HomeMy WebLinkAbout23- Public Works File No. 13.02-1239
CITY OF SAN BERN. IDINO - REQUEST V R COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Authorize Execution and Acceptance
of a Common Use Agreement with the.
Dept. Public Works/Engineering San Bernardino County Flood Control
Disiricl. - Mill Street widening at
Date: April 11 , 1994 Mill Basin (Mill & Meridian)
Synopsis of Previous Council action:
NONE,
Recommended motion:
ADOPT RESOLUTION
cc: Shaun Clark, City Administrator $ignature
James F. Penman, City Attorney
Contact person: Anne DeBolt Phone: 5178
Supporting data attached: Staff Report, Man, Resolution Ward: 9
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.l
(Acct. Descriotionl
Finance:
Council Notes:
75.0262 Agenda Item NO. IR
CITY OF SAN BERNI ZDINO - REQUEST FO-4 COUNCIL ACTION
STAFF REPORT
The City of San Bernardino is widening Mill Street between Pepper Avenue and
Meridian Avenue in order to install curbs, gutters, and sidewalks for the
students at the new Rialto High School at the SWC of Pepper Avenue and Mill
Street. This Common Use Agreement covers the South side of Mill Street.
The Flood Control District has offered a Common Use Agreement which is acceptable
to the City, which provides us with the additional width needed for the street
widening and 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 lky
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.
04/11/94 2
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CITY OF SAN BERNARDINO
FILE NO: 15.02-1239A TYPE OF EASEMENT: STREET AND HIGHWAY
LOCATION: SOUTHWEST CORNER OF MILL STREET AND MMMIAN AVENUE
GRANTOR: SAN BERN mINO an= FLOOD ow ROL DISTRICT
C
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORI7,ING THE ACCEPT-
ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
3 FLOOD CONTROL DISTRICT FOR STREET WIDENING ANIi OTHER IMPROVEMENTS, ACROSS
PORTIONS OF MILL BASIN (SOUTHWEST CORNER OF MILL STREET AND MERIDIAN
4 AVENUE.') RIGHT-OF-WAY.
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, marker] Exhibit "A", for, the
12 widening of Mill Street and the installation of curbs, gutters, and
13 sidewalks, more particularly described in said Common Use Agreement. and
14 concerning that certain real property in the City of San Bernardino, County
15 of San Bernardino, State of California, generally located across portions of
16 the Mill Basin. right-of-way at the Southwest corner of Mill Street and
17 Meridian Avenue. Said City 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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04/11/94 1
ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: STREET WIDENING AND OTHER
IMPROVEMENTS - MTLL BASIN AT THE SWC MILL STREET AND MERIDIAN AVENUE
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 _meeting thereof held on the day of ,
4 1994, by the following vote, to-wit:
5
6 COUNCIL_MEMBERS: AYES NAYS ABSTAIN ABSENT
7 NEGRETE ---
8 CURLIN
9 HERNANDEZ
10 OBFRHFI.MAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER --- - _._----- _---
14
15 --- ---------
----------------
Rachel Clark, City Clerk
16
17 -
18 The foregoing resolution is hereby approved this day of
19 --------------- ---- ' 1994.
20
21
Tom Minor-, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content:
25
26 James F. Penman,
City Attorney
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28 - ---
04/11/94 2
FOR COUNTY US' 'VLY
o�ooxrr a�oa 1xc.ew Vendor Code L-_c. Contract Number
�+ sac cop hange ��
ntel
o _ County Department Dept. Orgn. Contractor's License No.
F7MD CONTROL DISTRICT D92 D92
r<tnpsv" Flood Control District Contract Representative Ph. Ext. Amount of Contract
SAN BERNARDINO COUNTY Fund Dept. Organization Appr. I Obj/Rev Source Activity GRC/PROJ/JOB Number
FLOOD CONTROL DISTRICT
F A S Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
STANDARD CONTRACT Project Name
Mill Racin at Mill — —
Ct and Meridian Ave — —
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
CITY OF SAN BERNARDINO hereinafter called CITY
Address
300 North D Street
San Rernawlinn CA 92418
Phone Binh Dare
(Q09� 384-5111
Federal to No.or Soaal Secudty No.
15.02 — 1239
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid, manner of 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.)
