HomeMy WebLinkAbout21-Public Works
CITY OF SAN BERN&DINO
File No. 15.02-1107
- REQUEST FQ. COUNCIL ACTION
ROGER G. HARDGRAVE. Director
Subject:
Authorize Execution and Acceptance
of a Common Use Agreement with the
San Bernardino County Flood Control
District: East Rialto Storm Drain
FO
Dept:
Public Works(Engineering
Date: September 24, 1990
Synopsis of Previous Council action:
NONE
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Recommended motion:
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ADOPT RESOLUTION
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cc: Shauna Edwins, City Administrator
James F. Penman, City Attorney
Contact person: Ann" n"Bolt
Phone:
5328
Supporting data attached:
Staff R"port. Man. Resolution Ward:
3
FUNDING REQUIREMENTS:
Amount:
Nnnp
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
COI Notes:
09/24/90
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e.TY OF SAN BERNAQ,.NO - REQUEST F~ COUNCIL ACTION
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STAFF REPORT
The City of San Bernardino will be widening Rialto Avenue across portions of the
East Rialto storm Drain right-of-way lying East of Macy Avenue. This widening is
to accommodate improvements installed by an adjoining subdivision.
The Flood Control District will not grant easement over the land in question as
they must also use the area in the maintenance of their East Rialto Storm Drain
at the above location. 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.
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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.
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1,5.0264 09/24/90
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF A C0Ml10N USE AGREEMENT WITH THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT FOR THE WIDENING OF RIALTO AVENUE, AND OTHER
IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED EAST OF MACY STREET.
BE IT RESOLVED BY THE MAYOR AND C0Ml10N 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
widening of Rialto Avenue, and including construction of a box culvert
crossing, including curbs, gutters. landscaping and appurtenances, more
particularly described in said Common Use Agreement and concerning that
15 certain real property in the City of San Bernardino. County of San
16 Bernardino, State of California, generally located East of Macy Street on
17 Rialto Avenue. Said City consents to the recordation thereof.
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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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09-24-90
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12 POPE-LUDLAM
13 MILLER
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ALA..!:.!' iAM..1:. ANIJ .!:.AJ:.LU liUN Ur LUMON
/'lACY STREET
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USE AGREEMENT: RIALTO AVENUE,
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EAST OF
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 the
day
of
, 19_____, by the following vote, to-wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
City Clerk
The foregoing resolution is hereby approved this
day
, 19_____
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
. ( 81.-1/)~~
By:
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FOR DISTRICT USE ONLY
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1M" ..rnerdlno County Flood Control Dln,1
Contr-=t "Number
Flood Control Ot.trlct ContrKt fIlep,...ntlltl..,.
Contrector'. L.lcen_ Number:
Mina Ghaly
2597
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
STANDARD CONTRACT
Bud..t Unit No.
010
Sub.Qbject No.
Job No.
FA18914
I contr..:t h.. mo,. then one pevm.rlt or receipt.
complete the following:
Peymentt E.tlmate:
Approxlm..e Amount Each:
Amount of Contrec:t
Project Nam.:
East Rialto Storm Drain -
COIIIDOn Use Agreement
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
Nam.
City of San Bernardino
Add,...
300 N. "D" Street
San Bernardino. CA 92418
Phone 81"" O.te
hereafter called
CITY
Fed.ral 10 No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
rUM rpace below IIfId addition'" bond shHts. Ser forth .rvice to be rendered. /IfTIounr to be ".id, mMlfHIr of ~menr, rime
for perforrmmce or complerion, dererminllrion of urisfactory performance and CIlUM for rerminlltion, other rerm. ..d
condirion.. and arr.ch pi..., rpecificllrion., and addenda, if any. I
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'IHIS AGREEJmrl', IIIi!Ide an::J. entered into this day of
19_, by an::J. betwen the CI'lY OF SAN ~, a 1IID'li.cipal. cxn:pot..tia'l of the
state of california, hereina1'ter referred. to as "CI'lY", an::J. the SAN BERNARDI!<<)
cx:umc FI!lOD CXHlK)L DISmIcr, a body .......y.&..te an::J. politic of the state of
california, hereina1'ter referred. to as "DIS'IRIcrn.
