Loading...
HomeMy WebLinkAbout20- Public Works i 11C lYU. 1J.U4-14JU CITY OF SAN BERNA-VINO - REQUEST FC-7 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 District: NEC Sterling Avenue and Date: July 6, 1993 Marshall Blvd. (Little Sand Creek) Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLUTION cc: Shauna Clark, City Administrator igWture James F. Penman, City Attorney Contact person: Anne DeBolt _ Phone: 5328 Supporting data attached: Staff Report, Map, Resolution Ward: 4 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-(1262 Aqenda Item No. CITY OF SAN BERNAr 'LINO - REQUEST FO- COUNCIL ACTION STAFF REPORT The San Bernardino County Flood Control District owns and operates a debris basin on Little Sand Creek, commonly referred to as Lemon Basin, between Marshall Boulevard and Foothill Drive. The District is planning to install some additional erosion prevention measures in order to reduce their maintenance costs. Some of the work will encroach into the existing roadway, including a dip section on Foothill Drive, and a box culvert under Marshall Boulevard, to drain the basin. A Common Use Agreement will be needed to authorize the District to perform the planned work within the street rights-of-way for both Foothill Drive and Marshall Boulevard. This is due to the fact that the street easements were granted prior to the acquisition of the land for flood control purposes. The proposed Agreement provides, in general , that the City consents to the construction and maintenance of the flood control improvements within these street rights-of-way. A Certificate of Self-insurance coverage is attached to the proposed Common Use Agreement as Exhibit "C" . We recommend that the Common Use Agreement be approved and executed. 75-0264 07/06/93 2 \R T 2/6 4/Zc 9�* B O B b "IV RNA / O O PPc �4O 1P�c s G p 8 p O D 'p v Oo LOS FLORES DR. cr a BL /9 QD 0 A TOLUCA DR. O P a� i�icsv 1 Q Z /j o Ae_ O J Q /b TOLUCA DR. 2% a r soiz so C h O.C. Aso, At JP•6893 !.rse !� __ > �j (D F Pil° 0 COi7 Al! O l- � t cn C n ' I o e �1 0.4e JS97ifG7 1 osz.vc r O v 7St/7 S HALL 84. /YB9 I9'is - CITY OF SAN BERNARDINO FILE NO: 15.02-1230 TYPE OF EASEMENT: CCt'"ON USE AGRFEMU BE'TWEF.I`1 CITY AND OOUNTY FLOOD CONTROL DISTRICT LOCATION: NEC STERLING AVENUE AND MARSHALL B0=ARD AND INC MAN7-ANITA AND FOO'T'HILL DR. GRANTOR: CITY OF SAN BERNARDINO - CCWDN USE AGRE= WITH COUNTY OF SAN BERNARDINO FLOOD OONTROL DISTRICT O 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 A BOX CULVERT CROSSING OF MARSHALL BOULEVARD AND OF A DIP CROSSING OF FOOTHILL DRIVE, BOTH AT 4 LITTLE SAND CREEK. 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 of Marshall Boulevard and of a dip 13 crossing of Foothill Drive, both at Little Sand Creek, in the City of San 14 Bernardino, County of San Bernardino, State of California. Said City cons- 15 ents to the recordation thereof. 16 SECTION 2. The authorization to execute the above-referenced 17 agreement is rescinded if the parties to the agreement fail to execute it 18 within sixty (60) days of the passage of this resolution. 19 20 21 22 23 24 25 26 27 28 07/06/93 1 • ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: LITTLE SAND CREEK AT MARSHALL BOULEVAR" 'AND AT FOOTHILL DRIVE j 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 1993, by the following vote, to-wit: 5 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 NEGRETE 8 CURLIN ---- _ 9 HERNANDEZ 10 OBERHELMAN __-- 11 OFFICE VACANT _ 12 POPE-LUDLAM -- — 13 MILLER — 14 15 Rachel Clark, City Clerk 16 17 18 The foregoing resolution is hereby approved this _ — day 19 of — --, 1993. 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 27 28 BY' • 07/06/93 2 FOR COUNTY USE ONLY _ TATr Ftoo E N Vendor Code D Contract Number a o %939 �0�os M Change 93-411 oX Cancel a; o County Department Dept. Orgn. Contractor's License No. Flood Control District 092 092 s C4tjtoit*� Flood Control District Contract Representative Ph. Ext. Amount of Contract Mina Ghal 387-2597 - 0 - SAN BERNARDINO COUNTY Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number FLOOD CONTROL DISTRICT I FA29116 Commodity Code" Estimated Payment Total by Fiscal Year F A S FY Amount I/D FY Amount I/D STANDARD CONTRACT Project Name — — Little Sand Creek — — (Lemon Basin) at — — Marshall & at Foothill 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 Bernardino CA 92418 Phone Birth Date 15.02 -1230 Federal ID No.or Social Security No. 