THIS AGRE[!4ENT, made and entered into this day of , 19_, by
and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of
California, hereinafter referred to as ''CITY'', and the SAN BERNARDINO CMWN FLOOD
CONTROL DISTRICT, a body corporate and politic of the State of California, hereinafter
referred to as "DISTRICT'. -
W I T N E S S E T H
WHEREAS, CITY desires to effect, at no cost to the DISTRICT, the widening including
operation and maintenance of road improvements to Mill Street and Meridian Avenue at
the DISIRICr'S Mill Basin which construction, operation and maintenance will
necessitate CITY'S use of certain DISTRICr awned lards for road purposes; and
WHEREAS, CM desires to construct, operate and maintain said mad improvements
and appurtenances within DISTRICT lands and within adjoining CITY lards, which DISTRICT
lards are hereinafter referrer] to as "AREAS OF OmIIM USE", which AREAS OF OCMM3N USE
are shown on attached plat map marked EXHIBIT "Art attached hereto and made a part
hereof;
WHEREAS, DISTRICT desires to preserve, maintain, construct and operate flood control
and water conservation works within and across said AREAS OF 0011 lDN USE;
G2 :2p69-69>Fee 1/9' page 1 4
NOW, THEREFORE, IT IS UNDERSTOOD AND MUIUALLY AGREED AS FOLLOWS:
1. DISTRICT hereby consents to the constriction, reconstruction, maintenance and
operation of said road improvements and appurtenances thereto, at nno expense to the
DISTRICT within the AREAS OF O M40N USE and to allow CITY and the traveling public
to occupy and use said AREAS OF COMMON USE for street and highway purposes;
provided, however, that no such use, occupancy, construction, reconstruction or
maintenance, shall be effected by the CITY, its successors or assigns, in any manner
which, in the opinion of the Chief Engineer of the DISTRICT, may interfere or
conflict with any structures, facilities, operation or uses which DISTRICT has or
intends to have upon said lards, without first submitting plans of such occupancy
or use to DISTRICT'S Chief Engineer at least thirty days prior to the date of such
intended occupancy or use and obtain his written approval therefore, which approval
shall not be withheld, if in the opinion of the Chief Engineer, the proposal does
riot interfere or conflict with the DISTRICT'S interests or the purpose of this
agreement-
2. CITY, its suers and assigns shall assume full responsibility for the operation
and maintenance of and liability for all roadway facilities (including all roadway
culverts, pipes, sidewalks and other appurtenant works) located within the AREAS
OF C C M ON USE.
3. CITY acknowledges DISTRICT'S right to AREAS OF CCMtON USE and the priority of
DISTRICT'S right within AREAS OF C3rtVN USE. Except in urgencies, CITY shall give
reasonable notice to and obtain written approval from the DISTRICT before performing
any work on CITY facilities in said AREA OF Ca-Z N USE, where such work will be
performed within the basin or levee areas, if which said work will in any way alter
or obstruct the flaw of or potential flaw of waters within said flood control and
water conservation works.
4. CITY agrees to:
INDFMNMCAT ON - The CITY agrees to indemnify and hold harmless the DISTRICT and/or
the County and their agents, officers, volunteers and employees from and against
any and all claims or actions arising from CITY'S negligent acts, errors or
omissions in performing services pursuant to this contract and for array costs or
expenses incurred by the DISTRICT and/or the County on account of any claim
therefore.
INSURANCE - In order to accomplish the indemnification herein provided for, but
without limiting the indemnification, the CTIY shall secure and maintain throughout
the term of the contract the following types of insurance issued by companies
acceptable to the Risk Manager with limits as shown:
Workers Compensation - A program of Workers' Coapensation insurance or a
state-approved Self-Insurance Program in an amo riot and form to meet all
applicable requirements of the labor Code of the State of California,
including Employer's Liability with $250,000 limits, covering all persons
providing services on behalf of the CITY and all risk to such persons under
this Agreement.
Ccmrprehensive General and Automobile Liability Insurance - This coverage to
include contractual coverage and automobile liability coverage for awned,
Page 2 of 4
hired and non-owned vehicles. The policy shall have combined single limits
for bodily injury and property damage of not less than one million dollars
($1,000,000) .
Errors and omissions Liability Insurance - Combined single limits of
$1,000,000 for bodily injury and property damage or
Professional Liability - Professional liability with limits of at least
$1,000,000 per claim and in the aggregate.
ADDITIONAL NAMED INSURED - All policies, except for the Workers' Compensation
coverage and Errors and Omissions or professional Liability, shall contain
additional endorsements naming DISTRICT and/or the county of San Bernard= and
their employees, agents, volunteers and officers as additional named insured with
respect to liabilities arising out of the performance of service hereunder. For
Professional Liability coverage, the DISTRICT and the County shall be named as a
designated person referencing this Agreement's Contract Number on the policy.
WAIVER OF SUBROGATION RIGHTS - CITY shall require the carriers of the above required
coverages to waive all riots of subrogation against the DISTRICT'S and the County's
officers, volunteers, employees, contractors and subcontractors.
POLICIES PRIMARY AND NON-COISIRIBU ORY - All policies required above are to be
primary and non-contributory with any insurance or self-insurance programs carried
or administered by DISTRICT anal/or the County.
