HomeMy WebLinkAbout2009-026
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RESOLUTION NO. 2009-26
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING STATE STREET OVERHEAD LIGHTING
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE
OF ADDITIONAL LIGHTS FOR THE UNIVERSITY PARKWAY GRADE
SEPARATION PROJECT (CIP SS04-52).
WHEREAS, on January 22,2007, the Mayor and Connnon Council adopted Resolution
No. 2007-28 approving an Overhead Agreement with Burlington Northern Santa Fe (BNSF)
Railway Company, the County of San Bernardino, and the San Bernardino Associated
Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SS04-52),
and
WHEREAS, on June 4, 2007, the Mayor and Connnon Council adopted Resolution No.
2007-171 approving a Supplemental Agreement to the Overhead Agreement with Burlington
Northern Santa Fe (BNSF) Railway Company, the County of San Bernardino, and the San
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maintained by the City in connection with the University Parkway Grade Separation Project.
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Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation
Project (CIP SS04-52), and
WHEREAS, the County of San Bernardino has requested approval of the attached State
Street Overhead Lighting Maintenance Agreement to add Nolan Street, Short Street and Cajon
Boulevard at State Street in the County unincorporated area to the list of locations to be
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute the
attached State Street Overhead Lighting Maintenance Agreement with the County of San
Bernardino for the University Parkway Grade Separation Project (CIP SS04-52), attached and
incorporated herein as Exhibit "1".
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2009-26
RESOLUTION ... APPROVING STATE STREET OVERHEAD LIGHTING
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE
OF ADDITIONAL LIGHTS FOR THE UNIVERSITY PARKWAY GRADE
SEPARATION PROJECT (CIP SS04-52).
SECTION 2. The attached State Street Overhead Lighting Maintenance shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within ninety (90) days of passage of the resolution.
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2009-26
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RESOLUTION ... APPROVING STATE STREET OVERHEAD LIGHTING
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE
OF ADDITIONAL LIGHTS FOR THE UNIVERSITY PARKWAY GRADE
SEPARATION PROJECT (CIP SS04-52).
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Connnon Council of the City of San Bernardino at a regular meeting thereof, held on the
6 17th day of Februarv
7 Council Members:
, 2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
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ESTRADA
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9 BAXTER
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BRINKER
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(VACANT)
KELLEY
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JOHNSON
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MC CAMMACK
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City Clerk
The foregoing resolution is hereby approved this ItfnI day of February, 2009.
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SF. PENMAN
Attorney
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
March 24, 2009
FROM: VANA R. OLSON, Director
Department of Public Works - Transportation
SUBJECT: COOPERATIVE AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR
MAINTENANCE OF OVERHEAD STRUCTURE AT STATE STREET AND
UNIVERSITY PARKWAY
RECOMMENDATlON/SI
Approve a Cooperative Agreement No. 09-189 with the City of San Bernardino regarding
maintenance of the lighting for the new overhead structure at State Street and University
Parkway, in the San Bernardino area.
(Affected Districts: Fifth)
(Presenter: Vana R. Olson, Director, 387-7906)
BACKGROUND INFORMATION
On January 9, 2007, the County Board of Supervisors approved Agreement No. 07-0016 (Item
23) with the City of San Bernardino (City), Burlington Northern and Santa Fe Railway Company
(BNSF) and San Bernardino Associated Governments (SAN BAG) in which all parties agreed to
jointly participate in a project to construct a railroad overhead structure and roadway on the new
alignment located at BNSF's Main Track NO.1. The overhead structure and roadway were
needed to carry State Street/University Parkway traffic over and across BNSF's Rail Corridor and
tracks by means of a 4-span concrete structure know as the State Street/University Parkway
Grade Separation. The agreement also included terms and conditions for the lighting
maintenance of the new overhead structure at State Street and University Parkway.
In accordance with Agreement No. 07-0016, the City and the County agreed to be responsible for
all future costs related to maintaining the lighting of the new overhead structure at State Street
and University Parkway. The overhead structure project has been completed and a lighting
maintenance agreement between the County and the City is now needed.
