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HomeMy WebLinkAbout19-Development Services '1'1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Dept: Development Services C' ,."" I /". ',~ " ~'L ~- . . ".' lillo<d'liM Subject: Resolution approving an Agreement with the City of Colton for the construction and maintenance of a traffic signal at Hunts Lane and Cooley Lane. Date: June 26, 2002 File: MCC Date: July 15, 2002 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. h,fdv Contact person: Mehran Sepehri, Senior Engineer Phone: 'il?7 Supporting data attached: Staff Reoort. Resolution. A2reement & Ward: 3 Map FUNDING REQUIREMENTS: Amount: N/ A Source: N/ A Acct. Description: N/A Finance: Council Notes: 12..E3Si:J ~ 'Zttl2 - 23'1 Agenda Item No.L 7/IS/fJ-' 'II ;1 . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution approving an Agreement with the City of Colton for the construction and maintenance of traffic signal at Hunts Lane and Cooley Lane. Background: The City of Colton would like to enter into a cooperative agreement with the City of San Bernardino in order to install a traffic signal at the intersection of Hunts Lane and Cooley Lane, portions of which fall within the City of Colton and the City of San Bernardino. Staff has been working with the City of Colton on this project and reviewed the traffic signal plan. Installation includes a signal pole and arm installed in the existing right-of-way west of the centerline of Hunts Lane, within right-of-way belonging to the City of San Bernardino. The City of Colton agrees to construct, operate, and maintain traffic signals at the T -intersection of Hunts Lane and Cooley Lane, per attached agreement. Financial Impact: There is no financial impact. The City of Colton is financing this project. Recommendation: Adopt Resolution. . ,I City of San Bernardino, California Department of Public Works, Division of Engineering June 6, 2002 File No. W.O. No. DWG. No. TRAFFIC SIGNAL INSTALLATION AT HUNTS LANE and COOLEY LANE VICINITY MAP N.T.S. ---- , e e e '1'1 ,(-=-:) /~'\ I~\,'\,I I . \ I \,--"" '\,( '.--j ~ lj U 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. RESOLl'TION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECLTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN' BERl\ARDINO AND THE CITY OF COLTON FOR A TRAFFIC SIGNAL AT HliNTS LANE AND COOLEY LANE. 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 construction and maintenance of a traffic signal at the intersection of Hunts lane and Cooley lane. A copy of said cooperative agreement is attached as Attachment "A" and made a part hereof. 13 SECITON 2. The authorization to execute the above referenced agreement is 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III lfLD. I q 1 jlSIo - I - e e ; I '1'1 1 2 3 4 5 RESOLUTION...AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF COLTON FOR A TRAFFIC SIGNAL AT HUNTS LANE AND COOLEY LANE. 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 6 the _ day of , 2002, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 10 11 12 DERRY ESTRADA LIEN MC GINNIS 13 SUAREZ 14 ANDERSON 15 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this 20 2002. MC CAMMACK day of 21 22 23 Approved as to 24 form and legal content: 25 JAMES F. PENMAN, 26 City Attorney e 27 28 Judith Valles, Mayor City of San Bernardino - 2 - " ...... ......,,-, ~.': "5-IJrlli~' ~~tl~~' . 4la;.. ", e'~ / .'0\'<: 0_..,..."0 e -MCCENTER .SO N. La Cadena Drive Colton, CA 92324 (909) 370-5099 I I 'PI Attachment A June 3, 2002 Raymond A. Casey, P.E. Deputy Director I City Engineer Development Services Department 300 North D Street San Bernardino, CA 92418 Re: Traffic Signalization at Hunts Lane and Cooley Lane Intersection Dear Mr. Casey, Please find the attached four (4) sets Agreement for the construction and maintenance for Traffic Signal at Hunts Lane and Cooley Lane intersection. The changes you have requested have already been incorporated. Please execute all sets as originals with wet signatures and return to the City of Colton. We will return two (2) sets of the fully executed Agreement. If you have any questions, please contact me at 909-370-5065. Sincerely, Amer Jakher, P.E., City Engineer Engineering Department Attachments cc: Project File File: e:\Vie Ortiz\Traflie Signal Project e e e I I~' I Attachment A City of Colton 650 N. La Cadena Drive Colton, CA 92324 AGREEMENT No. AG-013050702 TO CONSTRUCT AND MAINTAIN TRAFFIC SIGNAL Between THE CITY OF COLTON AND THE CITY OF SAN BERNARDINO THIS AGREEMENT is entered into this 22nd day of Mav. 2002, by and