Loading...
HomeMy WebLinkAbout31-Public Works rJle I~U. ~J.U~-~~~~ CI1'Y OF SAN BERN(jIDINO - REQUEST ~ COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Authorize Execution and Acceptance of a Common Use Agreement with the San Bernardino County Flood Control Di strict - Bridge at Devil Canyon Diversion Channel and Hallmark Pkwy Dept: Public Works/Engineering Date: June 9, 1992 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: 6 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No,) IAcct, DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No.3 / CITY OF SAN BERNaDINO - REQUEST I():t COUNCIL ACTION STAFF REPORT The City of San Bernardino is building a bridge across the intersection of the Devil Creek Diversion Channel and Hallmark Parkway - in the area where Hallmark Parkway and Industrial Parkway are being extended to meet each other and to accommodate improvements installed by an adjoining subdivision. The Flood Control District has offered a ~ommon Use Agreement which is acceptable to the City which provides us with the authority to do the necessary work on the project. This individual acceptance is necessarY a~ the Common Use Agreement from the County contains certain conditions and covenants. The document, however, does not contain any undulv adverse restrictions or re~ervation~, and no appropriation of money is required. The Flood Control District has accepted our self in~urance status as evidenced bv thp attached letter, and the sub.iect letter has been attached to the agreement as required. Upon execution of the Common Use Agreement by the Mayor, thp 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. 06/09/92 2 75-0264 , , ~- :3 ------- ------ y .......'p t/--- . . I i 1 k I I '-l lJl -.I.. ~ :< ~ ~ ; '\: ~ "" ~ "-J ~9 I ....ri;' ""... II I ~~ \ ) SCAt.e' /1I=a>'j . , Jf f: Ii )1 ,-\ - , CONSr. DR/~t t\ 0'" 54"" eer. 10' I:r'l"'PIC:A~@A':' ~' PI9R.k~AY ~~/D66 (.1""'/1:5 - C"A/.., 1.""'1( /t..'Nr; ,PaR V . STD, "'0,131/-52 r'l"'pE 7. J,: 'i:. 'jQ \~,,( , >>-~)\ ~~ '..... ' ,t. m '; I ' ~\J ~ ~ ' D'.'''C~1lY_JI)~~i t"AN m j;j~s . J ~~"Jl:. ;O-.Ol:~~;E~F ~r;:~' BE.RN~R ~::!:,~ . DEPARTMENT OF PUBUC WOF .--11._ CNlL INCIINIP NO. ~. ft JfI#. DIlAWNIY: iStree~, Improvement Pia .CABLECREEK' CtJL V~ , '-1" ':VI.~ And TypIcal CI,ann.it "n.; GAtrtON a' . SSuJ&- 10/ roltJ'. _\~L . \ ...--' - - . , ' , I , . IN57"A't,1.1': W/OE. ACC$5 GA f~ PEI2 ' COIINrY' F. 00 co r7'P/CAI. tS lot...:. GIIIliIlID IYl IlEWlION8 D'I Al'l'l\ DAft ~D'I: ~ ~-... ".....-:#'. '-J 1 2 3 4 5 6 7 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 THE CONSTRUCTION OF A BRIDGE AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE DEVIL CREEK DlVERSION CHANNEL RIGHT-OF- WAY AND HALLMARK PARKWAY, BE IT RESOLVED BY TIJ}: MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOJ,LOWS: SECTION 1. That the Mayor of the Citv of San Bernardino is 8 herebv authori zp.d and di rected to executp. and accp.pt on beha If of sa id Citv, 9 a Common Use A~reement with the San Bernardino COllntv Flood Control 10 District, a cop~' of which is attached hereto and incorporated hy reference 11 herein, as fullv as thou~h set forth in length, marked Exhibit "A", for the 12 construction of a bridge and appurtenances, more particularly described in 13 said Common Use Agreement and concernin~ that certain real property in the 14 City of San Bernardino, County of San Bernardino, State of California. 15 16 17 18 generally located across portions of the Devil Creek Diversion Channel right-of-way at Hallmark Parkway. Said City consents to the recordation thereof, SECTION 2. The authorization to execute the above-referenced 19 agrp.ement is rescinded if tbe parties to the agreement fai 1 to execute it 20 within one hundred twenty (120) days of the pessagp. of this resulution. 