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Home My WebLink About18-Development Services ORiGINAL CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution approving an Agreement with the City of Colton for maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (UPRR) south of Redlands Boulevard (SS04-51). Dept: Development Services Date: August 21, 2008 MCC Date: 09/15/08 Synopsis of Previous Council Action: 06/17/02 Approved preliminary design alternatives for grade separations at State Street !University Parkway and Hunts Lane. 08/20/07 Adopted 5-Year Capital Improvement Program (CIP) which included Project No. SS04-51 "Hunts Lane Grade Separation". Recommended Motion: Adopt Resolution. ~ {;.f(1dY Valerie C. Ross Contact person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Vicinity Map, Resolution, Ward: 3 & Agreement (Attachment "A") FUNDING REQUIREMENTS: Amount: None Source: (Acct. Nos.) 135-378-5504-7323 Acct. Description: SS04-51 "Hunts Lane Grade Separation" Council Notes: go z~-.3 ~4:> Agenda Item No. -Lf> q'/~-oe CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving an Agreement with the City of Colton for maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (UPRR) south of Redlands Boulevard (SS04-51 ). Background: In 2001, the State appropriated Transportation Congestion Relief Program (TCRP) funding statewide in the amount of $95 million to mitigate impacts along the Alameda Corridor East. The funding flowed to the local County Transportation Commissions. On June 6, 2001, the San Bernardino Associated Governments (SANBAG), Transportation Commission for San Bernardino County, approved funding to the Cities of San Bernardino and Colton for a grade separation at Hunts Lane. Hunts Lane is split 50-50 between the City of Colton and the City of San Bernardino. Due to the size and complexity of the project, SANBAG offered to design and construct the grade separation. Since there was no direct cost to the cities, it was deemed to be in the interest of both cities to allow SANBAG to design and construct the project. A letter was sent by the City of Colton on behalf of both cities requesting that SANBAG assume responsibility for the work. On June 17, 2002, the preferred alternative to construct a bridge (viaduct) on Hunts Lane was approved by the Mayor and Common Council. SANBAG completed the design and was ready to construct the project in 2003; however, a budget shortfall caused the State to place the TCRP on hold. No other funding source was available, so the project was shelved. In 2005, TCRP funding was released and the grade separation program moved ahead. The Hunts Lane project was short of funds, but was backfilled by savings from the State StreetlUniversity Parkway grade separation, which is presently under construction, and some Federal money. However, the introduction of Federal monies created the requirement for National Environmental Policy Act (NEPA) clearance so construction has been delayed pending Caltrans and FHW A approval of the environmental document. SANBAG is in the process of completing a Construction and Maintenance Agreement with the Union Pacific Railroad for the project. Prior to approval of the railroad agreement, SANBAG will need an Agreement between the Cities of San Bernardino and Colton committing each City to maintain the roadway, bridge and related improvements, including sidewalks, curbs & gutters, storm drains, medians, street lights, signs, fencing, gates, walls, access tunnel, bridge railing, landscaping and irrigation, etc. physically located within the respective jurisdiction of each city. For practical reasons, San Bernardino will have some maintenance obligations outside its jurisdictional boundary. In particular, the City of San Bernardino will maintain the median island north of the bridge in its entirety, including landscaping and irrigation in the median island. Colton will maintain the median island south of the bridge in its entirety, including landscaping and irrigation in the median island. The Agreement provides for cooperation between the two Cities where maintenance obligations cross City limit lines. The maintenance obligations are approximately equally split between the two cities. 2 CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT (Continued) Maintenance of streets and roads within the City of San Bernardino is consistent with the City's obligations under the Streets and Highways Code. The Public Services Department has sufficient labor, equipment and materials necessary to meet the City's street maintenance obligations. The addition of the requirement to maintain Hunts Lane grade separation and related improvements will not impair the City's ability to properly maintain its streets. Financial Impact: This project is being 100% funded by SANBAG using a combination of TCRP funds and Federal monies. Therefore, there is no cost to the City except minor staff costs which will be charged to Account No. 135-378-5504-7323 SS04-51 "Hunts Lane Grade Separation". The cost of San Bernardino's perpetual maintenance obligations as defined in the Agreement is included in the Public Services Department budget. Recommendation: Adopt Resolution. Attachments: "I" - Location Map "2" - Letter from City of Colton dated June 12, 200 I. "3" - Resolution 3 City of San Bernardino, California Department of Public Works, Division of Engineering CIP No. SS04-51 GRADE SEPARATION FOR HUNTS LANE FROM COMMERCIAL RD TO OLIVER HOLMES RD 607 :t~~ 5 ~'> Vl.....i4: 00. ~i8 q..