HomeMy WebLinkAbout1993-280
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07/06/93
RESOLUTION NO. 93-280
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A 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 CROSSING
OF MARSHALL BOULEVARD AND OF A DIP CROSSING OF FOOTHILL DRIVE, BOTH AT
LITTLE SAND CREEK.
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 of Marshall Boulevard and of a dip
crossing of Foothill Drive, both at Little Sand Creek, in the City of San
Bernardino, County of San Bernardino, State of California. Said City cons-
ents to the recordation thereof.
SECT ION 2.
The authorization to execute the above-referenced
agreement is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this resolution.
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1
RES 93-:280
07/06/93
ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: LITTLE SAND CREEK AT
MARSHALL, BOULEVARD AND AT FOOTHILL DRIVE
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
Bernardino at
the Mayor and Common Council of the City of
San
a
_2nd..- day
of
held
on
the
thereof
~__reg~!ar_______meeting
4 ___Aug~st ________' 1993, by the following vote, to-wit:
5
6 COUNCIL MEMBERS:
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 OFFICE VACANT
12 POPE-LUDLAM
13 MILLER
i\BSTAIJ:!
ABSENT
AYES
NAYS
x
x
x
x
x
x
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~",~(!.,~
----~-----------
Rach I Clark, City Clerk
The foregoing resolution is hereby approved this ~:r~ day
of _____~ygy~~_______________, 1993.
'2;1'
------- ,,' #: '
- {'~ _'1'?~~_________
f;;ffi Minor, Mayor
City of San Bernardino
24 Approved as to form
and legal content:
25
26 James F. Penman,
City Attorney
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2
E New
M Change
X Cancel
County Department
Flood Control District
Flood Control District Contract Representative
Mina
Fund
FOR COUNTY USE ONL Y
Vendor Code Dept.
Contract Number
sc
A
93-411
Dept.
092
Orgn.
Contractor's License No.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
Organization
Amount of Contract
- 0 -
Activity GRC/PROJ/JOB Number
FA29ll6
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
092
Ph. Ext.
387-2597
Obj/Rev Source
FY
liD
Project Name
Little Sand Creek
(Lemon Basin) at
Marshall & at Foothil
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"
iOO North "D" Street
San Bernardino. CA 92418
Phone Birth Date
lS.02 ~'12iO
FederallD No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below 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.)
~".
'lHIS 1\GREEMENI', made and entered into this 8th day of ,Tnnp
19-2J., by and between the CITY OF SAN BERNARDlllO, a numicipal corporation of
the state of California, hereinafter referred to as "CITY", and the SAN
BERNARDlliO <XXJNIY FIOOD a:NffiOL DISTRICT, a body corporate and politic of the
state of California, hereinafter referred to as "DISTRICT".
WITNESSETH
WHEREAS, DISTRICT desires to effect, at no cost to the CITY, the
construction, operation and maintenance of a box culvert crossin:] of Marshall
Boulevard and of a dip crossin:] of Foothill Drive both at Little San:i Creek"
which operation and maintenance will necessitate DISTRICT'S use of certain CITY
awned larxls for flood control pllpClSe5; and
WHEREAS, DISTRICT desires to cpmlte and maintain said facilities and
appurtenances within CITY 1arxls and within adjoininJ DISTRICT 1arxls, which CITY
larxls are hereinafter referred to as "AREAS OF a:Mt::!'I USE", which AREAS OF CJ:HoI)N
USE are shown on attached plat map marked "EXHIBIT "A"; and
m!9116
1
of
5
02.12459.697 Rev. 1/91
Page
RES 93-280
WHEREAS, CITY desires to preserve, maintain, =nstruct arrl qJerate public
roadways within arrl across said AREAS OF o.::tH:N USE;
NCW, 'lHEREFORE, IT IS UNDERS'IOOD AND KJIUALLY AGREED 1\5 FOu.cMS:
1. CITY hereby =nsents to the =nstruction, reconstruction, maintenance arrl
operation of the above mentioned flood control inprovements arrl
apprrtenances thereto, at no expense to the CITY within the AREAS OF ~
USE arrl to allow DISTRIcr to occupy arrl use said AREAS OF ~ USE for
flood control pw:p::sro; provided, however, that no such use, QCCIlpClI1Cy,
=nstruction, reconstructi.on or maintenance, shall be effected by the
DISTRIcr, its Sl.l~SOrs or assigns, in any manner which, in the opinion
of the Olief Engineer of the CITY, may interfere or =nflict with any
structures, facilities, operation or uses which CITY has or inten:ls to have
upon said laros,without first submittin;J plans of such occupancy or use
to CITY I S Olief Engineer at least thirty days prior to the date of such
intended occupancy or use arrl obtain his written approval therefore, which
approval shall not be unreasonably withheld, if in the opinion of the Olief
Engineer, the proposal does not interfere or conflict with the CITY'S
interests or the purpose of this agreenent.
