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HomeMy WebLinkAbout25- Public Works r1Dint1tlIt CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION NA From: Robert Eisenbeisz, City Engineer Subject: Resolution approving the execution of a Right of Entry Agreement with RRM Properties, Dept: Public Works LTD, relative to the proposed extension of State Street from its existing terminus north of Base Line Date: July 20, 2010 Street, to connect with Rancho Avenue south of Foothill Boulevard. File: 15.02-1549 MCC Date: August 16,2010 Synopsis of Previous Council Action: 6/18/2001- Resolution approving Contract No. 01-082 with San Bernardino Associated Governments for the State Street Extension Project. 7/21/2008- Adopted Resolution No. 2008-281 approving Agreement with LAN Engineering Corporation for civil engineering design services and project management services for State Street from 16th Street to Foothill Boulevard. 8/03/2009- Adopted Resolution No. 2009-278 authorizing the execution of Amendment No. 1 to agreement with LAN Engineering Corporation to provide Civil Engineering Design Services and Project Management Services for State Street from 10 Street to Foothill Boulevard. 6/28/2010- Resolution No. 2010-222 was adopted, approving the Fiscal Year 2010/2011 through 2014/2015 Capital Improvement Program. Recommended Motion: Adopt Resolution. Robert Eisenbeisz Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report,Map, Resolution Ward(s): 1, 3 & 6 FUNDING REQUIREMENTS: Amount: None Source: (Acct.No.)N/A Acct. Description: N/A Finance: Council Notes: � a-'(r Agenda Item No. / t S -I LP -2010 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution approving the execution of a Right of Entry Agreement with RRM Properties, LTD, relative to the proposed extension of State Street from its existing terminus north of Base Line Street, to connect with Rancho Avenue south of Foothill Boulevard. BACKGROUND: On June 18, 2001, the City executed a contract with SANBAG to utilize Federal Highway Surface Transportation Project (STP) funds for the extension of State Street from its existing terminus north of Base Line Street to connect with Rancho Avenue south of Foothill Boulevard. Because federal funding is involved, the City is required to comply with the National Environmental Policy Act(NEPA). NEPA compliance for the project is subject to both Caltrans and Federal Highway Administration(FHWA)approval. On July 21, 2008, the City entered into a contract with LAN Engineering (now AECOM) to provide detailed engineering work to support the then environmental consultant (Lilburn Corporation). The scope of services for the contract consisted of project management, records and utility research, alignment study and survey, topographic mapping, bridge structure review, geotechnical investigation, hydrology and hydraulic report, traffic report review, preliminary engineering design and right-of-way needs identification. On August 3, 2009, Amendment No. 1 with LAN Engineering was approved to add to its scope of services processing the environmental document through Caltrans, redesign of the Lytle Creek bridges to meet current standards, supplemental geotechnical studies for the bridge work, updated traffic impact analysis, value analysis including technical staffing, and public presentation graphics. To facilitate the environmental analysis for this project, right of entries need to be obtained from various property owners along the proposed alignment for environmental surveys and/or geotechnical boring/trenching to be completed by the consultant. This project is included in the City's Capital Improvement Program(CIP Project No. SSO4-009) Standard Right of Entry forms (copy attached) were mailed out to all the property owners along the proposed extension where environmental surveying and/or geotechnical testing are needed. RRM Properties, however, is requiring the City to execute their standard Right of Entry Agreement prior to the consultant commencing any work within their properties, which places additional responsibility and liability on the City and/or its consultant. The attached resolution authorizes the execution of a Right of Entry Agreement with RRM Properties, LTD. FINANCIAL IMPACT: None. 2 RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Vicinity Map - Standard Right of Entry Form - Resolution 3 *i4 P � f Q P yP // �� L8 G� 15 e aom St xts Marshall N to w Highland Ave. N Base Line SL m 9th St 5th St a 0 Rialto Ave a 15 ¢' Mill Sit. to O,an9e how Rd r D tr LOCATION OF RIGHT OF ENTRY VICINITY MAP I� p NTS J CITY OF SAN B DEVELOPMENT SERVICES CES DEPARTMENT