____ =-.L.. ~/ "'"" .., PUBLIC OOtFCClRSE Vl RIV R .u"r / ~~~1~f~~_~.8: .r 3~::S3l rCIR 1<x('1!t+. ,_.1- Ig tz,gs I' ne,(\1l.1" ~ '~~"V: .-'" tl:J U'JI' wf M~'-_LU .:pI'" .... ::!!lti,1 ~l ~ [____--'-' \)~ i~..... ,~ "'"i~~\l- :5 ~"lU:m II ~I E Vll~~ ~,'Jll \l.. _I- __Vll___,_"'_~!~_,,:_'d_W~ JTALll!' _~__ __nL. , W~,HOSf'rrAlIl'1' I LN Il:JO ",' (,l"':I~'A. if- S ~<> "lJ'l 1 "")t;./rI [If) Vl 'g: E S1'~ i ~ \J 1M .. 3 'FRW, 400 , "1~ FS .. < t/i'. /""~(, iiJa Jry1e/1 Vli~ r t ";'\1<), ~.- ~ 500 n. - ~!~~IJ!!_ ,_ TRI CITY LN SlClPPI"'. CENTER , CAR/{ 7DO'fr;/(" '-,,-- ~'j :::;/ '-"i!/S 1/ / f VNOORI1L' _ --w-- REOlAN BLV I .~ tfi!(AI()LlNE/ ( - 1.00511 ;i:8 i ~I~ <1 I 0::; Vii::;;l :I[ !I I SPr I I , ~ .-~.._lli"l~rRIM Vltilt; lID'" f.llM6C;.l.L i' U''''JtI''''-...!~.: "'.::1:;; RD ;' ["j.lmR~LR.lJ / '~' - -;~ ~OQ.(. '\' 2" ~~' '4..-' ' <::.'<, VICINITY MAP N.TS. SSM-51 86/12/2881 14:45 ~~~;-- /:llii)- r.:t ~ ! ';" ~",.7;71' ,. t 'J. ~j; \ , I em COUNCIL Oeirdl1! H. BItI_ MaYClr 00naId l. Sanckn ll1>lriet 1, MayOr Pre Tom 1Ild1.r~ OelaRosa Difitrict 2. fU)A Olalrman Kelly l. Cllastiln D1S1l1ct 3 HI'en A. flall\O$ QiSll1a4 Deirdre H. alMelt Mayor Sa~ S. lam0t3 D,.tnet 6 CITY MANAGER HlnlY T. Garcia Civic Center 650 N La Cadena Or Colton, CA 92324 909 370 5051 9893785183 ca. T[).l CITY MANAGEI< I""l-\UI:. t:J'" .. I' -"7 June 12,2001 Gary Moon, Director, freeway Co~struction San Bernardino AssoclatedGover~ments 472 N Arrowhead Ave . San Bernardino, CA 924011421 ~ ! Dear Gary: I . , At the SANBAG Meeting on Wednesday, June 6, 2001, the Board approved fundlng for the grade separation at Hunts Lane. trhe funding for this project is available from the initial $95 million appropriated by the dovernor for grade separation projects along the Alameda Corridor East . ! , After reviewing this project with ~e engineering staff from tile aty of Colton, and lengthy discussions with staff from the CI of San Bernardino, we jolntly agreed neither City has the staff to properly hand the ad inlstratlon and contract management associated with the construction of thiS Project.~ therefore Jointly request SANBAG administer the project. However, since thiS pr affects both cities, WI;! SIn~81y request inclusion in the meetings relative to the desi n and construction or this grade separatiOn project. In addition, we wISh to negotiate administrative reimbursement for the respective cities for work performed by our staff relat' ng to the design and construction of the project. Both cities realize there are certain In- ouse costs directly assoctated wltIJ the project. These costs are chargeable to the proj and the cities believe SANBAG should provide this reimbursement. i Both cities anxiously await the C(jmpletion of the Hunts Lane Grade Separation Project and anticipate the tremendous bene~ for our respectiVl: citizens and businesses. We look forward to a great working relati nship and we have f!)fery confidence in your tremendous sldll and ability to deliver. Klndl contact me at 909 370 5051 and Ray Casey at 909 384 Slll regarding thIS project. . Thank you again for your assistahce on previOUS projects and we look forward to working with you on this project. I Sincerely, Kathy A. Klvley Acting Public Works Director C: Mayor and Members of tbe City Council Daryl Parrish, City ManaRer James King, engineering, Supervisor . Ray E. Casey, City Engln~r, Oty of San Bernardino Anwar Wagdy, Traffic Er(llineer, City of San Bernardino '11 Doc,me.1s ~rojods Tr_~on GrIIa $JpIIallons Hunts line I.eICI AIl.nq Tlln......I..12ilOO1.do< ]UN-12-2001 15:52 9093705183 987. P.02 (CO~lf 1 RESOLUTION NO. 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 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 III 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. 17 III 18 19 20 21 22 23 24 25 26 27 28 -II /J? '1.;S t)~ - 1 - 18 19 20 21 22 23 24 25 26 27 28 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). 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: 7 Council Members: 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 14 JOHNSON 15 MC CAMMACK 16 17 AYES NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this day of ,2008. Approved as to form: Patrick J. Morris, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney B(f- 1.f~ - 2 - f7~ ATTACHMENT "A" . AGREEMENT ("Hunts Lane at UPRR Grade Separation") This Agreement ("AGREEMENT") is dated , 2008, 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: 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 Road/Redlands 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 R 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_2008-08-04 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 final design will be in accordance with approved PROJECT plans. Structural Bridge Inspection: Caltrans will perform the routine bridge inspection 180 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 Director/City 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 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 Agreement_2008-08-04 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. I 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. ] storm drain system (including the portion maintained by SAN BERNARDINO) if caused by a problem in the portion of Lateral No. I 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 I 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 (includ ing 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 repl,!