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 AGRM92T, made and entered into this 8th day of 19_2_a, by and between the CTI'Y OF SAN B,RDINO, a municipal corporation of the State of California, hereinafter referred to as "CITY11, and the SAN BERNARDM OOUMN 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 M-1E2EAS, DISTRICT desires to effect, at no cost to the CITY, the construction, Operation and maintenance of a boat culvert crossing of Marshall Boulevard and of a dip crossing of Foothill Drive bath at Little Sand Creek, which operation and maintenance will necessitate DISTRICT'S use of certain CM owned lands for flood control purposes; and MMTM, DISTRICT desires to Operate and maintain said facilities and appurtenances within CITY lands and within adjoining DISTRICT lands, which CITY lands are hereinafter referred to as "AREAS OF CC1N M USE", which AREAS OF C OMHO i USE are shown on attached plat map marked "EXH= "A"; and EA29116 C 02-12459.697 Rov.1191 Page 1 Of J i • cons t and operate public WHEREAS, CTTY des, s to preserve, maintain, roadways within and across said AREAS OF COMMON USE; NOW, TARE, IT IS UNDEPSICOD AND MUTUALLY AGREED AS FOLID WS: 1. CITY hereby consents to the construction, reconstruction, maintenance and operation of the above mentioned flood control improvements and appurtenances thereto, at no expense to the CITY within the AREAS OF COMMON USE and to allow DISTRICT to occupy and use said AREAS OF M14ON USE for flood control purposes; provided, however, that no such use, occupancy, construction, reconstruction or maintenance, shall be effected by the DISTRICT', its successors or assigns, in any manner which, in the opinion of the Chief Engineer of the CITY, may interfere or conflict with any structures, facilities, operation or uses which CITY has or intends to have upon said lands,without first submitting Plans of such ocaTancy or use to CITY'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 unreasonably withheld, if in the opinion of the Chief Engineer, the proposal does not interfere or conflict with the =IS interests or the purpose of this agreement. 2. DISTRICT, its successors and assigns shall assume full responsibility for the operation and maintenance of and liability for the box culvert crossing of Marshall Boulevard and its appurtenances fr m the soffit of the box culvert down. 3. cm, its successors and assigns shall assume full responsibility for the operation and maintenance of and liability for the Marshall Boulevard road improvements and their es, located within the AREAS OF COMMON USE, frczn the soffit of the box culvert up. 4. DISTRICT, its successors and assigns shall assume responsibility for the repair of the dip crossing on Foothill Drive at Little Sari Creek when it has been determined that damage to the dip, crossing was caused by the waters of Little Sari Creek. 5. CITY, its successors and assigns, shall wzume responsibility for operation, maintenance and repair of the dip crossing at Foothill Boulevard at all times except as noted in Paragraph 4 above. Page 2 of 5 6. DISTRICT acknowle s QTY'S right to AREAS OF CCMF USE and the Priority of CITY'S right within AREAS OF OCKM USE. Except in emergencies, DISTRICT shall give reasonable notice to and obtain written approval from the CITY before performing any work on DISTRICT facilities in said AREA OF CM43N USE, where such work will be performed within roadway areas, if which said work will in any way alter or obstruct the traveling publics use of the roadway. 7. DISTRICT agrees to: INDEMNIFICATION - DISTRICT shall indemnify and hold CITY and all its authorized officers, employees and agents of said public body free and harmless from any and every claim, demand or action for damages, or injury to any person or persons or property of any kind whatsoever, and any cost or expense in connection therewith, which may arise out of or result from DISTRICT'S construction, operation, maintenance, use or activities of its facilities as described herein. INSURANCE - In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the DISTRICT shall secure and maintain throughout the term of the contract the following types of insurance issued by cmpwues acceptable to the CITY with limits as shown: Workers compensation - A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount 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 DISTRICT and all risk to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, 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 - Canbined 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 aerate. ADDITIONAL NAMED INSURED - All policies, except for the Workers' Cmpensation coverage and Errors and Omissions or Professional Liability, shall contain additional endorsements namiM CITY and its 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 CITY shall be named as a designated person referencing this agreement's Contract No. on the policy. Page 3 of 5 WAIVER OF SUBROG :ON RIGHTS - DISTRICT shall req -e the carriers of the above required coverages to waive all riots of subrogation against the CITY and its officers, volunteers, employees, contractors and subcontractors. POLICIES PRIMARY AND - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by CI'T'Y. PROOF OF COVERAGE - DISTRICT shall immediately furnish certificates of insurance to the CITY evidencing the insurance coverage above required prior to the of performance of service hereunder. 