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 06/09/92 1 -, , 06/09/92 ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: BRIDGE AT DEVIL CREEK DIVERSlO" -'IIANNEL AND HALLMARK PARKWAY 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted bv 2 the Mayor and Common Council of the City of San Bernardino at a 3 _,_.______ ________meeting thereof held on the day of 4 5 6 , 1992, by the following vote, to-wit: NAYS ABSTAIN ABSENT COUNCIL MEMBERS: - - _n_" __. _._ . .._ n_ An:s 7 ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MINOR POPE-LUDLAM MILLER Rachel Krasnev, City Clerk The foregoing resol uti on i.s herebv approved thi s dav of , 1992. W. R, Holcomb, Mavor Ci.tv of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney IY:_~ oJ /) B3~----.~:Jt-~---- 2 -""""""" "'...-.... , FOR COUNTY U J,/LY E New Vendor Code m"PI, Contract Number M Change SC A X Cancel County Department Dept. Orgn. Contractor's License No. Trans/Flood Control Distric 092 092 Flood Control District Contract Representative Ph, EXI. Amount of Contract Mina Ghaly 2597 -0- Fund I Dept. I Organization I Appr. I ObjlRev Source AClivily I GRC/PROJ/JOB Number RFF 092 092 FA29119 Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/O FY Amount I/O Project Name Devil Creek - - - - Diversion @ Hallmark Parkway - - - - - - - - SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT 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 Address hereinafter called CITY 300 N. "D" Street San Bernardino, CA 92418 Phone Birth Dete 714-384-5111 Federal 10 No. or Social Security No. 15,02 - 1241 IT IS HEREBY AGREED AS FOLLOWS: (Use space belOW and additional bond sheets. Se: forth s(!fvice to be ~e;,"l(jered. amount to be paid, manner of payment time for performance or compietion, determination of satisfactorl performance and cause fer termination, other terms and conditions, and attach plans, specifications, and addenda, if any,) '!HIS 1\GREEMENI', made and entered into this day of 19_, by and between the Cl'lY OF SAN BERNARDINO, a mmicipal oozporation of the state of California, hereinafter referred to as "Cl'lY", and the SAN BERNARDINO a:xMI'Y FIOOD ~L DISIRIcr, a body ocn:pcnate and politic of the state of California, hereinafter referred to as "DISIRICl'''. WITNESSETH WHERFAS, Cl'lY desiIes to effect, at no cost to the DISIRIcr, the =nstn.Jction, operation and maintenaooe of a sin]le span bridge crossin] alen; HallInark Parkway on DISIRIcr'S Devil Creek Diversion whim canstructi.on, operation and maintenance will I',,,,",,c"'itate Cl'lY'S use of certain DISIRIcr owned laJDs for road pw:pcses; and WHERFAS, Cl'lY desiIes to .......E>w.1.I'Ct, c:pmite and maintain said new reinforced CXl\~..te bridge and ~ within DISIRIcr IANrS and within adjoinin] Cl'lY laJDs, whim DISIRIcr laJDs are hereinafter referred to as "AREA OF CXMI::fi USE", whim AREA OF ~ USE is shcMn on attached plat map marked "EXHIBIT "A"; and F1l29ll9 1 5 , '-' - WHERElIS, DIS'llUCI' desires to pzcserve, maintain, oOIl..Lu!Ct and operate flood control and water ccnservation works within and across said ARFA OF cnH:H USE; N:M, ~1Jt(,t;, IT IS Ul'i~<lOOD AND KmlALLY' 1lGREED AS FOI.U:MS: 1. DISlRICI' hereby consents to the construction, rec:onstzuc:tion, maintenance and operation of a sin;Jle span bridge crossin;J and ~ thereto, at no expense to the District within the ARFA OF CXHI:I'i USE and to allaw CITY and the travelin;J plblic to cxx:upy and use said ARFA OF CXHI:I'i USE for street and highway p.u:poses; provided, however, that no such use, occupancy, construction, recor...Lu!Ction or maintenance, shall be effected by the CITY, its S'1C'C'?SS'ors or assigns, in any manner which, in the c:pinion of the ati.ef En;Jineer of the DIS'llUCI', may interfere or conflict with any stnIctures, facilities, operation or uses which DIS'llUCI' has or :int:ems to have upon said lams, wit.hoot first sul:mittin;J plans of such 00CI1paI'lCy or use to DIS'llUCI" S ati.ef En;Jineer at least thirty days prior to the date of such interned 00CI1paI'lCy or use and obtain his written ~ therefore, which ~ shall not be withheld, if in the c:pinion of the ati.ef En;Jineer, the p~l does not interfere or conflict with the DIS'llUCI"S interests or the p.u:pose of this ~..