HomeMy WebLinkAbout1992-226
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RESOLUTION NO. 92-226
RESOLUTION OF THE CITY OF SAN RERNARDTNO AUTHORI7.ING 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 DIVERSION CHANNEL RIGHT-OF-
WAY AND HALLMARK PARKWAY.
I-lE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mayor of th" City of
Son Ar~rnardj no is
herehy authorized and direct"" to execute and accept on behalf of said Ci tv,
9 a Common Use Agr'eemelll with the San Bernardino County Flood Coni r01
10 District, a copv of which is attached hereto nnrl incorporated bv refer'ence
11 herein, as ful Jv as though set forth in length, mnrkerl Exhibit "A", for 1 11"
12 construction of a bridge and appurtenances, more particularly described tn
13 said Common Use Agreement and concerning that certain real properiv in the
14 City of San Bernardino, County of San Bernardino, State of California.
15 general]y located across portions of the Devil Creek Diversi on Channel
16 right-of-way at Hallmark Parkway. Said City consents to the record"Uon
17 thereof.
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SECTION 2.
Thp. dllthorizatj on to execute the i:lhove-referencf-~d
19 ngreement is rescinde" if the (lnrties to the agreement fai] to execute it
20 w.ithin olle hundred twenty (120) days of l.JH-~ passage 01' this resoluHoll.
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28 !!
06/09/92 1
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'\CCEPT!\\TE A'lTD BXECCTfO'IT OF CO'1"0\ CSF: AGRF:F:"F:\T: lWfJJGF AT 1"11':\'11, CPEF,
!\J\'F:1iS10\ CFANNFL AND. Rill.LMAliK PAR,ltA\
I HFREBY CERTIFY that the foreg"in!< nco"]"] ion was dulv ildopted llv
the
Mt\vor
_ _ _ _~~9ular
TnPP-ting
nnd Common Coune i l of the City of San Bernard.i no at it
then~o f
6th
July..
held
the
ddY
on
01
, 1992, bv the following vote, to-wit:
COUNCIL MEMBERS:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
The
foregoing
nf'd3
24 Approved as to form
and legal content:
25
26 James F. Penman,
Citv Attorney
06/09/92
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~3i~~~.
AY1.:S
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
nX
~ilJ:ffiJ"'~~'yl-td/;~ 4{(;;;u:/)fY{~
~:chel Kra~eYI City Clerk ~
resol "ti on is herebv approved thi s
1111.
dav
, 1992.
"'~/ /'7/7fL' //1..---7
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--: ~g61C( b, Mav r /'
Citv of Sa Bernar i no
2
FOR COUNTY USE ONL Y
E X New Vendor Code Dept. 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. Ext. Amount of Contract
Mina Ghaly 2597 -0-
Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PAOJ/JOB Number
RFF 092 092 FA29119
Commodity Code Estimated Payment Total by Fiscal. Year
FY Amount 110 FY Amount 110
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
300 N, "D" Street
hereinafter called CITY
(Per RES NO 92-226 adopted 7/6/92)
San Bernardino, CA 92418
Phone Birth Date
714-384-5111
Federal ID No. or Social Security No
15,02 - 1241
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. 5e: forth service to be rendered. amounr to be paid. manner of payment, time for performance or completion,
determination of satisfactory performance and cause fer te~mination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
'IHIS JIGREEMENI', made ani entered into this day of
19_, by ani between the CITY OF SAN BERNARDlliO, a nnmicipal =rporation of the
state of California, hereinafter referred to as "CITY", ani the SAN BERNARDlliO
<XXlNI'Y FIOOD CDNTROL DISTRIcr, a body =rporate ani politic of the state of
California, hereinafter referred to as "DISTRIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the DISI'RIcr, the
=nstruction, operation ani maintenance of a single span bridge crossing alorg
HallJnark Parkway on DISTRIcr'S Devil Creek Diversion which construction,
