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Home My WebLink About1994-109 04/11/94 1 2 3 4 5 6 7 8 RF:S01 ,UTI ON NO. 94-109 RESOLUTION OF THF: CITY OF' SAN RF:RNARDTNO AUTHORIZING THE ACCEPT- ANCF: AND EXECUTION OF A COMMON USE AGRF:EMENT WITH THE SAN RERNARIlINO COUNTY FLOOD CONTROL DISTRICT FOR STRF:ET WITlENING AND OTHF:R IMPROVF:MENTS, ACROSS PORTIONS OF DEVIL CRF:F:K DIVERS ION CHANNEL ACROSS ROTH CA.JON ROULF:V ARO AND KENDALL DRIVE RIGHT-OF-WAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THF: CITY OF SAN RERNARDINO AS FOLLOWS: That the Milyor of the City of StlD Bernardino 1S SECTION 1. hereby authorized and directed to execute ami ar-cept on behalf of said Ci ty, 9 a Common Use Agreement with the San Rernilrdino County Flood Control 10 Di strict, a copy of wh i r-h is attached hereto and i ncor-porated by refer-ence 11 herein, as fully as though se! fort:h in length, mar-ked F:xhibit "A", f(w the 12 widening and impr-oveme,!t of the bridges on Cajon Boulevilrd and Kendall IJrive 13 morp particnlnrly desrr-ihed in soid Common Use Agreement and cOIIr.p.r'ning ihnt 14 ced.il;n real property in the City of San Ber'nardino, C01mty of San Bernardi- 15 no, Slate of Califon1ia, geneT"rllly located rlr.ross portions of Ulf~ Mi 11 Rosin 16 f'ight-of-wilY at the br-jdges (Tossing Cajon 1Joulevarrl ilnd Kendall Drive. 17 18 19 20 21 22 23 24 25 26 27 28 Said City consents tn the recordati nn ther'eo[. SECTION 2. The authori.zation to execute the obove-referpnced agreement is rescinded if the parties to the ilgreement fail to execute il within one / / / / / / / / / / / / / / / / hundred twenty (120) days of the passage of this resolution. "94 109 1 2 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 04/11/94 ACCEPTAK'CE AND EXECeTION OF COMMON USE AGREFME\T: STREET WUJENJ\JG AND OTHER IMPROVEMENTS - lJEVIL CREEK DTVERSlON CHANNEl, AT CA.ION BLVD", ~NlJ KENnAn DR. I HEREBY CERT fry thil t the f,,"'''go i Ilg r'eso I nl. i Oil WilS d\l I y ilrlopl ec! flY lnp. Mn.yor ('HId Common Cmlncl] of thf> Ci ty' of SoH HerJlf\rdino at a regular lIIeel ing ther'eof he ld on the 2nd rlilY of May 1494, hy thfe following vole, to-wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT NEGRETE .X CURLIN . x_ HERNANDEZ _]I; _ OBERHELMAN __x DEVLIN .__K.. POPE-LUDLAM x MILLER __Xu R~JuL L(!~D/LJ[_ Rar.hel Clnrk, City Clerk ~: x!~t>Le.d.LnCV/ {:kF~ The foregoing r'eso 1 \Ii ion 1 s hferehy npproverl thi S 5t~ of dny Kay _ , 1994. ----;;;;.~)/{"A Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penmnn, City Attorney / /1 ~.~ ('/~... 2 94 109 14.9507-00C Rev_ 10/81 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA Agree. 94-516, FCD, Zone 2-300, Transp.-Kendall Cajon Blvd.; Inc. Cities-San June 14, 1994 Dr. & Bernardino FROM: KEN A. MILLER, Director TransportatioI1/Flood O:ll1trol SUBJECT; DEVIL CREEK DIVERSION c::IOOlNEL aHIJN USE 1\GREEMENl' FILE: 2-307 llEXXHmNIlMION: Acting as the govemi.n] I:x:rly of the Flocx:l Control District, approve O:mnon Use Agreement with the city of San Bernardino for road widening at Kerxlall Drive arx:l Cajon Boulevard. BllCKGR:lUND: '!he City is preparing for road widening projects at the Kerxlall Drive arx:l Cajon Boulevard crossings of the District's Devil Creek Diversion Olannel. '!his construction will necessitate the use of District owned larx:l for road pw:poses. '!he District is pr=essing a permit which will allow the City to construct the proposed road inprovements on District owned lands. 