=e11t. 2. CITY, its S1~~Ors and assigns shall "''''''''lire full responsibility for the operation and maintenance of and liability for the roadway facilities (incl\ldin;J all roadway culverts, pipes and those partialS of the sin;Jle span bridge stnIctures, inc1\ldin;J ~, sidewalJcs and other ~ 1o'Orks, located above the bottan plane of the bridge seats or soffit of deck stnIctures, whichever is lowest). 3. CITY acknowledges DISlRICI"S right to ARFA OF CXHI:I'i USE and the priority of DIS'llUCI"S right within ARFA OF cnH:H USE. Except in emergencies, CITY shall give reasonable notice to and obtain written ~ fran the DISlRICI' before perfonnin:J any work on CITY facilities in said AREl\S OF CXHI:I'i USE, where such 1o'Ork will be perfonned within dIannel or levee areas, if which said work will in any way alter or abst:ruct the flaw of or potential flaw of waters within said flood ~lL...ul and water ccnservation 1o'Orks. Page 2 of 5 .'-....... '-' '-_I 4. CITY agrees to: (;)f1A INDEMNIFICATICN - '!he city agrees to indemnify, .,... aIXi hold hannless the DISmIcr an:ljor the county aIXi their agents, officers, volunteers aIXi enployees against any aIXi all cl..i- or actions arisin;J ftan CITY's negligent acts, errors or anissions in perfOl:1llin1 services p.m;uant to this '-<n1W.act aIXi for any costs or expenses iJx:urred by the DISmIcr an:ljor the Ca.mty on ac:xnmt of any claim therefore. INSURANCE - In order to aOCCllplish the indemnification herein provided for, l::ut without limitin;J the indemnification, the CITY shall secure aIXi maintain thrt::A.1ghoot the term of the contract the followin:J types of insurance issued by cxmpanies acceptable to the Risk Manager with limits as shown: Workers O:InDensation - A FL<.yLaIU of Workers' ".,\.-.sation insurance or a state-approved Self-Insurance P.L<.yLaIU in an am:lUI1t aIXi fODll to meet all ~licable requirements of the I.aI:Jor O:lde of the state of Califonria, includin;J ~loyer's Liability with $250,000 limits, coverin;J all persons providin;1 services on behalf of the city aIXi all risk to sud1 persons under this Agreement. Callcrehensive General aIXi Antt"lllrJhile r.i..hi.litv Insurance - 'lhi.s ccverage to incllXie contract:ual ccverage aIXi autald:>ile liability ccverage for owned, hired aIXi non-owned vehicles. 'lhe policy shall have CXIItlined sin;Jle limits for bodily injury aIXi ~~ty damage of not less than one million dollars ($1,000,000). El....u.<:S aIXi Clnissions Liabilitv Insurance - Canbined sin;Jle limits of $1,000,000 for bodily injury aIXi property ~ or Professional T,;,.hilitv - Professional liability with limits of at least $1,000,000 per claim aIXi in the ~~te. ADDITICNAL NAMED INSURED - All policies, except for the Workers' n '''l-ensation ccverage aIXi Errors aIXi Clnissions or Professional Liability, shall contain additional errlorsement:s ~ DISmIcr an:ljor Ca.mty enployees, agents, volunteers aIXi officers as additional named insured with respect to liabilities arisin;J art: of the perfcmnanoe of service he.reurxier. For Professional liability ccverage the DISIRIcr aIXi the Ca.mty shall be named as a designated person refererx::in;J this l!y............lt's Contract No. on the policy. WAIVER OF stJlRXOATICN RIGIfI'S - CITY shall require the carriers of the abCJIIe required coveraqes to waive all rights of subrogation against the DISmIcr'S aIXi the Ca.mty's officers, volunteers, enployees, .....1W...ctars aIXi subcontractors. Page 3 of 5 ~" '.......Y - roLI~ PRIMARl/' AND NCN-<TWI'RTRm:lRY - All policies required above are to be primary am nar......,Lcil:utozy with any insurance or self-insurance pr"':jLCUlb carried or administered by DISmIcr and/or the County. PRJOF OF CXlVER1lGE - CITY shall ;1'I'II1I'iI;Ilte1y furnish certificates of insurance to the DISmIcr evi.dencin;J the insurance ooverage above required prior. to the c:x:mnerx:leIII of perfonnaooe of sel:Vice hereurDer. 