HomeMy WebLinkAbout1994-113
04/11/94
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RESOLUTION NO. 94-113
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT-
ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS
PORTIONS OF MIU, BASIN (SOUTHWEST CORNER OF MILL STREET AND ~lERJDTAN
AVENUE) RIGHT-OF-WAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIl, OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION I.
That the Mayor of the City of
San Bprnarrlino 1 S
8 hereby authorhed and directed to execute aO(I accept on behalf of sairl Ci tYI
9 a Common USP. Agr'eemp.nt wi th the San Bp.rnardi no County Flood Contro I
10 District, a copy of which is attached hereto and incorporated by refp.rp.ncp.
11 hp.rein, as fully as though set forth in length, markp.d Exhibit "A", for the
12 widening of Mi 11 Strp.et and the insta lIati on of curbs, gutter's, anrl
13 sidewalks, more particularly described in said Common Use Agrep.ment and
14 concerning that certain real property in the City of San Bernardino, County
15 of San Bernardino, State of Cal ifornia, generally located across portions of
16 the Mi] 1 Basin r'ighl-of-way at the Sout.hwest corner' of Mi) 1 street and
17 Meridian Avenue. Said City consents to the recordation t herp.of.
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SECTION 2.
The outhorizotion to exer:ute the nbove-rpfprp.nced
19 agrep.menl is rp.se! nded if the pari i es to tllp. agrep.mp.nt fai I to p.xeclI!e i I
20 wi thin one hundred twenty (120) days of the passage of this resolution.
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94 113
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04/11/94
ACC1'PTANCR A~D EXRCI'TTOY OF CO'I'10\ !'SF AGRFF'1EH: S"'REFT WfDR\I\G AYD OTHE])
.P1pRO'JPIFNTS - MlI,L liASIN AT THE-:WC MT1.I. STREET AND MJ;:JIFJIAN AHNllf
I HEREBY CEIITIFY thot tile foregoing resolut ;011 "oS duly ildopted Ly
the Moyor cmd Common Cnunci 1 of t-hp. City' of SiHI Rp.rnilrdino fit fI
.-..regular__ ..meeting thereof held on the 2nd dilY of May
1994, hy the following vote, to-wit:
7{ruJul f.1cuJ'L
---- -- ---- -----.-.- ---
Rachel Clark, City Clerk
~: ;J~~~~ ~
The
foregoing
reso) utiOB is herehy approved thi s 5'\ In.
of
May_
, 1994.
Approved oS to form
ond legol content:
James F. Penman,
City Attorney
B" (}~"'L]t~
0-'
day
-Z~~~~
City of Siln Ber'nilrdino
2
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94 11
MINUTES OF THE BOARD OF SUPERVISORS,
OF SAN BERNARDINO COUNTY, CALIFORNIA
FCD, Gen'!.
FCD ZN 2-100
Inc. Cities/S.B.
Agree. No. 94-515
JI.U'le 14, 1994
FROM:
KEN A. MILLER, Director
TransportationjFlood control
SUBJECT:
MILL BlISIN CXl!HlN USE 1\GREEMEIfl'
FILE: 2-107
RECD!MENDl'.TION: Actinl as the gOVenlln:J body of the Flocx:l Control District,
awrove O::i'm1'on Use Agreement with the City of San Bernardino for road widenin:J at
Mill street ard Meridian Avenue.
~: '!he city is preparinl for a road widenin;J project on Mill street ard
Meridian Avenue which will necessitate the use of District owned lard at Mill
Basin for road purposes. The District is processinl a permit which will allow
the city to =nstruct the proposed road inprovements on District owned lard. This
agreement allows for the =ntinued operation ard maintenimce of the road
inprovements as well as spellinl out each entity's liabilities.
REl\SClN FOR RECX:I!MENIlM'ION: Board awroval is required to effect this agreerrent.
