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HomeMy WebLinkAbout21-Public Works CITY OF SAN BERN&DINO File No. 15.02-1107 - REQUEST FQ. COUNCIL ACTION ROGER G. HARDGRAVE. Director Subject: Authorize Execution and Acceptance of a Common Use Agreement with the San Bernardino County Flood Control District: East Rialto Storm Drain FO Dept: Public Works(Engineering Date: September 24, 1990 Synopsis of Previous Council action: NONE , -., '/'j ~,' , .', j,., c. Recommended motion: ~'J o ADOPT RESOLUTION 1 , ~l'1\'" . .' I , ~I.~ . I. I" Si ature ~-. l,7 '..At cc: Shauna Edwins, City Administrator James F. Penman, City Attorney Contact person: Ann" n"Bolt Phone: 5328 Supporting data attached: Staff R"port. Man. Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: Nnnp Source: (Acct. No.) (Acct. DescriPtion) Finance: COI Notes: 09/24/90 Anpnrl~ Itpm Nn ~ I ..,,,,_n?,,,,? e.TY OF SAN BERNAQ,.NO - REQUEST F~ COUNCIL ACTION c STAFF REPORT The City of San Bernardino will be widening Rialto Avenue across portions of the East Rialto storm Drain right-of-way lying East of Macy Avenue. This widening is to accommodate improvements installed by an adjoining subdivision. The Flood Control District will not grant easement over the land in question as they must also use the area in the maintenance of their East Rialto Storm Drain at the above location. 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. o 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. o 1,5.0264 09/24/90 2 o I I ~:I .,J it ~III'I . .; I I Ii 1,1 -,..- ~. ,ow (Q \f) \f) \f) '1" \f) 'LL1 ::> Z ~ C( t fi) =" ..r, (1-.)1811_ ~ .....,.- .."'w, i . L \ ~ ~ oM ~ :.J < - a:: \f) ('I._~-- .- ...... ..... .. o \f) ..= 8! en I, = ~I -,1- I -'1 ' t,..! , 'O' I .r.:r-- -Al1_fll 1:,1-_'''__11 , ..' II .u _..__ II ,t/Q.UII,.III1lUlI/XItW/T II>> "."," 9-24-90 ~ ~ ~ ~ ~ S ~ ~ ! ~ o o -. - o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A C0Ml10N USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE WIDENING OF RIALTO AVENUE, AND OTHER IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED EAST OF MACY STREET. BE IT RESOLVED BY THE MAYOR AND C0Ml10N COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute and accept on behalf of said City, a Common Use Agreement with the San Bernardino County Flood Control District, a copy of which is attached hereto and incorporated by reference herein, as fully as though set forth in length, marked Exhibit "A", for the widening of Rialto Avenue, and including construction of a box culvert crossing, including curbs, gutters. landscaping and appurtenances, more particularly described in said Common Use Agreement and concerning that 15 certain real property in the City of San Bernardino. County of San 16 Bernardino, State of California, generally located East of Macy Street on 17 Rialto 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. 21 I I 22 I I 23 I I 24 I I 25 I I 26 I I o 27 II 28 I I 09-24-90 1 o o o I I F9-24-90 11 MINOR 12 POPE-LUDLAM 13 MILLER 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 of 20 21 22 23 24 25 26 27 28 ALA..!:.!' iAM..1:. ANIJ .!:.AJ:.LU liUN Ur LUMON /'lACY STREET o USE AGREEMENT: RIALTO AVENUE, o EAST OF 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 held on the day of , 19_____, by the following vote, to-wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY City Clerk The foregoing resolution is hereby approved this day , 19_____ W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney . ( 81.-1/)~~ By: I) 2 FOR DISTRICT USE ONLY o 1M" ..rnerdlno County Flood Control Dln,1 Contr-=t "Number Flood Control Ot.trlct ContrKt fIlep,...ntlltl..,. Contrector'. L.lcen_ Number: Mina Ghaly 2597 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT Bud..t Unit No. 010 Sub.Qbject No. Job No. FA18914 I contr..:t h.. mo,. then one pevm.rlt or receipt. complete the following: Peymentt E.tlmate: Approxlm..e Amount Each: Amount of Contrec:t Project Nam.: East Rialto Storm Drain - COIIIDOn Use Agreement 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 Nam. City of San Bernardino Add,... 