operation ani maintenance will necessitate CITY'S use of certain DISTRIcr owned
lands for road purposes; ani
WHEREAS, CITY desires to =nstruct, operate ani maintain said new
reinforced =ncrete bridge ani appurtenances within DISI'RIcr IANDS am within
adjoining CITY lands, which DISTRIcr lands are hereinafter referred to as "AREA
OF ~ USE", which AREA OF ~ USE is shC1Nl'\ on attad1ed plat map marked
"EXHIBIT "A"; ani
F1l29119
Ex H/ B IF \'r-} //
1
5
.;:'
WHEREIIS, DISTRIcr desires to preserve, maintain, =nstruct an:i operate
flocxl control an:i water =nservation works within an:i across said AREA OF ~
USE;
NCM, 'lliEREFORE, IT IS UNDERS'IOOD AND MUIUALLY AGREED l1S FOLlCMS:
1. DISTRIcr hereby =nsents to the =nstruction, re=nstroction, maintenance
an:i operation of a s:in3'le span bridge cross:in3' an:i awu-tenanoes thereto,
at no expense to the District within the AREA OF ~ USE an:i to allCM
CITY an:i the travel:in3' public to occupy an:i use said AREA OF ~ USE
for street an:i highway purposes; provided, however, that no such use,
0CCI1pal1Cy, =nstruction, reconstruction or maintenance, shall be effected
by the CITY, its Sll=eSSOrs or assigns, in any manner which, in the opinion
of the Chief Engineer of the DISTRIcr, may interfere or =nflict with any
structures, facilities, operation or uses which DISTRIcr has or interxis
to have upon said lan:is, without first suJ::mri.tt:in3' plans of such 0CCI1pal1Cy
or use to DISTRIcr' S Chief Engineer at least thirty days prior to the date
of such interrled 0CCI1pal1Cy or use an:i 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 =nflict with the
DISTRIcr's interests or the purpose of this agreement.
2. CITY, its su=essors an:i assigns shall assume full responsibility for the
operation an:i maintenance of an:i liability for the roadway facilities
(incl\.IdinJ all roadway culverts, pipes an:i those portions of the s:in3'le
span bridge structures, incl\.IdinJ approaches, sidewalks an:i other
awrrtenant works, located above the bottan plane of the bridge seats or
soffit of deck stnlctures, whichever is lCMest).
3. CITY acknc:Mledges DISTRIcr'S right to AREA OF CXM>Dl USE an:i the priority
of DISTRIcr'S right within AREA OF ~ USE. Except in emergencies,
CITY shall give reasonable notice to an:i obtain written approval fran the
DISTRIcr before perfonning any work on CITY facilities in said AREAS OF
~ USE, where such work will be perfonned within channel or levee
areas, if which said work will in any way alter or abstnlct the flCM of
or potential flCM of waters within said flocxl control an:i water
=nservation works.
Page 2 of 5
4.
CITY agrees to: (;)f\h
INDEMNIFICATION - '!he City agrees to irrlemnify, .lMiIiiI and hold harmless
the DISTRIcr anjjor the county and their agents, officers, volunteers and
enq:>loyees against any and all claims or actions arisin;J fran CITY's
negligent acts, errors or omissions in perfoDllin;;r services ~ to this
contract and for any costs or expenses incurred by the DISTRIcr anjjor the
County on account of any claim therefore.
INSURANCE - In order to ac:x:x:mplish the iIxiemnification herein provided for,
but without limitin;J the iIxiemnification, the CITY shall secure and
maintain throughout the term of the =ntract the followin;J types of
insurance issued by companies acceptable to the Risk Manager with limits
as shown:
Workers Ccm::lenSation - A program of Workers' Canpensation insurance
or a state-approved Self-Insurance Program in an am:JI.Il'\t and form to
meet all applicable requ:irements of the labor Code of the state of
California, including Errployer's Liability with $250,000 limits,
=verin;J all persons providin;J services on behalf of the city and
all risk to such persons urrler this 1\greement.
