Loading...
HomeMy WebLinkAbout2010-212 1 RESOLUTION NO. 2010-212 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). 5 6 7 8 9 10 11 12 13 14 15 16 III 17 III 18 19 20 21 22 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 The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 23 24 25 26 27 28 - I - 2010-212 1 RESOLUTION... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT 2 WITH THE CITY OF COLTON FOR MAINTENANCE OF A GRADE SEPARATION ON HUNTS LANE AT THE UNION PACIFIC RAILROAD (SS04-51). 3 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 6 7 4 21st day of June ,2010, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x x x x KELLEY 13 14 15 16 17 18 19 20 21 22 23 24 x JOHNSON x MC CAMMACK x Q~b.~ City Clerk The foregoing resolution is hereby approved this 22nd day of June ,2010. Approved as to form: J. Morris, San Bernardino JAMES F. PENMAN, City Attorney 25 BY\~ ~ .~l-.Sl.;?J..(\(<L\'''-d. 26 :~ 27 28 - 2 - 2010-212 I APPROVED fW! CITY [{ft~CIL Date "2 CYI item # AGREEMENT ("Hunts Lane at UPRR Grade Separation") This Agreement ("AGREEMENT") is dated June 21 , 2009, between the City of Colton, a municipal corporation ("COLTON") and the City of San Bernardino, a municipal corporation ("SAN BERNARDINO"), both political subdivisions of the State of California and is with reference to the following: RECIT ALS: 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, graffiti abatement, 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. Maintenance Agreement June 1, 2009 1. 2010-212 C. The new storm drain (Lateral No. 11 and Lateral No.3) paralleling 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. II storm drain system is primarily collecting run-off from SAN BERNARDINO jurisdiction (except catch basin No.9 in COLTON near Oliver Homes Road). Lateral No. II and portions of the other connecting laterals are located within COLTON. Lateral No.3 storm drain system south of manhole No.2 at Hunts Lane and Commercial Road is primarily located within COLTON and collecting run-off from COLTON jurisdiction (except a portion of Lateral No. I and catch basin No. I at the end of this lateral in SAN BERNARDINO). Lateral No. 6 storm drain system east of manhole No. 3 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, graffiti abatement, 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 final design will be in accordance with approved PROJECT plans. Maintenance Agreement June I, 2009 2. 2010-212 Structural Bridge Inspection: Caltrans will perform the routine bridge inspection 180 days after completion and every 24 months thereafter, including post major earthquake 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 DirectorlCity 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 final landscaping and irrigation design will be in accordance with approved PROJECT plans, F. Each City will be responsible for the utility usage fees (water and electrical) for the landscaping and lighting within the limits of its maintenance 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 Maintenance Agreement June I, 2009 3. 2010-212 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 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. Emergency access to the west end of the tunnel is from Riverwood Street through Mountain Woods Street cul-de- sac. Both Colton and San Bernardino will have their own lock and key for gates at Riverwood Street and Mountain Woods Street cul-de-sac. AGREEMENT NOW, THEREFORE, in consideration ofthe 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.3 storm drain system located within COLTON north of the manhole No. I, 2. Assume full responsibility and liability for any damage created at any location within the Lateral No. 3 storm drain system (including the portions maintained by SAN BERNARDINO) if caused by a problem in the portion of Lateral No. 3 storm drain system located within COLTON. 3. To perform the periodic inspection, maintenance, repairs, and replacement of Lateral No. 15 and Lateral No. 16 storm drain systems located within COLTON. 4. Assume full responsibility and liability for any damage created at any location within the Lateral No. II storm drain system (including Lateral No. 14, Lateral No. 17, Lateral No. 18 Maintenance Agreement June I, 2009 4. " 2010-212 and Lateral No. 19 located within SAN BERNARDINO), if caused by a problem in the portion of Lateral No. 15 and Lateral No. 16 located within COLTON. 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 I 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, graffiti abatement, 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 of the Maintenance Agreement June 1,2009 5. 2010-212 emergency access tunnel as well as locks on Riverwood Street gate and Mountain Woods Street cul-de-sac gates, facilitating emergency access through the access tunnel. COLTON 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 of 20 feet in width. II. To allow SAN BERNARDINO to perform the periodic inspections, maintenance, repairs, and replacement of the portions of Lateral No. I, Lateral No.6, Lateral No. II, Lateral No. 14 and Lateral No. 1710cated in COLTON. 12. To perform inspection and maintenance of the portion of the 10" water line cross- over located within SAN BERNARDINO jurisdiction at Riverwood Street intersection. 13. To mutually agree upon any repairs to the Hunts Lane Grade Separation bridge recommended by Caltrans following 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 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: I, To perform the periodic inspections, maintenance, repairs and replacement of Lateral No, II storm drain system located within COLTON south of manhole No.8 at Hunts Lane and Oliver Holmes Road, 2. Assume full responsibility and liability for any damage created at any location within the Lateral No. 11 storm drain system if caused by a problem in the portion of Lateral No. II Maintenance Agreement June I, 2009 6. .. 2010-212 located within COLTON or if caused by a problem in the portion of Lateral No. 17, Lateral No. 18 and Lateral No. 19 located within SAN BERNARDINO. 3. To perform the periodic inspections, maintenance, repairs and replacement of Lateral No. I, Lateral No.6, Lateral No.7, Lateral No.8, Lateral No.9, Lateral No. 10, Lateral No. 14, Lateral No. 17, Lateral No. 18 and Lateral No. 19 (including portions of each located in COLTON). 4. Assume full responsibility and liability for any damage created at any location within Lateral NO.3 storm drain system, Lateral No. 15, and Lateral No. 16; if caused by a problem within Lateral No.1, Lateral No. 6 storm drain system, Lateral No. 14, Lateral No, 17, Lateral No. 18, or Lateral No. 19. 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, graffiti abatement, 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 altematively with COLTON 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 COLTON. Maintenance Agreement June I, 2009 7. . 2010-212 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. 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 tlrrough 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 of 20 feet in width. 11. To mutually agree upon any repairs to the Hunts Lane Grade Separation bridge recommended by Caltrans following 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 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: 1. COLTON and SAN BERNARDINO shall each be responsible for their own fees and the costs of staff time tlrrough the term of this AGREEMENT. Maintenance Agreement June 1, 2009 8, .. 2010-212 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 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 defined 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 of this AGREEMENT. Both cities agree to respond to issues in a timely marmer, 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. Maintenance Agreement June 1,2009 9. .. 2010-212 '. 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. (b) Notwithstanding Article C, Section 6(a) above, said Section 6(a) provlSton 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 may or 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 180 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. Maintenance Agreement June I, 2009 10. 2010-212 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. By By: Printed Name: ames F. Penman Title: Citv Attornev Maintenance Agreement June 1,2009 CITY OF COLTON By K~aiin ~ Mayor, City of Colton ATTEST: By C1JJLAe~1 OI/~ Printed Name: OL-IVIA R FL-DJE-tS Title: C-I-jIEPhEPIA.T'/ ell'! CLLI2L 11.