300 N. "D" Street San Bernardino. CA 92418 Phone 81"" O.te hereafter called CITY Fed.ral 10 No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: rUM rpace below IIfId addition'" bond shHts. Ser forth .rvice to be rendered. /IfTIounr to be ".id, mMlfHIr of ~menr, rime for perforrmmce or complerion, dererminllrion of urisfactory performance and CIlUM for rerminlltion, other rerm. ..d condirion.. and arr.ch pi..., rpecificllrion., and addenda, if any. I o 'IHIS AGREEJmrl', IIIi!Ide an::J. entered into this day of 19_, by an::J. betwen the CI'lY OF SAN ~, a 1IID'li.cipal. cxn:pot..tia'l of the state of california, hereina1'ter referred. to as "CI'lY", an::J. the SAN BERNARDI!<<) cx:umc FI!lOD CXHlK)L DISmIcr, a body .......y.&..te an::J. politic of the state of california, hereina1'ter referred. to as "DIS'IRIcrn. WITNESSETH ~, CI'lY desires to effect, at !Xl cost to the District, the ccnstructia'l, c:peraticn an::J. mainter1ance of a ..L......t wideninq project for Rialto Averue across porticms of EAST RIAIl10 S'ltHI IIW\N Right-of-way mic:h ccnstructia'l, c:peratia'l an::J. mainte1ance will r--'ftitate CI'lY'S use of certain District awned lan:Js for rOIId p.u.p ill; an::J. ~, CI'lY desires to ~_L...x:t:, c:perate an::J. maintain said road wi.denin;J an::J. app.u:tenaIXles within DISmIcr IANIS an::J. within aQjoini.n; CI'lY lams, which DISmIcr lands are hereina1'ter referred. to as "ARFAS OF ~ USE", which AREAS OF ~ USE are shewn en attadled plat IIl!Ip IIIiU:Xsd "EXHIBIT A": an::J. :0 I ~'12.5I-611 R.v. 111110 WB9C5 EXHIBIT "A" p..._ of_ o o o o o WHEREAS, DIS'lR[Cl' desires to pt!sarve, maintain, OOr."LuICt ani qleX'ate flood cxmtrol ani water CXlI'lSerVllticn wrks within ani across said ARFAS OF ~ USE; }Qq, ~1Jl<I:O, IT IS UtlIJtK:i.1U)1) AND K1lUALtN AGREED lIS ro~: 1. DISlRICl' hereby c:xn;ents to the oanstruct:icn, reocnstructicn, maintenance ani qleX'aticn of a ..t.........t. widenin} project ani cq:p.lrt:enanoe thereto, at no expense to the District within the ARFAS OF ~ USE ani to allow CI'lY ani the travelin;J plblic to occupy ani use said ARFAS OF CXJoH:N USE for street ani highway purposes; provided, however, that no such use, occupancy, oanstruct:icn, reccnstructicn or maint:enanae, shall be effected by the CI'lY, its S'.lOOO"'~= or assigns, in arrj manner which, in the opinicn of the Olief Engineer of the DISlRICl',may interfere or Calflict with arrj stnlctures, facilities, qleX'aticn or uses which DISlRICl' has or i.nten:Is to have upon said lards,without first sul:lni.ttinq plans of such occupancy or use to DISlRICl"S Olief Ergineer at least thirty days prior to the date of such i.nten:ied nrY"Il{'e'ncy or use ani obtain his written ~ therefore, which ~ shall net be withheld, if in the opinicn of the Olief Ergineer, the 1'.1."10""1 does net interfere or Calflict with the DISlRICl"S interests or the pJrpOSe of this llyL...........lt. 2. CI'lY, its ""~'!:?rS an:i assigns shall "0;;."'''''''' full responsibility for the operation and maintenance of ani liability for the roadway facilities (inc1\Xlin;J all roadway culverts, pipes, sidewalks, ani ather ~ wrks). 3. CI'lY acknowledges DIS'lR[Cl"S right to ARFAS OF ~ USE am the priority of DIS'lR[Cl"S right within ARFAS OF cx::HD{ USE. Except in emeJ:getX:ies, CI'lY shall give reascnable notice to ani obtain written awxalTal fran the DISlRICl' before performing arrj work cn CI'lY facilities in said ARFAS OF ~ USE, if which said work will in arrj way alter or c:iJstruct the flow of or potential flow of waters within said flood cxmtrol ani water oonseJ:Vation \>'Orks. o o o 4. CITY shall .imemni.fy, defend and hold haJ:mless the DISmICl' am,tor the Camty of san Bernardino, their officers, agents, volunteers and E!IIployees fran and against any and all ol..i_, c:lesDan:1s, loss or liability of any kini or nature which the DISmICl' am,tor Camty, their officers, agents, volunteers or E!IIployees, my sustain or in::ur or which my be i"V'"""" upon them, for property ~ and injury to or death of any persalS. womers' O-"1.