HomeMy WebLinkAbout05.M- Cooperative Agreement City of Colton Improvements to Hunts Lane 5.M
RESOLUTION (ID # 4322) DOC ID: 4322 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Marlene Miyoshi M/CC Meeting Date: 03/07/2016
Prepared by: Fawna Velci, (909) 384-
5140
Dept: Public Works Ward(s): 3, 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
a Cooperative Agreement with the City of Colton for the Improvements to Hunts Lane
from Washington Avenue North Up to the Union Pacific Railroad Overpass and
Johnston Street from Mount Vernon Avenue West to Bordwell Street. (#4322)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Reimbursements to the City of Colton for a Co-op Project, will be paid out of account
126-160-8017-5504, which was approved for City Wide Street and concrete repairs,
authorize City Manager to approve change orders not to exceed ten (10) percent of the
cost and authorize City Attorney to make any minor, non-substantive changes to the
agreement.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
Portion of Hunts Lane south of Interstate 10, and Johnston Street west of Mt. Vernon
Avenue are jointly owned by the Cities of San Bernardino and Colton. In October 2015,
City of Colton approached City of San Bernardino staff, to explore the possibility of a
cooperative agreement to pave the two aforementioned streets as both cities share
ownership of the streets. It is good management practice to coordinate maintenance
and repair activities in these situations, that will allow for similar maintenance efforts in
the future, for aesthetic purposes, and for economies of scale.
Colton proceeded with public bidding of the project and awarded a contract for both
streets ahead of San Bernardino's review of the situation. However, staff does
recommend the City participate in the Project. San Bernardino's share for Hunts Lane
paving is $83,982.71 and for Johnston Street is $48,000. Staff is recommending that
Council approve the use of funds from Gas Tax, that was allocated in the current fiscal
year for city wide street repairs, to fund these two street segments. Staff is also
recommending that the Council authorize the City Manager or his designee, to approve
project change orders not to exceed ten (10) percent (up to $13,198).
Updated: 3/3/2016 by Georgeann "Gigi" Hanna B Packet Pg. 139
5.M
4322
A draft copy of cooperative agreement is attached for Council consideration.
City Attorney Review:
Yes
Supportinq Documents:
Resolution approving Co-op agreement (DOCX)
agrmt. 4322 (PDF)
Updated: 3/3/2016 by Georgeann "Gigi" Hanna B Packet Pg. 140
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RESOLUTION NO.
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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 c
TO BORDWELL STREET. o
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 0
CITY OF SAN BERNARDINO AS FOLLOWS: v
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SECTION 1. The City Manager is hereby authorized and directed to execute, on 3
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behalf of the City, the Cooperative Agreement with the City of Colton for grinding existing m
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10 asphalt as needed, installation of asphalt concrete overlay and other necessary improvements, a
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11 attached hereto as Exhibit"A" and incorporated herein.
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12 SECTION 2. The authorization to execute the above referenced Agreement is v
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rescinded if it is not executed within ninety(90) days of the passage of this resolution.
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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.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor o
5 and Common Council of the City of San Bernardino at a meeting c
6 thereof, held on the day of , 2016, by the following vote, to wit: r
Council Members: AYES NAYS ABSTAIN ABSENT U
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MARQUEZ 3
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9 BARRIOS 4)
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10 VALDIVIA Q
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11 SHORETT
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12 NICKEL v
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RICHARD N
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15 MULVIHILL
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17 Georgeann Hanna, City Clerk °
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18 The foregoing resolution is hereby approved this day of , 2016. c
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R. CAREY DAVIS, Mayor °
21 City of San Bernardino 0
22 Approved as to form:
GARY D. SAENZ, City Attorney
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By: a
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COOPERATIVE AGREEMENT
BETWEEN
CITY OF COLTON AND CITY OF SAN BERNAPDINO
FOR STREET PAVING PROJECT
1. PARTIES AND DATE.
This Cooperative and Maintenance Agreement ("Agreement") is made and entered into this
day of , 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 0
North La Cadena Drive, Colton, California 92324 ("COLTON") and the City of San Bernardino, c
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 3
collectively as "parties" herein.
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2. RECITALS. E
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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.
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2.2 COLTON and SAN BERNARDINO have jointly determined that street v°
improvements are desired for the two aforementioned street segments. N
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2.3 COLTON and SAN BERNARDINO recognize the benefits to the public to improve N
traffic safety on these streets. M
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2.4 The improvements to the street segments (see Exhibit A.1 — Project Location) shall E
consist of grinding existing asphalt as needed, installation of asphalt concrete overlay and other M
necessary improvements (the 'Project").
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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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 envirommental clearance for the Project.
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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 o
payment. 0
3.1.7. To obtain or cause to be obtained any and all necessary permits for the Project and 0
ensure that any and all utility facilities and appurtenances or structures that are necessary for the v
construction of the Project are properly removed or relocated, as necessary.
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3.1.8. To coordinate the Project implementation with all affected parties.
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3.1.9. To pay the total construction cost of the Project in accordance with the Project cost a
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.
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3.2 CITY OF SAN BERNARDINO AGREES: c
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3.2.1. By execution of this Agreement, to grant COLTON and its contractors the right to N
construct the Project within SAN BERNARDINO rights-of-way. SAN BERNARDINO shall M
issue an encroachment permit free of charge to the contractor to whom COLTON awards the
Project through competitive bid. M
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3.2.2. The estimated share of SAN BERNARDINO for the Project (design and E
construction) is $131,982.71. SAN BERNARDINO shall reimburse COLTON for its share of R
the Project once the Project is completed and accepted by SAN BERNARDINO staff.
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3.3 IT IS MUTUALLY AGREED AS FOLLOWS:
3.3.1. COLTON shall coordinate with SAN BERNARDINO to ensure adequate traffic Q
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.
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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 0
constitute one and the same instrument.
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3.3.6. This Agreement contains the entire Agreement of the parties with respect to the v
subject matter hereof and supersedes all prior negotiations, understandings or agreements. This 3
Agreement may only be modified by a writing signed by both parties.
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3.33. The parties declare that each party has all requisite power and authority to conduct
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its business and to execute, deliver, and perform the Agreement. Each party warrants that the Q
individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and bind each respective party.
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3.3.8. If any portion of this Agreement is declared invalid, illegal, or otherwise c
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect. N
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3.4 NOTICES: All notices required shall be sent by regular mail, postage prepaid and N
addressed as follows: M
CITY OF COLTON E
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Public Works Department 01
160 South 10t Street c
Colton, CA 92324 E
Attention: Public Works Director
CITY OF SAN BERNARDINO
Public Works Department
300 N "D" Street
San Bernardino, CA 92418
Attention: Public Works Director
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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:
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Y' By'
Richard DeLaRosa, Mayor Mark Scott, City Manager v
City of Colton City of San Bernardino
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Attest: Attest: E
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By: By: L
City Clerk City Clerk c
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Approved as to Form: Approved as to Form: N
Gary D. Saenz, City Attorney le
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City Attorney
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EXHIBIT A
A.1 Project Location
Exhibit A
Hunts Lane Project Location
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Project Location E
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— City of Colton City of San Bernardino
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Johnston Street Project Location
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A.2 Cost Breakdown
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Item Description Total Q
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
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