'These certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the CITY. Within sixty (60) days of the ccmmencement of this Agreement the contractor shall furnish certified copies of the policies and endorsements. INSURANCE REVIEW - The above insurance requirements are subj ect to periodic review by the CITY. The CITY is authorized, but not required, to reduce or waive any of the above insurance requirements wherever the CI'T'Y determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the CITY. In addition, if the CI'T'Y determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the CI'T'Y is authorized, but not required, to change the above insurance requirements 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 CITY, inflation, or any other item reasonably related to the CITY'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 must be made by amendment within thirty (30) days of receipt. CITY hereby acknowledges that DISTRICT' is self insured as to various insurance coverages. CITY hereby waives the requirement for additional named insureds, for evidence of coverage and for notice of cancellation. See attached Exhibit "B" for insurance documentation. 8. CITY shall indemnify and hold DISTRICT' and all its authorized officers, employees and agents of said public body free and harmless from any and every claim, demand or action for damages, or injury to any person or persons or property of any kind whatsoever, and any cost or expense in connection therewith, which may arise out of or result frown CITY'S construction, operation, maintenance, use, or activities of its facilities as described herein. 9. CITY has and reserves the right to use AREA OF COMMON USE in any manner not in conflict with DISTRICT'S needs for the proposed flood control improvements, without necessity for any further permit or permission fr m DISTRICT. CITY shall, except in emergencies, give reasonable notice to DISTRICT before performing any work which may affect DISTRICT'S facilities in said AREAS OF COMMON USE. Page 4 of 5 10. EI= party may, upon thirty (30) days written notice to the other party, terminate the hereinabove described agreement, with each party to the agreement being responsible for its share of the costs incurred by virtue of any hereinabove described conditions. THIS AGREEMERr 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. Peman, City Attorney B SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CITY OF SAN BERNARDINO, a mmicipal corporation ► (State if corporation, company, etc.) Ch Irm Board of Supervisors Dated JV� $ 1993 By (,4ulhorized Signature) Tau MINOR, MAYOR ATTE attest: City Clerk ► 300 NORTH "D" STREET Secretary of the Flood Control District Address SAN BF.RNARDIIQO, CA 92418 Approved as to Legal form R viewed as to Affirma ive Action Reviewed for Processing Co un �j Agency Administrator/CAO Date , ` Date ✓ Date 5 5 Page of �! t� CS cy CD 'Ln UN CJD co +"r,5 __ � coo • � � � � %! �7 Q � ..�' . •d�.if4�t��`tC�'s� y1�n<r f �i. e�Y.lytt Y�.y. r., i 7 T I R3W, aI,BIT IONS" S B AN ERNARDI�NO COUNTY DE SCRIP710N FLOOD- CONTROL DISTRICT, .� : Lt Ten to Show Par 2B •'y• Add Par. a LITTLE SAND. j r: M-KED Bf APPROVED f �" '. j OVED BY f X. x ^> r„• 'S'T. f GOD N L y ' CM[P Gt S -E1 `,FILE N CONTROL N4 ion.'3,19 (tt_ 200 ` • _.'�', .Y..c.JAt1.�1(ra.la._.�.... � .•n''. �. .r,'* _. '•�'... V,.�_. '.�.5:,..}"��, �'��•i,� .user t O �• D ► y � c a Y4 ?� o ALTO DR. GD ji -- . .:•N � h �' G, c�' ..yam•• � .��� .per h W O d MANZANITA DR. ` q -+ jo � N . •yam v a SQL - ' . • QJ AVE. w • Q� ���� of `• .}f�•r r ?y �L-`. r?j �j r^a -✓ 7 �� ','� ! '� '�:�' 4:u� 7.�1r Y 1 i� f� .f r•.�•: V v� 1 .c. 1p i. O ti•' �, fYcrr'' .Lime Lod J '•'�' �x� �a.��crbuy Tide` �O }� County of San Bernardino HUMA._ RESOURCES/RISK MANAGEMENT DIVL..JN 1250 Cooley Drive, Suite 100 PAMELA H.THOMPSON Colton, CA 92324-3942 Risk Manager JAMES J. HLAWEK RONALD B. OWENS CERTIFICATE OF INSURANCE Assistant County Administrative Officer Assistant Risk Manager OR SELF-INSURANCE Human Resources In the event of cancellation of the self-insurance programs or policies designated below, it is the intent of the County of San Bernardino to mail 30 days' prior notice thereof to: CITY of SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 The County of San Bernardino certifies that the following self-insurance programs or insurance policies are in force: As respects to the common use agreement for improvements to Little Sand Creek (Lemon Basin) at Marshall Blvd and Foothill Drive (Agreement #FA29116) r TYPE OF COVERAGE COMPANY AND POLICY LIMITS OF LIABILITY POLICY NO. PERIOD Bodily Injury Property Damage Comprehensive General Liability self-insured indefinite 1,000,000 Combined Single Limits Incl. Auto Liability Excess Comprehensive General Liability incl. Auto Liability Airport Liability NA NA NA NA Excess Airport Liability Workers' self-insured indefinite statutory no coverage Compensation ERRORS & W OMISSIONS o LIABILITY SELF INSURED INDEFINITE 1,000,000 COMBINED INGLE LIMITS This Certificate is not valid unless countersigned by an authorized representative of the County of San Bernardino, Risk Management Division/Human Resources. Original and department copies to: Nina S. Ghaly, Chief ifXH/B/T if Federal Projects/F.C. Engineering Transportaion/Flood Control June 24, 1992 Date Authorized Representative For Information regarding Ow above self-insurance programs or pofcies,please contact Risk Management Division at(714)422-1652 or 422-1662.