'Ihis agreement allows for the continued operation arx:l maintenance of the road inprovements as well as spelling out each entity's liabilities. REl\SON !OR llEXXHmNIlMION: Board approval is required to effect this agreement. REVIEW BY OTHERS: 'Ihis agreement was reviewed by D=puty County Counsel Olarles S. Scolastico on March 10, 1994; by Risk Management staff on February 3, 1994; by Secooo SUpervisorial District staff on May 31, 1994; arx:l by Fifth SUpervisorial District staff on May 31, 1994. ~ Dl\TA: '!here will be no financial iJnpact to the District. PRESENl'ER: Ken A. Miller *DISCUSSION: Jeff Wright states he is not opposed to this road widening, but questions why it took so long to take this action. He also asks that a blinking yellow light be put at this intersection. Agreement No. 94-516 cc: FCD-Ghaly w/agree. Contractor c/o FCD w/agree Auditor w/agree. Affirm. Action w/agree. PWG Co. Counsel-Scolastico Risk Mgmt. File w/agree. MOTION YE MOTION 5 lw EARLENE BY DATED: BOARD 1:5-:0;;' -/:2 93 ITEM 4Gb , '94, 109 ,. , R"". .94-109 E New M Change X Cancel County Department FOR COUNTY USE ONL Y Vendor Code Dept. Cantr ct Number " SC A ..5/1.0 Dept. Orgo. Contractor's License No. Flood Control District Contract Representative Ph. Ext. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT Commodity Code -0- Activity GRC/PROJ/JOB Number FA29313 Estimated Payment Total by Fiscal Year Amount lID FY Amount 110 FY Project Name fYJ,vil ("rppk nivP~in ~t- l{pm?lll T)ri VP rlrn 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 Address CI'fi-OF Sl\N J3ERN1illDJN{) hereinafter called CI'lY 300 North n ~trAPr Phone ~n P&lo~rn;l'1() . ('/>, q?41R Birth Date (qnq) ,R4-'i111 FederallD No. or Social Security No. 1'i.02 - 1/.93 IT IS HEREBY AGREED AS FOLLOWS: (Use sP'8ce. below an.d additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment. time for performance or completion, determmatlon of satisfactory performance and cause for termination, other terms and condirions, and attach plans, specifications, and addenda, if any.) 'IRIS AGREENENT, mde and entered into this 1tJ+A day ofJ4'\.L. , If/l/, by and between the CITY OF SAN BERNARDINO, a municipal corporation of the stat; of California, hereinafter referred to as "CITY", and the SAN BERNARDINO axJNlY FIOOD <X>NrnOL DISTRIcr, a body corporate and politic of the state of California, hereinafter referred to as "DISTRIcr". WITNESSETH . WHEREAS, CI'lY desires to effect, at no cost to the DISTRIcr, the widening includi.J'g operation and mintenance of the existing bridge crossings of the DISTRIcr'S Devil creek Diversion Channel at Kendall Drive and at Cajon Boulevard which operation and mintenance will necessitate CITY'S use of certain DISTRIcr owned lands for road JXllPOSe5; and WHEREAS, CI'lY desires to construct, operate and mintain said widening projects and existing reinforced concrete bridges and appurtenances within DISTRIcr lands and within adjoining CI'lY lands, which DISTRIcr lands are hereinafter referred to as "AREAS OF roH)N USE", which AREAS OF COMMON USE are shown on attached plat mps marked EXHIBIT "A" and EXHIBIT "B" attached hereto and mde a part hereof; (\::' -1 ~'.i-!,;::).fi91 flov 1 !91 Pa~Je 1 01 _.Li.