between the CITY OF SAN BERNARDINO, a political subdivision of the State of California, herein referred to as "SAN BERNARDINO", and the CITY OF COLTON, as a public agency organized under the laws of the State of California, herein referred to as "COLTON." WHEREAS, COLTON desires to effect, at no cost to SAN BERNARDINO, the installation of traffic signals at the T -intersection of Hunts Lane & Cooley Lane, hereinafter referred to as "PROJECT", partially located on property owned by SAN BERNARDINO, and WHEREAS, COLTON desires to construct, operate, and maintain said PROJECT, including that particular portion of which is located west of the centerline of Hunts Lane in existing street improvements of curb, gutter and sidewalk, within SAN BERNARDINO lands, said portion hereinafter referred to as "RIGHT-OF-WAY", said "RIGHT-OF-WAY" is shown on the attached plat marked "EXHIBIT A"; and NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS: SAN BERNARDINO hereby consents to the construction, operation, and maintenance of the RIGHT-OF-WAY, at no expense to SAN BERNARDINO, and to allow COLTON to occupy, use and maintain said RIGHT-OF-WAY; provided, however, that no use, occupancy, construction, reconstruction or maintenance shall be effected by COLTON, its successors or assigns, in any manner which, in the opinion of the City Engineer of SAN BERNARDINO, may interfere or conflict with any structures, facilities, operation, or uses which SAN BERNARDINO has or intends to have upon said lands, without first submitting plans for such use and/or occupancy to SAN BERNARDINO'S City Engineer at least thirty (30) days prior to the date of such intended use or occupancy and obtaining his written approval thereof, which approval shall not be withheld if, in the opinion of said City Engineer, the proposal does not interfere or conflict with SAN BERNARDINO'S use or operations of its facilities located within the RIGHT-OF-WAY. e e e II COLTON'S contractor, chosen via public bidding process, shall be charged with conformance to the provisions and conditions of this Agreement throughout PROJECT construction. Upon completion of said PROJECT, contractor shall deliver to COLTON and to SAN BERNARDINO the approved, functional PROJECT. SAN BERNARDINO agrees to process all permits requested by COLTON which are needed to construct, operate, and maintain the PROJECT, both in total and specifically the RIGHT-OF- WAY, and which are properly applied for as provided herein subject to the provisions and conditions of this Agreement. 1. COLTON agrees to submit PROJECT Plans to SAN BERNARDINO'S City Engineer who shall, upon review and approval of said plans, indicate said approval by signing the original PROJECT Plans. 2. SAN BERNARDINO agrees to process all permits requested by COLTON which are needed to construct, operate, and maintain the RIGHT-OF-WAY and which are properly applied for as provided herein subject to the provisions and conditions of this Agreement. 3. COLTON agrees to submit to SAN BERNARDINO at least thirty (30) days in advance, plans which may endanger, interfere or conflict with SAN BERNARDINO'S facilities or its functional operation, and to obtain written approval of said plans from SAN BERNARDINO. 4. COLTON agrees to accept full responsibility for the maintenance and/or operation of and liability for all PROJECT works it constructs, operates or maintains within the PROJECT and the RIGHT-OF-WAY. 5. COLTON, its successors and assigns, agree to accept full responsibility for the construction, operation and maintenance of and liability for the PROJECT within and without the limits of the RIGHT-OF-WAY. 6. COLTON agrees to submit to SAN BERNARDINO a written notice of each instance of routine maintenance or minor repair work within the RIGHT-OF-WAY, the nature of which may logistically prevent a larger lead-time, at least seventy-two (72) hours before the work commences. 7. SAN BERNARDINO acknowledges COLTON'S right to the RIGHT-OF-WAY. Except in emergencies, SAN BERNARDINO shall give reasonable notice to COLTON before performing any work on COLTON'S PROJECT in said RIGHT-OF-WAY, where such work will be performed within the RIGHT-OF-WAY or on adjacent street improvements, should any of which work in any way alter or obstruct the use of the PROJECT. 