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HomeMy WebLinkAbout32-Public Works file No. 15.U~-1~j7 CITY OF SAN BERORDINO - REQUEST ~R COUNCIL ACTION ~- From: ROGER G. HARDGRAVE, Director Subject: Authorize Execution and Acceptancp. of a Common Use Agreement with the San Bernardino County Flood Control District-Box Culvert at Cable Creek and Industrial Parkway Dept: Public WorksfEngineering Date: June 1, 1992 Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLUTION cc: Shauna Clark, City Administrator James F. Penman. City Attorney Contact person: AnnlPo np'Rnl+ Phone: ~"I?R Supporting data attached: ~+Aff l1ppnrt, MAP! >>p~nl11tinn Ward: f, FUNDING REQUIREMENTS: Amount: W<:'1l0 Source: (Acct. No.) (Acc!, Description) Finance: Council Notes: 75-0262 Agenda Item No 3~ - CITY OF SAN BERURDINO - REQUEST::PR COUNCIL ACTION STAFF REPORT The City of San Bernardino is building a box culvert across the intersection of the Cable Creek Channel and Industrial Parkway - in the area where Hallmark Parkway and Industrial Parkway are being extended to meet each other and to accommodate improvements installed bv all adjoining subdivision. The Flood Control District has offered a Common Use Agreement which is acceptable to the City, which provides us with the authority to do the necessary work, This individual acceptance is necessarv 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 bv the attached letter, and the subject letter has been attached to the agreement as required. Upon execution of the Common Use Agreement by the Mavor, 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. 06/01/92 2 75-0264 . ...,...,. "'-' -- - ,. ~ .., !() , "" ::.: -- , ()\J II ... I . ...1\'1(. I " .,~1Il '~1\'6 . ...,~... I~ ~~:. ~ I'i ,,~,i\1l~ " ,," ll.." !lI~ l( ,~ "IU~ ~>!~,..tJ~ :l" ~ II!: q,2" ~~g , .,,\)11) ll" !I:Jll ' ""'<!:in ~l:ll( \ ' ~!l: "II, lo:lu '-,.~(._____ t ....wV\V)......'"\J I \.. __ o4."~ M. ,.,~,,;j~ / - --- I ' ----- ~ ., , \ \. I. ~ I / ,.,.~ I ~, l!' . ~ : , it: ~r l'l' ~. o ~, ;. I '" , .. _....- !!, U\: , ~. ~ - .."'~ " ",.",t, -- ..- .-- :<<1 '" ~ .ll ~ , " !l!al:: ~;1Il ~~~ ~"c ... 1~ ~ III :l"~I:~ ~~ ' "'~I!l~~ \\ a ~ 01 )();: = ~'1~~ ~~IJ) ~....~~.... ~IQ" ~.:~i~a: i\ \ .1~~ ~~~h: wi ~ ~"'B ~,,:>!\~C( ,,~ . tt~e~ll'~ ~!!I ~~ ' i !~- J ",/71 I ., ., 00/01/92 - - '-' -- 1 2 3 4 5 6 7 8 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 BOX CULVERT AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE CABLE CREEK CHANNEL RIGHT-OF-WAY. AND INDUSTRIAL PARKWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mavor of the Citv of San Bernardino is hereby authorized and directed to execute and accept on behalf of said City, 9 a Common Use ARreement with thH San Bernardino County Flood Control 10 District, a copy of which is attached hereto and incorporated bv reference 11 herein, as fullv as thollgh set forth in length. marked Exhibit "A", for the 12 construction of a box culvert and apPlIrtenances, more particularlv described 13 in said Common Use Agreement and concerning that certain real propertv in 14 the City of San Bernardino, County of San Bernardino, State of California, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 generally located across portions of the Cable Creek Channel right-of-wav at Industrial Parkway. Said City consents to the recordation thereof. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within one hundred twenty (120) days of the passage of this resolution, I I I / / / / / / / / / / / I / / / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 06/01/92 ACCEPTANCE AND EXECUTION OF COMMON lJSE AGREEMENT: BOX cm,VERT AT CABLE CREEK "ol-\ANNEL AND INDUSTRIAL PARKWAY 1 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing resolution was dulv adopted bv the Mayor and Common Council of the City of San Bernardino at a ___meeting thereof held on the dav of . 