This proposed agreement sets for the responsibilities and obligations of the City and the County
as they pertain to the lighting maintenance at the subject location. Pursuant to this agreement,
the City will operate and maintain the lighting for the overhead structure located at State Street
and University Parkway, including the lighting along the adjacent Nolan Street, Short Street, and
Cajon Boulevard at State Street. Upon receipt of an invoice from the City, the County shall pay
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ITEM 028
YE
4
ABSENT
5
cc: Trans-Olson
Trans-Biggs wi agree
Contractor clo Dept wi agree
ACR-Acct Pay Mgr wi agree
Periculum clo Risk wi agree
Risk Management
County Counsel-Basle
CAO-Forster
File - wi Agree No. 09-189
jr 4/1/09
BY
Rev0708R1
BOARD OF SUPERVISORS
COOPERATIVE AGREEMENT WITH THE CITY OF SAN BERNARDINO
FOR MAINTENANCE OF OVERHEAD STRUCTURE AT STATE STREET
AND UNIVERSITY PARKWAY
MARCH 24, 2009
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100% of the lighting maintenance costs associated with the overhead structure in the County
unincorporated area. The City approved this agreement on February 19, 2009.
FINANCIAL IMPACT
All future lighting maintenance costs relative to the State Street/University Parkway Overhead
Structure shall be funded by the County Road Fund budget (SAA-TRA-TRA) for those portions
within the County unincorporated area.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jean-Rene Basle, Principal Assistant County
Counsel, 387-5477) on September 23, 2008; County Administrative Office (Tom Forster,
Administrative Analyst, 387-4635) on March 12, 2009.
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3/24/09 #28
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2009-26
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COUNTY OF SAN BERNARDINO
FAS
STANDARD CONTRACT
ROD rnmVTV Tffi:Ji' tJNT V
EXHIBIT "1"
. ~._-_.._- -- --.--
X New Vendor Code' Dept. 6(r.::,~~
- Change SC TRA A
Cancel
County Department Dept. Orgn. Contractor's license No.
Public Works - Transoortation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
Brendon Biaas 90g 387-8166 $0
Contract Type
o Revenue o Encumbered IXl Unencumbered o Other:
If not encumbered or revenue contract type, provide reason: Maintenance Anreement
Commodity Code I Contract Start Date Contract End Date Original Amount This Amendment
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
SM TRA TRA 200 2445 01H14157 $0
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Orig. Amount
Project Name Estimated Payment Total by Fiscal Year
State Street Overhead FY Amount 110 FY Amount 110
Lighting
Maintenance
- -
Contract Type - Special - -
(Risk Management Approved)
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the COUNTY, and
CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418-0001
Telephone FederallD No. or Social Security No.
(909) 384-5211
Name
Address
hereinafter called:
CITY
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IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the County of San Bernardino (COUNTY), the City of San Bernardino (CITY), and
San Bernardino Associated Governments (SANBAG) entered into an agreement (Railroad
Agreement) regarding construction of the railroad overhead structure and new roadway alignment to
carry State Street/University Parkway traffic over and across BNSF's "Rail Corridor" and tracks by
means of a concrete structure to be known as the State Street/University Parkway Grade Separation
(Structure); and
WHEREAS, under the Railroad Agreement, the CITY has agreed to maintain all of the lighting
for the entire structure and COUNTY has agreed to reimburse the CITY for the costs to maintain that
portion of the structure lighting, including energy costs, that is located within COUNTY's ownership of
the Structure; and
WHEREAS, two additional meters for the traffic signals and two additional meters for the
street lights and additional soffit lights, as shown on the City's street light wiring diagrams were
installed during the construction of the Structure , to serve Nolan Street, Short Street and Cajon
Boulevard at State Street in the COUNTY unincorporated area; and
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2009-26 .