"',
2. DISTRIcr, its successors arrl assigns shall assune full responsibility forthe operation arrl maintenance of and liability for the box culvert crossing
of Marshall Boulevard and its appurtenances from the soffit of the box
culvert down.
3. CITY, its successors and assigns shall assune full responsibility for the
operation and maintenance of and liability for the Marshall Boulevard road
inprovements and their apprrtenances, located within the AREAS OF ~
USE, from the soffit of the box culvert up.
4. DISTRIcr, its successors and assigns shall assune responsibility for the
repair of the dip crossing on Foothill Drive at Little Sani creek when it
has been detennined that damage to the dip' crossin;J was caused by the
waters of Little Sarxi creek.
5. CITY, its successors arrl assigns, shall assune responsibility for
operation, maintenance and repair of the dip crossing at Foothill Boulevard
at all times except as noted in Para~ 4 above.
Page 2 of 5
RES. 93-280
6. DISI'Rlcr ackn<:Mledges CITY'S right to AREAS OF a::MMJN USE am the priority
of CITY'S right within AREAS OF a::MMJN USE. Except in emergencies,
DISI'Rlcr shall give reasonable notice to am obtain written awroval fran
the CITY before perfo~ any work on DISI'Rlcr facilities in said AREA
OF a::MMJN USE, where such work will be perfo:rmad within roadway areas, if
which said work will in any way alter or obstruct the travelifB' p..1blics
use of the roadway.
7. DISI'RIcr agrees to:
lNDEl'lNIFICATION - DISI'Rlcr shall Wemnify am hold CITY am all its
authorized officers, employees am agents of said public body free am
harmless from any am every claim, demarxi or action for damages, or injury
to any person or persons or property of any kini whatsoever, am any cost
or ~ in connection therewith, which may arise out of or result fran
DISI'RIcr'S construction, operation, maintenance, use or activities of its
facilities as described herein.
,
INSURANCE - In order to accarnplish the Wemnification herein provided for,
but without limiting the Wemnification, the DISI'RIcr shall secure am
maintain throughout the term of the contract the following types of
insurance issued by coropanies acceptable to the CITY with limits as shown:
Workers CClltIDenSation - A program of Workers' Conpensation insurance
or a state-approved Self-Insurance Program in an am:Jl1I'lt am form to
rreet all applicable requirements of the Labor Code of the state of
California, includin;J Employer's Liability with $250,000 limits,
covering all persons providing services on behalf of the DIsrnrcr
am all risk to such persons 1.1OOer this 1\greement.
ComPrehensive General am Autanobile Liabilitv Insurance - '!his
coverage to include contractual coverage am autard:>ile liability
coverage for owned, hired am non-owned vehicles. '!he policy shall
have combined single limits for bodily injury am property damage
of not less than one million dollars ($l,OOO,OOO).
Errors am Omissions Liabilitv Insurance - Combined sifB'le limits
of $l,OOO,OOO for bodily injury am property damage or
Professional Liabilitv - Professional liability with limits of at
least $l,OOO,OOO per claim am in the aggregate.
ADDmONAL NAMED INSURED - All policies, except for the Workers'
Conpensation coverage am Errors and Omissions or Professional Liability,
shall contain additional errlorsements namirg CIT'i am its employees,
agents, volunteers and officers as additional named insured with respect
to liabilities arisifB' out of the perfomance of service hereunder. For
Professional liability coverage the CITY shall be named as a designated
person referencing this agreement's COntract No. on the policy.
Page 3 of 5
RES 93-280
WAIVER OF ~TlON RIGHI'S - DISI'RlCT shall require the carriers of the
above required =verages to waive all rights of subrogation against the
CITY an::l its officers, volunteers, employees, contractors an::l
subcontractors .
roLIClES PRIMARY AND NON-<DNl'RII'l1IDRY - All p:>licies required above are
to be primary an::l non-a:mtributory with any insurance or self-insurance
programs carried or administered by CITY.
PmC)F OF <XlVERAGE - DIsmICT shall i1mIedi"tely furnish certificates of
insurance to the CITY evidencing the insurance =verage above required
prior to the cornrnencemerrt of performance of service hereun:ier. 'lhese
certificates shall provide that such insurance shall not be tenninated or
expire without thirty (30) days written notice to the CITY. Within sixty
(60) days of the commencement of this Agreement the contractor shall
furnish certified copies of the p:>licies an::l endorsements.
INSURANCE REVIEW - 'lhe above insurance requirerrents are subject to periodic
review by the CITY. 'lhe CITY is authorized, but not required, to reduce
or waive any of the above insurance requirerrents wherever the CITY
determines that any of the above insurance is not available, is
unreasonably priced, or is not needed to protect the interests of the CITY.
In addition, if the CITY determines that heretofore unreasonably priced
or unavailable types of insurance =verage or =verage limits i::>ec=ne
reasonably priced or available, the CITY is authorized, but not required,
to change the above insurance requirerrents to require additional types of
insurance =verage or higher coverage limits, provided that any such change
is reasonable in light of past claims against the CITY, inflation, or any
other item reasonably related to the CITY'S risk.