REVIEW BY C1l'HERS: This agreerrent was reviewed by Deputy O:lunty Counsel Olarles
S. S=lasti= on March 10, 1994; by Risk Management staff on February 3, 1994;
ard by Fifth SUpervisorial District staff on May 31, 1994.
~ Dl'.TA: There will be no financial inpact to the District.
PRESENl'ER: Ken A. Miller
cc: Flood Control Dist. w/agr.
City of San Bernardino
w/agr., c/o FeD
Auditor, w/agr.
Human Res. /Af. Action
Risk Management
~
File w/agr.
Action of the Board of Supervisors
AGREEMENT NO. 94-515
APPROYEDaOARD OF SUPERVISORS
gJ@tY' d~S~~>a~RNARDINO
Ii." .,-{!f'~;;?":'~,_ :','.'> 'f,
MOTION,i' "'YE>:'i.)"s~ AYE MOVE
N'<~,) .1<', "'?~~'" ')a>,o II 4 5
.; /7?~ r;,,:';,O\~_.', 01 (H'-il 'i:\
EARLEN \' ~F>l'loWt;,Q,t~f(.)Of.. .r: BOARD
BY . ',2 Ie,". ',d -j> ,1
~'. ',~, ,"., {
DATED: ~E 14, ,1994, . "
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ITEM JfO~
..'
Res. 9.4.,.11<
E New
M Change
X Cancel
County Department
FOR COUNTY USE ONL Y
Vendor Code Dept.
Contract Number
SC A
9<;..SiS"
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
Fund
Dept. Organization
Commodity Code
FY
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount
110
Project Name
Mill ~~;n Mr Mill
~t- :=tnn Mpr; n i r'm li.vp
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
CT'I'V OF SAN RF.RNIIRf)TNO
hereinafter called
CITY
300 North D Street
San RPl"ru'lrdjno. CA 92418
Phone Birth Date
(909) 384-5111
Federal 10 No. or Social Security No.
15.02 - 1239
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond s/)eets. 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.)
I ~-r.J1 day of :ltl 'ftP
and between the CITY OF SAN BERNARDINO, a municipal corporation of the state of
California, hereinafter refe=ed to as "CITY", and the SAN BERNARDINO roJNl'Y FIOOD
CXlNTROL DISTRICI, a body corporate and politic of the state of California, hereinafter
referred to as "DISTRICI".
'!HIS AGREEMENT, made and entered into this
, 19!1i, by
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the DISTRICI, the widening including
operation and maintenance of road improvements to Mill street and Meridian Avenue at
the DISTRICI'S Mill Basin which construction, operation and maintenance will
necessitate CITY'S use of certain DISTRICI owned lands for road purposes; and
.
WHEREAS, CITY desires to construct, operate and maintain said road improvements
and appurtenances within DISTRICI lands and within adjoining CITY lands, which DISTRICI
lands are hereinafter referred to as "AREAS OF COMMJN USE", which AREAS OF a:MDN USE
are shawn on attached plat map marked EXHIBIT "A" attached hereto and made a part
hereof;
WHEREAS, DISTRICI desires to preserve, maintain, construct and operate flood control
and water conservation works within and across said AREAS OF COMMJN USE;
(';'1;:>459-697 Ruv. 119)
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NCM, 'lHEREFORE, IT IS UNDERSTOOD AND MIJIUAILY AGREED AS FOLI.CMS:
1. DISTRICI hereby consents to the construction, reconstruction, maintenance ani
operation of said road improvements and appurtenances thereto, at no expense to the
DISTRICI within the AREAS OF CXlMMON USE and to alleM CITY and the travelin;J plblic
to occupy ani use said AREAS OF CXlMMON USE for street an:i highway p.uposes;
provided, heMever, that no such use, occupancy, construction, reconstruction or
maintenance, shall be effected by the CITY, its successors or assigns, in any manner
which, in the opinion of the Chief Engineer of the DISTRICI, may interfere or
conflict with any structures, facilities, operation or uses which DISTRICI has or
interm to have upon said lands, without first submittin;J plans of such OCX"1pClIlCy
or use to DISTRICI'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 Chief Engineer, the proposal does
not interfere or conflict with the DISTRICI'S interests or the pw:pose of this
agreement.
