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HomeMy WebLinkAbout1990-164 '. '. , . < , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04-12-90 RESOLUTION NO .____.9.D=.l.6.4-____ A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF STREET AND FLOOD CHANNEL IMPROVEMENTS CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF PALM AVENUE AND THE CABLE CREEK FLOOD CHANNEL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute and accept on behalf of said City, a Common Use Agreement with the San Bernardino County Flood Control District, a copy of which is attached hereto and incorporated by reference herein, as fully as though set forth in length, marked Exhibit "A", for the construction of a box culvert crossing, including curbs, gutters, landscaping and appurtenances, more particularly described in said Common Use Agreement and concerning that certain real property in the City of San Bernardino, County of San Bernardino, State of California, generally located at the intersection of Palm Avenue and the Cable Creek Channel. Said City consents to the recordation thereof. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within one hundred twenty (120) days of the passage of this resolution. / / / / / / / / / / / / / / / / . 04/12/90 . ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: PALM AVENuE AT C:4BLE CREEK 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 4 5 meeting thereof held on the day 7th of reqular Mav , 19~, by the following vote, to-wit: 6 COUNCIL MEMBERS: 7 ESTRADA 8 REILLY 9 FLORES 10 MAUDSLEY AYES NAYS ABSTAIN x x _lL -2L 11 MINOR _lL 12 POPE-LUDLAM 13 MILLER 14 15 16 17 h ~/ './~#a ~ city Clerk 9'cL The foregoing resolution is hereby approved this day 18 of , 1990. May 19 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: James F. Penman, City Atto ney By: 2 r- 'II) 1~7 FOR DISTR leT USE ON L Y San Bernardino Countv Flood Control District Flood Control District Contract Representative Contractor's License Number: Mina Ghaly 2597 Budget Unit No. Sub-Object No. Job No. F28906 Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT Project Name: Cable Creek at Palm Avenue If contract has more than one payment or receipt, complete the following: Payments Estimate: Approximate Amount Each: THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereafter called the District, and Name City of San Bernardino A.<l\t'Jt"No. jUU "D" Street hereafter called CITY San Bernardino, CA P'3'lj4-5111 92418-0001 Sinh Date Federal 10 No. or Social SecuritY No. IT IS HEREBY AGREED AS FOLLOWS: (Use space belaw and additianal band sheets. Set farth service ta be rendered, amaunt ta be paid, manner af payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) ,;~ 'IHIS AGREEMENT, made am entered into this dS Vv day of b ' 191Q., by am between the CITY OF SAN BERNARDlliO, a municipal corporation of the state of California, hereinafter referred to as "CITY", am the SAN BERNARDlliO CXX.JNI'Y FLOOD <XlNl'ROL DISI'RIcr, a body corporate am politic of the State of California, hereinafter referred to as "DISI'RIcr". WITNESSETH WHEREAS, CITY, desires to construct, at no cost to the DISI'RIcr, a box culvert crossing, including curbs, gutters, lardscaping am appurtenances, hereinafter referred to as "IMPROVEMENTS", of the DISI'RIcr'S CABlE CREEK CHANNEL at PAIM AVENUE within DISI'RIcr owned lams am CITY owned lams; New 'IHEREFORE, IT IS UNDERSIOOD AND MIJIUALLY AGREED AS FOJ:.IaVS; WHEREAS, the DISI'RIcr is the owner of the lams upon which the CITY desires to construct portions of said IMPROVEMENTS crossing CABlE CREEK CHANNEL at PAIM AVENUE ; WHEREAS, the CITY is the owner of certain lams upon which portions of said IMPROVEMENIS crossing CABlE CREEK at PAIM AVENUE will