Ccm:lrehensive General and Autcxnobile Liabilitv Insurance - '!his
=verage to include =ntractual =verage and autcm:lbile liability
=verage for owned, hired and non-owned vehicles. '!he policy shall
have canbined sin;Jle limits for bodily injmy and property damage
of not less than one million dollars ($1,000,000).
Errors and Onissions Liabilitv Insurance - Canbined sin;Jle limits
of $1,000,000 for l:xJdily injmy cirrlproperty damage or
Professional Liabilitv - Professional liability with limits of at
least $1,000,000 per claim and in the aggregate.
ADDITIONAL NAMED INSURED - All policies, except for the Workers'
Canpensation =verage and Errors and Onissions or Professional Liability,
shall =ntain additional errlorseroonts J"lalllin3' DISTRIcr anjjor eounty
enq:>loyees, agents, volunteers and officers as additional named insured with
respect to liabilities arisin;J out of the performance of service hereurrler.
For Professional liability =verage the DISTRIcr and the County shall be
named as a designated person referencin;J this agreement's Contract No. on
the policy.
WAIVER OF SUBRCGATION RIGHTS - CITY shall require the carriers of the above
required =verages to waive all rights of subrogation against the
DISTRIcr'S and the eounty's officers, volunteers, enq:>loyees, contractors
and subcontractors.
Page 3 of 5
FOLICIES PRIMARY AND NON-(nN'rnUlJIORY - All policies required above are
to be primary am non-contributory with any :insurarx:le or self-:insurarx:le
programs carried or administered by DIsrnrcr an:'I/or the County.
PROOF OF <XlVERAGE - CITY shall inIoodiately furnish certificates of
:insurarx:le to the DIsrnrcr evidenci.n;J the :insurarx:le CDVerage above required
prior to the c::x::amnenceme of perfonnance of service hereIJnjer. 'lhese
certificates shall provide that such :insurarx:le shall not be tenninated or
expire without thirty (30) days written notice to the DIsrnrcr an:'I/or the
County. within sixty (60) days of the c::x::amnenceme of this J\greeIrent the
contractor shall furnish certified copies of the policies am en:lorsenents.
lllSURANCE REVIEW - 'lhe above :insurarx:le requi.rement.s are subject to periodic
review by the DIsrnrcr an:'I/or the County. 'lhe County's Risk Manager is
authorized, but not required, to reduce or waive any of the above :insurarx:le
requireIrents wherever the Risk Manager determines that any of the above
:insurarx:le is not available, is unreasonably priced, or is not needed to
protect the interests of the DIsrnrcr an:'I/or the County. In addition, if
the Risk Manager detennines that heretofore unreasonably priced or
unavailable type of :insurarx:le CDVerage or CDVerage limits becane reasonably
priced or available, the Risk Manager is authorized, but not required, to
change the above :insurarx:le requi.rement.s to require additional types of
:insurarx:le CDVerage or higher CDVerage limits, provided that any such change
is reasonable in light of past claw against the DIsrnrcr an:'I/or the
County, inflation, or any other item reasonably related to the County's
risk.
Nry such reduction or waiver for the entire term of the Agxeement am any
change requiring additional types of :insurarx:le CDVerage or higher CDVerage
limits must be made by aJlleI'rlment within thirty (30) days of receipt.
DIsrnrcr hereby acknc:Mledges that CITY is self insured as to varioos
:insurarx:le CDVerages. DIsrnrcr hereby waives the requirement for additional
named insureds, for evidence of =verage am for notice of cancellation.
See attached Exhibit "B" for :insurarx:le dc:onnentation.