2. CITY, its successors and assigns shall assume full responsibility for the operation
ani maintenance of and liability for all roadway facilities (including all roadway
culverts, pipes, sidewalks and other appurtenant works) located within the AREAS
OF CXlMMON USE.
3. CITY ackrlcMledges DISTRICI'S right to AREAS OF CXlMMON USE an:i the priority of
DISTRICI'S right within AREAS OF CXlMMON USE. Except in emergencies, CITY shall give
reasonable notice to and obtain written approval from the DISTRICI before perfoIlllirg
any work on CITY facilities in said AREA OF CXlMMON USE, where such work will be
performed within the basin or levee areas, if which said work will in any way alter
or obstruct the flow of or potential flow of waters within said flood control and
water conservation works.
4. CITY agrees to:
rnDEMNIFICATION - The CITY agrees to indemnify and hold hanDless the DISTRICI arrl,Ior
the County and their agents, officers, volunteers and employees from an:i against
any and all claims or actions arising from CITY'S negligent acts, errors or
omissions in performing services pursuant to this contract and for any costs or
expenses incurred by the DISTRICI and/or the County on account of any claim
therefore.
DilSTJR.l\NCE - In order to accomplish 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 c:anpanies
acceptable to the Risk Manager with limits as shown:
Workers Compensation - A program of Workers' Compensation insurance or a
state-approved Self-Insurance Program in an amount an:i form to meet all
applicable requirements of the labor Code of the state of California,
including Employer's Liabil i ty with $250, 000 limits, covering all persons
providing services on behalf of the CITY and all risk to such persons umer
this Agreement.
Comprehensive General and Automobile Liabilitv Insurance - '!his coverage to
include contractual coverage and automobile liability coverage for owned,
Page 2 of 4
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94 113
hired arrl non-owned vehicles. 'Ihe policy shall have combined si.n;J1e limits
for bodily injury and property damage of not less than one million dollars
($1,000,000).
Errors and Omissions Liabilitv Insurance - Combined si.n;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.
ADDrrIONAL NAMED lliSURED - All policies, except for the Workers I Canpensation
coverage arrl Errors and Omissions or Professional Liability, shall contain
additional en:lorsements naming DISTRIcr and/or the County of San Bernardino arrl
their employees, agents, volunteers and officers as additional nam=d insured with
respect to liabilities arising out of the performance of service hereurrler. For
Professional Liability Coverage, the DISTRIcr and the County shall be nam=d as a
designated person referencing this Agreement I s Contract Number on the policy.
WAIVER OF SUBROGATION RIGHIS - CITY shall require the carriers of the above required
coverages to waive all rights of subrogation against the DISTRIcr'S arrl the County's
officers, volunteers, employees, contractors and subcontractors.
FOLICIES PRIMARY AND NON-CONTRIBlJTORY - All policies required above are to be
primary arrl non-contributory with any insurance or self-insurance programs carried
or administered by DISTRIcr and/or the County.
PROOF OF COVERAGE - CITY shall immediately furnish certificates of insurance to the
DISTRIcr evidencing the insurance coverage above required prior to the COIl1l1eI'\CE!It
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 c::omrrencement of
this Agreement, the contractor shall furnish certified copies of the policies arrl
en:lorsements .
lliSURANCE REVIEW - 'Ihe 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
and/or the County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or =verage limits
become 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 change is
reasonable in light of past claims against the DISTRIcr and/or the County,
inflation, or any other item reasonably related to the County's risk.
Arr:l such reduction or waiver for the entire term of the Agreement arrl any change
requiring additional types of insurance coverage or higher coverage limits must be
made by amendment within thirty (30) days of receipt.
