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HomeMy WebLinkAbout2014-421 RESOLUTION NO. 2014-421 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE COUNTY OF 3 SAN BERNARDINO FOR TRANSFER OF RIGHT-OF-WAY AND MAINTENANCE OF A CERTAIN PORTION OF INSTITUTION ROAD SOUTHWESTERLY OF 4 CAJON BOULEVARD IN THE CITY OF SAN BERNARDINO, AND CONSENTING TO THE ESTABLISHMENT OF THAT PORTION OF INSTITUTION ROAD AS A 5 COUNTY HIGHWAY. 6 WHEREAS, Institution Road, from .32 miles northeast of Verdemont Ranch Road to 7 .26 miles southwest of Cajon Boulevard (which point is at the intersection of Institution Road 8 9 and the southwest right-of-way line of the Union Pacific Railroad ("UPRR")) (said reach is 10 hereinafter referred to as the "Subject Reach of Institution Road"), lies within the 11 jurisdictional limits of the City; and 12 WHEREAS, the County of San Bernardino and the City wish to formalize an 13 Agreement establishing responsibilities and obligations of each regarding right-of-way and 14 15 maintenance of the Subject Reach of Institution Road; and 16 WHEREAS, approval of such an Agreement is in the best interest of the City; and 17 WHEREAS, Section 1700 of the California Streets and Highways Code states that the 18 board of supervisors of any county may, by resolution adopted by a four-fifths vote of its 19 members, declare any highway in the county lying in whole or in part within a city to be a 20 21 county highway for one or more of the following purposes: acquisition of right-of-way, 22 construction, maintenance, improvement or repair; and 23 WHEREAS, Section 1701 of the California Streets and Highways Code states that the 24 governing body of a city may, by ordinance or resolution, consent to the establishment of the 25 proposed county highway and that upon the taking of effect of the ordinance or resolution 26 27 containing such consent by a city, the portion of such highway shall become a county 28 1 highway for one or more of the purposes described in Section 1700 of the Streets and 1 2 Highways Code. 3 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 4 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The City Manager is hereby authorized and directed to execute on 6 behalf of the City, an Agreement with the County of San Bernardino for transfer of right-of- 7 way and maintenance responsibility for Institution Road southwesterly of Cajon Boulevard, 8 9 attached and incorporated herein as Exhibit "A". 10 SECTION 2. The Mayor and Common Council hereby consents to the establishment 11 of the Subject Reach of Institution Road as a County Highway of the County of San 12 Bernardino. 13 SECTION 3. The above-referenced Agreement shall not become effective until it is 14 15 approved by the Board of Supervisors of the County of San Bernardino. If the Agreement is 16 not approved by the Board of Supervisors of the County of San Bernardino within 6 (six) 17 months of the adoption of this Resolution, then the City's approval of the Agreement is 18 rescinded. 19 20 21 22 23 24 25 26 27 28 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE COUNTY OF 2 SAN BERNARDINO FOR TRANSFER OF RIGHT-OF-WAY AND MAINTENANCE OF A CERTAIN PORTION OF INSTITUTION ROAD SOUTHWESTERLY OF 3 CAJON BOULEVARD IN THE CITY OF SAN BERNARDINO, AND CONSENTING TO THE ESTABLISHMENT OF THAT PORTION OF INSTITUTION ROAD AS A 4 COUNTY HIGHWAY. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 8 the 15th day of December, 2014, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 BARRIOS x 13 VALDIVIA x 14 SHORETT x 15 NICKEL x 16 17 JOHNSON x 18 MULVIHILL x 19 20 Geor nn Hanna, dity Clerk 21 l The foregoing resolution is hereby approved this r ' day of Dec e ber, 2014. 22 23 24 R. CAREY D IS, Mayor City of San B mardino 25 26 Approved as to form: GARY D. SAENZ, 27 City Attorney 28 By: � (��D 3 2014-421 FOR COUNTY USE ONLY New FAS Vendor Code Dept. Contract Number `OUNT Change ��R""°IN CITYOFS772 SC TRA _ Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. Public Works—Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Eric D.Jacobsen, (909)387-8166 Supervising Transportation Analyst FAS Contract Type Revenue 1771 Encumbered F1 Unencumbered M Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: JAcquisition and Maintenance Agreement Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No Amount SAA TRA TRA $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Institution Road FY Amount I/D FY Amount I/D THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called CITY Address 300 N. "D" Street San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5141 IT IS HEREBY AGREED AS FOLLOWS: WITNESSETH WHEREAS, Institution Road, from .32 miles northeast of Verdemont Ranch Road to .26 miles southwest of Cajon Boulevard (which point is at the intersection of Institution Road and the southwest right-of-way line of the Union Pacific Railroad ("UPRR")) (said reach is hereinafter referred to as the "SUBJECT REACH OF INSTITUTION ROAD"), lies within the jurisdictional limits of