5. DISI'RIcr shall Wemnity am hold harmless the CITY)their officers, agents,
vollmteers am enployees fran am against any anlall claw, demands, loss
or liability of any kind or nature which the CITY an:'I/or their officers,
agents, volunteers or enployees, may sustain or incur or which may be
i.nposed upon them, for property damage am injury to or death of any
persons caused by the DISI'RIcr'S negligent use of the AREA OF <XMDN USE.
.
6. DISI'RIcr has am reserves the right to use AREA OF <XMDN USE in any manner
not in conflict with CITY'S needs for the proposed p.1blic roadway
inprovement, without necessity for any further permit or permission fran
CITY. DISI'RIcr shall, except in emergencies, give reasonable notice to
CITY before perfonni.n;J any work which may affect CITY'S facilities in said
AREA OF <XMDN USE.
'llITS 1\GREEMENl' shall inure to the benefit of am be bintin:.J upon the
successors am assigns of both parties.
Page 4 of 5
AGREEMENT:
CONSTRUCTION OF BRIDGE AND OTHER IMPROVEMENTS"
DEVIL CREEK DIVERSION CHANNEL AND HALLMARK PARKWAY
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Approved as to form
and legal content:
James F. Penman
City Attorney
By
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
~
Chairman. Board of Supervisors
CITY OF SAN BERNARDINO,
a Municipal Corporation
(State if corporation, company, etc.)
By ~
(Au/nor/zed Signu/ure)
Dated
Dated
ATTESTED:
Title
Mayor
300 North "D" Street
San Bernardino. CA 92418
~
Secretary of the Flood Control District
Address
ReviewEtd 8S to Affirmative Action
I,: n,'
~~~
Reviewed for Processing
Approved as, to legal Form
~C~/
Date '5 - 2.-1 -C{?
Date
5-d.O - q~
~
Agency Administrator/CAO
Date
02-12459-697 Re~ 1191
Page ~_ Of.~
AGREEMENT:
City Res 92-226
CONSTRUCTION OF BRIDGE AND OTHER IMPROVEMENTS,
DEVIL CREEK DIVERSION CHANNEL AND HALLMARK PARKWAY
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Approved as to form
and legal content:
James F. Penman
City Attorney
By~~7. ~
(J
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
Dated
..
Chairman, Board of Supervisors
ATTESTED:
Clerk
..
Secretary of the Flood Control District
Address
92418
:cXi2:~
County Counsel
OBt. > - 2- ( -'[7
ReviewGd 85 to Affirmative Action
\ : n ~ '
...~~
Reviewed tor Processing
..
Agencv AdministratorlCAO
I Date
I OBt. fj-d-O - 'leA
02.12459.697 Ae... 1'91
Page
5
Of~
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I
C I T Y 0 F
San Bernardino
.0 F Fie E 0 F THE C I T Y ADM I N 1ST RAT 0 R
RISK MANAGEMENT DIVISION
June 3, 1992
File No: 15.02-1241
Mr. Mina Ghaly
Department of Transportation/Flood Control
COUNTY OF SAN BERNARDINO
825 East Third Street
San Bernardino, California 92415-0835
Re: Common Use Agreement - Bridge crossing Hallmark Parkway at
Devil Creek diversion channel
FCD, Zone 2 - File No. 2-307/2.09
San Bernardino, California
Dear Mr. Ghaly:
This letter is to inform you, that the city of San Bernardino is
Self-Insured for the first $500,000 for any workers' compensation
claim and maintains an Excess Workers' Compensation and Employers'
Liability policy.
The city is Self-Insured for the first $1,000,000 with excess
coverage through the Big Independent cities Excess Pool (BICEP),
per attached certificate.
The fOllowing paragraph is inserted as it relates to professional
Liability coverage:
"Insurance coverage afforded by this policy shall also
apply to the liability assumed by this Insured under this
Agreement with the County of San Bernardino Flood Control
District for box culvert maintenance, provided such
liability results from an error, omission or negligence
of insured, its officers, employees, agents or
subcontractors. All other provisions of this policy are
to remain unchanged.
