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HomeMy WebLinkAbout19-Public Works L . C.ITY OF SAN BERNODINO - REQUEST ~ COUNCIL ACTION From: ROGER G. HARDGRAVE. Director Su bject: Authorize Execution and Acceptance of a Common Use Agreement with the San Bernardino County Flood Control' District: \\estern Avenue Channel at Northpark Boulevard Dept: Public works/Engineering Date: November 18. 1991 . Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLUTION cc: Shauna Clark. City Administrator James F. Penman. City Attorney Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report, Map, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) IAcct. Descriotion) Finance: Council Notes: 75-0262 1 Agenda Item No. /9 .I. CITY OF SAN BERNQlDINO - REQUEST FOl COUNCIL ACTION STAFF REPORT , The city of San Bernardino constructed a box culvert crossing at the Avenue Channel at Northpark Boulevard some 20 years ago - at the time improvement of the State College. No common use agreement is on file execution of this document will clear up the problem. Western of the and the The Flood Control District will not ~rant easement over the land in question as they must also use the area in the maintenance of their Western Avenue Storm Channel at the above location. They have therefore offered a Common Use Agree- ment 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. 11/18/91 2 75-0264 41 <::- ", ~: \.J ": ~~ .'t .q:; '01 ~ ...... N~ .. '\;I t>, . ,,) ~~ '~ ~ " " '}. ~~~ f'<:l ," 1;:~", ~~';' I , : ~ , I I / I I I I 1 IJ. ~~, ~'i,; ~~. ~)~ ~ /.0::. ~. 't., iJo' , , '-"0"'- ; i A ;~ ~, ~ ~ ~ -I 40 ~, ! ' ~ .' 1 ! ~ l: ''''-l..i '~ ~, ~. ~ ~ t'-1 i 'I~, ~ ~ ' ,N~ ~ . "~ ..: I ,30 ~~ ~ I . ~ t. ~ '" : ~ ,:;'~ . . ~~~ I.~ :. ~.. : ~\.i'l- , -" --;.:,:..... ......_t... ~~. 'I ~ I. ...IS I ~ ! I I ~ "",= ;).! i ~ I;.~ ,'" , r~t'\..' I ~ ~ ~ I ~ ; ~~ . I ! I ~ ,~ ~\ \) ~ ti:' ,~ ! ~ , I ; '+1 ' / , ~ ; , <:>, 1 ....; .: -.' .:\ ~.. ,-' . (1) .~! "I I ... ' ..., ~-j ~ ..,J ~j , I .:' : r '.. , , I, j ! I, 'I:': .... ..l .~ . j ~!. i ~ ' , ~ . .1 .L 0' :,..... L .~. ---I J j' " . I. , J9 -.c.V3? r 5: J. For Ct//Y4rf And 7ranStlIOI1 i 'sheet #0:5 ~ I 7 And' 's"a/e I SIaJ1dard Orawlng:s, .s1l~,I~ . It. For R'9h1- of Way Sel!' OW! C t,/,/? L3 ...t:f),A 7AJ _. .I<"'Zo' "'" 90. IZ' /I" r~ ,eo.07' L. . :31. ./o!J ' e ~. . r-- C~./?..1 .DAY-A , .1<"- 2.0' I' /) :;. 89.50' &9" r"'/9.'5' L. = ~/. 3G' -- --- --.-- ---.-- ., . )ExiSt. ' / - --- -.-.- -----.--- ---' --.-.--- ;~qJi.rfJ.f_-~JfZ-:&. s. E. C:F C. Mon. Aft' ,,; Nodhpa;'/'- .s/~d. ~ W. E/ey. ./4-,B8. ~ /-R.8 ' tP1- ~I'~a. Dr CfHnhllNI /be . EXHIBIT "A" SHEEL__L........o EXHIBIT MAP ..A AmCHED "',"""'T .;.,,,,- a..../ , , o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLlJTI01\ NO, " A RESOLutION OF THE CITY OF SA1\ BERNARDI1\O AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A BOX CULVERT, AND OTHER IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED AT THE WESTERN AVENUE CHANNEL AND NORTHPARh BOULEVARD, BE IT RESOLVED BY THE MAYOR AND COMMON 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 construction of a box culvert crossing. including curbs. gutters. landscap- ing and appurtenances. more particularly described in said Common Use Agree- ment and concerning that certain real property in the City of San Bernardino. County of San Bernardino. State of California. generally located at the Western Avenue Channel and Northpark Boulevard. Said City consents to the recordation thereof. 