be constructed; 02-12459-69/ Rev. 11/80 Page_ of_ WHEREAS, both agencies are will:in;r to allow the constJ:uction, operation, and maintenance of the facilities on said agency's property, provided that the integrity and functional capacity of the facilities of the agency own:in;r the right-of-way are not iIlpaired thereby; WHEREAS, DISI'RIcr and CITY will mutually benefit by sett:in;r forth herein the rights and responsibilities of eaCh within AREA OF a::r.1M)N USE, said Area of Cammon Use is shown on Exhibit "A" attaChed hereto and made a part hereof; NOW'IHEREFORE, in consideration of the premises and mutual benefits derived, it is mutually agreed by and between the parties hereto as follows: A. CITY AGREES: 1. Insofar as to property owned by the DISI'RIcr: a. To acknowledge DISI'RIcr's title to the right of way and facilities in Area of Cammon Use and the priority of DISrRIcr'S title over CITY therein, and further acknowledges the right of DISI'RIcr, its successors or assigns, to use Area of Cammon Use in common with CITY without need for any further pennit or pennission from CITY, provided, however, that any suCh use by DISI'RIcr shall not ernanger, interfere or conflict with CITY'S facilities or their functional operation without approval first be:in;r obtained from the CITY of suCh plans, whiCh approval shall not be unreasonably withheld. b. That prior to future reconstruction of exist:in;r facilities, to apply for and obtain written approval from DISI'RIcr of plans incol:pOrat:in;r details pertaining to CITY and/or CITY agent's performance of construction activities within Area of Cammon Use. Application for said pennission shall be in writ:in;r accornpanied by four sets of contract plans and specifications. c. Accept full responsibility and cost for any and all reconstruction, maintenance or operation of the IMPRCJVEl.lENTS ly:in;r above the plane of the soffit of the deck structure, and includ:in;r the walkway approaChes, parapets and rail:in;rs. d. Indemnify, deferrl and hold hannless the D1:SI'RIcr, the County and their authorized agents, officers, volunteers and employees against any and all claims aris:in;r from CITY'S, acts or omissions and for any costs or expenses the DISI'RIcr, the County their officers, agents, volunteers or employees may sustain or incur or whiCh may be inposed upon them for injw:y to or death of any persons aris:in;r from this contract. In order to ac:corrplish the indemnifications herein provided for, but without limit:in;r the indemnification, the CITY shall secure and maintain throughout the term of the contract the follow:in;r types of insurance with limits as shown: Workers' CoIrpmsation - A program of workers' 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, includ:in;r Employer's Liability with $250,000 limits, cover:in;r all persons provid:in;r services on behalf of the CITY and all risks to suCh persons under the Agreement. Conprehensive General ard Autcmcbile Liability Insurance - 'Ihis coverage to include contractual coverage ard autc:l!robile liability coverage for =ned, hired, ard non-owned vehicles. '!he policy shall have combined single limits for bodily injmy ard property damage of not less than one million dollars ($1,000,000). Errors ard Omissions Liability Insurance (if applicable) with combined single limits of $1,000,000 for bodily injmy ard property damage. Professional Liability (if applicable) - Professional Liability Insurance with limits of at least $1,000,000 per claim. In lieu of naming the County as an additional insured, the policy may be en:lorsed as follows: "Insurance coverage afforded by this policy shall also apply to the liability assumed by this Insured un::l.er this Agreement with the County of San