, ,
-::. R ~J
.:..
9 2
" :: E ~
COOl
3 E " ~J ,4, R 0 I '" 0
7 1 4 I 3 8 4 . 5 3 0 8
PRIDE .f
~;;?RESS
;::. T '"'
J
If you hav
please contact me.
since~l;?L
or F. Lorch
ctor of Risk Management
VL/ld
Attachment
cc: Pamela Thompson, County of San Bernardino
Anne DeBolt, city of San Bernardino
Frank B. Hall & Co. of California Insurance Brokers
July 1, 1992
Northem Division
Post Office Box 193888
One Market Plaza
Spear Street Tower, Surte 2100
San Francisco. California 94119-3888
Insurance Verification Division
Department of Transportation/Flood
County of San Bernardino
825 East Third Street
San Bernardino, CA 92415-0835
Re: Certificate of Insurance
City of San Bernardino
Dear Sir or Madam:
We are pleased to enclose, on behalf of City of San Bernardino,
the Certificate of Insurance you requested evidencing coverage in force.
Please call me if you should have questions.
Sincerely,
~~~
Mi a Mitche 11
Vice President
Public Entity Division
Encl.
cc: Gordon Davis, BICEP
Victor Lorch, Director of Risk Management, City of San Bernardino
Telephone (415)543-9360' Telex 4937656' Facsimile (415) 543.5628
A DIVISion of Frank B. Hall Insurance Brokers, inc,
&J~C'J.J.ij)l~}jb CERTIFICATE OF COVERAGE I ISSUE DATE
7/D1I92
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMENO, EXTEND
Frank B. HaLL & Co. of California OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY BELOW:
One Market PLaza
Spear Street Tower, #2100 COMPANIES AFFORDING COVERAGE
San Francisco, CA 94105
COMPANY LETTER (A) BIG INDEPENDENT CITIES EXCESS POOL
Phone : (415) 543-9360
COMPANY LETTER (8)
INSURED COMPANY LETTER (C)
City of San Bernardino COMPANY LETTER (D)
300 North 0 Street COMPANY LETTER (E)
San Bernardino, CA 92418 COMPANY LETTER (f)
COVERAGES
THIS IS TO CERTIFY THAT THE MEMORANDUM OF COVERAGE OR POLICY(IES) LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED
ABOVE FOR THE POLICY OR MEMORANDUM PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGES
AFFORDED BY THE MEMORANDUM OR POLICY(IES) DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS
OF SUCH MEMORANDUM OR POLICY.
CO TYPE MEMORANDUM MEMORANDUM MEMORANDUM
LTR OF OR POll CY OR POll CY OR POLICY ALL LIMITS IN THOUSANDS
COVERAGES NUMBER EFFECTIVE EXPIRES
EXCESS LIABILITY Difference between
S 5.000.
A OCCURRENCE FORM BO-04 7/01/92 7/01/93 BI & PD
COMBINED and Self. Insured Retention of
INCLUDING AUTOMOBILE S 1.000.
LIABILITY
COVERAGE A Coverage A Difference between
EXCESS S
WORKERS' COMPENSATION and Self-Insured Retention of
S
AND Coverage 8 Difference between
S
COVERAGE B and Self-Insured Retention of
EMPLOYERS' lIABILITY S
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS. AS RESPECTS:
Common-use Agreement for access to flood-controL channels, identUied 8S Lease 2-307/2.09, th i s Cert i t; cate is is-
sued only as proof of coverage in effect for the Insured.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE-DESCRIBED COVERAGES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING AUTHORITIES WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NDTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, AUTHORITY, ITS AGENTS OR
REPRESENTATIVES.
Department of Transportation/Flood
County of San Bernardino
825 East Third Street
San Bernardi no
CA 92415-0835
AUTHORIZED REPRESENTATIVE
~'--nL.~
Insurance Verification Division
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"~L~ GINEER '
IEGISTERED CML ENGINEER NO. 230 /4
DRAWN BY:
CITY OF SAN BE-RNARDtNODRAWiillG"
DEPARTMENT OF PUBUC WORKS . NO.
