Loading...
HomeMy WebLinkAbout10-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION COR161NAl Subject: Resolutions approving Agreement with the City of Colton and a Lease with the Union Pacific Railroad Company for a hike- and-bike trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive between the easterly City Limit and Mill Street. From: James Funk, Director Dept: Development Services Date: August 23, 2004 MCC Date: 09/07/2004 Synopsis of Previous Council Action: 09-15-03 Adopted FY 2003-2008 5-year Capital Improvement Program (CIP) which included proposed funding in FY 2004/05 in the amount of $25,000 for TC 04-22 "I nland Center Drive: Bike lane Agreement with the City of Colton. " Recommended Motion: Adopt Resolutions. ~sf:Jv Contact person: Mike Grubbs, Enj!;ineering Manaj!;er/Field Engineer Phone: 5179 Supporting data attached: Staff Report, (2) Resolutions, Attachments A & B and Location Map Ward: a FUNDING REQUIREMENTS: Amount: $25.000 Source: (Ace!. No.) 250-370-5504-XXXX Acct. Description: Inland Center Drive: Bike Lane Agreement with Colton Finance: Council Notes \ ! <:556~"2N', cv- '2'1;).. 1/to/OlJ Agenda Item 10 City of San Bernardino - Request for Council Action Staff Report Subject: Resolutions approving an Agreement with the City of Colton and a Lease with the Union Pacific Railroad Company for a hike-and-bike trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive between the easterly City Limit and Mill Street. Background: The City of Colton has proposed a cooperative project with the City to install a hike-and-bike trail, landscaping and other improvement on the Union Pacific Railroad Company property along Inland Center Drive between the easterly City Limit and Mill Street (See Attachment "A"). The Union Pacific Railroad Company has offered San Bernardino a 20-year Lease of the property for that portion in the City Limits of San Bernardino (See Attachment "B"). A similar lease has been offered to the City of Colton. Under terms of the Agreement, the City of Colton will design the project, contract out the work and bill San Bernardino for its share as indicated in Exhibit .. A" attached to the Agreement. The total estimated cost of the project is $1,301,890; however, Colton has agreed to limit San Bernardino's share of the cost to $25,000. San Bernardino's share will consist of $20,000 to purchase the Lease from the Union Pacific Railroad Company and $5,000 toward the cost of construction. Colton has applied for TEA-21 and CMAQ (Federal Aid) funding in the amount of $1,106,057 to cover the majority of the construction cost. The Bikeway Project has been approved by SCAG to receive TEA-21 and CMAQ funding in FY 04/05 in the amount of $1,106,057. Colton has submitted a request to Caltrans for authorization to proceed with preliminary engineering. Federal funding for the project has been secured subject to compliance with FHW A regulations. Staff believes this cooperative project will be beneficial to both agencies. Selected projects typically have elements under two or more jurisdictions and, therefore, lend themselves well to such a cooperative effort. If this agreement is approved, the City of Colton will be the lead agency and will proceed with preparation of improvement plans, specifications, and estimated costs (PS&E). Colton will also be responsible for all costs associated with environmental clearance necessary for federal funding, design, advertising for bids, award of contract and management of the construction of the project per the attached Agreement. Exhibit .. A ", attached to the Agreement, provides an overall summary of the estimated project costs. Upon approval of the Lease with the Union Pacific Railroad Company, the City will be required to pay an advanced fixed rent to the Union Pacific Railroad Company in the amount of $20,000. This amount may not be refundable, in part or in full, if San Bernardino cancels the Lease for any reason. 2 City of San Bernardino - Request for Council Action Staff Report (Continued) It is anticipated that construction of the hike-and-bike trail could connnence in FY 2006/07 to coincide with the Caltrans 1-215, Segment 3, widening project. It is requested that two originals of the Agreement and two originals of the Lease be executed so that each party can retain an original. Financial Impact: Funds for this project in the amount of $25,000 will come from the $2.4 million that was appropriated as part of the FY 2004/2005 budget for Fund 250 (Traffic System Construction). Recommendation: Adopt Resolutions. 