MENT RIGHT OF ENTRY FOR PROPERTY OWNED BY RRM Leon REAL PROPERTY SECTION PROPERTIES,LTD, RELATIVE TO THE PROPOSED EXTENSION OF STATE STREET. ® Indicates un-incoporated areas within City's Sphere of Influence Created by: Ryan Sandoval Date: on,ano,o TO: City of San Bernardino Department of Public Works 300 N. "D" Street San Bernardino, CA 92418 RIGHT OF ENTRY I/We,the undersigned owner(s)of real property known as Assessor's Parcel No. 0000-000-00, as shown on the attached plat map, do hereby grant to the City of San Bernardino, its employees, officers, agents or consultants,the right to enter my/our property for the purpose of performing environmental analysis and soil sampling(including boring and/or trenching)relative to the proposed extension of State Street from its existing terminus north of Base Line Street,to connect with Rancho Avenue south of Foothill Boulevard. I/We understand that the right to enter my/our property will commence immediately upon execution and delivery of this Right of Entry to the City of San Bernardino, and will terminate in six months from the date of execution below, or at conclusion of the study and/or sampling, whichever shall occur first. Upon conclusion of the work my/our property will be restored to its prior condition. Me also understand that there will be no costs to me/us in connection with the study and/or sampling performed under this Right of Entry. I/We state that I/we are the owners of record for said parcel described herein, or are authorized to act on behalf of the property owner of said property. Date: By: Tel.No.: Accepted : CITY OF SAN BERNARDINO By: Date: ROBERT EISENBEISZ, City Engineer COM 1 RESOLUTION NO. 2 RESOLUTION OF TILE CITY OF SAN BERNARDINO AUTHORIZING THE 3 1.XECUTION OF A RIGHT OF ENTRY AGREEMENT WITH RRM PROPERTIES, TD, FOR ENVIRONMENTAL SURVEYING AND/OR GEOTECHNICAL 4 IORINGrrRENCHING RELATIVE TO THE PROPOSED EXTENSION OF STATE 5 TREET FROM ITS EXISTING TERMINUS NORTH OF BASE LINE STREET, TO ONNECT.WITH RANCHO AVENUE SOUTH OF FOOTHILL BOULEVARD. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 8 F SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized 10 and directed to execute on behalf of the City, a Right of Entry Agreement with RRM Properties, 11 LTD, for environmental surveys and/or geotechnical boring/trenching relative to the proposed 12 extension of State Street from its existing terminus north of Base Line Street, to connect with 13 14 Rancho Avenue south of Foothill Boulevard, attached hereto as Exhibit "I", and made a part 15 hereof. 16 SECTION 2. The authorization to execute the Agreement is rescinded if the parties to 17 the Agreement fail to execute it within ninety (90) days of the passage of this resolution. 18 19 20 21 —1L 22 23 O — � (.0 - 24 25 26 27 28 08/11/2010 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RIGHT F ENTRY AGREEMENT WITH RRM PROPERTIES, LTD, FOR ENVIRONMENTAL SURVEYING 2 ND/OR GEOTECHNICAL BORING/TRENCHING RELATIVE TO THE PROPOSED EXTENSION OF STATE STREET FROM ITS EXISTING TERMINUS NORTH OF BASE LINE STREET, TO CONNECT 3 WITH RANCHO AVENUE SOUTH OF FOOTHILL BOULEVARD. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 7 held on the day of 20 , by the following vote, to 8 wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 20_ 22 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino 25 Approved to form: 26 27 JAM NMAN, City Attorney 28 ()8/11/2010 2 EXHIBIT "I" RIGHT OF ENTRY AGREEMENT This Right of entry Agreement("Agreement') is executed this_day of 2010, by and between the undersigned ("Property Owner") and the City of San Bernardino, its employees, agents, consultants and contractors ("City") relative to the proposed extension of State Street from its existing terminus north of Base Line Street, to connect with Rancho Avenue south of Foothill Boulevard ("Project"). Property Owner and City are sometimes collectively referred to as the("Parties") and individually referred to as"Party". 1. Right of Entry. Property Owner, as owner of certain real property located in the City of San Bernardino, County of San Bernardino, State of California and more particularly identified by the APN(s) listed in Exhibit "A" and as depicted on Exhibit "B", both attached hereto and incorporated herein ("Property"), hereby grants to City, the right to enter upon and use Property Owner's Property for the purpose of(i) environmental surveying and analysis, and/or (ii) soil sampling which may include geotechnical boring/trenching to determine if site is suitable for proposed Project. City shall not enter the Property under this Agreement without proper advanced notification to the Property Owner, and shall not enter the premises without an escort by an authorized agent of the Property Owner. 