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~Street..lmprovement Plans; , . '"
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CITY OF SAN BERNAR
DEPARTMENT OF PUBUC WOF
iStreet, Improvement Pia
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AEGIsTt"ED CIVIL ENGINEER NO. '2" tJ 14-
DRAWN BY:
n(VISlONS
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Gl1mo BY,
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MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
FC, Gen'l.
FC Zn. 2-300, Gen'l.
Hallmark Prkwy.
Inc. cities: S.B.
Agree. 92-765
FROM:
August 3, 1992
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KEN A. MILIER, Director
Transportation;nood control
SUBJECT:
cnH:N USE 1lGREEMENT FUR USE OF DISIRICI' I S DE.VIL CREEK DIVERSICN
RIG!fi'-OF~Y rn '!HE SAN BERNARDINO AREA FIIE: 2-307
~CN: 1lct~ as the gov~ body of the Flood Control District,
awrove Canllcn Use Agl.El=.ent between the District am the City of San
Ben1ardi.no for construction am maintenance of bridge iJrprovernents on District
right-of-way.
IW::I<GIUJND: '!he City has been issued a pennit to construct bridge
iJrprovements for Hallmark Parkway on District right-of-way for Devil Creek
Diversion C1annel. nus agreement provides for the continued cpmition am
maintenance of am liability for the pennitted bridge iJrprovements.
RE'.ASCN FUR ~CN:
a':l....~ll.ent.
Board awroval is required to effect this
REVIEW BY OIHER DEPARIMENl'S: '!his J\greeInent was reviewed by Deputy Collnty
Counsel O1arles S. Scolastico on January 7, 1992, am by Risk Management
personnel on January 30, 1992.
FINANCIAL r:wrA: No financial iJrpact to the District will result fran this
agreement.
PRESENTER: Ken A. Miller
Action of the Board of Supervisors
cc: Flood Control w/agr.
.J).{;,-City of S.B. w/agr. c/o PC -
Auditor, w/agr.
Purchasing, Contr. Camp!.
Risk Management
Pm
File w/agr.
AG~~~ENT NO. 92-765
APPIY:>.~BC;~19! SUPERVISORS
.:t~:OJ'"S~.~ARDINO
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MOTIO~;1YB. .':.. AYE. ......SE.cp.JQiJ\~ABSENT MOTION
'., '1 1" 2 ., t rJ, 4 5
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EARLENE~fR:..'p~j'..CL.ERK..~' {)'!~ BOARD
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BY "':fr, '. ""<~-'">:,'t'--'~~;,,-~,,::""','~/ ,~
DATED: AUG~T::~!;~~2:u;-?,;:'
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ITEM ~0
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14-9507-o0C
Rev. 10/81
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FOR COUNTY USE ONt Y
[Eix N~~ - i --...Vun'j;;r Code --_.~ Dept.
~~8 ~:~~~:L LSC A
I' County Dcpartm~llt Dept. Orgn.
~.__Tra~~~Fl_ood Control Distric 092 092
I Flood Contrul District Contract Representative
I ~linn Ghaly 2597
~:;dTD;'i~;r org~~;tjon Aw- Objlflev Source
Commodity Code
Contract Number
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92-765
Contractor's License No.
Ph. bt.
Amount of Contract
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
Activity
-0-
GAC/PROJ/JOB Number
FY
f'A29119
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
I/O
Project Name
Devil Creek Diversion
I@- H~iTrn"rk.:.Par:.k_wa:;_ = I
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THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District,
hereinafter coiled the District, and
Name
__Ci tL()!_S-"n.J3ern".r:.dino
Address ---
hereinafter called.
