HomeMy WebLinkAbout49-Public Works
CITY OF SAN BERI
\RDINO~EQUEST
file No. lS.02-1073.D
')R COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Authorize Execution and Acceptance
of a Common Use Agreement with the
San Bernardino County Flood Control
District re: Palm Avenue at Cable
Creek Channel
Dept:
Public Works(Engineering
Date:
April 12, 1990
Synopsis of Previous Council action:
04-03-89
Authorization to Proceed with Assessment District for the
improvement of the Verdemont area, including Palm Avenue.
Recommended motion:
Adopt Resolution
Marshall Julian, City Administrator
James F. Penman, City Attorney
Jim Richardson, Deputy City Administrator/Development
lA~~
Contact person:
Anne DeBolt
Phone:
Staff Report, Map, Resolution Ward:
5328
Supporting data attached:
5
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
04/12/90
75-0262
Agenda I tern No.
;.j.q
. CITY OF SAN BEAN - ADINO - AEQUEST r"'R COUNCIL ACTION
STAFF REPORT
Due to the development of the Verdemont area located North of the 1-215 freeway,
it was necessary to obtain an easement for street and highway purposes from the
San Bernardino County Flood Control District to widen and improve Palm Avenue and
to construct a box culvert at Cable Creek.
The Flood Control District was reluctant to grant an easement over the land in
question as they must also use the area in the maintenance of their Flood Control
Channel located at Cable Creek. They have therefore offered a Common Use
Agreement which is acceptable to us, and provides us with the authority to do the
necessary work.
This individual acceptance is necessary as the Common Use Agreement from the
County contains certain conditions and covenants. The document, however, does
not contain any unduly adverse restrictions or reservations, and no appropriation
of money is required.
The Flood Control District has accepted our self insurance status as evidenced by
the attached letter, and the subject letter has been attached to the agreement as
required.
Upon execution of the Common Use Agreement by the Mayor, the document will be
returned to the Flood Control District for their execution and recording.
It is therefore Staff's recommendation that the Resolution be adopted and the
document(s) be executed.
04-12-90
75-0264
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CITY OF SAN BERNARDINO
FILE NO.: 15.30- 073.0
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EASEMENT FOR: Street and highway purposes
LOCATION: Portion of Palm Avenue
North of Little League Drive
4-12-90
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1 RESOLUTION NO.
,
2' A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO
3 COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF STREET AND FLOOD
CHANNEL IMPROVEMENTS CONCERNING PROPERTY GENERALLY LOCATED AT THE
4 INTERSECTION OF PALM AVENUE AND THE CABLE CREEK FLOOD CHANNEL.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
7
SECTION 1.
That the Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute and accept on behalf of said City,
9 a Common Use Agreement with the San Bernardino County Flood Control
10' District. a copy of which is attached hereto and incorporated by reference
11 herein. as fully as though set forth in length, marked Exhibit "A", for the
12
construction of a box culvert crossing, including curbs.
gutters.
13 landscaping and appurtenances. more particularly described in said Common
14 Use Agreement and concerning that certain real property in the City of San
15 Bernardino, County of San Bernardino, State of California. generally located
16 at the intersection of Palm Avenue and the Cable Creek Channel. Said City
17 consents to the recordation thereof.
18
SECTION 2.
The authorization to execute the above-referenced
19 agreement is rescinded if the parties to the agreement fail to execute it
20 within one hundred twenty (120) days of the passage of this resolution.
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04-12-90
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04-12-90
.--i.I.I..t..t'lr\.;~l.L ."""\..~J.J L.\..Ll.-Lii.'v.l v.c .,-,V,,,lv,,,,""'=:---:\VJ.'-..L.L.1L.'l1. Li\L.J ...l....,'vL \..... \..\_i.n....~
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
on the
of
held
day
, 19 , by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The
foregoing resolution is hereby approved this
day
of
. 19
W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
By:
2
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
STANDARD CONTRACT
FOR DISTRICT USE ONLY
San Sernardlno CountY Flood ContrOl 'rlet Contract Numb.r
Flood Control District Contract Repr...ntlltlve Contractor', L.lc;..,.. Number
Mina Ghaly Ph Ex' 2597
Budget Unit No. I Sub-obJeot No. I F6~;O' I JO;;S906 I Amount of ConttK
Project Nama: I contr.:t h.. mo,. than on. Payment or reciiiit
Cable Creek at Palm Avenue complete the following:
PaylTMntl E.tlmata:
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
N.....
City of San Bernardino
Add,..