WITNESSETH
~, CI'lY desires to effect, at !Xl cost to the District, the ccnstructia'l,
c:peraticn an::J. mainter1ance of a ..L......t wideninq project for Rialto Averue across
porticms of EAST RIAIl10 S'ltHI IIW\N Right-of-way mic:h ccnstructia'l, c:peratia'l
an::J. mainte1ance will r--'ftitate CI'lY'S use of certain District awned lan:Js for
rOIId p.u.p ill; an::J.
~, CI'lY desires to ~_L...x:t:, c:perate an::J. maintain said road wi.denin;J
an::J. app.u:tenaIXles within DISmIcr IANIS an::J. within aQjoini.n; CI'lY lams, which
DISmIcr lands are hereina1'ter referred. to as "ARFAS OF ~ USE", which AREAS
OF ~ USE are shewn en attadled plat IIl!Ip IIIiU:Xsd "EXHIBIT A": an::J.
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~'12.5I-611 R.v. 111110
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EXHIBIT "A"
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WHEREAS, DIS'lR[Cl' desires to pt!sarve, maintain, OOr."LuICt ani qleX'ate flood
cxmtrol ani water CXlI'lSerVllticn wrks within ani across said ARFAS OF ~ USE;
}Qq, ~1Jl<I:O, IT IS UtlIJtK:i.1U)1) AND K1lUALtN AGREED lIS ro~:
1. DISlRICl' hereby c:xn;ents to the oanstruct:icn, reocnstructicn, maintenance
ani qleX'aticn of a ..t.........t. widenin} project ani cq:p.lrt:enanoe thereto, at no
expense to the District within the ARFAS OF ~ USE ani to allow CI'lY ani
the travelin;J plblic to occupy ani use said ARFAS OF CXJoH:N USE for street ani
highway purposes; provided, however, that no such use, occupancy,
oanstruct:icn, reccnstructicn or maint:enanae, shall be effected by the CI'lY,
its S'.lOOO"'~= or assigns, in arrj manner which, in the opinicn of the Olief
Engineer of the DISlRICl',may interfere or Calflict with arrj stnlctures,
facilities, qleX'aticn or uses which DISlRICl' has or i.nten:Is to have upon said
lards,without first sul:lni.ttinq plans of such occupancy or use to DISlRICl"S
Olief Ergineer at least thirty days prior to the date of such i.nten:ied
nrY"Il{'e'ncy or use ani obtain his written ~ therefore, which ~
shall net be withheld, if in the opinicn of the Olief Ergineer, the 1'.1."10""1
does net interfere or Calflict with the DISlRICl"S interests or the pJrpOSe
of this llyL...........lt.
2. CI'lY, its ""~'!:?rS an:i assigns shall "0;;."'''''''' full responsibility for the
operation and maintenance of ani liability for the roadway facilities
(inc1\Xlin;J all roadway culverts, pipes, sidewalks, ani ather ~
wrks).
3. CI'lY acknowledges DIS'lR[Cl"S right to ARFAS OF ~ USE am the priority
of DIS'lR[Cl"S right within ARFAS OF cx::HD{ USE. Except in emeJ:getX:ies, CI'lY
shall give reascnable notice to ani obtain written awxalTal fran the DISlRICl'
before performing arrj work cn CI'lY facilities in said ARFAS OF ~ USE,
if which said work will in arrj way alter or c:iJstruct the flow of or potential
flow of waters within said flood cxmtrol ani water oonseJ:Vation \>'Orks.
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o 4. CITY shall .imemni.fy, defend and hold haJ:mless the DISmICl' am,tor the
Camty of san Bernardino, their officers, agents, volunteers and E!IIployees
fran and against any and all ol..i_, c:lesDan:1s, loss or liability of any kini
or nature which the DISmICl' am,tor Camty, their officers, agents, volunteers
or E!IIployees, my sustain or in::ur or which my be i"V'"""" upon them, for
property ~ and injury to or death of any persalS.
womers' O-"1.--ticm: stat:utory Wol:Xers' o."lensaticn Insurance. '!he
CITY shall require the carriers of this coverage to waive all rights of
subrogation against the DISTRICl' or the County, their officers,
volunteers, employees, contractors and suI:x:lontractors.