the City of San Bernardino (hereinafter referred to as "CITY"); and WHEREAS, the SUBJECT REACH OF INSTITUTION ROAD has not been declared a CITY street and is not maintained by the CITY; and Auditor-Controller/treasurer Tax Collector Use Onl 0 Contract Database ❑FAS Input Date Keyed By Page 1 of 7 2014-421 WHEREAS, Institution Road, including the SUBJECT REACH OF INSTITUTION ROAD, provides primary access to the Glen Helen Rehabilitation Center and the Frank Bland Regional Training Center (hereinafter referred to as "COUNTY FACILITIES"), both of which are owned and operated by the County of San Bernardino (hereinafter referred to as "COUNTY"); and WHEREAS, COUNTY desires to develop a project to reconstruct, maintain, improve, and/or repair, the roadway surface on the SUBJECT REACH OF INSTITUTION ROAD to the COUNTY FACILITIES; and WHEREAS, CITY owns right-of-way on that portion of Institution Road under, over and across UPRR right- of-way; and WHEREAS, San Bernardino Associated Governments (SANBAG) currently has right-of-way and a road easement along Institution Road, from Cajon Boulevard to the point at the intersection of Institution Road and the northeast right-of-way line of UPRR; and WHEREAS, SANBAG will transfer the right-of-way and road easement on Institution Road from Cajon Boulevard to the point at the intersection of Institution Road and the northeast right-of-way line of UPRR to CITY upon completion of the Palm Avenue Grade Separation Project (Grade Separation Project); and WHEREAS, CITY has partnered with SANBAG on the Grade Separation Project; and WHEREAS, CITY/SANBAG's Grade Separation Project involves the construction of a two-lane bridge over Burlington Northern Santa Fe (BNSF) railroad tracks to eliminate the need for motorists and emergency vehicles to wait for trains to pass; and WHEREAS, CITY's Grade Separation Project will physically improve the easterly portion of Institution Road, as well as improve traffic circulation on the entire reach of Institution Road; and WHEREAS, CITY will continue to maintain the portion of Institution Road described in the fifth recital, above, and, upon completion of CITY's Grade Separation Project and conveyance of the associated right-of-way to CITY, CITY will maintain and continue to maintain the reach of Institution Road, described in the sixth recital above, and Palm Avenue within the Grade Separation Project limits illustrated in Exhibit 2 attached to this agreement and incorporated herein by this reference; and WHEREAS, as provided below, CITY will also accept into its maintained street system the portion of the SUBJECT REACH OF INSTITUTION ROAD that starts at the COUNTY's solid waste access road, which is .40 miles west of Cajon Boulevard, and ends at the southwest right-of-way line of UPRR, when/if any parcel that adjoins said reach of Institution Road is/was approved by CITY for occupancy, and development on a parcel adjoining that portion of the roadway is used for access to that parcel, and COUNTY declares that stretch of Institution Road to no longer be a COUNTY highway under Streets and Highways Code section 1704, as illustrated in Exhibit 1 attached to this agreement and incorporated herein; and WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to the SUBJECT REACH OF INSTITUTION ROAD. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Consider adoption of a resolution, pursuant to section 1700 of the California Streets and Highways Code, which declares the SUBJECT REACH OF INSTITUTION ROAD a COUNTY highway for the purposes of right-of-way acquisition, construction, maintenance, improvement, and repair, and accepts the SUBJECT REACH OF INSTITUTION ROAD into the County Maintained Road System. Revised 03/22/2012 Page 2 of 7 2014-421 1.2 Forward a copy of the resolution, if adopted pursuant to Paragraph 1.1, to CITY as required by section 1701 of the California Streets and Highways Code. 1.3 Provide at least 60 days' notice to CITY before filing a resolution with CITY's Clerk as provided in Section 2.3 below. 2.0 CITY AGREES TO: 2.1 Consider adoption of a resolution, pursuant to section 1701 of the California Streets and Highways Code, that consents to the establishment of the SUBJECT REACH OF INSTITUTION ROAD in the CITY as a COUNTY highway should the COUNTY adopt a resolution pursuant to Paragraph 1.1 of this Agreement. 2.2 For development fronting the SUBJECT REACH OF INSTITUTION ROAD: 2.2.1 Require developers to properly mitigate development impacts. 2.2.2 Review and approve street improvement plans associated with the development fronting Institution Road. 2.2.3 Inspect and approve the work performed by developers. 2.2.4 Coordinate with COUNTY to facilitate the construction of the required road improvements by the developer. 2.2.5 Notify the COUNTY Director of Public Works when the developers have completed development of the parcels fronting Institution Road. 2.2.6 Cooperate with COUNTY in performing inspections of the work performed. 