8. COLTON agrees to: INDEMNIFICATION - COLTON agrees to defend, indemnify and hold harmless the city of SAN BERNARDINO and its authorized officers, employees, agents and volunteers from any and all claims, action, losses, damages, and/or liability incurred by SAN BERNARDINO for any act or omission of the city of COLTON or any of its authorized ! I e officers, employees, agents or volunteers arising out of COLTON'S work in, or its use or maintenance of the RIGHT-OF-WAY. INSURANCE - Without in any way affecting the indemnity herein provided and in addition thereto. COLTON shall secure and maintain throughout the term of this Agreement, and shall cause any contractor performing work to secure and maintain throughout the term of its contract with COLTON, the following types of insurance with limits as shown: Workers' Compensation - A program of Worker's Compensation Insurance or a state- approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability, with two hundred fifty thousand dollar ($250,000.00) limits covering all persons providing services on behalf of COLTON and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance - The coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single coverage limits for bodily injury and property damage of not less than one million dollars ($1,000,000.00) and property damages in the sum of two hundred fifty thousand dollars ($250,000.00) resulting from anyone accident which may arise from the operations of COLTON in performing the work provided for herein. e Public Liability and Property Damage Insurance - COLTON shall maintain, and shall cause any contractor performing any work for COLTON throughout the course of the work until completion, Insurance against personal injury or property damage claims which may arise from operations, whether by the Insured or by any person directly or indirectly employed by him. In addition, the Insurance shall name SAN BERNARDINO, its City Engineer, and its officers, agents and employees as "additional insured" under the policies by specific endorsement. Minimum Liability and Property Damage Insurance shall not be less than one million dollars ($1,000,000.00) for all damages and/or destruction of property in anyone occurrence, and not less than one million dollars ($1,000,000.00) for all damages and/or destruction of property during the policy period. Additional Named Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming SAN BERNARDINO and its officers, employees, agents and volunteers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights - COLTON shall require the carriers of the above-required coverages to waive all rights of subrogation against SAN BERNARDINO and its officers, employees, agents and volunteers. e e e e Policy Primary and Non-Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COLTON. Proof of Coverage - COLTON shall immediately furnish certificates of insurance to SA:\" BERNARDINO evidencing the insurance coverages, including endorsements referenced above, required prior to the commencement of the performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to SAN BERNARDINO, and COLTON shall maintain such insurance from the time COLTON commences performance of the services hereunder until completion of such services, and shall charge any contractor performing any work on the PROJECT, including the RIGHT-OF-WAY, to conform to these same said requirements from the commencement of the work to the completion of the work. Within sixty (60) days of the commencement of this Agreement, COLTON shall furnish certified copies of the policies and all endorsements. Insurance Review - The above insurance requirements are subject to periodic review by SAN BERNARDINO, whose Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurances are not available, are unreasonably priced, or are not needed to protect the interest of SAN BERNARDINO. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher limits, provided that any such change is reasonable in light of past claims against SAN BERNARDINO, inflation, or any other item reasonably related to SAN BERNARDINO'S risk. Any such reduction or waiver for the entire term of this Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. COLTON agrees to execute any such amendment within thirty (30) days of receipt. SAN BERNARDINO recognizes that COLTON may be self-insured and agrees to accept letters of self-insurance. 9. Both parties hereto agree that in the event COLTON and/or SAN BERNARDINO is found to be comparatively at fault for any claim, action, loss or damage which results from their respective acts, errors or omissions, COLTON and/or SAN BERNARDINO shall indemnify the other to the extent of its comparative fault. 