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 II 23 II 24 I I 25 II 26 I I 27 I I 28 I I 11/18/91 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 11 /1Q 101 A~~L~lA~~L AND LAbLL11U~ NORTHPARK BOUL~. lit lliNNli~ liSt. AldiEEMtXl: ~J:.:-'IEk,\ AvENUE CHAN\EL AT o 1 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 __________~___meeting held day of on the thereof . 1991. b:-i the following vote. to-wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT --- ---- ESTRADA ---- ------ REILLY ----- ---- HERNANDEZ ---- --- MAUDSLEY ---- ------ MINOR ---- -- POPE-LUDLAM ------- --- MILLER --- -- Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1991. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney () B~/1yUI.. , I / -::; /- , ;1 /~ 'l E New M Change X Cancel County Department FOR COUNTY U L Y Vendor Code pt. Contract Number SC A Dept. Orgn. Contractor's Ucense No. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS 8T ANDARD CONTRACT er FY Estimated Pa Amount (Q -. ~ 10 Project Name Wp.~tp.rn Ave. ChRnnel ~t Nnrthp~rk Blvd. 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 r.TTV n~ ~4N R~RNARnTNn Addre.. hereinafter called "CITY" 3n" N un" ~trQQt C:::~n Phone RQrn~rl'H nl'\ r.ll. . 9:>U1R Birth Oate eU-5111 __ Fe ral 10 No. or Soci.1 Security No. 15:02-115 b IT IS HEREBY AGREED AS FOLLOWS: (Use space bslow 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.) 'IHIS AGREEMENl', made am entered into this day of 19_, by am between the CITY OF SAN BERNARDINO, a m.mi.cipal coIpOration of the state of California, hereinafter referred to as "CITY", am the SAN BERNARDINO CXXlNIY FIOOD cx:Nl'R:lL DIS'1RIcr, a body CU1:pC>late am politic of the state of California, hereinafter referred to as "DIS'1RIcr". WITNESSETH WHERFAS, CITY desires to effect, at no cost to the DIS'1RIcr, the construction, operation am maintenance of a box culvert crcss~ of Westenl Avenue Channel at Nort:hpark Ba.1levard, which constJ:uction, operation am maintenance will neoessitate CITY'S use of certain DIS'1RIcr owned lams for road ~pcses; am WHERFAS, CITY desires to constJ:uct, operate am maintain said box culvert am ~ within DIS'1RIcr IANOO am within adjo~ CITY lams, which DIS'1RIcr lams are hereinafter referred to as "ARFAS OF a::MIJN USE", which ARFAS OF a::MIJN USE are shCJio1Il on attached plat map marked "EXHIBIT "A"; am ~ . ~" '. f. ';~ , o o WHEREAS, Dl:S'lRIcr desires to preserve, maintain, construct an:} operate flood control an:} water conservation works within an:} across said AREAS OF ~ USE; , lU'l, 'lHEREFORE, rr IS UNDERS'.IOOD AND ~ J\GREED AS FOLI.CH>: 1. DIS'lRIcr hereby consents to the construction, reconstructi.on, maintenance an:} operation of a box culvert an:} ~ thereto, at no expense to the District within the AREAS OF CXHCN USE an:} to allow CI'lY an:} the travelin:J p.1blic to ooc:upy an:} use said AREAS OF ~ USE for street an:} highway purposes; provided, however, that no such use, occupancy, constJ:ucti.on, reconstruction or maintenance, shall be effected by the CI'lY, its Sl.1COe"'''ors or assigns, in any manner which, in the opinion of the Chief Engineer of the DISl'RIcr,may interfere or conflict with any structures, facilities, operation or uses which DIS'lRIcr has or i.nterDs to have upon said lan:ls,without first subnittin:J plans of such OCCIlpCIIlcy or use to DISl'RIcr's Chief En;Jineer at least thirty days prior to the date of such i.nterrled OCCIlpaIlcy or use an:} cbtain his written aw=val therefore, which aw=val shall not be unreasonably withheld, if in the opinion of the Chief En;Jineer, the proposal does not interfere or conflict with the DIS'lRIcr'S interests or the purpose of this agJ:eewent. 