3 .-..- !:l ~?( . ~~ ",?J: ~ II Ii ~I II ... o ~ ~~ .0 ~~ ~~ -#/0 ~{JJ)(D1 . . c o o 1 2 csorer RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF COLTON FOR A HIKE-AND-BIKE TRAIL, 4 BEAUTIFICATION AND PURPOSES INCIDENTAL THERETO ON UNION PACIFIC 5 RAILROAD COMPANY PROPERTY ALONG INLAND CENTER DRIVE. 6 7 8 9 10 11 12 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a cooperative agreement with the City of Colton for a hike-and-bike trail, beautification and purposes incidental thereto on Union Pacific Railroad Company Property along Inland Center Drive. A copy of said cooperative agreement is attached as Attachment "A" and made a part hereof. 14 SECTION 2. The authorization to execute the above-referenced agreement is 15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 16 17 18 of this resolution. III 19 III 20 21 22 23 24 25 26 27 28 '-n o. 10 q/z%f - 1 - . C 1 RESOLUTION..AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT 2 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF COLTON FOR A HIKE-AND-BIKE TRAIL, BEAUTIFICATION AND PURPOSES INCIDENTAL 3 THERETO ON UNION PACIFIC RAILROAD COMPANY PROPERTY ALONG 4 INLAND CENTER DRIVE. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of , 2004, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT o 9 10 ESTRADA 11 LONGVILLE 12 MC GINNIS 13 DERRY 14 KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 19 20 City Clerk The foregoing resolution is hereby approved this day of ,2004. o 21 22 23 24 Approved as to 25 form and legal content: 26 27 28 Judith Valles, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney By: - 2 - c o o ATTACHMENT "Au COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF BIKEWAY TRAIL IMROVEMENTS (PROJECT) ON COLTON A VENUE (V ALLEY VIEW BL VD/ 'G' STREET) I. PARTIES AND DATE. This Cooperative Agreement ("Agreement") is made and entered into this day of , 2004, by and among 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 N '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 The Cities of COLTON and SAN BERNARDINO desire to participate in design and construction of a Bikeway along Colton Avenue (Inland Center Drive in SAN BERNARDINO) between Valley Boulevard in COLTON and 'G' Street in SAN BERNARDINO. 2.2 exists along Colton BERNARDINO. Union Pacific Railroad Right of way, on which the PROJECT is proposed, Avenue within COLTON and along Inland Center Drive within SAN 2.3 With the support of SAN BERNARDINO, COLTON applied for and secured TEA-21 and CMAQ funds to finance PROJECT improvements. NOW, THEREFORE, the parties agree as follows: 3. TERMS. 3.1 - COLTON AGREES: 3.1.1. To be the lead agency for obtaining approval of the TEA-2l and CMAQ funds for design, advertising, awarding and administering the construction contract of PROJECT. 3.1.2. To prepare and obtain environmental clearance for PROJECT and file appropriate Notice of Deterrnination of PROJECT upon completion of environmental clearance. 3.1.3. To obtain or cause to be obtained right of way required for PROJECT. 3.1.4. To provide or cause to be provided construction and construction engineering services to construct PROJECT pursuant to COLTON and SAN BERNARDINO policies and procedures. RVPUBINGS/662968 ATTACHMENT "An c 3.1.5. To submit to the City Engineer of SAN BERNARDINO, for plan check and approval, all plans, specifications and construction estimates for the portion of the PROJECT within the City limits of SAN BERNARDINO. 3.1.6. To advertise and solicit bids for the PROJECT in accordance with State and local laws and to provide copies of all PROJECT bids documents to SAN BERNARDINO. 3.1.7. To provide SAN BERNARDINO proof of Liability Insurance for COLTON's Contractors covering injury or damage to person or property arising out of work for which legal liability may be found to rest upon COLTON Contractor in a minimum amount of $1,000.000 and naming SAN BERNARDINO as additional insured on the policy. 