'lbese certificates shall provide that such insurance shall not be tetminated or expire without thirty (30) days written notice to the DISmIcr and/or the County. within sixty (60) days of the o""-'JOeIIIeI,t of this ~........,.1t the contractor shall furnish certified ~ies of the policies am emorsements. INSURANCE REVIE.W - 'Ihe above insurance requirements are subject to periodic review by the DISmIcr and/or the County. 'Ihe County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements wherever the Risk Manager deteDDines that any of the above insurance is not available, is unreasonably priced, or is not ~ to protect the interests of the DISmIcr and/or the County. In addition, if the Risk Manager deteJ:mines that heretofore unreasonably priced or unavailable type of insurance ooverage or ooverage limits ~'" reasonably priced or available, the Risk Manager is authorized, but not required, to d1an;Je the above insurance requirements to require additional types of insurance coverage or higher ooverage limits, provided that any such d1an;Je is reasonable in light of past c1aiJDs against the DISmIcr and/or the County, inflation, or any ather item reasonably related to the County's risk. Any such reduction or waiver for the entire teJ:m of the J\o,ju.eluE!ht am any d1an;Je requirin;J additional types of insurance ooverage or higher ooverage limits DUSt be made by 1lIIIeOOmel1t within thirty (30) days of receipt. DISmIcr hereby ackrx:lwledges that CITY is self insured as to various . insurance coverages. DISmIcr hereby waives the requirement for additional nanEd insureds, for evidence of ooverage am for notice of canoellation. See attached Exhibit "B" for insurance documentatim. 5. DISTRIcr shall imemnify am hold hannless the CITY their officers, aqents, volunteers am arployees fran am against any anlJ.l 01"';-, demarJjs, loss or liability of any kin:i or nature Wich the CITY and/or their officers, aqents, volunteers or enployees, may sustain or incur or Wich may be i"V""""'l upon them, for property damage am injury to or death of any persons caused by the DISmIcr'S negligent use of the ARFA OF CDM:'N USE. 6. . DISmIcr has am reserves the l:'ight to use ARFA OF <:x:JoM:N USE in any manner not in conflict with CITY'S needs for the PL'..,osed plblic roadway iDpravement, without J1""""'X'coity for any further pennit or pennission fran CITY. DISmIcr shall, except in emergencies, give reasanable notice to CITY before perfonnin;J any loIOIic Wich may affect CITY'S facilities in said ARFA OF CDM:'N USE. '!HIS l\GREEMENl' shall imre to the benefit of am be birr:iin3 upon the S"~~':>rS am assigns of both parties. Page 4 of 5 ~ AGREEMENT: CONSTRUCTION OF BRIDGE AND OTHER IMPROVEMENTS, DEVIl REEK DIVERSION CHANNEL AN'~ ..1ALLMARK PARKWAY * * * * * * * * * * * * * * * * Approved as to form and legal content: James F. Penman City Attorney SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ByL_9, &~ C .. Chairman, Board of Supervisors CITY OF SAN BERNARDINO, a Municipal Corporation (State if corporation, company, etc,) By .. Dated (Aurl1oriZM Sign/llun) Dated ATTESTED: .. Secretary of the Flood Control District Address 300 San Mayor North "D" Street Bernardino. CA 92418 Title ;C~~f Dale :$ - 2-1 -'[7 Review(l1 8S to Affirmative Action \: n,' ..~~ Reviewed for Processing Dale 5~~o-9~ .. Agency Administrator/CAO Date