--ticm: stat:utory Wol:Xers' o."lensaticn Insurance. '!he CITY shall require the carriers of this coverage to waive all rights of subrogation against the DISTRICl' or the County, their officers, volunteers, employees, contractors and suI:x:lontractors. o Comprehensive General and ~le IDsuraIIae: 'lhis coverage to include contractual coverage and aut:.cmJbile liability coverage for owned, hired, and non-owned vehicles. '!he policy shall have caJi:)ined single limits for bodily injury and property ~ of not less than one million dollars ($1,000,000). Errors and anissians liability insurance with canbined single limits of $1,000,000 for bodily injury and property damage. CITY shall furnish certified copies of all policies and endorsements to the DISl'RICl' evidencing the insurance coverage alxlve required prior to the COIIIIIIenc8lllm1: of perfo.".......... of services herwnder, which shall provide that such insurance shall not be terminate::l or expire except witha1t thirty (30) days written notice to the Department. All policies, with Iespect to the insurance coverage alxlve required, except for the ~..' ('\"I.eJlSaticn insurance coverage, shall obtain additional endorsements naming the DISl'RICl' and the Camty, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the perfonnanoe of sexvices hereun:ler. DISTRICl' HEREBY ~ '!HAT CITY IS SEIF INSURED AS '10 VARIOOS INSURllNCE COVERAGES. DISTRICl' HEREBY ~ '!HE ~ FOR AOOrrIctW.o lwmD o INSURED, FOR E.VIIENCE OF CDVERAGE AND FOR NOl'ICE OF CANCELIATIOO. o o o SEE ATrJ\CfED EXHIBlT liB" PtR INSURANCE JXX:XMENrATIaq. 5. DIS'1mC1' has and reserI8S the right to use AREl\S OF ~ USE in any manner nX. in cxnflict with ClTlC'S needs for the iU-'lJOSEld pmlic roadway inpravement, witha1t r--eity for any further pemi.t or petmissial fran ClTlC. DIS'1mC1' shall, except in emergen::ies, give reasooable nX.ioe to ClTlC before perfCl%llli.n;J any wo%K ~ch may affect ClTlC'S facilities in said AREA OF a::HDf USE. THIS AGREEMENT shall inure to the benefit of and be binlln;J upon the S!'OOe"""""l'S and assigns of both parties. o SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CITY OF SAN BERNARDINO . Chai rman, Board of Supervisors (Sram if corporation, company, err;.J By. Dated (Authorized Signature) Dated ATTESTED: . Secretary of the Flood Control District Address 300 San Mayor N. "D" Street Bernardino, CA. Title .viewed .. to Affirmative Action Aeviewad for Processing . . Agency Admlnistrator/CAO PENllAN ~ 'i'-the , 0_ Oata 02-12459.0697 Rev. 11/80 Page_ of_ o !' 0 P.JJM'" UII. 10 \1) \1) \1) 'i" \1) 'l1J :J Z l1J '> ct ii) .~ "', (,..,.).., - .""":" ..-._ _.C~-'I' o !:i 4: - a:: \~ ".W~~_ ..__u~..... a \:) 0'> "\:t o ~ . L z ~ .; --Al11/llJND Ii _:>>'__It to . _.._. -.;j' _"'WfDJSIX1_ liS "."..r .-0 .! < - - t- - m - :t x. W ~ >:::r ~ ~ ~ S '.ll. '. () ~ ... ~ ., l . i t o o o o 0 CITY OF San Bernardino OFFICE 0' 'HI CITY ADMINIITRATOR RIIK MANAGEMEN' DIVIIION September 24. 1990 File No. 15.02-1107 Hr. Mina Ghaly Department of Transportation/Flood Control County of San Bernardino 825 East Third Street San Bernardino. CA 92415-0835 Re: Joint Use of Property at Rialto Avenue East of Macy Street FCD, Zone 2, File No. 2-105/2.09 San Bernardino. California Dear Mr. Ghaly: This letter is to inform you that the City of San Bernardino is self- insured for any workers' compensation claim and maintains an Excess Workers' Compensation Policy through the Big Independent Cities Excess Pool for statuatory liaits. employer's liability. With respect to general liability coverage, we are $1.000.000. The Big Independent Cities Excess Pool coverage up to $25,000.000. self-insured for (BICEP) provides Pursuant to your instructions, the following paragraph is inserted 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 froa an error, ommission. or negligence of the Insured. its officers, employees, agents or 300 NORTH 0 STREET. SAN BERNARDINO. C.ALIFORNIA 112418.0001 714/1'.-1'" PRiDE -4<4 ~/N ~n" ---.~~- Wlr-.t:...:;-":::~' ':'I ~. -~ , ~;r o o o o o Septe.ber 24, 1990 FCD, Zone 2, File No. 2-105/2.09 Joint Use of Property at Rialto Avenue, East of Macy street Page Two subcontractors. unchanged. " All other provisions of this policy are to remain If you have any questions. please contact me. V t r Lorch -Director of Risk Management VL/ld cc: Pamela Tholllpson, Risk Manager County of San Bernardino Anne DeBolt. Real Property Specialist Public WorksfEngineering