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HomeMy WebLinkAbout49-Public Works CITY OF SAN BERI \RDINO~EQUEST file No. lS.02-1073.D ')R COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Authorize Execution and Acceptance of a Common Use Agreement with the San Bernardino County Flood Control District re: Palm Avenue at Cable Creek Channel Dept: Public Works(Engineering Date: April 12, 1990 Synopsis of Previous Council action: 04-03-89 Authorization to Proceed with Assessment District for the improvement of the Verdemont area, including Palm Avenue. Recommended motion: Adopt Resolution Marshall Julian, City Administrator James F. Penman, City Attorney Jim Richardson, Deputy City Administrator/Development lA~~ Contact person: Anne DeBolt Phone: Staff Report, Map, Resolution Ward: 5328 Supporting data attached: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 04/12/90 75-0262 Agenda I tern No. ;.j.q . CITY OF SAN BEAN - ADINO - AEQUEST r"'R COUNCIL ACTION STAFF REPORT Due to the development of the Verdemont area located North of the 1-215 freeway, it was necessary to obtain an easement for street and highway purposes from the San Bernardino County Flood Control District to widen and improve Palm Avenue and to construct a box culvert at Cable Creek. The Flood Control District was reluctant to grant an easement over the land in question as they must also use the area in the maintenance of their Flood Control Channel located at Cable Creek. 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. 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. 04-12-90 75-0264 "',, "" " , " , -J _- \," .;.~.f ;-;. ~ ~- I ~ i , " "'~.' '+..; ~/ ~.:-~~ 'V r ~~ I' ~ , I ",::",- ~.l , J .' ,.,'\~" 'I ':.,j 'I i ~ . ".' I (:i"\ '~. ''J~(, \" ".''J~9.:- < "'/ \;-- -.., 'C~ _.l:-r...... r I 2-.'.:-.-,7 . " '- ~ - ,--- --, , - , - C'ltt'N A'7E--(~MAi~ -~- - ;~"~N..~-.~_ . --------------- y0 ...., ..... '- . .'.. .' /:,,-*~-' ....ot;' ~;:'r:. 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""." ,........... ..... \ " " ......... - ~ 'V ..( ~" q . .....~;;'~ -- ->- ( 7 I -- ."'~ -;: ---=..:z.......", CITY OF SAN BERNARDINO FILE NO.: 15.30- 073.0 -- """,' ":':---:-- -~-.._~ . - Gr, ?"3~1 ~-_'. :\ \ d ,.,ne \."\ , ~o( . > ~ ~,' ;to' ~. i -- 1-. -;;,;..,- " ,'4/,3 EASEMENT FOR: Street and highway purposes LOCATION: Portion of Palm Avenue North of Little League Drive 4-12-90 I J ; . r I l I.lJ I ::J <: i III I ;> 1<1:: I ~ -.l ~ 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 STREET AND FLOOD CHANNEL IMPROVEMENTS CONCERNING PROPERTY GENERALLY LOCATED AT THE 4 INTERSECTION OF PALM AVENUE AND THE CABLE CREEK FLOOD CHANNEL. 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, including curbs. gutters. 13 landscaping and appurtenances. more particularly described in said Common 14 Use Agreement and concerning that certain real property in the City of San 15 Bernardino, County of San Bernardino, State of California. generally located 16 at the intersection of Palm Avenue and the Cable Creek Channel. Said City 17 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. 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 04-12-90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04-12-90 .--i.I.I..t..t'lr\.;~l.L ."""\..~J.J L.\..Ll.-Lii.'v.l v.c .,-,V,,,lv,,,,""'=:---:\VJ.'-..L.L.1L.'l1. Li\L.J ...l....,'vL \..... \..\_i.n....~ 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 on the of held day , 19 , by the following vote, to-wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of . 19 W. R. Holcomb. Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney By: 2 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT FOR DISTRICT USE ONLY San Sernardlno CountY Flood ContrOl 'rlet Contract Numb.r Flood Control District Contract Repr...ntlltlve Contractor', L.lc;..,.. Number Mina Ghaly Ph Ex' 2597 Budget Unit No. I Sub-obJeot No. I F6~;O' I JO;;S906 I Amount of ConttK Project Nama: I contr.:t h.. mo,. than on. Payment or reciiiit Cable Creek at Palm Avenue complete the following: PaylTMntl E.tlmata: Approximate Amount Each: 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 N..... City of San Bernardino Add,.. 300 No. "0" Street San Bernardino. CA 92418-0001 Phon_ Birth Date 384-5111 Fed.ra' 10 No. or Socia' Security No. hereafter called CITY IT IS HEREBY AGREED AS FOllOWS: (Uu sp_ below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, detrlrmination of satisfactory performance and cause for trlnnination, other trlnns and conditions, and attach plans, specifications, and addenda, if any.1 'lHIS AGREEMENl', made ani entered into this day of , 19_, by ani between the Cl'lY OF SlIN BERNARDINO, a IILDli.cipal =zporation of the state of California, hereinafter referred to as "Cl'lY", ani the SlIN BERNARDINO a::xJmY FLOOD cx::NIroL DISTRIcr, a body co%pOX'ate ani politic of the state of California, herei.naft:er referred to as "DISTRIcr". WITNESSETH WHEREAS, Cl'lY, desires to construct, operate ani maintain, at no cost to the DISTRIcr, a box culvert crossin;, incll.ll:ii.n; curl:ls, gutters, lani'!'("<:lf'in; arxl. aJ;:PJrtenances, herei.naft:er referred to as "IMPlilOVEMENl'S", of the DISTRIcr'S CABIE CREEK CH1lNNEL within DISTRIcr owned lards ani the DISTRIcr desires to operate ani . , maintain at no cost to the Cl'lY said box culvert crossin} of CABIE CREEK CH1lNNEL at PAIM AVEHlE within Cl'lY owned lards; NCM 'IHEREFORE, IT IS UNDERS'l\XlD AND Ml1IUALLY 1\GREED AS FOI.I.a'IS; WHEREAS, 1;he DISTRIcr is the owner of the lards upon which the Cl'lY desires to construct portions of said IMPIilOVEMENl'S crossin; CABIE alEE:K CH1lNNEL at PAIM AVEHlE; WHEREAS, the Cl'lY is the owner of certain lards upon which portions of said IMPIilOVEMENl'S crossin; CABIE CREEK at PAIM AVEHlE will be constructed; 02-12459-6'.' Rev. 11'10 EXHIBIT "A" p._ of_ WHEREAS, both agencies are willin;r to allow the other aqf!fC'Cf to effect oonstructi.on, operation, and maintenance of the facilities on said agency's prcperty, prcvidsd that the integrity and functional <"<"P'"dty of the facilities of the aqf!fC'Cf ownin;J the right-of-way are not i'T"ired thereby; WHEREAS, Drsmrcr and CITlt' will nutually benefit by settin;J forth herein the rights and respollsibilities of each within ARFA OF <:x:Hal USE, said Area of a........0I Use is shatm on Exhibit "A" attactled hereto and made a part hereof; NCM 'Ilil!:REi0RE, in consideration of the PT""'i-'ilS and lIUtual benefits derived, it is lIUtually agreed by and between the parties hereto as follows: A. CITlt' 1\GREES: 1. Insofar as to prcperty CMl'led by the Drsmrcr: a. To acknowledge Drsmrcr'S title to the right of way and facilities in Area of Calm:ln Use and the priority of Drsmrcr'S title aver CITlt' therein, and further acJcnc:Mleclges the right of Drsmrcr, its SU~~""l:S or assigns, to use Area of CcmIa1 Use in 0.,.,.10 with CITlt' without need for any further pemi.t or permission fran CITlt', provided, hc1.vever, that any sud1 use by DISlRIcr shall not en:lan;Jer, interfere or conflict with CITlt"S facilities or . their functional operation withalt a~ first bein;r obtained !ran the CITlt' of sud1 plans, which awroval shall not be unreasonably withheld. b. 