1992. by the following vote, to-wit: (;OUN~IL~~IR_S : AYES NAYS ABSTAlN AB..'lENT ESTRADA 8 REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Rachel Krasney, City Clerk The foregoing resolution is hereby approved this dav of . 1992. _._ __ ..______ u ____ W. R. Holcomb, Mavor Citv of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney _~J~~n-.~_________ ? . .. c , l: New M Change X Cancel County Department FOR COUN Vendor Code Contract Number Dept Orgn. Contractor's License No. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT Trans FLOOD CONTROL DISTRICT Flood Control District Contract Representative Mina Fund 092 092 Ph, EXI, Amount of Contract RFF 387-2597 Obj/Rev Source -0- ACtivity GRC/PROJ/JOB Number FA29118 Estimated Payment Total by Fiscal Year Amount 110 FY Amount 110 FY Project Name Cable Creek Channel -I ~a;ndustrial Park- 1_ = I 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.TTY OF ~AN BERNARDTNO Aodress hereinafter called "CITY" ,on N linn St. ~An R~~nA~rl;nnl CA Q?41R Phone Birtn Date 1 5 f1? - 1 ?3J ;:eoera: ID ~Jo. or Social Security No. iT IS HEREBY AGREED AS FOLLOWS: ..Use space below ana additions; bone sheets. Se~ forth sen'ice to be rendeted, amount to be pi:Jld, manner of payment, time for performance or camp/erion. aetermination of s8t!sfactorv periQrmar7c€' end ~aU5e for termination, other terms and condition~, and attach plans, specifications, and addenda, if any.) 'IHlS AGREEMENl', made anj entered into this day of 19_, by anj between the CITY OF SAN BERNARDIOO, a mmicipal '^"'-J:JUl:ation of the state of CalifonUa, hereinafter referred to as "CITY", anj the SAN BERNARDIOO CXXJN'IY FLOOD cnnroL DISIRIcr, a body corporate anj politic of the state of California, hereinafter referred to as "DISIRICl"'. WITNESSETH WHERFAS, CITY desires to effect, at 00 ocst to the District, operation anj maintenance of a box a.1lvert crossin;J of Cable Creek Olannel at Industrial Parkway, which =nshuction, operation anj maintenance will r"""""".itate CITY'S use of certain District owned lams for road p.u:p-:S$; anj WHERFAS, CITY desires to operate anj maintain said box a.1lvert anj awn:tenances within DISIRIcr IllNtS anj within adjoinin;J CITY lands, which DIS'IRlcr lams are hereinafter referred to as "AREA OF CXHI::N USE", which AREA OF CXHI::N USE is shown on attached plat map marked "EXHIBIT A"; anj , F%!9118 1 5 '" " ^.~ ........ ",.""", ......, WHERFAS, DIS'mIcr desires to presetve, maintain, ocrlStruct and operate flood control and water oanservatioololOrks within and across said AREA OF cx::JH:fi USE: NCM, ~ut(t;, rr IS tDl~l\.oD AND H1lUALLY .1lGREEI) AS FOLI.CMS: 1. orsnucr hereby CXII'lSeI1ts to the J:eocn""L...lJCti.oo, maintenance and operatioo of a box culvert and ~ thereto, at no expense to the Oistrict within the AREA OF cnM::.tl USE and to allow Cl'lY and the travel~ public to occupy and use said AREA OF a::tM:N USE for ..L......et and highway pnp:ses: prt:I\I'ided, however, that no suci1 use, 00CI1pCI1'ICy, canst:ructioo, recol~LLlJCti.oo or maintenance, shall be effected by the Cl'lY, its I'"~~ors or assigns, in any manner which, in the opinioo of the Chief En1ineer of the Orsnucr,may interfere or conflict with any stnJctures, facilities, operation or uses which orsnucr has or int:en:ls to have upon said l.cIms,withCA.tt first subnittiIq plans of suci1 occupancy or use to orsnucr's Chief En1ineer at least thirty days prior to the date of suci1 intended 0CCl1pCl1'lCy or use and cbtain his written ClWJ:aval therefore, which ~ shall not be unreasC81ably withheld, if in the opinion of the Chief En1ineer, the pL' \.""