potential mediators. The parties shall meet and confer
by telephone and mutually decide in good faith within fifteen (15) days after receipt of said
written notice on the mediator which mediator need not be one of the three originally suggested.
After designation of the mediator, the parties shall set up a joint meeting with the mediator as
quickly as is practical based on the mediator's schedule to attempt to resolve the dispute by non-
binding mediation.
Depending on the results of the mediation meeting, a party mayor may not
thereafter decide to file a lawsuit regarding the subject matter of the dispute.
(d) In the event any party is not cooperating in the mediation process, then the
mediation process shall not be a bar or limitation on any party proceeding with litigation.
7. If the Hunts Lane Bridge is not listed in the National Bridge Inventory within ISO
days after completion of construction, it shall be the responsibility of either COLTON's or SAN
BERNARDINO's Public Works Director/City Engineer to contact Caltrans and request that the
bridge be included on the Inspection List.
Final Colton-SB Hunts Lane Agreement_2008-08-04
10.
AGREEMENT
("Hunts Lane at UPRR Grade Separation")
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers, duly authorized by the parties hereto.
CITY OF SAN BERNARDINO
By
Lori Sasso on
Interim Acting City Manager
APPROVED AS TO FORM:
Final Colton.SB Hunts Lane Agreement_2008-08-04
CITY OF COLTON
By
Kelly J. Chastain
Mayor, City of Colton
ATTEST:
By
Printed Name:
Title:
APPROVED AS TO FORM:
By
Printed Name:
Title: City Attornev rCohon)
II.
2008-366
AGREEMENT
("Hunts Lane at UPRR Grade Separation")
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers, duly authorized by the parties hereto.
CITY OF SAN BERNARDINO
By ~1 }~~~'
Lori Sasso on
Interim Acting City Manager
APPROVED AS TO FORM:
Final Colton.SB Hunts Lane Agreement_2008-08~4
CITY OF COLTON
By
Kelly J. Chastain
Mayor, City of Colton
ATTEST:
By
Printed Name:
Title:
APPROVED AS TO FORM:
By
Printed Name:
Title: City Attorney rColton]
11.
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