'Ihat prior to future reconst:ructi.on of existing facilities, to apply for and obtain written a~ fran Drsmrcr of plans inc:oJ:porating details pertaining to CITY and/or CITlt' agent's performance of construction activities within Area of Camr:ln Use. Application for said permission shall be in writin;r aOClCllTpCUl.ied by foor sets of contract plans and specifications. c. Accept full responsibility and cost for any and all reconst:ructi.on, maintenance or operation of the lMPRJVEMENlS facilities lyin;r above the plane of the soffit of the deck structure, and inc1udinq the walkway awzw,c:hes, parapets and railin;rs. d. Irrlemni.fy, deferr:i and hold harmless the Drsmrcr, the County and their authorized agents, officers, volunteers and enployees against any and all claims arisin;r fran CITlt"S, acts or anissions and for any costs or expenses the Drsmrcr, the County their officers, agents, volunteers or enployees may sustain or incur or which may be i.l!iXlS9d upon them for injury to or death of any persons arisin;r fran this contract. In order to aCCOllplish the inlemni.fications herein provi~ for, but withalt limiting the inlemni.fication, the CITlt' shall secure and maintain th:rougi'loot the tenn of the contract the followin;r types of insurance with limits as shatm: Workers' CCIlpansation - A pt'""::l.l.cwa of 1IIOrkers' canpensation Insurance or a State-awroved self Insurance P.l.'""::l.l.cwa in an ano.mt and fOIlll to meet all applicable requirements of the I.abor COde of the State of California, inc1udinq :eIployer's Liability with $250,000 limits, coverin;r all persons providin;r setVices on behalf of the CITlt' and all risks to sud1 persons un:ler the Agreement. Carprehensive General an:! A\.1t:aIlCi)ile Liability :rnsuranoe - '!his coveraqe to in::lude oantractual ccwerage an:! autaDcbile liability ccvemge for owned, hired an:! non-owned vehicles. 'lhe policy shall have ClCIIbined sin;le limits for ~y injmy an:! prcparty rl"""9" of IXlt less than one million dollars ($1,000,000). ELL......S an:! anissions Liability Insurance (if awlicable) with canbined sin;le limits of $1,000,000 for bodily injuxy an:! prcparty damage. Professional Liability (if awlicable) - Professional Liability Insurance with limits of at least $1,000,000 per claim. In lieu of nami1'r:J the Camty as an additional insured, the policy may be erxlorsed as follows: "Insurance coverage affm:ded by this policy shall also awly to the liability <l.....'IIII<lI"I by this Insured un:ler this 1lgreement with theCamty of San Bernardino Flood Q:lt,L......l District for box o.Il.vert maintenaIx:e provided such liability results from an error, anission, or negligent act of the insured, its officers, enployees, agents or subcontractors. All other provisions of this -policy are to remain unchan;Jed." Cl'lY shall fumish certificates of insurance an:! certified cq>ies of all policies an:! endorsements to the DISmICT evidencin; the .insurance coverage above required prior to the c:anmencement of performance of services her'eUrx:Ier, which certificates shall provide that such insurance shall IXlt be t<>"";1'lated or expire witholt thirty (30) days written IXltice to the DISmICT, an:! shall maintain such insurance fran the time Cl'lY .......,..ences performance of services her'eUrx:Ier until the OCIIpletion of such services. . All policies, with respect to the insurance coverage above required, except for the Workers' CCI1p!nsation insurance coverage an:! professional liability coverage, if a~licable, shall obtain additional en:lorsements nam:in;J the DISmICT an:! the County, their