<11 does not interfere or canflict with the orsnucr's interests or the pmp:lSe of this ~=ll.el\t. 2. Cl'lY, its S''''O'>''''''OrS and assigns shall a~- full respollsibility for the operation and maintenaooe of and liability for the roadway facilities (in::1ulin;J all roadway culverts, pipes, box culvert, in::1ulin;J ~, sidewalks and ather ~ works), fran the soffit of the box culvert up. 3. Cl'lY a.ckncliiledges orsnucr's right to AREA OF C'C.HoDi' USE and the priority of orsnucr's right within AREA OF cx::JH:fi USE. Except in emergencies, Cl'lY shall give reasonable notice to and cbtain written ~ fran the DIS'mIcr before perfonnin;J any work on Cl'lY facilities in said AREA OF a::tM:N USE, where such work will be perfonned within channel or levee areas, if which said work will in any way alter or cilstruct the flow of or potential flow of waters within said flood control and water 06nservatioo works. . Jo '""~, r '"'. \""I --' 4. Cl'lY agrees to: aM INDEmIFICATICN - '!he city agrees to imemnify, ~ am hold hazmless the DIS'lRICl' an:ljor the camty am their agents, officers, volunteers am enployees against any am all claiIns or actions arisin;r fran Cl'lY' s negligent acts, errors or anissions in perfonnin;J services p.u:suant to this .......w.aet am for any costs or expem;9S in::urred by the DISl'RICl' an:ljor the camty on acccunt of any claim therefore. INSURANCE - In order to a~' ish the in:iemni.fication herein provided for, J::ut withoot limitin;r the imemni.fication, the Cl'lY shall secure am maintain 1:hrc:Klgha.It the tenn of the cont:ract the follCl'Ni.n:J types of insurance i ...<:I1M by c::c.1lplI1ies acx:ept:able to the Risk Manager with limits as shown: Workers CcItIoenSation - A prUl:lLc1ID of Workers' O::IIp!nsation insurance or a state-cq:proved Self-Insurance PLUl:lLCUII in an am::mtt am f01lll to meet all awlicable requirements of the Iabor Code of the state of California, includirg ~oyer's Liability with $250,000 limits, CCII7erin;r all persons provi.di.n;J services on behalf of the City am all risk to such persons urr:Ier this J\greemerIt. cu,.......hensive General am Aut:cm:bile T,i"hilitv Insurance - 'Ihis coverage to include ocntractual coverage am autald:lile liability coverage for owned, hired am ncn-owned vehicles. '!be policy shall have CXIIi:lined sin;rle limits for bodily injury am prqlE!rty damage of not less than one million dollars ($1,000,000). Errors am OInk.dons T.i"hilitv Insurance - Cati:>ined sin;rle limits of $1,000,000 for bodily injury am prqlE!rty damage or Professional T ,i "hilitv - Professional liability with limits of at least $1,000,000 per claim am in the c."",Legate. AIDrrr~ Nl\MED INSURED - All policies, except for the worxers' O'''I.~lSlltion coverage am Errors am CDissicns or Professional Liability, shall oantain additional emorsemellts IlaIIIin;J DIS'lRICl' an:ljor camty enployees, agents, volunteers am officers as additional named insurej with :r:espect to liabilities arisin;r out of the perfCll:1tlaOOe of service he.reIJrD!r. For Professional Liability coverage the DIS'lRICl' am the camty shall be named as a designated persal :r:efe:r:encin;r this ay.........../t's Contract No. on the policy . WAIVER OF SUBROGATICN RIGIfl'S - Cl'lY shall require the carriers of the above required coverages to waive all rights of subrogation against the DIS'lRICl"S am the camty's officers, volunteers, E!I1'ployees, CXI1tractors am subcontractors. . .. .. '- - roLIC"TR<l PRIMARY AND ~-a:tmmU'lORY - All policies required above are to be primazy and non-oantributory with any insuran=e or self-insuran=e p1V\:jLCWR> carried or administered by DIS'IRIcr and/or the Camty. PRl:X>F OF CXlVER1lGE - CITY shall i.........n;,.tely fumish certificates of insuran=e to the DIS'llUcr evi.derx::in:J the insuran=e cxweraqe above required prior to the lY'01WTIlOllCE!meut of perfonnance of service hereun:ler. 