2. Safety Requirements. City shall not enter the property without proper safety equipment as per OSHA standards,which includes, but is not limited to, hard hat,reflective safety vest,and closed toe shoes. 3. Term of Entry Rights. The rights granted to City by this Agreement shall remain in full force and effect for six(6)months from the execution of this Agreement by Property Owner. 4. Damage to Property and/or Ind Indemnification. City shall not cause any undue damage to the Property in the process of performing such activities or exercising such rights granted under this Agreement. In the event of damage,City shall promptly repair such damage and restore the Property,at its sole cost and expense, to its original condition. City further hereby agrees to indemnify and hold Property Owner harmless from and against any claims or damages caused by or related to City's activities or conduct authorized by this Agreement. 5. Quiet Enjoyment. City will use its best efforts to avoid interfering with Property Owner's and adjacent property owner's quiet enjoyment of their respective properties. 6. Amendment. Any modification or a provision, or other amendment to this Agreement, shall be effective only if the modification or amendment is in writing and signed by the Parties, or their respective successors and/or assigns. 7. Authori . Property Owner hereby warrants that it is the rightful and legal owner of the Property and that Property Owner possesses legal authority to enter into this Agreement and grant City the right to enter upon, and use the Property as contemplated in this Agreement 8. Attomeys' Fees. In the event any Party to this Agreement shall institute any action or proceeding against the other Party to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to receive from the other Party, all costs and expenses, including reasonable attomeys' fees. The costs, salaries, and expenses of the City Attorney and members of his office shall be considered attorneys' fees for the purposes of this Agreement. This Agreement shall be governed by,and construed in accordance with,the laws of the State of California. 9. Entire Agreement. This Agreement, including any exhibits, constitutes the entire agreement and understanding among the Parties with respect to the subject matter of this Agreement and supersedes all prior and ,urrent understandings and agreements, whether written or oral, with respect to such subject matter. RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RRM PROPERTIES,LTD. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year set forth at the beginning of this Agreement. PROPERTY OWNER CITY RRM Properties,LTD City of San Bernardino By. EXHIBIT COPY By: EXHIBIT COPY Name: Name: CHARLES E MCNEELY Title: Title: CITY MANAGER Approved as to Forth: JAMES F. PENMAN,City Attorney 2 EXHIBIT "A" APN(s) 0139-351-01 0139-351-02 0139-351-04 0139-351-05 0139-351-06 0139-351-07 0139-351-10 0269-231-18 0269-241-07 0269-251-02 0269-261-06 3 EXHIBIT "B" -MAPS- 4 .n m - a o � o c n� `m m o nvo oa Sao N h C U H n n O O 9l <m 6910 i lei = r or ai s y 1 ................. rr Itl 'n-It•RI 1r1 - M r\ I n'xi \� ax i r1 re r; b S C9I ............. C9 i. a r -°r n, c� I c serf u �S F °r f1'i O N � 'If y 3 = i .'Z rrl Si 6910 © a; M - - N a b O e N m AINCMO• c O I C ANN a O C 4C3 ? teneunnre 's , "- z� „om HU NO Olssniv nma-fiff-I SfMf�le11-/ 17 'IT n �re amen it - 141 jop = lelllii1 —_ll j1111111511 1f/11 7-11111 L - - — ee 11 RD I = r. O ANN i I u'm II N m I 1N♦� C9 ANN n / s At ro o'n - - "21/ ANN ♦� V a I u ♦. d - na t♦i N ~r♦ s I � N O © N N 1 A N O c 0 4 o O O] O LQ nOf p O q0 O O� O] O Y 00 UF^ <tO Vl O 3 JY fil 1]Y f00 )r 1t'( a o ova v N � or n't (T SI -lY fY, re � re N C fa S 3 � In 6f 10 IU c a to x x — li if10 vz o oa, o � o �V m O 2 o O 36 C OQ nT p U H^ Q m N Sf 6f 10 ffto Asa N N YZ O O 1 C d �e e N I b 0 C v `c m o O N O U O m O 60.0 O O C m 10.:0 0� N m 1101 p 0 � �N p� wn ^Om a 1� O n^f •Jt 11 OC - O� UHI� <OlN O N I O n I n1 m 6 ______ oa Z /m\ CieV O I C � I L e m I C I U N O I L U C I O C _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ fi O © _ H RIGHT OF ENTRY AGREEMENT This Right of entry Agreement("Agreement") is executed this_day of 2010, by and between the undersigned ("Property Owner") and the City of San Bernardino, its employees, agents, consultants and contractors ("City") relative to the proposed extension of State Street from its existing terminus north of Base Line Street, to connect with Rancho Avenue south of Foothill