-cement 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 emergency access tunnel, facilitating emergency access through the access tunnel. COLTON Final Colton-S8 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 of 20 feet in width. 11. 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 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 ofthe 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: I. 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. t::t . 3. To perform the periodic inspections, maintenance, 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 RECITALS: 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 ofthe 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 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 DPRR. 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 of this 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..Qg..Q4 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 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 COL TON 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 soive any issue that develops during the term of this 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-SB Hunts Lane Agreement_2008"()8"()4m 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 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. Final Colton.SB Hunts Lane Agreement_200S.08...Q4 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 CITY OF COLTON By By Lori Sassoon Interim Acting City Manager Kelly J. Chastain Mayor, City of Colton A TIEST: By Printed Name: Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: ,f~ Print a ame: James F. 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[3 g t:; ~ ~ ~ i ~ ~ ~~ ~ '" - t:: ia /: ...J g;: u- " ~ - ~ ~ z o I . , I ,~ I . 'I: ;1 ~ A ~ . , I , ,. ~ ~ '5 . I- ~ ,~ "e ~b ! "'I~'" =:'t:> =:; ':::;i:l ~~, ,~, i~ ~~g ...2 .."'z . I I ! I I l I II I ~. ~. u. z. ",I I ~l 'I i:;"nf! ~~Uj! ~ .. .. "= i2 13 u ~ 5 i l I , ~ ~ ~ . I , ~~; , < :; ,~ I .. ~ -.. I !~ J~ AGREEMENT ("Hunts Lane at UPRR Grade Separation") This Agreement ("AGREEMENT') is dated , 2008, 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: RECITALS: A. An existing at-grade roadway-railroad crossing on Hunts Lane between Commercial Road to the south and 0 liver Ho Imes 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 Road/Redlands 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 defmed 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 defmed in this AGREEMENT. Final Colton-S8 Hunts Lane Agreement_2008-08-04 I. C. The new storm drain (Lateral No. 14 and Lateral No.1) 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. 1 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.1 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 pOltions 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 final design will be in accordance with approved PROJECT plans. Structural Bridge Inspection: Caltrans will perform the routine bridge inspection 180 days after completion and every 24 months thereafter, including post major earthquake Final Colton.SB Hunts Lane Agreement_2008-08-04 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 Director/City 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 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 Agreement_200S-08-04 3. tr--. . 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 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. I 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. I' 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-58 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 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 I 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 COL TON. 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 emergency access tunnel, facilitating emergency access through the access tunnel. COLTON Final Colton-SB Hunts Lane Agreement_2008-OS..o4 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 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.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 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 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: I. 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.1 located within SAN BERNARDINO. Final Colton-S8 Hunts Lane Agreement_2008.o8-04 6. 3. To perform the periodic inspections. maintenance. 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 RECITALS: 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.o4 7. ] O. 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 Ca]trans 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. ]2. 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: ]. COLTON and SAN BERNARDINO shall each be responsible for their own fees and the costs of staff time through the term of this 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-S8 Hunts Lane Agreement_2008-08-04 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 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 COL TON 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 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-SB Hunts Lane Agreement_2008-08-04 9. f!> . (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 ofthe 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 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. Final Colton-58 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 Sassoon Interim Acting City Manager APPROVED AS TO FORM: Final Colton.SB Hunts Lane Agreement_2008-OS..o4 CITY OF COLTON By Kelly J. 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