'lhese certificates shall provide that such insuran=e shall not be tenninated or expire withaIt thirty (30) days written notice to the DIS'IRIcr and/or the Camty. Within sixty (60) days of the o::mnerx:lE!III of this ~......ellt the cantractor shall fumish certified cqlies of the policies and erDorsement:s. INSURANCE REVIEW - '!he above insuran=e requirements are subject to periodic review by the DIS'IRIcr and/or the Camty. '!he Camty's Risk Manager is authorized, rot not required, to reduce or waive any of the above insuran=e requirements wherever the Risk Manager detennines that any of the above insuran=e is not available, is unreasooably priced, or is not ~ to protect the interests of the DIS'IRIcr and/or the Camty. In addition, if the Risk Manager detennines that heretofore unreasooably priced or unavailable type of insuran=e cxweraqe or cxweraqe limits 00:' I...,. reasonably priced or available, the Risk Manager is authorized, rot not required, to dIan;Je the above insuran=e requirements to require additiooal types of insuran=e cxweraqe or higher cxweraqe limits, provided that any such dIan;Je is reasonable in light of past claims against the DIS'IRIcr and/or the Camty, inflation, or any other item reasonably related to the Camty's risk. Any such reduction or waiver for the entire term of the ~""'"'""'It and any dIan;Je requirin:J additiooal types of insuran=e cxweraqe or higher coverage limits IIUSt be made by amelldment within thirty (30) days of receipt. DIS'IRIcr hereby ackr1cJwledges that CITY is self insured as to various insuran=e coverages. DIS'IRIcr hereby waives the requiranent for additional named insureds, for evidence of coverage and for notice of caooellation. See attached Exhibit liB" for insuran=e docnlll<''1l:ation. 5. DIS'IRIcr shall iIrlemni.fy and hold hanDless the CITY their officers, agents, volunteers and E!IIployees fran and against any and all claims, deman:is, loss or liability of. any kiIrl or nature which the CITY and/or their officers, agents, volunteers or E!IIployees, may sustain or incur or which may be i"t"""""'l upon them, for ~'+'= ty damage and injury to or death of any persons ,",,11"ed by the DIS'IRIcr's negligent use of the ARFA OF CXHt::N USE. - .. .. AGREEMENT: CONS~RUCTION OF IMPROVEMENTS ACROSS PORTIONS OF CAB: CREEK CHANNEL AND INDUSTF-" L PARKWAY. 6. DIS'lRIcr has am reserves the right to use ARFA OF ~ USE in any manner . not in conflict with CITY'S needs for the}IL'~ plblic roadway i:aprovement, withalt I"""'-'~ity for any further pennit or pemi.ssion fran CITY. DISlRIcr shall, """""'T'L in emergen:::ies, give reasonable notice to CITY before perfonnin;J any work which may affect CITY'S facilities in said ARFA OF ~ USE. 'lHIS AGREEMENl' shall inure to the benefit of am be bi.nlirJ;J upon the EO~~"'t'S am assigns of both parties. * * * * * * * * * * * * Approved as to form and legal content: James F. Penman City Attorney SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BYi.~)-. ~~ ~Y OF SAN BERNARDINO, a Municipal Corporation (State if corporation, company, etc.) ~ Chairman, Board of Supervisors By ~ (Authorized Signqlure) Dated Dated ATTESTED: ~ Secretary of the Flood Control District Title Mayor 300 North "D" Street Address !':"n Rprn"rrlinor CA q241R Date I Review d as 10 ~malive A~'ion I~~ULJ - I Dale ~--/'t. f:;. ! Reviewed for Processing Approved 8S 0 Legal Form .~~ ..v~ '/ ~ ,(C County Counsel >'" ?.{-"!'J?... ~ Agency Aominls!rator:C':"O Date