Any such reduction or waiver for the entire term of the Agreement an::l any
change requiring additional types of insurance =verage or higher coverage
limits must be made by amerrltrent within thirty (30) days of receipt.
CITY hereby acl<:r1avledges that DISTRICT is self insured as to various
insurance =verages. CITY hereby waives the requirerrent for additional
named insureds, for evidence of coverage an::l for notice of cancellation.
See attached Exhibit "B" for insurance documentation.
8. CITY shall indemnify an::l hold DISI'RlCT an::l all its authorized officers,
employees an::l agents of said public body free an::l hannless from any an::l
every claim, demand or action for damages, or injury to any person or
persons or property of any kin:i whatsoever, an::l any cost or expense in
connection therewith, which may arise out of or result from CITY'S
construction, operation, maintenance, use, or activities of its facilities
as described herein.
9. CITY has an::l reserves the right to use AREA OF cx::MM:>N USE in any marmer
not in conflict with DISTRICT'S needs for the prq;>osed flood control
inprovements, without necessity for any further permit or permission from
DISI'RICT. CITY shall, except in emergencies, give reasonable notice to
DISI'RICT before perfonning any work which may affect DISI'RICT'S facilities
in said AREAS OF <XM-K)N USE.
Page 4 of 5
RES 93-280
10. El'IHER party nay, upon thirty (30) days written notice to the other party,
terminate the here:inabcNe described a~.L~oent, with each party to the
agreement being responsible for its share of the costs incurred by virtue
of any here:inabcNe described corrlitians.
'IHIS AGREEMENl' shall inure to the benefit of ani be birxiing upon the
SU='?S5'ors ani assigns of both parties.
"
Approved as to form
and legal contmt
James F. Pennan,
City Attorney
~J~
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
..
Ch
o<D
, Board of Supervisors
.\~\\ S '991
~
Secretary of the Flood Control District
Dated
:~'"i/J .
Co un1 "
Date ~"'] ~ 1)
02-12459.697 A.y. 1191
3~i/1/
CITY OF SAN BERNARDOO,
a mmicipal cor]X>ration
~ if corporation, company, etc,}
By" J ~?ldt0A..
I , (Au/horized Signolure)
'lU1 MImR MA vnR
attest; .J ". A . J...
jJ:J.~ ~ City Clerk
30~ NJR11I "D" STREET
Address SAN BERNARDOO. CA 92418
Reviewed for Processing
Date
~\'J1t...
Agency Administrator/CAO
Date
5
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of
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"Sec., 19
IONS~,
DESCRIPTION
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SAN BERNARDINO COUNtY.
FLOOD: CONTROL DISTRIct.
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RE:t 93.-280
t'~
'h/l',rI\l-
PAMELA H, THOMPSON
Risk Manager
RONALO a, OWENS
Assistant Risk Manager
County of San Bernardino
HUMAN RESOURCES)RISK MANAGEMENT DIVISION
1250 Cooley Drive. Suite 100
Colton, CA 92324-3942
CERTIFICATE OF INSURANCE
OR SELF-INSURANCE
JAMES J, HLAWEK
Assistant County Administrative Officer
Human Resources
In tha event of cancellation of the self-insurance programs or policies designated below, it is the intent
of the County of San Bernardino to mail 30 days' prior notice thereof to:
CITY of SAN BERNARDINO
300 NORTH D STREET
SAN BERNARDINO, CA 92418
The County of San Bernardino certifies that the following self-insurance programs or insurance policies
are in force: As respects to the common use agreement for improvements to
Little Sand Creek (Lemon Basin) at Marshall Blvd and Foothill Dri~e
(Agreement HFA29116)
.
COMPANY AND POLICY LIMITS OF LIABILITY
TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Property Damage
Comprehensive ,
General Liability self-insured indefinite 1,000,000 Combined Si gle Li mits
incl. Auto Liability
Excess Comprehensive
General Liability
incl. Auto Liability
Airport Liability NA NA NA NA
Excess Airport
Liability
Workers' self-insured indefinite statutory no coverage
Compensation
a: ERRORS &
w OMISSIONS
:I: LIABILITY SELF INSURED I NDEFI N ITE 1,000,000 COMBINED INGLE LIMITS
f-
0
This Certificate is not valid uniess countersigned by an authorized representetive of the County of San Bernardino,
Risk Management Division/Human Resources.
Original and department copies to:
Nina S. Ghaly, Chief fXIi/8/T flC"
Federal Projects/F.C. Engineering
Transportaion/Flood Control
June 24, 1992
Oat.
For Infonnation regarding the above self.insuranc8 programs or policies, please contact Risk Management Division at (714) 422.1652 or 422.1662.
~
08-13297-288 Rev. 6/80
DISTRIBUTION: White - Lege' Dwne, Cane,y - Requesting Depertment Pink - Risk Manegement