Bernardino Flood Control District for box culvert maintenance provided such liability results from an error, omission, or negligent act of the insured, its officers, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged." CITY shall furnish certificates of insurance ard certified copies of all policies ard en:lorsements to the DISTRIcr evidencing the insurance coverage above required prior to the cammencement of performance of services hereun::l.er, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the DISTRIcr, ard shall maintain such insurance from the time CITY connnences performance of services hereun::l.er until the CO!l1pletion of such services. All policies, with respect to the insurance coverage above required, except for the Workers' Conpensation insurance coverage ard professiOnal liability coverage, if applicable, shall obtain additional en:lorsements naming the DISTRIcr ard the County, their employees, agents, volunteers ard officers as additional named insured with respect to liabilities arising out of the perfonnance of services hereun::l.er . '!he City shall require the carriers of the above required coverages to waive all rights of subrogation against the DISI'RIcr ard the County, their officers, volunteers, employees, contractors ard subcontractors. All policies required above are to be primary ard non-contributing with any insurance or self-insurance programs carried or administeied by the DISTRIcr and/or the County. DISTRIcr hereby acknowledges that CITY is self insured as to various insurance coverages. DISTRIcr hereby waives the requirement for additional named insureds, for evidence of coverage ard for notice of cancellation. see attached Exhibit ''B'' for insurance documentation. 2 . Insofar as to the property =ned by the CITY: a. 'Ib permit the reconstruction, maintenance, ard use by DISI'RIcr of the flood control facility across CITY =ned lands within Area of ConuIv:ln Use; providing, however, that no such reconstruction, maintenance, or use proposed. by DISI'RIcr within Area of CoInroon Use shall be ccmnenced prior to execution of this agreement. b. To prcx::ess necessary permit or permits to DISl'RIcr upon proper application by DISI'RIcr as provided herein subject to the provisions and conditions of this Agreement. c. To submit to DISI'RIcr at least thirty days in advance, plans for any proposed road constJ:uction, reconstJ:uction or naintenance within Areas of CoInroon Use which nay endanger, interfere, or conflict with DISI'RIcr flood control facilities or their functional operation and obtain written approval from the District Engineer of DISl'RIcr of such plans. d. Accept full responsibility and cost for any and all reconstruction, maintenance or operation of the IMPROVEMENl'S lying above the plane of the soffit of the deck structure, and including the roadway approaches, parapets, walkways and railings. DISI'RIcr AGREES: 1. Insofar as to the property owned by the CITY: a. To acknowledge CITY'S title to right-of-way and facilities in Area of CoInroon Use and the priority of CITY'S title Oller DISl'RIcr therein, and further acknowledges the right of CITY, its su<X<?ssors or assigns, to use Area of COl1Unon Use in cOl1Unon with DISI'RIcr without need for any further permit or permission from DISI'RIcr, provided, however, that any such use by CITY shall not endanger, interfere or conflict with the flood control facilities or their functional operation without approval first being obtained from the Flood Control Engineer of such plans, which approval shall not be unreasonable withheld. b. That prior to future reconstruction of the flood control facility to apply for and obtain written approval from CITY of plans incorporating details pertaining to