__ 94 109 WHEREAS, DISTRIcr desires to preserve, maintain, construct an::l. operate flood control an::l. water conservation works within and across said AREAS OF a::MIJJN USE; NCM, 'niEREFORE, IT IS UNDERS'IIXlD AND MlJIUALLY AGREED AS FO~: 1. DISTRIcr hereby consents to the construction, reconstruction, maintenance an::l. operation of bridge crossings and appurtenances thereto, at no expense to the DISTRIcr within the AREAS OF a:MKlN USE and to allow CITY an::l. the traveling p.1blic to occupy an::l. use said AREAS OF a:MKlN USE for street an::l. highway pn:poses; provided, however, that no such use, occupancy, construction, reconstruction or maintenance, shall be effected by the CITY, its successors or assigns, in arrj manner which, in the opinion of the Chief Engineer of the DISTRIcr, may interfere or conflict with any structures, facilities, operation or uses which DISTRIcr has or interrls to have upon said lands, without first submitting plans of such occupancy or use to DISTRIcr I S Chief Engineer at least thirty days prior to the date of such interrled occupancy or use and obtain his written approval therefore, which approval shall not be withheld, if in the opinion of the Olief En:Jineer, the proposal does not interfere or conflict with the DISTRIcr'S interests or the purpose of this agreen-ent. 2. CITY, its successors and assigns shall assume full responsibility for the operation an::l. maintenance of and liability for the roadway facilities (including all roadway culverts, pipes and those portions of the bridge structures, including approaches, sidewalks an::l. other appurtenant works, located above the bottom plane of the bridge seats or soffit of deck structures, whichever is lowest). 3. CITY acJmowledges DISTRIcr'S right to AREAS OF a:MKlN USE an::l. the priority of DISTRIcr'S right within AREAS OF a:MKlN USE. Except in emergencies, CITY shall give reasonable notice to and obtain written approval from the DISTRIcr before perfonning arrj work on CITY facilities in said AREA OF a:MKlN USE, where such work will be perfonred within channel or levee areas, if which said work will in arrj way alter or obstruct the flow of or potential flow of waters within said flood control an::l. water conservation works. 4. CITY agrees to: INDEMNIFICATION - The CITY agrees to indemnify and hold harmless the DISTRIcr arrljor the County an::l. their agents, officers, volunteers and employees from an::l. against any an::l. all claims or actions arising from CITY'S negligent acts, errors or omissions in perfonning services pursuant to this contract an::l. for any costs or expenses in=ed by the DISTRIcr and/or the County on a=unt of any claim therefore. INSURANCE - In order to a=omplish the indemnification herein provided for, but without limiting the indemnification, the CITY shall secure and maintain throughout the term of the contract the following types of insurance issued by ~es acceptable to the Risk Manager with limits as shown: Workers compensation - A program of Workers' Coropensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the labor Code of the state of California, including' Employer's Liability with $250,000 limits, covering' all persons providing' services on behalf of the CITY and all risk to such persons urrler this Agreement. Page 2 of 4 . ,. 94 ~r9 COmPrehensive General and Automobile Liabilitv Insurance - 'lhis coverage to include contractual coverage and automobile liability coverage for c:MI'led, hired and non-owned vehicles. '!he policy shall have c:onV:>ined sin:Jle limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Errors and Omissions Liabilitv Insurance - Combined sin:Jle limits of $1,000,000 for bodily injury and property damage or Professional Liabilitv - Professional liability with limits of at least $1,000,000 per claim and in the aggregate. ADDmONAL NAMED INSURED - All policies, except for the Workers' Compensation coverage and Errors and Omissions or Professional Liability, shall oontain additional en:iorsements naming DISTRIcr and/or the County of San Bernardino and their employees, agents, volunteers and officers as additional