300 No. "0" Street
San Bernardino. CA 92418-0001
Phon_ Birth Date
384-5111
Fed.ra' 10 No. or Socia' Security No.
hereafter called
CITY
IT IS HEREBY AGREED AS FOllOWS:
(Uu sp_ below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time
for performance or completion, detrlrmination of satisfactory performance and cause for trlnnination, other trlnns and
conditions, and attach plans, specifications, and addenda, if any.1
'lHIS AGREEMENl', made ani entered into this day of ,
19_, by ani between the Cl'lY OF SlIN BERNARDINO, a IILDli.cipal =zporation of the
state of California, hereinafter referred to as "Cl'lY", ani the SlIN BERNARDINO
a::xJmY FLOOD cx::NIroL DISTRIcr, a body co%pOX'ate ani politic of the state of
California, herei.naft:er referred to as "DISTRIcr".
WITNESSETH
WHEREAS, Cl'lY, desires to construct, operate ani maintain, at no cost to the
DISTRIcr, a box culvert crossin;, incll.ll:ii.n; curl:ls, gutters, lani'!'("<:lf'in; arxl.
aJ;:PJrtenances, herei.naft:er referred to as "IMPlilOVEMENl'S", of the DISTRIcr'S CABIE
CREEK CH1lNNEL within DISTRIcr owned lards ani the DISTRIcr desires to operate ani
. ,
maintain at no cost to the Cl'lY said box culvert crossin} of CABIE CREEK CH1lNNEL
at PAIM AVEHlE within Cl'lY owned lards; NCM 'IHEREFORE, IT IS UNDERS'l\XlD AND
Ml1IUALLY 1\GREED AS FOI.I.a'IS;
WHEREAS, 1;he DISTRIcr is the owner of the lards upon which the Cl'lY desires
to construct portions of said IMPIilOVEMENl'S crossin; CABIE alEE:K CH1lNNEL at PAIM
AVEHlE;
WHEREAS, the Cl'lY is the owner of certain lards upon which portions of said
IMPIilOVEMENl'S crossin; CABIE CREEK at PAIM AVEHlE will be constructed;
02-12459-6'.' Rev. 11'10
EXHIBIT "A"
p._ of_
WHEREAS, both agencies are willin;r to allow the other aqf!fC'Cf to effect
oonstructi.on, operation, and maintenance of the facilities on said agency's
prcperty, prcvidsd that the integrity and functional <"<"P'"dty of the facilities
of the aqf!fC'Cf ownin;J the right-of-way are not i'T"ired thereby;
WHEREAS, Drsmrcr and CITlt' will nutually benefit by settin;J forth herein the
rights and respollsibilities of each within ARFA OF <:x:Hal USE, said Area of
a........0I Use is shatm on Exhibit "A" attactled hereto and made a part hereof;
NCM 'Ilil!:REi0RE, in consideration of the PT""'i-'ilS and lIUtual benefits derived,
it is lIUtually agreed by and between the parties hereto as follows:
A. CITlt' 1\GREES:
1. Insofar as to prcperty CMl'led by the Drsmrcr:
a. To acknowledge Drsmrcr'S title to the right of way and
facilities in Area of Calm:ln Use and the priority of Drsmrcr'S title aver CITlt'
therein, and further acJcnc:Mleclges the right of Drsmrcr, its SU~~""l:S or
assigns, to use Area of CcmIa1 Use in 0.,.,.10 with CITlt' without need for any
further pemi.t or permission fran CITlt', provided, hc1.vever, that any sud1 use by
DISlRIcr shall not en:lan;Jer, interfere or conflict with CITlt"S facilities or
. their functional operation withalt a~ first bein;r obtained !ran the CITlt' of
sud1 plans, which awroval shall not be unreasonably withheld.
b. 'Ihat prior to future reconst:ructi.on of existing facilities, to
apply for and obtain written a~ fran Drsmrcr of plans inc:oJ:porating
details pertaining to CITY and/or CITlt' agent's performance of construction
activities within Area of Camr:ln Use. Application for said permission shall be
in writin;r aOClCllTpCUl.ied by foor sets of contract plans and specifications.
c. Accept full responsibility and cost for any and all
reconst:ructi.on, maintenance or operation of the lMPRJVEMENlS facilities lyin;r
above the plane of the soffit of the deck structure, and inc1udinq the walkway
awzw,c:hes, parapets and railin;rs.