DISTRIcr and/or DISTRIcr'S agent's performance of construction activities within Area of CoInroon Use. Application for said permission shall be in writing accompanied by four sets of contract plans and specifications. c. Accept full responsibility and cost for any and all reconstruction, maintenance or operation of the IMPROVEMENTS lying below the plane of the soffit of the deck structure. d. Agrees to indemnify, defend and hold harmless the city, its authorized agents, officers, volunteers and employees against any and all claims arising from DISI'RIcr's acts or omissions and for any costs or expenses the CITY, its authorized officers, agents, volunteers or employees may sustain or incur or which may be imposed upon them for property darrage and/or injury to or death of any persons arising from this contract. 2. Insofar as to the property owned by the DISI'RIcr: a. To permit the constJ:uction, naintenance, and use by CITY of IMPROVEMENTS on DISTRIcr owned lands within Area of CoInroon Use; providing, however, that no such construction, reconstruction, maintenance, or use proposed i erelY~/} /}/ r o.n-v~<) . "/~~ ames E. Robbins Acting Director of Risk Management JR/sf cc: Pamela Thompson, Risk Manager County of San Bernardino Anne DeBolt Public Works/Engineering ? .-,,'. ;... <i-;'" , , by CITY within Area of CarnlIx:ln Use shall be cammenced until CITY shall have received the prior written approval of the a1i.ef Engineer of DISl'RICT of complete =nstruction plans an:l specifications, which approval shall not be unreasonable withheld if, in the opinion of said a1i.ef Engineer, such proposed utilization of DISTRICT facilities does not or will not =ntlict with, interfere with, or endanger said facilities or their functional operations. b. To process necessary pennit or pennits to CITY upon proper application by CITY as provided herein subject to provision an:l =nditions of this Agreement. c. To submit to CITY at lease thirty days in advance, plans for any proposed flood =ntrol =nstruction, re=nstruction or ll'aintenance within Area of CoIlIlron Use which ll'ay errlanger, interfere or =nflict with CITY IMPROVEMENTS or their functional operation an:l obtain written approval from the CITY of such plans. CITY OF SAN BERNARDlliO SAN BERNARDlliO C!XJNI'Y FLo::m CDNI'ROL DISI'RICT ~k-- ~M- ~I 7 ::.--j ~///?d~f/'/ City Clerk ,,-' \"\ \\ \ \ \ III ,......',..,. .....n;l;J.... (f/, ...... \.'.. ~';hl:~r 'I S!GNF.!t-~!l1:E!1;'~i[~ ~T;,:~i~~~,oF .T~IS [;OCW~E~{~"S~{~t't~:~~~.~~~B~ liD Tr~CrlAIA. r-I.'~'f. T~_.if:: "J'tij:~t1.,;~~':f';':J',,,, <) '~ ~ ,",I-\cJ-4l >:'.'~)~L. ~",-:..;.... .~t{f~ -;;:4;_~" ~ ~~ ~ -;:. it'H,.r~~,~~.::r:..jet :....... ":..'t! ~ ",__ "}'\' :....-......""1 ,.;;.\:~,_if~ ..c,,':' ',. ,.." .,..,., .;.. 'f;;-(lr~ :A~~f,...;1h.-1i'R".d ~~t~d~!::r~;~'!i;'s.~ ~ ~ ...,,":.,':"""f/-.~>'..." ,,"../._ :/ o'r'lhg Crnii\tY/I~f':~~;\. Rerr4C!.(N.'rO .- / .,-.....~....., ~. . '-,";, ~. It'. <'::.~' .~--= .'--- By (fl' . l;/j) ~R~'~"" ,:::-~ II ' -..'-' "I\~i\\\\\"'" ATTEST: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ,tf.4 ;{l ,(' , ~h~9J~(~;~d ~t~~~~~~~.. ,"- JUN' 25 1990 (State if corporation, company, ete.) Dated -~ (Authorized Signature) Dated - ~ Secretary of the Flood Control District Address ---------- ~ A'fTIOSTl=D: Title Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing ~ .7/ .jj; ~ ' .... I .//!!U /' '-tl~ - ~1l4,1'l\ County Counsel y- Agencv Administrator/CAD Date .9'""" Date ~ II d l<?c? Oat. 02~12459.697 Rev. 11/80 Page_ 01_ r \, 1""0701100 Rev. 10/11 MINUTES. OF THE BOARD OF SUPERVISORS 2 (300) O~lSAN BERNARDINO COUNTY, CALIFORNIA FCD. Zone -Gen ; Inc. Cities-San Bernardino; Agree. 