2. CI'lY, its 5U00e"Fors an:} assigns shall .,=",... full responsibility for the operation and maintenance of an:} liability for the roadway facilities (inc11.1din3' all roadway culverts, pipes an:} those partialS of the reinforced concrete bridge structures, including ag>roaches, sidewalks an:} other ~ works, located above the bottan plane of the reinforced exh.......te bri~ seats or soffit of deck structures, whichever is la.lest). 3. CI'lY acknowledges DISl'RIcr's right to AREAS OF CXHCN USE an:} the priority of DISl'RIcr's right within AREAS OF CXHCN USE. Except in emergencies, CI'lY shall give reasonable notice to an:} cbtain written aw=val fran the DIS'lRIcr before perfOZlllin3' any work on CI'lY facilities in said AREAS OF ~ USE, where such work will be perfozmed within d1annel or levee areas, if which said work will in any way alter or d::lstruct the flow of or potential flow of waters within said flood control an:} water conservation works. "'0,,,,- - ..; o o 4. Cl'lY agrees to: lNDEH'ITFICATIOO - '!he city agrees to iroemni.fy, defend an:} hold hannless the DISTRICl' a~/or the county and their agents, officers, volunteers an:} enployees against any an:} all claims or actions arisirq fran Cl'lY' s negligent acts, errors or anissions in perfonniJ'v;J services p.trSUaJlt to this exmtract an:} for any costs or expenses incurred by the DISIRICl' aOO/or the Coonty on aClCXlW'lt of any claim therefore. . INSURANCE - In onler to aCXXl'l'plish the iroemni.fication herein provided for, l:ut wit:haJt limitirq the iroemni.fication, the Cl'lY shall secure an:} maintain throogha.It the tenn of the contract the follcwin;J types of insurance issued by cx:mpani.es acceptable to the Risk Manager with limits as shown: Workers C"nmnI:>n=tion - A plOC:JlaIU of Workers' Catpensation insurance or a state-~ Self-Insurance PL"':!-'-aln in an ancunt an:} fom to meet all applicable requirements of the labor Code of the state of California, including Employer's Liability with $250,000 limits, c::overin3 all persons provi.din;J services on behalf of the City an:} all risk to such persons urner this 1lgreement. ChTIn1"'l'!tv>n..ive General an:} Al.1tc:.uOOile Liabilitv Insurance - 'Ibis coverage to include contractual coverage an:} aut:.a!dJile liability coverage for owned, hired an:} ncrH:JWned vehicles. '!be policy shall have oanbined sirqle limits for bcxti1y injmy an:} prqlerty damage of not less than one million dollars ($1,000,000). Errors an:} Onissions Liabilitv Insurance - o::arbined sirqle limits of $1,000,000 for bcxti1y injmy an:} pIqlerty damage or Professional T.i"hilitv - Professional liability with limits of at least $1,000,000 per claim an:} in the l:tyI,jLegate. lIrnl'T'T~ Nl\MED INSURED - All policies, except for the Workers' i. "1 >&J1Sation coverage an:} Errors an:} Onissions or Professional Liability, shall cx:ntai.n additional eroorsements J'IaIIIiD:J DISIRICl' aOO/or Camty enployees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the perfonnaooe of service hereurder. For Professional liability coverage the DISIRICl' an:} the Coonty shall