d. Irrlemni.fy, deferr:i and hold harmless the Drsmrcr, the County
and their authorized agents, officers, volunteers and enployees against any and
all claims arisin;r fran CITlt"S, acts or anissions and for any costs or expenses
the Drsmrcr, the County their officers, agents, volunteers or enployees may
sustain or incur or which may be i.l!iXlS9d upon them for injury to or death of any
persons arisin;r fran this contract. In order to aCCOllplish the inlemni.fications
herein provi~ for, but withalt limiting the inlemni.fication, the CITlt' shall
secure and maintain th:rougi'loot the tenn of the contract the followin;r types of
insurance with limits as shatm:
Workers' CCIlpansation - A pt'""::l.l.cwa of 1IIOrkers' canpensation Insurance or a
State-awroved self Insurance P.l.'""::l.l.cwa in an ano.mt and fOIlll to meet all
applicable requirements of the I.abor COde of the State of California,
inc1udinq :eIployer's Liability with $250,000 limits, coverin;r all persons
providin;r setVices on behalf of the CITlt' and all risks to sud1 persons un:ler
the Agreement.
Carprehensive General an:! A\.1t:aIlCi)ile Liability :rnsuranoe - '!his coveraqe to
in::lude oantractual ccwerage an:! autaDcbile liability ccvemge for owned,
hired an:! non-owned vehicles. 'lhe policy shall have ClCIIbined sin;le limits
for ~y injmy an:! prcparty rl"""9" of IXlt less than one million dollars
($1,000,000).
ELL......S an:! anissions Liability Insurance (if awlicable) with canbined sin;le
limits of $1,000,000 for bodily injuxy an:! prcparty damage.
Professional Liability (if awlicable) - Professional Liability Insurance with
limits of at least $1,000,000 per claim. In lieu of nami1'r:J the Camty as an
additional insured, the policy may be erxlorsed as follows:
"Insurance coverage affm:ded by this policy shall also awly to the liability
<l.....'IIII<lI"I by this Insured un:ler this 1lgreement with theCamty of San Bernardino
Flood Q:lt,L......l District for box o.Il.vert maintenaIx:e provided such liability
results from an error, anission, or negligent act of the insured, its
officers, enployees, agents or subcontractors. All other provisions of this
-policy are to remain unchan;Jed."
Cl'lY shall fumish certificates of insurance an:! certified cq>ies of all policies
an:! endorsements to the DISmICT evidencin; the .insurance coverage above required
prior to the c:anmencement of performance of services her'eUrx:Ier, which certificates
shall provide that such insurance shall IXlt be t<>"";1'lated or expire witholt
thirty (30) days written IXltice to the DISmICT, an:! shall maintain such insurance
fran the time Cl'lY .......,..ences performance of services her'eUrx:Ier until the OCIIpletion
of such services.
. All policies, with respect to the insurance coverage above required, except for
the Workers' CCI1p!nsation insurance coverage an:! professional liability coverage,
if a~licable, shall obtain additional en:lorsements nam:in;J the DISmICT an:! the
County, their enployees, agents, volunteers an:! officers as additional named
insured with respect to liabilities arisin; out of the performance of services
hereun:ler .
'!he city shall require the carriers of the above required coverages to waive all
rights of subrogation against the DISmICT an:! the Camty, their officers,
volunteers, enployees, contractors an:! subcontractors.
All policies required above are to be pri.ma;}r an:! non-contributin;r with any
insurance or self-insurance programs carried or administered by the DISmICT
and/or the County. .
DISmICT hereby acknowledges that Cl'lY is self insured as to various insurance
coverages. DISmICT hereby waives the requi.reIrent for additional named insureds,
for evidence of coverage an:! for IXltice of cancellation.
see att....loed Exhibit "B" for :insurance kYoI......tation.
2. Insofar as to the property owned by the Cl'lY:
a. To pelJIlit the reoonstJ:uction, maintenance, an:! use by DISTRICT
of the flood control facility across Cl'lY owned lan:1s within Area of Ccmm:ln Use;
prcvidin;J, ha.lever, that no such rec:onstruction, maintenance, or use proposed by
DISmIcr within Area of 0.....11'1 Use shall be o....-l'lCed prior to exec:uti.a'1 of this
~.........t.
b. To pzooess nee; ~-ry pemi.t or pemi.ts to DISmIcr upon tlL_
applicatia11:1y Drsnu:cr as prcvided herein subject to the prtlII'isions and con:l.i.tions
of this A,j1.....e..ellt.
c. To sutmit to orsnu:cr at least thirty clays in advance, plans
for any ~~ road construction, rec:cnstJ:uction or maintenance within Areas of
0.....(1 Use which rray en:IarJ;Jer, interfere, or conflict with orsnu:cr flocxi control
facilities or their fuIx:tional operation and obtain written a~ fran the
District ErxJineer of Drsnu:cr of such plans.
d. Accept full responsibility and' cost for any and all
reconstzucti.on, maintenance or operation of the ~ lyin:.J above the
plane of the soffit of the deck struc:ture, and inc1\ldin1 the roadwayawroaches,
parapets, walkways and railin:.Js.