I'lalOOd insured with :respect to liabilities arisin:J out of the performance of service hereurrler. For Professional Liability Coverage, the DISTRIcr and the County shall be I'lalOOd as a designated person referencing this Agreement's COntract Number on the policy. WAIVER OF SUBRCGATION RIGHTS - CITY shall require the carriers of the above required coverages to waive all rights of subrogation against the DISTRIcr'S and the County's officers, volunteers, employees, contractors and subcontractors. roLICIES mIMARY AND NON-C'ONTRIBUIORY - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by DISTRIcr and/or the County. PROOF OF CXlVERAGE - CITY shall immediately furnish certificates of insurance to the DISTRIcr evidencin:J the insurance coverage above required prior to the CXJl'lU'l'eI1CEt of performance of service hereunder. These certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the DISTRIcr and/or the county. Within sixty (60) days of the CXJl'lU'l'eI1CEt of this Agreement, the contractor shall furnish certified copies of the policies and en:iorsements . INSURANCE REVIEW - '!he above insurance requirements are subject to periodic review by the DISTRIcr and/or the County. The county's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements wherever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the DISTRIcr arrljor the COunty. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits bec:o!re reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements or to require additional types of insurance coverage or higher coverage limits, provided that any such chan;Je is reasonable in light of past claims against the DISTRIcr arrljor the County, inflation, or any other item reasonably related to the County's risk. Any such reduction or waiver for the entire term of the Agreement and any chan;Je requirin:J additional types of insurance coverage or higher coverage limits must be made by curendment within thirty (30) days of receipt. Page 3 of II 94' 'no . '. DISTRICT heireby acknc:Mledges that CITY is self insured as to various insurance =verages. DISTRICT hereby waives the requirement for additional named insureds, for evidence of coverage and for notice of cancellation. See attached Exhibit "c" for insurance documentation. 5. DISTRICT shall indemnify and hold harmless the CITY, their officers, agents, volunteers and employees from and against any and all claims, del'l1aOOs, loss or liability of any kind or nature which the CITY arxVor their officers, agents, volunteers or employees, may sustain or in= or which may be :i.np:>sed upon them, for property damage and injury to or death of any persons caused by the DISTRICT'S negligent use of the AREAS OF CXM10N USE and for any costs or expenses incurred by the CITY on a=unt of any claim therefore. 6. DISTRICT has and reserves the right to use AREAS OF CXM10N USE in any manner not in conflict with CITY'S needs for the proposed public roadway improvement, without necessity for any further permit or permission from CITY. DISTRICT shall, except in emergencies, give reasonable notice to CITY before performing any work which may affect CITY'S facilities in said AREAS OF CXM10N USE. 'lHIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. ~ Chair Dated JUN 1 1\ 1994 ~tl.Slfo_ ATTESTED: - ~ Secretary of the Flood Control District Approved as to fom and legal content: JA1-1ES F. PENMAN City Attorney CUY OF SAN BERNARDOO, a Municipal corporation (State if corporation, company, etc.) ~.~/J J ( By ~ /~ 3~ HftV 61994 ( (AI/thor/zed Signa/lire) Dated Ta1 MINJR, Mayor Attest: . Title "jjt!JJl~^rM.