enployees, agents, volunteers an:! officers as additional named insured with respect to liabilities arisin; out of the performance of services hereun:ler . '!he city shall require the carriers of the above required coverages to waive all rights of subrogation against the DISmICT an:! the Camty, their officers, volunteers, enployees, contractors an:! subcontractors. All policies required above are to be pri.ma;}r an:! non-contributin;r with any insurance or self-insurance programs carried or administered by the DISmICT and/or the County. . DISmICT hereby acknowledges that Cl'lY is self insured as to various insurance coverages. DISmICT hereby waives the requi.reIrent for additional named insureds, for evidence of coverage an:! for IXltice of cancellation. see att....loed Exhibit "B" for :insurance kYoI......tation. 2. Insofar as to the property owned by the Cl'lY: a. To pelJIlit the reoonstJ:uction, maintenance, an:! use by DISTRICT of the flood control facility across Cl'lY owned lan:1s within Area of Ccmm:ln Use; prcvidin;J, ha.lever, that no such rec:onstruction, maintenance, or use proposed by DISmIcr within Area of 0.....11'1 Use shall be o....-l'lCed prior to exec:uti.a'1 of this ~.........t. b. To pzooess nee; ~-ry pemi.t or pemi.ts to DISmIcr upon tlL_ applicatia11:1y Drsnu:cr as prcvided herein subject to the prtlII'isions and con:l.i.tions of this A,j1.....e..ellt. c. To sutmit to orsnu:cr at least thirty clays in advance, plans for any ~~ road construction, rec:cnstJ:uction or maintenance within Areas of 0.....(1 Use which rray en:IarJ;Jer, interfere, or conflict with orsnu:cr flocxi control facilities or their fuIx:tional operation and obtain written a~ fran the District ErxJineer of Drsnu:cr of such plans. d. Accept full responsibility and' cost for any and all reconstzucti.on, maintenance or operation of the ~ lyin:.J above the plane of the soffit of the deck struc:ture, and inc1\ldin1 the roadwayawroaches, parapets, walkways and railin:.Js. . DISmIcr 1\GREES: 1. Insofar as to the property owned 1:Iy the CI'lY: a. To acknowledge CI'lY'S title to right-of-way and facilities in Area of O:mnon Use and the priority of CI'lY'S title aver DISmIcr therein, and further acknowledges the right of CI'lY, its 9lOO'*'';Ors or assigns, to use Area of COllllllon Use in cOllllllon with DISmIcr without need for any further pemi.t or pemi.ssion fran DISmIcr, provided, however, that any such use 1:Iy CI'lY shall not . endanger, interfere or conflict with the flocxi control facilities or their fuIx:tional operation withcut approval first bein:.J obtained !ran the Flocxi Control En;j'ineer of such plans, which a~ shall not be unreasonable withheld. b. That prior to future reconstruction of the flocxi control facility to apply for and obtain written a~ !ran CI'lY of plans .i.ncoJ:poratin:J details pertaining to DISTRIcr and/or DISTRIcr'S agent's performance of constJ:ucti.on activities within Area of a........... Use. Application for said pemi.ssion shall be in writin:.J a~ed 1:Iy fem'sets of contract plans and specifications. c. Agrees to in:lemni.fy, deferxi and hold hannless the City, its authorized agents, officers, volunteers and errp,layees against any and all claims arisin:.J fran DISmIcr'S acts or anissions and for any costs or expenses the CI'lY, its authorized officers, agents, volunteers or' errployees rray sustain or incur or which rray be in;;losed upon them for property darrage an::l/or injury to or death of any persons arisin:.J fran this contract. 