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Home My WebLink About2016-039 RESOLUTION NO. 2016-39 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT WITH 3 THE CITY OF COLTON FOR THE IMPROVEMENTS TO HUNTS LANE FROM WASHINGTON AVENUE NORTH UP TO THE UNION PACIFIC RAILROAD 4 OVERPASS AND JOHNSTON STREET FROM MOUNT VERNON AVENUE WEST 5 TO BORDWELL STREET. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is hereby authorized and directed to execute, on 8 9 behalf of the City, the Cooperative Agreement with the City of Colton for grinding existing 10 asphalt as needed, installation of asphalt concrete overlay and other necessary improvements, 11 attached hereto as Exhibit"A" and incorporated herein. 12 SECTION 2. The authorization to execute the above referenced Agreement is 13 rescinded if it is not executed within ninety (90) days of the passage of this resolution. 14 HI 15 iii 16 iii 17 iii 18 19 iii 20 iii 21 22 Hi 23 24 25 iii 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT WITH THE 2 CITY OF COLTON FOR THE IMPROVEMENTS TO HUNTS LANE FROM WASHINGTON AVENUE NORTH UP TO THE UNION PACIFIC RAILROAD 3 OVERPASS AND JOHNSTON STREET FROM MOUNT VERNON AVENUE WEST TO BORDWELL STREET. 4 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 6 the 7t" day of March, 2016, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 BARRIOS X 10 VALDIVIA X 11 12 SHORETT X 13 NICKEL X 14 RICHARD X 15 MULVIHILL X 16 17 �/ 18 George a Hanna, C C, City Clerk 19 The foregoing resolution is hereby approved this day of March, 6. 20 21 R. CAREY D IS, Mayor 22 City of San Bernardino Approved as to form: 23 GARY D. SAENZ, City Attorney 24 25 By: � 26 27 28 2 2016-39 COOPERATIVE AGREEMENT BETWEEN CITY OF COLTON AND CITY OF SAN BERNARDINO FOR STREET PAVING PROJECT 1. PARTIES AND DATE. This Cooperative and Maintenance Agreement ("Agreement") is made and entered into this 7 thday of March , 2016, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal address located at 650 North La Cadena Drive, Colton, California 92324 ("COLTON") and the City of San Bernardino, a municipal corporation organized under the laws of the State of California, with its principal address located at 300 North "D" Street, San Bernardino, California. 92418 ("San Bernardino"). COLTON and SAN BERNARDINO are sometimes referred to individually as "party" and collectively as "parties" herein. 2. RECITALS. 2.1 Hunts Lane from Washington Avenue north to the Union Pacific Railroad overpass and Johnston Street from Mt. Vernon Avenue west to Bordwell Street are currently shared equally by COLTON and SAN BERNARDINO. 2.2 COLTON and SAN BERNARDINO have jointly determined that street improvements are desired for the two aforementioned street segments. 2.3 COLTON and SAN BERNARDINO recognize the benefits to the public to improve traffic safety on these streets. 2.4 The improvements to the street segments (see Exhibit A.1 — Project Location) shall consist of grinding existing asphalt as needed, installation of asphalt concrete overlay and other necessary improvements (the "Project"). NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS: 3. TERMS. 3.1 CITY OF COLTON AGREES: 3.1.1. To be the lead agency for environmental, design/engineering and construction of the Project. 3.1.2. To prepare and obtain environmental clearance for the Project. 1 2016-39 3.1.3. To obtain or cause to obtain any right of way or easements required for the Project. 3.1.4. To provide or cause to provide environmental, design/engineering, construction and construction engineering services to construct the Project. 3.1.5. To review, comment on, and reasonably approve the design plans, specifications and estimates prior to advertising for bids for the construction of the Project. 3.1.6. In determining project costs, to keep accurate records and accounts relating to the Project regarding contract costs, hours worked, equipment and supplies used, mileage and similar matters, which records shall be open for review by SAN BERNARDINO during regular business hours, and retained for audit for a period of three (3) years from the date of final payment. 3.1.7. To obtain or cause to be obtained any and all necessary permits for the Project and ensure that any and all utility facilities and appurtenances or structures that are necessary for the construction of the Project are properly removed or relocated, as necessary. 3.1.8. To coordinate the Project implementation with all affected parties. 3.1.9. To pay the total construction cost of the Project in accordance with the Project cost breakdown contained in Exhibit B, attached hereto and incorporated herein by reference. The cost of the Project shall include any extra work that may be necessary to complete the Project. 