be named as a designated person referencirq this agreement's O:lntract No. on the policy . WAIVER OF SUBROGATIOO RIGIfl'S - Cl'lY shall require the carriers of the above required coverages to waive all rights of subrogation against the DISIRICl"S and the County's officers, volunteers, employees, contractors and subcantractors. o o FOLICIES RUMARY AND NOO"-awmTRm::lRY - All policies requiIed above are to be primary am nor..........IUiJJutozy with any insurance or self-insurance 1u-~CIlILS '. ca=i.ed or admi.ni.sterad by D:rsnu:cr arxVor the Camty. PRXlF OF ~ - Cl'lY shall i1lll1ll"rli~tel.y fumish certificates of insurance to the D:rsnu:cr evi.c:lencin1 the insurance coverage above requiIed prior to the 0 .,.........cemellt of perfcmnance of service 1leJ:eunjer. 'lhese certificates shall provide that such insurance shall JXlt be tenninated or expire withoot thirty (30) days written JXltice to the DIS'lRIcr arxVor the Camty. Within sixty (60) days of the .......Id'.::eIllellt of this llyL"""""",lt, the oorrt:ractor shall fumish certified copies of the policies am en:lorsements. INSURANCE RE.VIEW - '!he above insurance requirements are subject to periodic review by the D:rsnu:cr arxVor the Camty. '!he Camty's Risk Manager is authorized, but JXlt requiIed, to reduce or waive any of the above insurance requirements wherever the Risk Manager deteJ:mines that any of the above insurance is not available, is unreasooable priced, or is JXlt needed to protect the interests of the D:rsnu:cr arxVor the Camty. In aclli.tian, if the Risk Manager determines that heretofore unreasonable priced or unavailable type of insurance coverage or coverage limits I:lecane reasonable priced or available, the Risk Manager is authorized, but JXlt requiIed, to dlan;Je the above insurance requirements to require aclli.tional types of insurance coverage or higher coverage limits, provided that any such dlan;Je is reasonable in light of past c1aillls against the D:rsnu:cr arxVor the Camty, inflation, or any other item reasonably related to the Camty's risk. Jury such reduction or waiver for the entire t.ezm of the JIo"............lt am any dlan;Je requiri.n;J additional types of insurance coverage or higher coverage limits llllSt be made by amerilmeut within thirty (30) days of receipt. D:rsnu:cr hereby acknowledges that Cl'lY is self insured as to vari.aJs insurance coverages. DIS'lRIcr hereby waives the requirement. for additional named insureds, for evidence of coverage am for JXltice of caooellation. See attached Exhibit "B" for insurance d,(x,""""'Itation. 5. D:rsnu:cr has am resexves the right to use AREAS OF CXIKN USE in any manner not in CX8lf1ict with Cl'lY'S needs for the ~~ plblic roadway il1provement, withoot rY""""'''ity for any further penni.t or penni.ssion frail Cl'lY. D:rsnu:cr shall, except in emergencies, give reasonable JXltice to Cl'lY before performin;J any l<<lrk which may affect Cl'lY'S facilities in said AREA OF CXIKN USE. 1] .I. AGREEMENT: CONS~UCTION OF BOX CULVERT AND~HER IMPROVEMENTS AT ~WESTERN AVENUE CHANNEL Ah.'NORTHPARK BLVD. THIS AGREEMENT shall inure to the benefit of an:i be biniin:J upon the suocessors ~ assigns of both parties. * * * * * * * * * * * * * * * * * * Approved as to form anCJ..lega1 conte~t: James F. Penman City Attorney SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT :f- 91-- , .. Chairman, Board of Supervisors Municipal Corporation (State if corporation, company, etc.) By .. IAlIlhori:ed SignofUre} Dated Dated ATTESTED: Title Mayor .. Secretary of the Flood Control District 300 N. "0" Street Address San Bernardino. CA. 92418 Approved as to Legal Form it - // .. 