2. Insofar as to the property owned 1:Iy the DISTRIcr: a. To pemi.t the construction, maintenance, and use 1:Iy CI'lY of IMPROVEMENTS on DISTRIcr owned lands within Area of O:mnon Use; providin:.J, however, that no such constJ:ucti.on, reconstruction, rraintenance, or use proposed by CITY within Area of O:mnon Use shall be c:cmnenoed until CI'lY shall have received the prior written approval of the arief En;j'ineer of DISTRIcr of cx:arq:>lete constJ:ucti.on plans and specifications, which a~ shall not be unreasonable withheld if, in the opinion of said arief En;j'ineer, such prt:pJSed utilization of DISTRIcr facilities does not or will not conflict with, interfere with, or en:IarJ;Jer said facilities or their fuIx:tional operations. b. To procr~ neoe"a~ry pmnit or pexmits to. ~ upcn prqleX' ~ication by ~ as provided herein subject to prevision an:! conditions of this ~......ua&.t. c. To subnit to ~ at lease thirty clays in advance, plans for arrf }'4~ floccl .......L..vJ. construction, reoonstruc:tion or maintenance within Area of n..... " Use which may endanger, interfere or CXlI'lflict with ~ IMPRJVEMEm'S or their functional operation an:! dJtain written a~ fran the ~ of such plans. ~ OF SAN BERNARDIOO SAN BERNARDINO CXXJNl'l{ FLOOD cx::mH)L orsmrcr Mayor ATTEST: City Clerk SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT . Chairman, Board of Supervisors (State if corporation. company. fltc.) By. Dated (Authorizld Signature) Dated ATTESTED: . Title . Secretary of the Flood Control District Address A..'~~O LOl'/21' j' . ( li/;;v1J CountY Counsel Do.o 4 -((-7 c/ Aevlewed .. to AfflrmatlYII Action Reviewed for Proulling . . Agency Admlnlstrator/CAO Oat. Oat. 02-1245''''7 Ray. 11'80 Page_ of_ . ~ Q - ./' - _6_5' ---- :>- f- Z :) o u "- I- <' o u Q o o -J LI.. 65' 176 -. ' AVE. ,,' sc, 77 _",'1,' << / >< '0 , "-'-- 0 ~' - ~ Z , / . 0:: <! Z / 1// 0:: w If CD "~ z J <t ~ (j) PALM J . , V EXIne", rc A1~ - CITY OF San Bernardino ap"e. 0' THI CITY ADMINISTRATOR "IlK MANAGE".NT DIVISION April 13, 1990 Mr. Mina Ghaly Department of Transportation/Flood Control COUNTY OF SAN BERNARDINO 825 East Third Street San Bernardino, California 92415-0835 Re: Joint Use of Property at Cable Creek At Palm Avenue San Bernardino, California Our File 15.02-1073.0 Dear Mr. Ghaly: This letter is to inform you that the City of San Bernardino is self-insured for the first $500,000 of any workers' compensation claim and maintains an Excess Workers' Compensation Policy, through the Big Independent Cities Excess Pool, for $10,000,000 combined workers' compensation and employer's liability. Also, with respect to general liability coverage, we are self insured for legal liability up to $1,000,000. A second $1,000,000 coverage is provided by the Big Independent Cities Excess Pool (BICEP). An excess policy issued by AIG in the amount of $8,000,000, brings coverage to the $10,000,000 level, where a $15,000,000 umbrella is added by BICEP to complete coverage to $25,000,000. Pursuant to your instructions, the following paragraph is in- serted 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 from an error, omission, or negligence of the insured, its officers, employees, agents of subcontractors. All other provisions of this policy are to remain unchanged." If you have any questions, please do not hesitate to contact me. 300 NORTH 0' STREET SAN BERNARDINO CPoLIFQRNIA 92418.0001 714/3'..1'01 'j\ ~"~;'~c::Ls l~ ' ":f-~ ",- ,.,jJ1 -;::'3:~r ' EXHIBIT "B" i . erelY'6 ,,/ ,/ [-:1..... --- ':0. c.::f'~"_'>----. ames E. Robbins Acting Director of Risk Management JR/sf cc: Pamela Thompson, Risk Manager County of San Bernardino Anne DeBolt Public Works/Engineering