10. Successors - The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions contained in this Agreement. COLTON may not, either voluntarily or by action of law, assign any obligation assumed by COLTON hereunder without the express written consent of SAN BERNARDINO. e e e ~: I II. Notices - All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City of Colton 650 N. La Cadena Drive Colton, CA 92324 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-000 I Attn.: Amer Jakher, City Engineer Engineering Department Attn.: Raymond Casey, City Engineer Deputy Director of Development Services 12. Successors - The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions contained in this Agreement. COLTON may not, either voluntarily or by action of law, assign any obligation assumed by COLTON hereunder without the express written consent of SAN BERNARDINO. 13. Entire Agreement - 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. 14. Termination of Agreement - This Agreement may not be terminated by either party, for any reason stated or unstated within this Agreement, without the written consent of both parties. Signatures on Next Page e e e 'T I THIS AGREEMENT shall inure to the benefit of and be binding on the successors and assigns of both parties. CITY OF COLTON BY: D~ ~ DEIRDRE BENNETT, Mayor, City of Colton Dated: (PJ ::;/6 l)- I I CITY OF SAN BERNARDINO By: JUDITH VALLES Mayor. City of San Bernardino Dated: ATTEST: ATTEST: &1;;I~' K t&u4- ~-+ (tJz,/ Cw.t- Carolina Barrera, City Clerk U Rachel Clark, City Clerk ~J.k AMER JAKHER, City Engineer Dated: <014\ 02- , Approved as to Form BY: RAYMOND CASEY, City Engineer and Deputy Director of Development Services Dated: Approved as to Form and Legal Content f:~ , j~~'lllm-1 i~ ~', "'II ." \ ' 4 II- \ ' CMC CENfER 650 N. La Cadena Drive Colton, CA 92324 (909) 370-5099 - -- --T~-l~l Attachment A June 3, 2002 Raymond A, Casey, P.E. Deputy Director I City Engineer Development Services Department 300 North D Street San Bernardino, CA 92418 Re: Traffic Signalization at Hunts Lane and Cooley Lane Intersection Dear Mr. Casey, Please find the attached four (4) sets Agreement for the construction and maintenance for Traffic Signal at Hunts Lane and Cooley Lane intersection. The changes you have requested have already been incorporated. Please execute all sets as originals with wet signatures and return to the City of Colton. We will return two (2) sets of the fully executed Agreement. If you have any questions, please contact me at 909-370-5065, Sincerely, Amer Jakher, P.E., City Engineer Engineering Department Attachments cc: Project File File: c:\Vie OrtizlTraflie Signal Projeet 1:1 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: 909384.5158 www.ci.san-bernardino.ca.us 8M September 17, 2002 Mr. Arner Jakher, City Engineer City of Colton 650 N. La Cadena Drive Colton, CA 92324 Dear Mr. Jakher, In your letter to Raymond Casey dated June 3, 2002 (copy attached), you indicated that you were providing the City of San Bernardino with four (4) sets of agreements for the construction and maintenance of a traffic signal at the intersection of Hunts Lane and Cooley Lane, and requested that all four sets be returned to you once executed; however, the City of San Bernardino only received two (2) sets of agreements. I have contacted you on several occasions in order to obtain two (2) additional sets of agreements for signatures. Because our office has not received the additional sets of agreements, I am returning one fully executed agreement for your files. Our office has a fully executed agreement as well. If you have any questions regarding this matter, please call me at (909) 384-5002. Thank you, "Ii .. \- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountahility . Respect for Human Dignity' Honesty . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ') - ( :)-0;)- Item # Vote: Ayes 1-), '-/-'j Nays.Jj- I q Resolution # eJOO:/-d.30 Abstain 3 Absent k)- Change to motion to amend original documents: - Reso. # On Attachments: / Contract term: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Null/VoidAfter: 00 D~j! Q-13-o;>, Date Sent to Mayor: f\- I (" -0 ~ Date of Mayor's Signature: '1--11-o:;l- Date ofClerk/CDC Signature: n-( 1-0;>- Reso. Log Updated: Seal Impressed: y/ /' Date Memo/Letter r Signature: See Attached: See Attached: ached: Date Returned: - 60 Day Reminder Letter Sent on 30t 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / No By Yes No~ By Yes No~ By Yes NO-f By Yes No By Copies Distribnted to: City Attorney ,/ Parks & Rec. Code Compliance Dev. Services /' EDA Finance MIS Police Public Services Water Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: ~ Date: '1--\ '1-0?-- Revised 01/12/0 I