~~ ,i:Lef)U~Citv Clerk 300 North "D" street Address_..s.anJ3emardino. CA 92418 Approved as to Legal Form ~unty f2f(;~ Date ')-/0-"1{ r----.-~._---~--"---------.-----------r-- I Reviewed as [0 /dfirnwtivi: Act;on i Reviewed for Processing I ...-.-1 "'~-AL/A-~----___n__- t~;jmin;stratorICAO I 02t8._" __________.____._.__ Date 02.12459.697 Rlv. 119' Page __._~ of 4 ~ ~ - 94 f09 G WOOD FENCE .. STA 11".H. "g BEGIN GUTTER TRANSITION~ SEE DETAil ON SHEET C-I ~ R/W )C'S' 'ENCEx W. CL .."~~ STA I H'S4. 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":I;&~-: .'. , .' .' . :::1 : ) 1'"+-" 16) 'I}. =-"', ~---< I , 11 . . ,~;,j '.:: ::~:' K"':'11 '.' " . -yl , .:- ~~ . ~ ~ \- o ,r;; .... . . . ".' r'j i' [,-, . ..'" 1--- .'.'~ I. ..... , \~ :;o;;.....if. "'...._n 0-<0::0 ~ ~~ I>>~~;;t Ii ~ ~ ~ ';::1 ~.;" '.~ '" ~ (, , , ..,'., 015' ~ ~:' 'I 24' , '0' 114.'" EXIST CIJR8 . Gl 041' LT. ' ]' CL F' .2 !--. "'::: GUY lol PIPE STA 11 t. 20' l'-... ~ OETAIL 10' C\. r , 2 -,,- -- 204' .. ]2' S 10' Cl , S . I Bl:G. FEN( j,;) ----- 1:/ .... - ? v nf:'TAlJ STA I1l1!.'18 ~ '. S; SEE DEli '" I' Ir-- t. CL i \ l\ 94 109 1J:Y ~ 45' 45' .' ' .' "0 .1.';1 .., ~','~j ,., --J --J ------ --J ex> 15' 1 B' lB' GTE 10' I 5/0 ~ CRt.t.IC. 33' 32' 6.:.1_________ - Ot.'1I\. I '" N r-r- '-': "'- ---- - ~ r '" \5'" '"' <:) ... ("> .... 0 C~\lLE CREEl'. SlA 17g.:n.29 z 0 B(GINsIDEw~-L-K o ~~ r-r- 0 . . SEwER U. H. - "C1 SIGN . . .' . ::/j!/::' J2 LF >0' CUPG 1'1 -- 'NO TRESPASSING' SIGN ~ STA 179.51 BEG. .' . 6' .6' SIDEWALK .' . V'lCD3:1 . ',' sa 119.59 (,16' ,..,:00 SE u ""-0 0- $HT, VI""" :x:,..,-< ,.., ,..,"',.., . . WIRE OPE BARRIColOE . . :0- .' . VI:OVl ..:/j!/> , --i -,..,- :OZI - " n 0 ,. '" '.. ..... ex> Ii c.. 0 0 0 '0 '0' Z N o .- o .:.::::~':.~. . ..:....:.. -:-:-:.:.. ~'.'.'.' ..... n' ,. c.. o Z '" r < o SH 117'50 END CuRB' SIDEWALK REYOVALS 6' -6' ~ ~ ;:; SEwER I.A. H. ~ n ,. <- o z I'" .- < o UCI ),l. H. o ,.., x GUY o '" N N c' -< IJ' '" r o o <:) ("l ~ ... ~ ." STA 118.20 8 ~ t20' OOY ." ST'" 178'30 BEG. ~ I.ACI S' SIDEWALK :5:. g' 5/0 l 'NO POWER POlE :53.3' RT. TRESSPASSINC' SIGN WIRE ROPE BARRIER ~ a> ..........'C :;'_i. <'< . ~~:!: ~!r! .~c .0- l?~5 .. " ~~~ . ' . . ....... .' . ..:....... .' . , . 94 ;. n~ o City of San Bernardino City AdministrationlRisk Management Division 300 N. '0' Street San Bern.rdino, CA 92410 Victor F. Lorch Director, Risk Management Shauna Clark City Administrator CERTIFICATE OF INSURANCE OR SELF.INSURANCE In the event of cancellation of the self-insurance programs or policies designated below, it is the intent of the City of San Bernardino to mail 30 days' prior notice thereof to: County of San Bernardino Flood Control District The City of San Bernardinocertifiesthatthe following self-insurance programs or insurance policies are in force: Devil Creek Diversion at Kendall Drive and Cajon Boulevard COMPANY AND POUCY UMITS OF UABIUTY TYPE OF COVERAGE POUCY NO. PERIOD Bodily Injury Property Demage Comprehensive General Liability Self-insured indefinite $1,000,000 Combined Single limits incl. Auto Liability -- Excess Comprehensive Big Independent 7/l/93 - $25,00 ,000 X General liability Cities Excess incl. Auto liability Pool - B004 6/30/94 $1,000 000 Workers Compensation self-insured indefinite statutory no coverage 0 T H E R 4/14/94 Date Victor F. Lorch Director of Risk Management City of San Bernardino Authorized Representative ) This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management Di . . c~ Anne DeBolt, Public Works For information regarding the above self-insurance policies. please contact Risk Management Division at (909) 384-5308 RISK-4.08 I1-S31