3.2 CITY OF SAN BERNARDINO AGREES: 3.2.1. By execution of this Agreement, to grant COLTON and its contractors the right to construct the Project within SAN BERNARDINO rights-of-way. SAN BERNARDINO shall issue an encroachment permit free of charge to the contractor to whom COLTON awards the Project through competitive bid. 3.2.2. The estimated share of SAN BERNARDINO for the Project (design and construction) is $131,982.71. SAN BERNARDINO shall reimburse COLTON for its share of the Project once the Project is completed and accepted by SAN BERNARDINO staff. 3.3 IT IS MUTUALLY AGREED AS FOLLOWS: 3.3.1. COLTON shall coordinate with SAN BERNARDINO to ensure adequate traffic control during the construction of the Project. 3.3.2. Prior to the commencement of construction of the Project, COLTON shall ensure that SAN BERNARDINO officers and employees are named as additional insured persons for the liability insurance coverage for the Project. 3.3.3. Ownership and title to all materials, equipment, and appurtenances installed as part of this agreement will automatically be vested with the jurisdiction for which the improvements reside and no further agreement will be necessary to transfer ownership. 2 2016-39 3.3.4. COLTON and SAN BERNARDINO shall each defend, indemnify and hold the other party and its officials, officers, employees, consultants, subcontractors, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any negligent acts, omissions or willful misconduct of the indemnifying party or its officials, officers, employees, consultants, subcontractors, volunteers and agents arising out of or in connection with the performance of this agreement, including without limitation, the payment of all consequential damages and attorney's fees and other related costs and expenses. 3.3.5. This Agreement may be executed in one or more counterparts. When a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 3.3.6. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.3.7. The parties declare that each party has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party. 3.3.8. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.4 NOTICES: All notices required shall be sent by regular mail, postage prepaid and addressed as follows: CITY OF COLTON Public Works Department 160 South 10th Street Colton, CA 92324 Attention: Public Works Director CITY OF SAN BERNARDINO Public Works Department 300 N "D" Street San Bernardino, CA 92418 Attention: Public Works Director 3 2016-39 COOPERATIVE AGREEMENT BETWEEN CITY OF COLTON AND CITY OF SAN BERNARDINO FOR STREET PAVING PROJECT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the date first written above. CITY OF COLTON: CITY OF SAN BERNARDINO: By: By: Richard DeLaRosa, Mayor Mark Scott, City Manager City of Colton City of San Bernardino Attest: Attest: By: By: City Clerk City Clerk Approved as to Form: Approved as to Form: Gary D. Saenz, City Attorney By: By: City Attorney 4 2016-39 COOPERATIVE AGREEMENT BETWEEN CITY OF COLTON AND CITY OF SAN BERNARDINO FOR STREET PAVING PROJECT 1. PARTIES AND DATE. This Cooperative and Maintenance Agreement ("Agreement") is made and entered into this 7thday of March , 2016, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal address located at 650 North La Cadena Drive, Colton, California 92324 ("COLTON") and the City of San Bernardino, a municipal corporation organized under the laws of the State of California, with its principal address located at 300 North "D" Street, San Bernardino, California. 92418 ("San Bernardino"). COLTON and SAN BERNARDINO are sometimes referred to individually as "party" and collectively as "parties" herein. 2. RECITALS. 2.1 Hunts Lane from Washington Avenue north to the Union Pacific Railroad overpass and Johnston Street from Mt. Vernon Avenue west to Bordwell Street are currently shared equally by COLTON and SAN BERNARDINO. 2.2 COLTON and SAN BERNARDINO have jointly determined that street improvements are desired for the two aforementioned street segments. 2.3 COLTON and SAN BERNARDINO recognize the benefits to the public to improve traffic safety on these streets. 2.4 The improvements to the street segments (see Exhibit A.I — Project Location) shall consist of grinding existing asphalt as needed, installation of asphalt concrete overlay and other necessary improvements (the "Project"). NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS: 3. TERMS. 3.1 CITY OF COLTON AGREES: 3.1.1. To be the lead agency for environmental, design/engineering and construction of the Project. 3.1.2. To prepare and obtain environmental clearance for the Project. 1 2016-39 3.1.3. To obtain or cause to obtain any right of way or easements required for the Project. 3.1.4. To provide or cause to provide environmental, design/engineering, construction and construction engineering services to construct the Project. 3.1.5. To review, comment on, and reasonably approve the design plans, specifications and estimates prior to advertising for bids for the construction of the Project. 