PROOF OF COVERAGE - CITY shall inmediately furnish certificates of insurance to the
DISTRICT evidencing the insurance coverage above required prior to the cm¢rencarent
of performance of service hereunder. These certificates shall provide that such
insurance shall riot be terminated or expire without thirty (30) days written notice
to the DISTRICT ardor the County. within sixty (60) days of the conmsrt of
this Agreement, the contractor shall furnish certified copies of the policies and
endorsements.
INSURANCE REVIEW - The above insurance rorn,irements are subject to periodic review
by the DISTRICT and/or the County. The County's Risk Manager is authorized, but
not required, to reduce or waive any of the above insurance requirements wherever
the Risk Manager determines that any of the above insurance is not available, is
unreasonably priced, or is not needed to protect the interests of the DISTRICT
and/or the County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits
beo®e reasonably priced or available, the Risk Manager is authorized, but not
required, to change the above insurance requirements or to require additional types
of insurance coverage or higher coverage limits, provided that any such change is
reasonable in light of past claims against the DISTRICT and/or the County,
inflation, or any other item reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change
requiring additional types of insurance coverage or higher coverage limits mist be
made by amerident within thirty (30) days of receipt.
DISTRICT hereby acknowledges that = is self insured as to various insurance
coverages. DISTRICT hereby waives the requirement for additional named insureds,
for evidence of coverage and for notice of cancellation.
Page 3 of 4
0
See attached EXHIBIT "B" for insurance documentation.
5. DISTRICT shall indemnify and hold harmless the CTTY, their officers, agents,
volunteers and employees from and against any and all claims, demands, loss or
liability of any kind or nature which the CITY and/or their officers, agents,
volunteers or employees, may sustain or incur or which may be imposed upon them,
for property damage and injury to or death of any persons caused by the DISTRICT'S
negligent use of the AREAS OF COMMON USE and for any costs or expenses incurred by
the CITY on account of any claim therefore.
6. DISTRICT has and reserves the right to use AREAS OF OWN USE in any manner not
in conflict with CITY'S needs for the proposed public roadway improvement, without
necessity for any further permit or permission from CITY. DISTRICT shall, except
in emergencies, give reasonable notice to CITY before performing any work which may
affect CITY'S facilities in said AREAS OF COMMON USE.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors
and assigns of both parties.
Approved as to form
and legal content:
JAMES F. PERIAN
City Attorney
By:
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT Cry OF SAN BERNA IND,
a Municipal corporation
► (State if corporation, company, etc.)
Chairman, Board of Supervisors
By ►
Dated (Authorized Signorum)
Dated 1CM MIIdOR, Mayor
ATTESTED: Attest:
Title City Clerk
► 300 North IV Street
Secretary of the Flood Control District Address San Bernardino CA 92418
Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing
► CL'111,1 N/A ►
County Coun // Agency Administrator ICAO
Date -/G 7Y' Date Date
^7.12465.697 Qv, 1191 oon.. �• I1
MILE (MERRILL AVE.) STREET
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CITY OF SAN BERNARDINO
FILE NO: 15.02-1239A TYPE OF EASEMENT: STREET AND RIGHW
LOCATION: SOLM54 ST CORNER OF MaL STREET AND MERIDIAN AVENUE
GRANTOR: SAN EmAMIND COUNTY FLOOD CONTROL DI=CT
` ! City of San Bernardino
City Administration/Risk Management Division
300 N.'D'Street
San Bernardino,CA 92410
Victor F. Lorch Shauns Clark
Director,Risk Management City Administrator
CERTIFICATE OF INSURANCE
OR SELF-INSURANCE
In the event of cancellation of the self-insurance programs or policies designated below,it is the intent of the
City of San Bernardino to mail 30 days'prior notice thereof to:
County of San Bernardino
Flood Control District
The City of San Bernardino certifies that the following self-insurance programs or insurance policies are in force:
Mill Street widening Mill Basin
(Mill and Meridian )
COMPANY AND POLICY LIMITS OF LIABILITY
TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Property Damage
Comprehensive _
General Liability Self-insured indefinite $1,000,000 Combined Single Limits
incl.Auto Liability
Excess Comprehensive Big Independent 7/1/93 - $25,000, 00 x
General Liability Cities Excess
incl.Auto Liability Pool - B004 6/30/94 $1100010)0
Workers
Compensation self-insured indefinite statutory no coverage
0
T
H
E
R
This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino,Risk Management Division. _
a: Anne DeBolt, Public Works
Victor Lorca /
4/14/94 Director Risk k Management
City of f San Bernardino
Date Authorized Representative sisruwn
For information regarding the above self-insurance policies,please contact Risk Management Division at 19091384-6309
RINNAa I1A1 —