1..,. ///,,,. CoUnty Counsel { . /C./.- Z~ -C(/ Date .. Date 10 -3(?~f I Reviewed for Processing I !... ! Agency Administrator,lCAO I Date 4./ "" ~J ~: ~~ "" \91 t! ... l. N~ u ,~ '.,. <\;j~ ~~ ~~ " " ,,'}. ~~~ ~.~~ 'g~ , l::~ I I , I J -l.-_ \ .~ , ! '. J~a. !. .r, ~ !.,., i 40 " . < IJ '. . , ! ., "-. "-.. ~ ~: ,! ! ., V), . ~ <..i' t-i ~ ~ ~1 :~ ;1 ~ . ~ ~ f1 1 ~ ~ ,N '\ : ~ ,r'1"~,:'" ) ! ~ ,~.':. '. ;.1 .\ I": '>1 1 '>, I ~ I IJ. ) ~" I I "J ~ :'o,'t.: , I ~~. ,Ie I ~ Ii I ltJ~ I ~ ~ ~\ I K I \:) f t,"J iJO' T /'00' i ~ .~. G~' Cf' """ . !~ ~ ~ / ~ " '~: "I ~. ~-I , ;j j , i ,~ . -I ~! ~l ~. I , 6 -~'I:--'l--m-~m: ~9 -Lyor..F': J. Fo/" Ct//vert /Inti Trans/"';'" l- Shee/ Ho,'s to, 7 Anti ,Slall! I Standa/"d O/"awing:s, Sh~l/~ . 1" For R'9hf of Wag Set! Dw! i. \' rc t,,/.// ..t!3 -t:':JA 7AJ _. .1<'''20' A:: 90./2,' /I" r~ 2,0.07' /... .3/. .(,.!1' F"ul",re ?j,.pe LJ /~Q~ r'Y" _4L-_+. . _~ See c",.6 Jra.'f\5;ti e ~8 8 r-.Ct,,/A'.1 ..t2...AJrA .1<'::-20' L):: 89.50' 59" r:: /9,'5' /.. = 3/.3~' ..-- .-- -..~-, ---.-- .-~.' ." 8 5ExiSf. . ,/ ~..,,/ -----.--.-.-.--...--....--..- ""~~YC.h' _~w.,.!), _.....______..__.__.._ .______.._._. '__n S..8, C:r:.C Mon. A'/ ('; Nor/.?park B/yd. t w. E/ey, f4-~t9, w1--4 1~2.8 ' G1- rJrtl'a. of Comm"" lI.re SHEET.......L........o . EXHIBIT flA" EXHIBIT MAP ..A ATT!\CHED PERMIT tiD..E:-.t.. o -- CITY OF ..San Bernardino OFFICE OF THE CITY ADMINISTRATOR R I S K II A N It G E II E N T 0" I V I S ION June 3, 1991 CFile No. 15.02-1156 Mr. Mina Ghaly Department of Transportation/Flood Control COUNTY OF SAN BERNARDINO 825 East Third Street San Bernardino, California 92415-0835 0.' o . Joint Use of Property at Western Avenue Channel At North Park Boulevard FCD, Zone 2, File No. 2-357/2.09 San Bernardino, California Dear Mr. Gahly: p This letter is to inform you that the City of San Bernardino is self-insured for the first $500,000 for any workers' compensation claim and maintains an Excess Workers' Compen- sation and Employers' Liability policy with Transamerica Insurance Group. General liability insurance is coverkd with the City main- tainig $1,000,000 SIR; $1,000,000 coverage through the Big Y Independent Cities Excess Pool (BICEP); an excess policy issued by AIG in the amount of $8,000,000, and a $15,000,000 umbrella added by BICEP to complete coverage to $25,000,000. 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 Co~trol District for box culvert maintenance, provided such liability results from an error, omission or 300 NORTH CALIFORNIA o STREET SAN BERNARDINO 92418.0001 714/314-530' .__....... ~ ~,." ..-.. '<"0". ,,,. . . ..... ~ ~ \- (-' ,. ''''.' PRIDE .I .IN PROGRESS ~~-# . u.. o o COUNTY OF SAN BERNARDINO Department of " Transportation/Flood Control FDC, Zone 2, File No. 2-357/2.09 Joint Use of Property at Western Avenue Channel at North Park Boulevard June 3, 1991 Page 2 negligence of insured, its officer, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged." If you have any questions, please contact me. Sincerely, victor F. Lorch Director of Risk Management VFL/sf cc: Pamela Thompson, Risk Manager County of San Bernardino Anne DeBolt, Real Property Specialist Public Works/Engineering EXHIBIT JlS"