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HomeMy WebLinkAbout26-Public Works CITY qF SAN BERN~INO - REQUEST FO 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: Box culvert at Lynwood Drive and Sand Creek Channel Dept: Public Works (Engineering Date: June 10, 1991 Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLlITION cc: Shauna Edwins. City Administrator James F. Penman, City Attorney Contact person: Anne DeBolt Phone: 5328 pponing data attached: Staff ReDort. HaD. Resolution Ward: 4 FUNDING REQUIREMENTS: Amount: Nnnp- Source: (Acct. No.) (Acct. Descriotionl Finance: uncil Notes: 5.0262 Agenda Item NO~ CITY OF SAN BERNACbINO - REQUEST FcC COUNCIL ACTION STAFF REPORT The City of San Bernardino will be constructing a box culvert crossing where the Sand Creek Channel crosses Lynwood Drive. This box culvert is necessary to provide an all-weather crossing for foothill residents. especially school children and other pedestrians. The construction is also a part of the a~eement worked out with the San Manuel Indian Bingo Foundation. The work on this crossing has been provided for in the 5 year Capital Improvement Program and complies with the General Plan Circulation Element. 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 various flood control devices 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-insured 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. .0264 .. .......... 1 ..... :i~, 1~ . , . \ I " 6 '.. ;. ----.- " ,'0 " , ..~!. lJe/S " . II r~ ....'L . W'Ar r~lr T .. -, ~O.~ ~ / I / l,n,~,1 << 10.40' , I sc. I 1~ I :;~ .~ R W -:-'" ..' ,. . ' " o '" '.. " '~"'~~"~:"'.: ~ . .-.... ..... . :.~~~,~:.:.~~~-~.~,,-_-::~.- . 54~'':' ~/ol;: 1lr . J 1. __~~":::' . ..... .... ~..~ ...... ,. 4.840 .......4 t 'L'I'NWOoo~." 10 + 00 II SAND ClIElK . .... .. 2J - " .. :. . . . . Q~/ ," .'1'.' ." ... .-~'.'-' ~...~ ..... .-.....~..,.... .-.. .. . .. t;'~;ic;,:;,:~i:;~:/'t .....""l!...~.... ~ \ ~~:~~..,~.. ..........".~.":'.. .....::~:.::....~. .: . _ ............. .....'..;... ,::".: 4 ":.. . '_~ : .. ....:c.""'..r: ." . ""~ . .. ..... . .... - . :.~.;, :':.....~-: ...,": ..,...:~: .' . .' '. . '. .'~"'''' '~~"':'V'~. . -',.. ~. -. ..:j.)~ I.- ',".' .;;::;:~. :.;:- 4'.i.'s' " ........ '. , . " . . :..' ... .... . .... ....... ..... -.. ...-:-;,.~:--- -=.:t_.__ ,,' ill N ..... ..... .. . ... it '.. .o. ....,..... .- . \ ^ . . . ~~ .., . - - .'1". RI W o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR CITY BUILT IMPROVEMENTS. CONCERNING PROP- ERTY GENERALLY LOCATED AT THE INTERSECTION OF LYNWooD DRIVE AND THE SAND CREEK CHANNEL. WEST OF VICTORIA AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Ha."or of the Ci t." of San Bernardino is hereby authorized and directed to execute and accept on behalf of said Cit.". a Common Use Agreement with the San Bernardino Count." Flood Control District. a cop." of which is attached hereto and incorporated b." reference herein. as full." as though set forth in length. marked Exhibit "A". for the construction of a box culvert crossing. including curbs. gutters. landscap- inR and appurtenances. more particular I." described in said Common Use Agree- ment and concerning that certain real propert." in the City of San Bernardino. Count." of San Bernardino. State of California. generall." located at the intersection of Lynwood Drive and the Sand Creek Channel. Said City consents to the recordation thereof. SECTION 2. The City Clerk of the City of San Bernardino shall cause a certified copy of this resolution to be recorded in the office of the Countv Recorder of the Count." of San Bernardino. SECTION 3. The authorization to execute the above-referenced 22 agreement is rescinded if the parties to the agreement fail to execute it 23 within one hundred twenty (120) days of the passage of this resolution. 