DISTRIcr hereby acknowledges that CITY is self insured as to various insurance
=verages. DISTRIcr hereby waives the requirement for additional nam=d insureds,
for evidence of coverage and for notice of cancellation.
Page 3 of 4
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94 113
See attached EXHIBIT "B" for insurance documentation.
5. OIS'lRICT shall indemnify and hold harmless the CITY, their officers, agents,
volunteers and employees from and against any and all claims, demarrls, loss or
liability of any kind or nature which the CITY and/or their officers, agents,
volunteers or employees, may sustain or incur or which may be iroposed upon them,
for property damage and injury to or death of any persons caused by the DIS'IRICT'S
negligent use of the AREAS OF mMMON USE and for any costs or expenses incurred by
the CITY on a=unt of any claim therefore.
6. DIS'lRICT has and reserves the right to use AREAS OF a:MDN USE in any manner not
in conflict with CITY'S needs for the proposed public roadway iltprovement, without
necessity for any further permit or permission from CITY. DIS'IRICT shall, except
in eII'el:gencies, give reasonable notice to CITY before performing any work which may
affect CITY'S facilities in said AREAS OF a:MDN USE.
'llIIS AGREEMENT shall inure to the benefit of and be bind:in;J upon the successors
and assigns of both parties.
Approved as to fom
and legal content:
JAMES F. PENMAN.
City Clerk
,~
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
~
Ch
c;(Q /~
CITY OF SAN BERNARDIN)
a H,micipal corporation
(State if corporation, company, etc.)
By ~~~ MAY 51994
(Aut/lOrized Signol/lre)
Dated TIM MThDR, Mayor
Attest: .
TitlexfCVl~~q-1J,f1:'S1: City Clerk
Address S= Bernardino. CA 92418
, ,Board of Supervisors
JU~ 16 \994
Dated
ATTESTED: 4
~. p f, ,/ -J-
~ / I!~.i...e A'~
Secretary of the Flood Con 01 District
Approved as to Legal Form
Reviewed as to Affirmative Action
Reviewed for Processing
~ /lp/. ?'/
County <COu~ff !'~
Dale 7 -/0' ~ r--
~ ;V/A
~
Agency Administrator/CAO
Date
Date ____
02.12459.697 Rsv. 1/91
Page _JL_ of 4
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.94.113
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FILE NO: lS.02-1239A
CITY OF SAN BERNARDINO
TYPE OF EASEMENT: STREET AND HIGHWAY
LOCATION: SOUffi\~ CXlRNER OF MIIL STREET AND MERIDIAN AVENUE
GRANTOR: SAN BERNARDOO CXlUNl'Y FlJXlD CXlNI'ROL DISTRICT
, .,
994,lt3
-
City of Sen Bernerdino
City AdministrationlRisk Management Division
300 N. '0' Street
Sen Bernerdino, CA 92410 .
Victor F. Lorch
Director, Risk Management
Sheune 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 ofSen Bernardino certifies that the following self-insurance programsor insurance policies are in force:
Mill Street widening Mill Basin
(Mill and Meridian)
COMPANY AND POUCY UMITS OF UABlUTY
TYPE OF COVERAGE POUCY NO. PERIOD BodilV Injury p......rty 00""'118
Comprehensive
General Liability SelUnsured indefinite $1,000,000 Combined Single Limits
incl. Auto Liability
E~cess Comprehensive Big Independent 7/1/93 - $25,000, 00 X
General Liability Cities Excess
incl. Auto Liability Pool - B004 6/30/94 $1,000,0 0
Workers
Compensation self-insured indefinite statutory no coverage
0
T
H
E
R
This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management Division.
4/14/94
Date
Victor F. Lorch
Director of Risk Management
City of San Bernardino
Authorized Representative
~'-
cc:
Anne DeBolt, Public Works
For information regarding the above self-insurance policies, please contact Risk Management Division at (909) 384.5308
RISI(.....08 11-131