3.1.8. To obtain "no fee" Public Works Construction Permit from the City Engineer of SAN BERNARDINO prior to start of any construction within the City limits of SAN BERNARDINO. 3.1.9. To permit inspection of the portion of the work within the City limits of SAN BERNARDINO by the City Engineer of SAN BERNARDINO, or his duly appointed representative, during all phases of the PROJECT within SAN BERNARDINO. o 3.1.10 In determining project costs, to keep accurate records and accounts relating to 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. 3.1.11 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 may be necessary. 3.1.12 To be responsible for all maintenance and repair of PROJECT, within COLTON, upon PROJECT completion. 3.1.13 To pay the total of$124,333 for its portion of the PROJECT, in accordance with the Cost Breakdown and Sharing of Project information contained in Exhibit "A," attached hereto and incorporated herein by reference. 3.1.14 To indemnify, defend, and hold harmless SAN BERNARDINO and their agents, officers and employees from and against all liability, expenses and claim for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or personal damages arising from or connected to COLTON's operation or its performance under this Agreement. o 3.2 SAN BERNARDINO AGREES: 3.2.1. SAN BERNARDINO shall review and comment on the design plans, specifications and estimate prior to advertising for bids for the construction of the PROJECT. R VPUBINGSI662968 2 c o o ATTACHMENT "A" 3.2.2. SAN BERNARDINO shall reimburse COLTON for the matching funds required for the PROJECT, in an amount not to exceed $25,000, in accordance with the Cost Breakdown and Sharing of Project information contained in Exhibit "A," attached hereto and incorporated herein by reference. 3.2.3 To indemnify, defend, and hold harmless COLTON and their agents, officers and employees from and against all liability, expenses and claim for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or personal damages arising from or connected to SAN BERNARDINO operation or its performance under this Agreement. 3.4 IT IS MUTUALLY AGREED AS FOLLOWS: 3.3.1. COLTON shall require coordination with SAN BERNARDINO City Engineer to ensure needed traffic control during construction of the PROJECT. 3.3.2. COLTON shall require that any and all contractors on the PROJECT enter into a written agreement with COLTON to ensure sufficient coverage ofliability insurance. 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. 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 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 ofthis Agreement, including without limitation, the payment of all consequential damages and attorneys fees and other related costs and expenses. 3.3.5. This agreement may be executed in one or more counterparts and 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. RVPUBINGS/662968 3 c o o ATTACHMENT "A" 3.5 NOTICES: All notices required shall be sent by regular mail, postage prepaid, and addressed as follows: CITY OF COLTON Public Services Department 655 North La Cadena Drive Colton, CA 92324 Attention: Amer Jakher, City Engineer CITY OF SAN BERNARDINO 300 North 'D' Street San Bernardino, CA 92418 Attention: James Funk, Director of Development Services III III RVPUBINGS/662968 4 c o o ATTACHMENT "A" COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF BIKEWAY TRAIL IMROVEMENTS (PROJECT) ON COLTON A VENUE (VALLEY VIEW BL VDI 'G' STREET) 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 Dated: By: Daryl Parrish, City Manager ATTEST: By: Carolina P. Barrera, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP, City Attorney CITY OF SAN BERNARDINO Dated: By: Judith Valles, Mayor ATTEST: By: Rachael Clark, City Clerk APPROVED AS TO FORM: RVPUBINGS/662968 5 c o o REVISED EXHmIT "A" BIKEWAY PROJECT COLTON A VENUE (V ALLEY VIEW BL VOl 'G' STREET) COST BREAKDOWN AND SHARING OF PROJECT City of Colton City of San Bernardino Item Description City San Bernardino Funds Totals TENCMAQ Design/Engineering $22,000 NA $46,500 $68,500 Environmental $5,000 NA NA $5,000 ROW NA $20,000 NA $20,000 Site Acquisition Construction & $97,333 $5,000 $1,106,057 $1,208,390 Construction Engineering Total $124,333 $25,000 $1,]52,557 $1,30],890 RVPUB/NGS/662968 6 , . OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bemardino.ca.lls '" September23,2004 Arner Jakher, City Engineer City of Colton Public Services Department 655 North La Cadena Drive Colton, CA 92324 Dear Mr. Jakher, At the Mayor and Common Council meeting of September 20, 2004, the City of San Bernardino adopted Resolution 2004-292 - Resolution authorizing execution of a cooperative agreement between the City of San Bernardino and the City of Colton for a Hike-and Bike Trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive. Enclosed are two (2) original agreements. Please obtain signatures in the appropriate location. Retain one original agreement for your files and return one original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution aud agreements will be null and void if not executed within 60 days, or by November 19, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, (/1 ( (j",.LlL <I L/"j {6L Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO .' OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "0" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us '" November 15, 2004 Amer Jakher, City Engineer City of Colton Public Services Department 655 North La Cadena Drive Colton, CA 92324 Dear Mr. Jakher, At the Mayor and Common Cotmcil meeting of September 20, 2004, the City of San Bernardino adopted Resolution 2004-292 - Resolution authorizing execution of a cooperative agreement between the City of San Bernardino and the City of Colton for a Hike and Bike Trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive. On September 23, 2004, two original agreements were sent to you for signatures. If the agreements have been signed, please return one original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by November 19, 2004. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, e/h, (JJ,..~ 4-r~ Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty ~'-..." /"_. ,~~ 'i I ~," ,~ .0' 'I' ~"''', 'l'I',l, 'II , 1 Ii: , I Public SeMces 160 S. 10. Street CoIIDn, CA 92324 (909) 370-5065 (909) 370-6104 fax November 18, 2004 Michelle Taylor, Senior Secretary city of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 Dear Ms. Taylor, At the city Council meeting of October 4, 2004, approval was obtained for the execution of the Cooperative Agreement for the Design and Construction of Bikeway Trail Improvements on Colton Avenue. Enclosed is the city of San Bernardino's original copy of this fully executed agreement; the City of Colton has kept one (1) of the two (2) agreements the City of San Bernardino originally submitted for its records. If you have any questions, please call me at (909) 370- 5065. Sincerely, Amer Jakher, P.E. City Engineer Public Services City of Colton CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: November 22, 2004 TO: Mike Grubbs, Engineering Manager/Field Engineer FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-292 - Hike and Bike Trail cc: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the City of Colton for a Hike and Bike Trail, beautification and purposes incidental thereto on Union Pacific Railroad Company property along Inland Center Drive. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ) .' <" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 9-20-0"1 Item # I Cl A Resolution # Abstain -G- 2CXl~ - 2 qz- Absent ~ Vote: Ayes 1- '1 Nays 2 Change to motion to amend original documents D Companion Resolutions NulVVoidAfter: too days/ 11-\ '\-0'\ Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: 9- ~ \-(\ ~\ q- c~'c4 '1. n-Dl'I Reso. Log Updated: Seal Impressed: 0' -B- Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: 11-1'1.-0'(: Q-23..04 Date Returned: S{~ 01 Not Returned: D 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes~ No By Up(lated Prior Resolutions (Other Than Below): Yes NoL By Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Yes No / By Updated CDC Personnel Folders (5557): Yes NO~ By_ Updated Traffic Folders (3985, 8234,655, 92-389): Yes No_ y- Copies Distributed to: Animal Control D EDA D Information Services D City Administrator D Facilities D Parks & Recreation D City Attorney e( Finance 0' Police Department D Code Compliance D Fire Department D Public Services D Development Services 0' Human Resources D Water Department D Others: fl--3 Notes: Ready to File: _ Date: Revised 12/18/03