24 I / 25 / / 26 / / 27 / / 28 / / -10-91 1 22 23 24 25 26 27 28 10-91 ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMEN~ LYNWOOD DRIVE AT SAND CREEK CHANNEL. ~ OF VICTORIA AVENUE. ~ 1 2 3 4 5 6 7 8 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 . 1991. by the following vote. to-wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ESTRADA REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 17 18 19 of 20 21 City Clerk The foregoing resolution is hereby approved this day . 1991. W. R. Holcomb. Mayor Citv of San Bernardino Approved as to torm and legal content: JlIIIes F. Penman. City Attorney ., I E ~ w i M W Change t X i Cancel . County Department Trans/Flood Control FOR COUNTY USE~ Vendor Code I Dept. , I ISC IA! Dept. Orgn. District 540 540 Contract Number Contractor's License No. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT Ph. Ex!. 387-2597 Amount of Contract 0.00 Activity GRC/PROJ/JOB Number FA29102 SPJ Organization 540 Obi/Rev Source FY Estimated Payment Tatar by Fiscal Year Amount 110 FY Amount 110 I Project Name ! Sand Creek @ L~;OOdl==== Dr i ve I 1- 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 Nam! City of San Bernardino Address hereinafter ca!led CITI 300 North "0" St. San Bernardino, CA 92418 Phone Birt~, Date 384-5328 FedetallD Nc or Socia' Security Nc.... IT IS HEREBY AGREED AS FOLLOWS: (Use space be/ow anc additional bond sheets. Set ;orth ser~)ce ta be tende~e(j. amount to be paia', mBr:...,er of paymem, time for performance or completion, determination of satisfactory performance end cau;;, for termination, orher terms and conditions. and attach plans. specificatIons, and adoenda, if a,'lY.} '!HIS 1\GREEMENI', made am entered into this clay of 19_, by am between the CITY OF SAN BERNARDIID, a IIIIl1i.cipal corporation of the state of California, hereinafter referred to as "CITY", am the SAN BERNARDIID 0XJN1Y FLOOD cx:mR:lL DIS'lRIcr, a body corporate am politic of the state of California, hereinafter referred to as "DIS'lRIcr". WITNESSETH WHEREAS, CITY desires to effect, at no cost to the District, the cxnstnJction, operation am maintenance of a box culvert crossin;J of Sand Creek Olannel at Iqnwood Drive, which cxnstnJctiCll, operatiCll am maintenance will I"""""""dtate CITY'S use of certain District owned lams for road p.np:ses; am WHEREAS, CITY desires to 0CI'lStn1ct, operate am maintain said box culvert am appurtenances within DISTRIcr IANm am within adjoi.nin1 CITY lams, which DIS'lRIcr lams are hereinafter referred to as "AREAS OF a::HI:N USE", which AREAS OF a::HI:N USE are shown Cll att:ached plat map marked "EXHIBIT "A"; am F7\29102 1 4 o o WHERE'AS, DIS'IRIcr desires to pr:Sllrve, maintain, construct and operate flood control and water conservation \1/Orks within and across said AREM; OF ~ USE; NOW, ~lJI(t;, IT IS IDU.JtK:il\AJO AND K1lUALLY l\GREED AS FOUJ:R>: 1. DIS'IRIcr hereby consents to ~ construction, reconstructi.on, maintenance and operation of a box atl.vert and ~ thereto, at no expense to the District within the AREM; OF CXJoH:N USE and to allow CI'lY and the travelin;J p.lblic to ~ and use said AREM; OF ~ USE for street and highway purposes; provided, however, that no such use, occupancy, oonstructi.on, reconstructi.on or maintenance, shall be effected by the CI'lY, its S1lOOeE'SOrs or assigns, in any manner which, in the cpinion of the Chief Engineer of the DIS'IRIcr,may interfere or conflict with any structures, facilities, operation or uses which DIS'IRIcr has or i.ntenis to have upon said lands, without first subnittin;J plans of such occupancy or use to DIS'IRIcr'S Chief ED;Jineer at least thirty days prior to the date of such inten:ied "OC'1pllI1cy or use and obtain his written CIR;lrOVal therefore, which CIR;lrOVal shall not be unreasonably withheld, if in the opinion of the Chief ED;Jineer, the ~. ,.:>t=al does not interfere or conflict with the DIS'llUcr's interests or the purpose of this &,ju""IIO::llt. 2. CI'lY, its ",vv.ac.""""S and assigns shall assume full responsibility for the operation and maintenance