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WHEREAS, the energy costs associated with the additional meters have been assigned to the
COUNTY for Southern California Edison (SCE) invoices; and
WHEREAS, it is anticipated that the funding for the maintenance and repair of Structure
lighting will be from COUNTY road funds; and
WHEREAS, the COUNTY and the CITY desire to set forth responsibilities and obligations of
each as pertains to maintenance of the street lights for the above listed streets.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Operate and maintain the lighting along Nolan Street, Short Street, and Cajon Boulevard at
State Street, as shown on the City's street light wiring diagram within the unincorporated area
of the COUNTY.
1.2 Invoice the COUNTY for 100 percent of the costs for the lighting maintenance that is within
COUNTY's ownership of the Structure as defined in the Railroad Agreement.
2.0 COUNTY AGREES TO:
2.1 Permit the CITY to operate and maintain the lighting along Nolan Street, Short Street, and
Cajon Boulevard at State Street, as shown on the City's street light wiring diagram within the
unincorporated area of the COUNTY.
2.2 Reimburse the CITY 100 percent of the costs for the lighting maintenance that is within
COUNTY's ownership of the Structure as defined in the Railroad Agreement.
2.3 Upon receipt of the invoice from SCE, to pay 100 percent of the energy cost associated with
the State Street Overhead Structure.
3.0 IT IS MUTUALLY AGREED:
3.1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to property arising
from the negligence of the COUNTY, its officers, employees, agents or volunteers in
connection with COUNTY's performance of its obligations under this Agreement.
3.2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to property arising
from the negligence of the CITY, its officers, employees, agents or volunteers in connection
with CITY's performance of its obligations under this Agreement.
3.3 In the event the COUNTY andlor the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement,
the COUNTY andlor CITY shall indemnify the other to the extent of its comparative fault.
Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers'
Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged
negligence of the employee shall not be construed against the employer of that employee.
3.4 In the event of litigation arising from this agreement, each Party to the agreement shall bear
its own costs, including attorney fees. This paragraph does not apply to costs or attorney fees
relative to Paragraphs 3.1 and 3.2 relating to indemnification.
3.5 COUNTY and CITY are authorized self-insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that
through their programs of self-insurance, they have adequate coverage or resources to
protect against liabilities arising out of COUNTY and CITY's performance of this Agreement.
3.6 The terms and conditions set forth in the original Railroad Overhead Agreement (Agreement
No.07-0016, dated 1/9/07) between Burlington Northern and Santa Fe Railway Company, San
Bernardino Associated Governments, the COUNTY and the CITY shall continue in full force
and effect.
3.7 This Agreement may be cancelled upon thirty (30) days written notice of either Party.
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2009-26 .
This Agreement contains the entire ~greeTTlent of the Parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both parties.
This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement, shall be
instituted and prosecuted in the appropriate state court in the County of San Bernardino,
California.
Time is of the essence 'for each and every provision of this Agreement.
Since the Parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed simply, according to its fair meaning, and
not strictly for any or against any Party. Any term referencing time, days or period for
performance shall be deemed work days. The captions of the various articles and paragraphs
are for convenience and ease or reference only, and do not define, limit, augment, or describe
the scope, content, or intent of this Agreement.
No waiver of any default shall constitute a waiver of any other default or brief, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a Party shall give the other Party any contractual rights by custom, estoppel,
or otherwise.
If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect,
unless the purpose of this agreement is frustrated.
This Agreement may be signed in counterparts, each of which shall constitute an original.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties.
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
Dated:
SIGNED AND CE
DOCUMENT H
CHAIRMAN
By
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SAN BERN
e
of corporation, company, contractor, efc.)
airman, Board 0 Supervisors
MAR 2 4 7nnq
Name Mark Wp; nbf!r2
(Print or type name of person signing contract)
Title
Interim City Manager
(Print or Type)
Dated:
~,I;<;~//J 7
300 North "D" Street
Address
San Bernardino, CA 92418
:VieW"2J::;(~u
7-1'3-01
3/;0/01
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Department Head h !t.
Date 3 /3 01
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Date
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