HomeMy WebLinkAbout32-Public Works
file No. 15.U~-1~j7
CITY OF SAN BERORDINO - REQUEST ~R COUNCIL ACTION
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From:
ROGER G. HARDGRAVE, Director
Subject:
Authorize Execution and Acceptancp.
of a Common Use Agreement with the
San Bernardino County Flood Control
District-Box Culvert at Cable Creek
and Industrial Parkway
Dept:
Public WorksfEngineering
Date:
June 1, 1992
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator
James F. Penman. City Attorney
Contact person:
AnnlPo np'Rnl+
Phone:
~"I?R
Supporting data attached:
~+Aff l1ppnrt, MAP! >>p~nl11tinn
Ward:
f,
FUNDING REQUIREMENTS:
Amount:
W<:'1l0
Source: (Acct. No.)
(Acc!, Description)
Finance:
Council Notes:
75-0262
Agenda Item No
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CITY OF SAN BERURDINO - REQUEST::PR COUNCIL ACTION
STAFF REPORT
The City of San Bernardino is building a box culvert across the intersection of
the Cable Creek Channel and Industrial Parkway - in the area where Hallmark
Parkway and Industrial Parkway are being extended to meet each other and to
accommodate improvements installed bv all adjoining subdivision.
The Flood Control District has offered a Common Use Agreement which is acceptable
to the City, which provides us with the authority to do the necessary work,
This individual acceptance is necessarv 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 bv
the attached letter, and the subject letter has been attached to the agreement as
required.
Upon execution of the Common Use Agreement by the Mavor, 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.
06/01/92
2
75-0264
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RESOLUTION NO.
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 A BOX CULVERT AND
OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE CABLE CREEK CHANNEL RIGHT-OF-WAY.
AND INDUSTRIAL PARKWAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mavor of the Citv of San Bernardino is
hereby authorized and directed to execute and accept on behalf of said City,
9 a Common Use ARreement with thH San Bernardino County Flood Control
10 District, a copy of which is attached hereto and incorporated bv reference
11 herein, as fullv as thollgh set forth in length. marked Exhibit "A", for the
12 construction of a box culvert and apPlIrtenances, more particularlv described
13 in said Common Use Agreement and concerning that certain real propertv in
14 the City of San Bernardino, County of San Bernardino, State of California,
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generally located across portions of the Cable Creek Channel right-of-wav at
Industrial Parkway. 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,
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06/01/92
ACCEPTANCE AND EXECUTION OF COMMON lJSE AGREEMENT: BOX cm,VERT AT CABLE CREEK
"ol-\ANNEL AND INDUSTRIAL PARKWAY
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I HEREBY CERTIFY that the foregoing resolution was dulv adopted bv
the
Mayor
and Common Council of the City of San Bernardino at a
___meeting
thereof
held
on the
dav
of
. 1992. by the following vote, to-wit:
(;OUN~IL~~IR_S :
AYES
NAYS
ABSTAlN
AB..'lENT
ESTRADA
8 REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Rachel Krasney, City Clerk
The
foregoing resolution is hereby approved this
dav
of . 1992.
_._ __ ..______ u ____
W. R. Holcomb, Mavor
Citv of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
_~J~~n-.~_________
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County Department
FOR COUN
Vendor Code
Contract Number
Dept
Orgn.
Contractor's License No.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
Trans FLOOD CONTROL DISTRICT
Flood Control District Contract Representative
Mina
Fund
092 092
Ph, EXI,
Amount of Contract
RFF
387-2597
Obj/Rev Source
-0-
ACtivity GRC/PROJ/JOB Number
FA29118
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount
110
FY
Project Name
Cable Creek Channel -I
~a;ndustrial Park- 1_ = I
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District,
hereinafter called the District, and
Name
r.TTY OF ~AN BERNARDTNO
Aodress
hereinafter called
"CITY"
,on N linn St.
~An R~~nA~rl;nnl CA Q?41R
Phone Birtn Date
1 5 f1? - 1 ?3J
;:eoera: ID ~Jo. or Social Security No.
iT IS HEREBY AGREED AS FOLLOWS:
..Use space below ana additions; bone sheets. Se~ forth sen'ice to be rendeted, amount to be pi:Jld, manner of payment, time for performance or camp/erion.
aetermination of s8t!sfactorv periQrmar7c€' end ~aU5e for termination, other terms and condition~, and attach plans, specifications, and addenda, if any.)
'IHlS AGREEMENl', made anj entered into this day of
19_, by anj between the CITY OF SAN BERNARDIOO, a mmicipal '^"'-J:JUl:ation of the
state of CalifonUa, hereinafter referred to as "CITY", anj the SAN BERNARDIOO
CXXJN'IY FLOOD cnnroL DISIRIcr, a body corporate anj politic of the state of
California, hereinafter referred to as "DISIRICl"'.