.
DISmIcr 1\GREES:
1. Insofar as to the property owned 1:Iy the CI'lY:
a. To acknowledge CI'lY'S title to right-of-way and facilities in
Area of O:mnon Use and the priority of CI'lY'S title aver DISmIcr therein, and
further acknowledges the right of CI'lY, its 9lOO'*'';Ors or assigns, to use Area of
COllllllon Use in cOllllllon with DISmIcr without need for any further pemi.t or
pemi.ssion fran DISmIcr, provided, however, that any such use 1:Iy CI'lY shall not
. endanger, interfere or conflict with the flocxi control facilities or their
fuIx:tional operation withcut approval first bein:.J obtained !ran the Flocxi Control
En;j'ineer of such plans, which a~ shall not be unreasonable withheld.
b. That prior to future reconstruction of the flocxi control
facility to apply for and obtain written a~ !ran CI'lY of plans .i.ncoJ:poratin:J
details pertaining to DISTRIcr and/or DISTRIcr'S agent's performance of
constJ:ucti.on activities within Area of a........... Use. Application for said pemi.ssion
shall be in writin:.J a~ed 1:Iy fem'sets of contract plans and specifications.
c. Agrees to in:lemni.fy, deferxi and hold hannless the City, its
authorized agents, officers, volunteers and errp,layees against any and all claims
arisin:.J fran DISmIcr'S acts or anissions and for any costs or expenses the CI'lY,
its authorized officers, agents, volunteers or' errployees rray sustain or incur or
which rray be in;;losed upon them for property darrage an::l/or injury to or death of
any persons arisin:.J fran this contract.
2. Insofar as to the property owned 1:Iy the DISTRIcr:
a. To pemi.t the construction, maintenance, and use 1:Iy CI'lY of
IMPROVEMENTS on DISTRIcr owned lands within Area of O:mnon Use; providin:.J,
however, that no such constJ:ucti.on, reconstruction, rraintenance, or use proposed
by CITY within Area of O:mnon Use shall be c:cmnenoed until CI'lY shall have
received the prior written approval of the arief En;j'ineer of DISTRIcr of cx:arq:>lete
constJ:ucti.on plans and specifications, which a~ shall not be unreasonable
withheld if, in the opinion of said arief En;j'ineer, such prt:pJSed utilization of
DISTRIcr facilities does not or will not conflict with, interfere with, or
en:IarJ;Jer said facilities or their fuIx:tional operations.
b. To procr~ neoe"a~ry pmnit or pexmits to. ~ upcn prqleX'
~ication by ~ as provided herein subject to prevision an:! conditions of
this ~......ua&.t.
c. To subnit to ~ at lease thirty clays in advance, plans for
arrf }'4~ floccl .......L..vJ. construction, reoonstruc:tion or maintenance within
Area of n..... " Use which may endanger, interfere or CXlI'lflict with ~ IMPRJVEMEm'S
or their functional operation an:! dJtain written a~ fran the ~ of such
plans.
~ OF SAN BERNARDIOO
SAN BERNARDINO CXXJNl'l{
FLOOD cx::mH)L orsmrcr
Mayor
ATTEST:
City Clerk
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
.
Chairman, Board of Supervisors
(State if corporation. company. fltc.)
By.
Dated
(Authorizld Signature)
Dated
ATTESTED:
.
Title
.
Secretary of the Flood Control District
Address
A..'~~O LOl'/21' j'
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CountY Counsel
Do.o 4 -((-7 c/
Aevlewed .. to AfflrmatlYII Action
Reviewed for Proulling
.
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Agency Admlnlstrator/CAO
Oat.
Oat.
02-1245''''7 Ray. 11'80
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-
CITY OF
San Bernardino
ap"e. 0' THI CITY ADMINISTRATOR
"IlK MANAGE".NT DIVISION
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.
300 NORTH 0' STREET SAN BERNARDINO
CPoLIFQRNIA 92418.0001 714/3'..1'01
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EXHIBIT "B"
i . erelY'6 ,,/ ,/
[-:1..... --- ':0. c.::f'~"_'>----.
ames E. Robbins
Acting Director of Risk Management
JR/sf
cc: Pamela Thompson, Risk Manager
County of San Bernardino
Anne DeBolt
Public Works/Engineering