Boulevard ("Project"). Property Owner and City are sometimes collectively referred to as the("Parties")and individually referred to as "Party". I. Right of Entry. Property Owner, as owner of certain real property located in the City of San Bernardino, County of San Bernardino, State of California and more particularly identified by the APN(s) listed in Exhibit "A" and as depicted on Exhibit "B", both attached hereto and incorporated herein ("Property"), hereby grants to City, the right to enter upon and use Property Owner's Property for the purpose of(i) environmental surveying and analysis, and/or (ii) soil sampling which may include geotechnical boring/trenching to determine if site is suitable for proposed Project. City shall not enter the Property under this Agreement without proper advanced notification to the Property Owner, and shall not enter the premises without an escort by an authorized agent of the Property Owner. 2. Safety Requirements. City shall not enter the property without proper safety equipment as per OSHA standards,which includes,but is not limited to, hard hat, reflective safety vest,and closed toe shoes. 3. Term of Entry Rights. The rights granted to City by this Agreement shall remain in full force and effect for six(6)months from the execution of this Agreement by Property Owner. 4. Damage to Property and/or Injury Indemnification. City shall not cause any undue damage to the Property in the process of performing such activities or exercising such rights granted under this Agreement. In 'he event of damage,City shall promptly repair such damage and restore the Property,at its sole cost and expense, ,o its original condition. City further hereby agrees to indemnify and hold Property Owner harmless from and against any claims or damages caused by or related to City's activities or conduct authorized by this Agreement. 5. Quiet Enjoyment. City will use its best efforts to avoid interfering with Property Owner's and adjacent property owner's quiet enjoyment of their respective properties. 6. Amendment. Any modification or a provision, or other amendment to this Agreement, shall be effective only if the modification or amendment is in writing and signed by the Parties,or their respective successors and/or assigns. T Authori . Property Owner hereby warrants that it is the rightful and legal owner of the Property and that Property Owner possesses legal authority to enter into this Agreement and grant City the right to enter upon, and use the Property as contemplated in this Agreement 8. Attorneys' Fees. In the event any Party to this Agreement shall institute any action or proceeding against the other Party to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to receive from the other Party, all costs and expenses, including reasonable attorneys' fees. The costs, salaries, and expenses of the City Attorney and members of his office shall be considered attorneys' fees for the purposes of this Agreement. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 9. Entire Agreement. This Agreement, including any exhibits, constitutes the entire agreement and understanding among the Parties with respect to the subject matter of this Agreement and supersedes all prior and 'rrent understandings and agreements,whether written or oral, with respect to such subject matter. I RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RRM PROPERTIES,LTD. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year set forth at the beginning of this Agreement. PROPERTY OWNER CITY RRM Properties, LTD City of San Bernardino By: By Name: Name: CHARLES E. MCNEELY Title: Title: CITY MANAGER Approve as to Form: JPaES F. PENMAN,City Attorney 2 APNfsI EXHIBIT "A" 0139-351-01 0139-351-02 0139-351-04 0139-351-05 0139-351-06 0139-351-07 0139-351-10 0269-231-I8 0269-241-07 0269-251-02 0269-261-06 3 r i '^ om=. o p c v c G M V m O 2 o O N .t2C n z 69E0 i �rt u ar ia'i y L u � n 5 '11 'III 'r 1-11-151 10 _______________ _ LL M I ru � on m m � i ' I. f5 I 'av rci � 1 I C v�u L; `SZ ]Y 10'I � I nrS L rV v o I I. 'Z 1^1 I U� SZ 6910 M °- a Oo 9AMCM0 m er1 uK °z O Ki.r tt »re .o asspssr _• Ea° eu = nov nf771if47J�(�Il(TIf1i1 — uPUS0 — — —i` L — - - - - - _ n�i7�l�ss�161110T-- /7 rs I -- r I II — � - af N I V — 1 � I � _ e�W t• A SVi / _ cD - v ♦' m ♦ O I • yr 913 IMP 21 —#ASE HIE --iilE I-- oe _v 0139 01 � 0 � f m w U4 A os N $as AL. (5 AL.) ].II AL. ? Cn �C C1 23 _ N• 241 i, i � n L 0139 m s.}e AL. (S.03 Ac.) LIS AL. 91 N m a O O w V Hn m 0o A J O O J onv - m � N J A O O O I'.Ie O' N - � q N I N 1 P rO ox=.i N O O M �C ulY C O � � C N O t! 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