3.1.6. In determining project costs, to keep accurate records and accounts relating to the Project regarding contract costs, hours worked, equipment and supplies used, mileage and similar matters, which records shall be open for review by SAN BERNARDINO during regular business hours, and retained for audit for a period of three (3) years from the date of final payment. 3.1.7. To obtain or cause to be obtained any and all necessary permits for the Project and ensure that any and all utility facilities and appurtenances or structures that are necessary for the construction of the Project are properly removed or relocated, as necessary. 3.1.8. To coordinate the Project implementation with all affected parties. 3.1.9. To pay the total construction cost of the Project in accordance with the Project cost breakdown contained in Exhibit B, attached hereto and incorporated herein by reference. The cost of the Project shall include any extra work that may be necessary to complete the Project. 3.2 CITY OF SAN BERNARDINO AGREES: 3.2.1. By execution of this Agreement, to grant COLTON and its contractors the right to construct the Project within SAN BERNARDINO rights-of-way. SAN BERNARDINO shall issue an encroachment permit free of charge to the contractor to whom COLTON awards the Project through competitive bid. 3.2.2. The estimated share of SAN BERNARDINO for the Project (design and construction) is $131,982.71. SAN BERNARDINO shall reimburse COLTON for its share of the Project once the Project is completed and accepted by SAN BERNARDINO staff. 3.3 IT IS MUTUALLY AGREED AS FOLLOWS: 3.3.1. COLTON shall coordinate with SAN BERNARDINO to ensure adequate traffic control during the construction of the Project. 3.3.2. Prior to the commencement of construction of the Project, COLTON shall ensure that SAN BERNARDINO officers and employees are named as additional insured persons for the liability insurance coverage for the Project. 3.3.3. Ownership and title to all materials, equipment, and appurtenances installed as part of this agreement will automatically be vested with the jurisdiction for which the improvements reside and no further agreement will be necessary to transfer ownership. 2 2016-39 3.3.4. COLTON and SAN BERNARDINO shall each defend, indemnify and hold the other party and its officials, officers, employees, consultants, subcontractors, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any negligent acts, omissions or willful misconduct of the indemnifying party or its officials, officers, employees, consultants, subcontractors, volunteers and agents arising out of or in connection with the performance of this agreement, including without limitation, the payment of all consequential damages and attorney's fees and other related costs and expenses. 3.3.5. This Agreement may be executed in one or more counterparts. When a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 3.3.6. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.3.7. The parties declare that each party has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party. 3.3.8. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.4 NOTICES: All notices required shall be sent by regular mail, postage prepaid and addressed as follows: CITY OF COLTON Public Works Department 160 South 10th Street Colton, CA 92324 Attention: Public Works Director CITY OF SAN BERNARDINO Public Works Department 300 N "D" Street San Bernardino, CA 92418 Attention: Public Works Director 3 2016-39 COOPERATIVE AGREEMENT BETWEEN CITY OF COLTON AND CITY OF SAN BERNARDINO FOR STREET PAVING PROJECT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the date first written above. CITY OF COLTON: CITY OF SAN BERNARDINO: By: t By: Richard DeLaRosa, Mayor Mark Scott, City Manager City of Colton City of San Bernardino Attest: Attest: By: (� � ' B City Clerk City Cl k Approved as to Form: Approved as to Form: Gary D. Saenz, City Attorney By: By: � City Attorn 4 1 . • ' i.._ a •w-yy �y x EP W _ a a+ip }W1 �y ��,y�.�_ 4'; }�.��i .yam ✓f �1�r� L+t-l; � ; � _ y 4� �+�' � ,,y� O r J `. ? - i-' 'e, !l� ��' ..��wn;' 7 cam: °'f s r "L ��'� o� 'a' rr.. ws�,'•[:' IN vt • ['�' .a � � �-S�''� ��'`t: � 'Zt tc iJ � "� �, e °b-a �'� IP :-� Sin LIP— a s �� a .ya•rte j.� r.. a 4 t�s' � � � a ry, r •�• � �� _.._ �f �r;: r ✓` � --° °p^n ,sR t.� Nei.. t r 2016-39 Johnston Street Project Location 4 .�• 1 : j Project Location p� � aa� A.2 Cost Breakdown Item Description Total Hunts Lane from Washington Avenue north to the UP Railroad overpass $83,982.71 Johnston Street from Mt. Vernon Avenue west to Bordwell Street $48,000 Total Cost $131,982.71 6 I . • li t= r _ �` "�.�, �rirfis �`• f�„'� i (ice Ya y t t i ,w N' `y � r *Y 'a r• {pa Ag. yw $yr � ivll iM 3L !L rti.- a - 3•lI # -� -. .p yl- * l 1® 2016-39 Johnston Street Project Location OV r 1 r k Project Location < 1 I> M t• A.2 Cost Breakdown Item Description Total Hunts Lane from Washington Avenue north to the UP Railroad $83,982.71 overpass Johnston Street from Mt. Vernon Avenue west to Bordwell $48,000 Street Total Cost $131,982.71 6