WITNESSETH
WHERFAS, CITY desires to effect, at 00 ocst to the District, operation anj
maintenance of a box a.1lvert crossin;J of Cable Creek Olannel at Industrial Parkway,
which =nshuction, operation anj maintenance will r"""""".itate CITY'S use of certain
District owned lams for road p.u:p-:S$; anj
WHERFAS, CITY desires to operate anj maintain said box a.1lvert anj
awn:tenances within DISIRIcr IllNtS anj within adjoinin;J CITY lands, which DIS'IRlcr
lams are hereinafter referred to as "AREA OF CXHI::N USE", which AREA OF CXHI::N
USE is shown on attached plat map marked "EXHIBIT A"; anj
,
F%!9118
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WHERFAS, DIS'mIcr desires to presetve, maintain, ocrlStruct and operate flood
control and water oanservatioololOrks within and across said AREA OF cx::JH:fi USE:
NCM, ~ut(t;, rr IS tDl~l\.oD AND H1lUALLY .1lGREEI) AS FOLI.CMS:
1. orsnucr hereby CXII'lSeI1ts to the J:eocn""L...lJCti.oo, maintenance and operatioo of
a box culvert and ~ thereto, at no expense to the Oistrict within
the AREA OF cnM::.tl USE and to allow Cl'lY and the travel~ public to occupy
and use said AREA OF a::tM:N USE for ..L......et and highway pnp:ses: prt:I\I'ided,
however, that no suci1 use, 00CI1pCI1'ICy, canst:ructioo, recol~LLlJCti.oo or
maintenance, shall be effected by the Cl'lY, its I'"~~ors or assigns, in any
manner which, in the opinioo of the Chief En1ineer of the Orsnucr,may
interfere or conflict with any stnJctures, facilities, operation or uses which
orsnucr has or int:en:ls to have upon said l.cIms,withCA.tt first subnittiIq plans
of suci1 occupancy or use to orsnucr's Chief En1ineer at least thirty days
prior to the date of suci1 intended 0CCl1pCl1'lCy or use and cbtain his written
ClWJ:aval therefore, which ~ shall not be unreasC81ably withheld, if in
the opinion of the Chief En1ineer, the pL' \.""<11 does not interfere or canflict
with the orsnucr's interests or the pmp:lSe of this ~=ll.el\t.
2. Cl'lY, its S''''O'>''''''OrS and assigns shall a~- full respollsibility for the
operation and maintenaooe of and liability for the roadway facilities
(in::1ulin;J all roadway culverts, pipes, box culvert, in::1ulin;J ~,
sidewalks and ather ~ works), fran the soffit of the box culvert up.
3. Cl'lY a.ckncliiledges orsnucr's right to AREA OF C'C.HoDi' USE and the priority of
orsnucr's right within AREA OF cx::JH:fi USE. Except in emergencies, Cl'lY
shall give reasonable notice to and cbtain written ~ fran the DIS'mIcr
before perfonnin;J any work on Cl'lY facilities in said AREA OF a::tM:N USE,
where such work will be perfonned within channel or levee areas, if which
said work will in any way alter or cilstruct the flow of or potential flow of
waters within said flood control and water 06nservatioo works.
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Cl'lY agrees to: aM
INDEmIFICATICN - '!he city agrees to imemnify, ~ am hold hazmless the
DIS'lRICl' an:ljor the camty am their agents, officers, volunteers am
enployees against any am all claiIns or actions arisin;r fran Cl'lY' s negligent
acts, errors or anissions in perfonnin;J services p.u:suant to this .......w.aet
am for any costs or expem;9S in::urred by the DISl'RICl' an:ljor the camty on
acccunt of any claim therefore.
INSURANCE - In order to a~' ish the in:iemni.fication herein provided for,
J::ut withoot limitin;r the imemni.fication, the Cl'lY shall secure am maintain
1:hrc:Klgha.It the tenn of the cont:ract the follCl'Ni.n:J types of insurance i ...<:I1M
by c::c.1lplI1ies acx:ept:able to the Risk Manager with limits as shown:
Workers CcItIoenSation - A prUl:lLc1ID of Workers' O::IIp!nsation insurance or
a state-cq:proved Self-Insurance PLUl:lLCUII in an am::mtt am f01lll to meet
all awlicable requirements of the Iabor Code of the state of
California, includirg ~oyer's Liability with $250,000 limits,
CCII7erin;r all persons provi.di.n;J services on behalf of the City am all
risk to such persons urr:Ier this J\greemerIt.
cu,.......hensive General am Aut:cm:bile T,i"hilitv Insurance - 'Ihis coverage
to include ocntractual coverage am autald:lile liability coverage for
owned, hired am ncn-owned vehicles. '!be policy shall have CXIIi:lined
sin;rle limits for bodily injury am prqlE!rty damage of not less than
one million dollars ($1,000,000).
Errors am OInk.dons T.i"hilitv Insurance - Cati:>ined sin;rle limits of
$1,000,000 for bodily injury am prqlE!rty damage or
Professional T ,i "hilitv - Professional liability with limits of at least
$1,000,000 per claim am in the c."",Legate.