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Comprehensive General and ~le IDsuraIIae: 'lhis coverage to
include contractual coverage and aut:.cmJbile liability coverage for
owned, hired, and non-owned vehicles. '!he policy shall have caJi:)ined
single limits for bodily injury and property ~ of not less than
one million dollars ($1,000,000). Errors and anissians liability
insurance with canbined single limits of $1,000,000 for bodily injury
and property damage.
CITY shall furnish certified copies of all policies and endorsements to
the DISl'RICl' evidencing the insurance coverage alxlve required prior to
the COIIIIIIenc8lllm1: of perfo.".......... of services herwnder, which shall
provide that such insurance shall not be terminate::l or expire except
witha1t thirty (30) days written notice to the Department.
All policies, with Iespect to the insurance coverage alxlve required, except
for the ~..' ('\"I.eJlSaticn insurance coverage, shall obtain additional
endorsements naming the DISl'RICl' and the Camty, their employees, agents,
volunteers and officers as additional named insured with respect to
liabilities arising out of the perfonnanoe of sexvices hereun:ler.
DISTRICl' HEREBY ~ '!HAT CITY IS SEIF INSURED AS '10 VARIOOS INSURllNCE
COVERAGES. DISTRICl' HEREBY ~ '!HE ~ FOR AOOrrIctW.o lwmD
o INSURED, FOR E.VIIENCE OF CDVERAGE AND FOR NOl'ICE OF CANCELIATIOO.
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SEE ATrJ\CfED EXHIBlT liB" PtR INSURANCE JXX:XMENrATIaq.
5. DIS'1mC1' has and reserI8S the right to use AREl\S OF ~ USE in any manner
nX. in cxnflict with ClTlC'S needs for the iU-'lJOSEld pmlic roadway inpravement,
witha1t r--eity for any further pemi.t or petmissial fran ClTlC. DIS'1mC1'
shall, except in emergen::ies, give reasooable nX.ioe to ClTlC before perfCl%llli.n;J
any wo%K ~ch may affect ClTlC'S facilities in said AREA OF a::HDf USE.
THIS AGREEMENT shall inure to the benefit of and be binlln;J upon the
S!'OOe"""""l'S and assigns of both parties.
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SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
CITY OF SAN BERNARDINO
.
Chai rman, Board of Supervisors
(Sram if corporation, company, err;.J
By.
Dated
(Authorized Signature)
Dated
ATTESTED:
.
Secretary of the Flood Control District
Address
300
San
Mayor
N. "D" Street
Bernardino, CA.
Title
.viewed .. to Affirmative Action
Aeviewad for Processing
.
.
Agency Admlnistrator/CAO
PENllAN
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02-12459.0697 Rev. 11/80
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CITY OF
San Bernardino
OFFICE 0' 'HI CITY ADMINIITRATOR
RIIK MANAGEMEN' DIVIIION
September 24. 1990
File No. 15.02-1107
Hr. Mina Ghaly
Department of Transportation/Flood Control
County of San Bernardino
825 East Third Street
San Bernardino. CA 92415-0835
Re: Joint Use of Property at Rialto Avenue
East of Macy Street
FCD, Zone 2, File No. 2-105/2.09
San Bernardino. California
Dear Mr. Ghaly:
This letter is to inform you that the City of San Bernardino is self-
insured for any workers' compensation claim and maintains an Excess
Workers' Compensation Policy through the Big Independent Cities Excess
Pool for statuatory liaits. employer's liability.
With respect to general liability coverage, we are
$1.000.000. The Big Independent Cities Excess Pool
coverage up to $25,000.000.
self-insured for
(BICEP) provides
Pursuant to your instructions, the following paragraph is inserted 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 froa an error, ommission. or negligence of
the Insured. its officers, employees, agents or
300 NORTH 0 STREET. SAN BERNARDINO.
C.ALIFORNIA 112418.0001 714/1'.-1'"
PRiDE -4<4
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Septe.ber 24, 1990
FCD, Zone 2, File No. 2-105/2.09
Joint Use of Property at Rialto Avenue, East of Macy street
Page Two
subcontractors.
unchanged. "
All other provisions of this policy are to remain
If you have any questions. please contact me.
V t r Lorch
-Director of Risk Management
VL/ld
cc: Pamela Tholllpson, Risk Manager
County of San Bernardino
Anne DeBolt. Real Property Specialist
Public WorksfEngineering