2.2.7 Accept into CITY's maintained street system that portion of the SUBJECT REACH OF INSTITUTION ROAD that starts at the COUNTY's solid waste access road and ends at the southwest right-of-way line of UPRR when/if any parcel that adjoins said reach of Institution Road is/was approved by CITY for occupancy, and development on that parcel uses that portion of Institution Road for access to that parcel, and COUNTY declares that stretch of Institution Road to no longer be a COUNTY highway. 2.3 Consider adoption of a resolution or resolutions, pursuant to section 1806 of the California Streets and Highways Code, to accept the SUBJECT REACH OF INSTITUTION ROAD, or a portion of the SUBJECT REACH OF INSTITUTION ROAD, into the CITY street system within ten (10) calendar days after COUNTY files the resolution that results in the relinquishment with the CITY's Clerk pursuant to Streets and Highways Code section 1704. 2.4 Maintain Institution Road, from Cajon Boulevard to the southeast right-of-way line of UPRR, commencing no later than the completion date of the Grade Separation Project. 2.5 Continue to maintain the portion of Institution Road under, over and across UPRR right-of- way. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify and hold harmless CITY and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from the COUNTY's negligent acts or omissions which arise from the COUNTY's performance of its obligations under this agreement. 3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of its obligations under this agreement. 3.3 In the event the COUNTY and/or 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 and/or CITY shall indemnify the other to the extent of its comparative fault. 3.4 In the event of litigation arising from this Agreement, each Party to the agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to Paragraphs 3.1 through 3.3. 3.5 The CITY and COUNTY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation Revised 03/22/2012 Page 3 of 7 2014-421 and CITY and COUNTY warrant that through their programs of self-insurance, CITY and COUNTY have adequate coverage or resources to protect against liabilities arising out of CITY's and COUNTY's performance of this Agreement. 3.6 Except for the indemnification obligations provided in Paragraphs 3.1 through 3.4 which shall survive termination of this Agreement, this Agreement shall terminate if: 3.6.1 COUNTY and CITY do not, within six (6) months from the effective date of this Agreement, adopt resolutions pursuant to Paragraphs 1.1 and 2.1, in which case this Agreement terminates at such time; or 3.6.2 COUNTY and CITY adopt resolutions pursuant to Paragraphs 1.1 and 2.1 and COUNTY later adopts a resolution or resolutions that relinquishes or relinquish the entire SUBJECT REACH OF INSTITUTION ROAD, in which case this Agreement shall terminate ten (10) calendar days after COUNTY files the resolution that results in the relinquishment with the CITY's Clerk pursuant to Streets and Highways Code section 1704. Paragraph 2.3 shall survive termination of this Agreement. 3.7 This Agreement contains the entire agreement 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. 3.8 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 tried in the appropriate state court located in the County of San Bernardino, California. 3.9 Time is of the essence for each and every provision of this Agreement. 3.10 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. 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. 3.11 No waiver of any default shall constitute a waiver of any other default or breach, 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. 3.12 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. 3.13 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.14 The Recitals are incorporated into the body of this Agreement. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties. Revised 03/22/2012 Page 4 of 7 2014-421 COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ► By ► Janice Rutherford, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Dated: Name Allen J. Parker (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title City Manager CHAIRMAN OF THE BOARD (Print or Type) Laura H. Welch Dated: Clerk of the Board of Supervisors of the County of San Bernardino By Address 300 N. D Street, 6th Floor Deputy San Bernardino CA 92418 Approved as to form: Gary enz, City of San Bernardino City Attorney Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► ► Scott Runyan, Deputy County Counsel Grant C.Mann,Chief Gerry Newcombe,Department Head Date Date Date Revised 03/22/2012 Page 5 of 7 2014-421 EXHIBIT I m o a g two J 0 0 .G 4 0 k up V 12 a.. df0 Z .... c� L}. 0 ._.. 0 'm „ z 0 doom mow..mw VM W d C tJ C Revised 03/22/2012 Page 6 of 7 2014-421 EXHIBIT 2 s� o- dwVa d0'N* s0 1lV OMa�7 ,; tt. vtZ-4 St� � Lj I wX Ipq, u t _ s .: ..... ... _ drr V • 'i�l tw y y�.vy - satin as stag . .. ��'Y�r_ ,...� VS - � s Saw t Baum g$ t x _ - - - - - - - _ ._ - . - . ON11 as 21,11*Vd NOINA .•.- f F -. i }8 Revised 03/22/2012 Page 7 of 7