90-636 June 25, 1990 FROM: REN A. MIU.ER, Director Transportation,lFlood Ocmtro1 SUBJECT: AGREEMENl' WI'IH Cl'lY OF SAN BERNARDmcl - FIlE: 2-309 REX:X:J.IMEmll\oo: 1Ictin;J as the governi.rg body of the Flood Control District, approve a..'OlLl1. Use Agreement between the City of San Bernardino and the District for street inprovements to Palm Avenue. BACKGR:XJND lllFORolATIOO: In conjunction with the pIqlOSEld inprovement of Palm Avenue at Cable Creek Olannel, the city has requested the right to use District owned lands for road pmpc.oo. '!he a':jLt",,"ent spells out each agency's rights within the pIqlOSEld area of a....lLd1 Use. REASON FOR RECOMMENDATlOO: Board awroval is required to effect this a\:lL......ent. REIIIE.W BY anIER llEPARIMENl'S: '!his a':jL".""elJt was reviewed with Deputy County Counsel Rex Hinesley on April 26, 1990 and by Risk Management staff in November 1989. FINANCIAL J::M'A: No financial inpact to the District will result fran this Cl':fL.....'ent. PRESENl'ER: Ken A. Miller .. cc: Flood Control-Mina Ghaly w/agreement City of San Bernardino, w/agreement c/o FCD . Auditor w/agreement Purchasing-Contract Complia Risk Management Public Works Group File w/agreement AC~~Ji\\ll.l't'Vl\'fflrd of Supervisors ~}w,.ll]o,..636 l~ .E.....!}" q,/ e A~ ~&f1i~~~~N~~~~~~'SORS MOTI~'~,~'::f~1,. ~;;''ly2'~::' : .!'V~ Ave Motion ... ,'" "1 ,-.,''11,,..,, "" . .<.:l: 4 5 /.. .~. ~ .) ",<,,~,':;"'." '" Qo ..' - <1'. . ..., ~ j .' l 'l. . .~. ~ EARLENE PR A'I', L~R~ CF~OARD I ,':;',.:J.{. .. ('I. "~'." \ ...::- BY 'i:,' "".". DATED:~'" ITEM 99 .....~.:~,... ~~' 5~-:.<~, . ." . . I .;.; . ,. . I ~ - . u Ql IV'- I i f , !(fj) -1-L: 82"'5 . ~ END 3. 37 +...... (fOCIe OJ' -0(:) r.) PffO TEC TSL , ~ I. ~"> ...-4. :)A-LM / !Z ,-4G (1)- . " . --w 5 A.VENUE z ;.; Cfl /s"w 811'60:1 f't/W END RAILa WIRE' EVETMEN T (RT.) fo b- ~ 'Sl/t-, /6"~~ "'J..... . i' BGN ROCK SLOPE a RAIL 8 WIRE - REVETMENT '" (It "" n ~O :t- Ilt ::g , ~ en'" % -t. . 0 -::g .~ i_ = t II ~ 0.. ~ ~04'"P~ 'JI" I I I CITY OF San Bernardino O"ICI 0' TN. CITY AOII''''I'''.TO'' .'IIC ......AO......' DIVI..ON April 13, 1990 Mr. Mina Ghaly Department of Transportation/Flood Control COUNTY OF SAN BERNARDINO 825 East Third Street San Bernardino, California 92415-0835 Re: Joint Use of Property at Cable Creek At Palm Avenue San Bernardino, California Our File 15.02-1073.0 : ~ - . . ~,- ~ Dear Mr. Ghaly: This letter is to inform you that the City of San Bernardino is self-insured for the first $500,000 of any workers' compensation claim and maintains an Excess Workers' Compensation Policy, through the Big Independent Cities Excess Pool, for $10,000,000 . combined workers' compensation and employer's liability. Also, with respect to general liability coverage, we are self insured for legal liability up to $1,000,000. A second $1,000,000 coverage is provided by the Big Independent Cities Excess Pool (BICEP). An excess policy issued by AIG in the amount of $8,000,000, brings coverage to the $10,000,000 level, where a $15,000,000 umbrella is added by BICEP to complete coverage to $25,000,000. Pursuant to your instructions, the following paragraph is in- serted as it relates to Professional Liability coverage: . "Insurance coverage afforded by this policy shall also apply to the liability assumed by this Insured under this Agreement with the County of San Bernardino Flood Control District for box culvert maintenance provided such liability results from an error, omission, or negligence of the insured, its officers, employees, agents of subcontractors. All other provisions of this policy are to remain unchanged." If you have any questions, please do not hesitate to contact me. EXHIBIT "B" PRIDE .,< "J;;;/E~S 3 0 Q NOR T Ii D' S T R e: E T, S,I\ N 8 ERN /II. R 0 I N O. . Ci\l.IFQRNIA 124'8.000t 1t.,'....I..