of and liability for the roadway facilities (inc1~ all roadway atl.verts, pipes and those portions of the bridge sb:uctures, inc1~ awroaches, sidewalks and ather ~ works), fran the soffit of the box culvert up. 3. CI'lY acknowledges DIS'IRIcr'S right to AREM; OF ~ USE and the priority of DIS'IRIcr'S right within AREM; OF ~ USE. Except in emergencies, CI'lY shall give reasonable notice to and obtain written awroval fran the DIS'IRIcr before perfcmniJJ;J any work on CI'lY facilities in said AREM; OF ~ USE, where such work will be perfOl:llled within channel or levee areas, if which said work will in any way alter or ctlStIUct the flow of or potential flow of waters within said flood centrol and water conservatioo works. 2 of 4 o o 4. CITY shall irdemni.fy, defEni am hold hannless the DIS'lRIcr an::vor the County of San Bernardino, their officers, agents, volunteers am eIlployees iran am against any am all claims, demands, loss or liability of any ki.rxi or nature which the DIS'lRIcr an::vor County, their officers, agents, volunteers or eIlployees, may sustain or incur or which may be i~ upon them, for property ~ am injury to or. death of any persons. WcmaIrs' 0 "..."-t.icm: statutozy Workers' 0 '''l...nsation Insurance. '!be CITY shall require the carriers of this 0CJVerage to waive all rights of subrogation against the DISTRIcr or the County, their officers, volunteers, eIlployees, contractors am subcontractors. CoIIIpreheDsi ve General lIDd ~""""""1. IDsur8Dca: '1hi.s 0CJVerage to include contractual 0CJVerage am au1:a'rcbile liability CXJVerage for owned, hired, am non-owned vehicles. '!be policy shall have OCIIIbined single limits for bodily injury am property """""';JP of not less than one million dollars ($1,000,000). Errors am anissions liability insurance with OCIIIbined single limits of $1,000,000 for bodily injury am property ~. CITY shall fumish certified c:xpies of all policies am endorsements or letters of self-insurance to the DIS'lRIcr evidencing the insurance coverage above required prior to the <>- ....-.. --t of perf(n-""8 of services berwnder, which shall provide that such insurance shall not be terminated or expire except wit:ha1t thirty (30) days written notice to the Department. All policies, with respect to the insurance 0CJVerage above required, except for the WorKers' n.'l....nsatim insurance coverage, shall obtain additia'lal endorsements naming the DIS'lRIcr am the County, their EIIp1oyees, agents, volunteers and officers as additional named insureds with respect to liabilities arising out of the perfOl:1llaJXle of services hereurDer. All policies required above are to be primary am ~llrib1ti.ng with any insurance or self-insurance carried or administered by the County. 3 of 4 huKLJ:.o.L".u:..L\j'J.': LU,""dKULT.lU,", ut';:;i\A'l'IUN ANt.> MAIN1'E~L:j,; OF BUX L:ULVER1' CROSSI~F SAND CREEK CHANNEL AT \.)WOOD DR. 5. DISmICl' has an:! reseIVeS the right to use ARFAS OF CXHal' USE in any manner not in conflict with CITl{'S needs for the prqlOSE!d p.lblic roadway ilIprovement, without J"'>'"">C'~ity for any further pmnit or permission fran CITl{. DISmICl' shall, ~L in emergerx::ies, give reasooable notice to CITl{ before perfOJ:1llirg any 'NOrk which may affect CITl{'S facilities in said ARFA OF CXHal' USE. THIS AGREEMENT shall inure to the benefit of an:! be bindin;J up:I1 the s"~sors an:! assigns of both parties. Approved as to form and legal content: James F. Penman City Attorney SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT . Chairman, Board of Supervisors City of San Bernardino (State if corporation, company, etc.) By · (AllllforizM Siln/lIIl"J Dated ATTESTED: Dated Title Mayor . Secretary of the Flood Control District Address 300 N. "0" Street San Bernardino CA. 92418 Reviewed for Processing AP.P ,ovod.os to.. ~ ;..' .~! FO'i' .' /~t.J County Counser 08'0 (O~/-<;-C(( Reviewed as to Affirmative Action . . Agency Administrator/CAO Date Date