AIDrrr~ Nl\MED INSURED - All policies, except for the worxers' O'''I.~lSlltion
coverage am Errors am CDissicns or Professional Liability, shall oantain
additional emorsemellts IlaIIIin;J DIS'lRICl' an:ljor camty enployees, agents,
volunteers am officers as additional named insurej with :r:espect to
liabilities arisin;r out of the perfCll:1tlaOOe of service he.reIJrD!r. For
Professional Liability coverage the DIS'lRICl' am the camty shall be named
as a designated persal :r:efe:r:encin;r this ay.........../t's Contract No. on the
policy .
WAIVER OF SUBROGATICN RIGIfl'S - Cl'lY shall require the carriers of the above
required coverages to waive all rights of subrogation against the DIS'lRICl"S
am the camty's officers, volunteers, E!I1'ployees, CXI1tractors am
subcontractors.
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roLIC"TR<l PRIMARY AND ~-a:tmmU'lORY - All policies required above are to
be primazy and non-oantributory with any insuran=e or self-insuran=e p1V\:jLCWR>
carried or administered by DIS'IRIcr and/or the Camty.
PRl:X>F OF CXlVER1lGE - CITY shall i.........n;,.tely fumish certificates of insuran=e
to the DIS'llUcr evi.derx::in:J the insuran=e cxweraqe above required prior to
the lY'01WTIlOllCE!meut of perfonnance of service hereun:ler. 'lhese certificates
shall provide that such insuran=e shall not be tenninated or expire withaIt
thirty (30) days written notice to the DIS'IRIcr and/or the Camty. Within
sixty (60) days of the o::mnerx:lE!III of this ~......ellt the cantractor shall
fumish certified cqlies of the policies and erDorsement:s.
INSURANCE REVIEW - '!he above insuran=e requirements are subject to periodic
review by the DIS'IRIcr and/or the Camty. '!he Camty's Risk Manager is
authorized, rot not required, to reduce or waive any of the above insuran=e
requirements wherever the Risk Manager detennines that any of the above
insuran=e is not available, is unreasooably priced, or is not ~ to
protect the interests of the DIS'IRIcr and/or the Camty. In addition, if the
Risk Manager detennines that heretofore unreasooably priced or unavailable
type of insuran=e cxweraqe or cxweraqe limits 00:' I...,. reasonably priced or
available, the Risk Manager is authorized, rot not required, to dIan;Je the
above insuran=e requirements to require additiooal types of insuran=e cxweraqe
or higher cxweraqe limits, provided that any such dIan;Je is reasonable in
light of past claims against the DIS'IRIcr and/or the Camty, inflation, or any
other item reasonably related to the Camty's risk.
Any such reduction or waiver for the entire term of the ~""'"'""'It and any
dIan;Je requirin:J additiooal types of insuran=e cxweraqe or higher coverage
limits IIUSt be made by amelldment within thirty (30) days of receipt.
DIS'IRIcr hereby ackr1cJwledges that CITY is self insured as to various insuran=e
coverages. DIS'IRIcr hereby waives the requiranent for additional named
insureds, for evidence of coverage and for notice of caooellation.
See attached Exhibit liB" for insuran=e docnlll<''1l:ation.
5. DIS'IRIcr shall iIrlemni.fy and hold hanDless the CITY their officers, agents,
volunteers and E!IIployees fran and against any and all claims, deman:is, loss
or liability of. any kiIrl or nature which the CITY and/or their officers,
agents, volunteers or E!IIployees, may sustain or incur or which may be i"t"""""'l
upon them, for ~'+'= ty damage and injury to or death of any persons ,",,11"ed
by the DIS'IRIcr's negligent use of the ARFA OF CXHt::N USE.
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AGREEMENT:
CONS~RUCTION OF IMPROVEMENTS ACROSS PORTIONS OF
CAB: CREEK CHANNEL AND INDUSTF-" L PARKWAY.
6. DIS'lRIcr has am reserves the right to use ARFA OF ~ USE in any manner
. not in conflict with CITY'S needs for the}IL'~ plblic roadway i:aprovement,
withalt I"""'-'~ity for any further pennit or pemi.ssion fran CITY. DISlRIcr
shall, """""'T'L in emergen:::ies, give reasonable notice to CITY before perfonnin;J
any work which may affect CITY'S facilities in said ARFA OF ~ USE.
'lHIS AGREEMENl' shall inure to the benefit of am be bi.nlirJ;J upon the
EO~~"'t'S am assigns of both parties.
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Approved as to form
and legal content:
James F. Penman
City Attorney
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
BYi.~)-. ~~
~Y OF SAN BERNARDINO,
a Municipal Corporation
(State if corporation, company, etc.)
~
Chairman, Board of Supervisors
By ~
(Authorized Signqlure)
Dated
Dated
ATTESTED:
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Secretary of the Flood Control District
Title Mayor
300 North "D" Street
Address !':"n Rprn"rrlinor CA q241R
Date
I Review d as 10 ~malive A~'ion
I~~ULJ -
I Dale ~--/'t. f:;.
! Reviewed for Processing
Approved 8S 0 Legal Form
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~ ,(C
County Counsel
>'" ?.{-"!'J?...
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Agency Aominls!rator:C':"O
Date