CITY
__J9_~_.___~: p ~~_~;?~E-.?_~~___,______~_.____~_
(Per RES NO 92-226 adopted
7/6/92)
._.S'!I1__l3ernarcjil1.Cl.-,--C!\ _....92.I!..lL__.._ ---
Phone
Binh Dill'"
7111-38!j-5111
;;:ch,! f;11D.N-;-"~r ~~;:T,;!-S,.~CUli! yr-J';)-_.
15_.0L:.12111___. .....__mn
IT is HEREBY AGREW AS FOL.LOWS:
(Use space bdolN and add/lional bond -"hoefs. Set fora) sorviCA to tIe wndt:ird, amount to be paid, manner of payment, time for performance or completion,
determmation of satisfncrory performance and cause fOf termination, otller terms and conditions, and attach plans, specifications, and addenda, if any.)
THIS AGREDlENT, made and entered into this 3n:) day of ""'J''''+-
19....9..2, by and between the CITY OF SAN BERNARDINO, a municipal corporation of the
State of California, hereinafter referred to as "CITY", and the SAN BERNARDINO
COUNl'Y FLOOD CONrROL DISTRIcr, a bcx:ly corporate and politic of the state of
California, hereinafter referred to as "DISTRIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the DISTRIcr, the
construction, operation and maintenance of a single span bridge crossing along
Hallmark Parkway on DISTRIcr'S Devil Creek Diversion which construction,
operation and maintenance will necessitate CITY'S use of certain DISTRIcr owned
lands for road purposes; and
WHEREAS, CITY desires to construct, operate and maintain said new
reinforced con=ete bridge and appurtenances within DISTRIcr IANLS and within
adjoining CITY lands, which DISTRIcr lands are hereinafter referred to as "AREA
OF CU1MON USE", which AREA OF CU1MON USE is shown on attached plat map marked
"EXHIBIT "A"; and.
H\29D9
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WHEREAS, DISTRIcr desires to preserve, maintain, construct an::l operate
flood. control an::l water conservation works within an::l across said AREA OF CXMDN
USE;
NCM, 'IHEREFORE, IT IS UNDERS'IOOD AND MUlUALLY 1\GREED AS FO~:
1. DISTRIcr hereby consents to the construction, recanstruction, maintenance
an::l operation of a single span bridge crossing an::l appurtenances thereto,
at no expense to the District within the AREA OF CXMDN USE an::l to allow
CI'IY an::l the traveling public to occupy an::l use said AREA OF CXMDN USE
for street an::l highway purposes; provided, however, that no such use,
occupancy, construction, reconstruction or maintenance, shall be effected
by the CI'IY, its SllCC'essors or assigns, in any manner which, in the opinion
of the Olief Engineer of the DISTRIcr, may interfere or conflict with any
structures, facilities, operation or uses which DISTRIcr has or intends
to have upon said lands, without first subnitting plans of such occupancy
or use to DISTRIcr' S Olief Engineer at least thirty days prior to the date
of such intended occupancy or use an::l obtain his written approval
therefore, which approval shall not be withheld, if in the opinion of the
Olief Engineer, the proposal does not interfere or conflict with the
DISTRIcr'S interests or the purpose of this agreement.
2. CI'IY, its successors an::l assigns shall assume full responsibility for the
operation an::l maintenance of an::l liability for the roadway facilities
(including all roadway culverts, pipes an::l those portions of the single
span 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 acknowledges DISTRIcr'S right to AREA OF CXMDN USE an::l the priority
of DISTRIcr'S right within AREA OF CXMDN USE. Except in emergencies,
CI'IY shall give reasonable notice to an::l obtain written approval fran the
DISTRIcr before performing any work on CI'IY facilities in said AREAS OF
CXMDN USE, where such work will be perfonned. wi thin channel 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 an::l water
conservation works.
Page 2 of 5
"
WHEREAS, DISI'RICT desires to preserve, mintain, construct and operate
flcxxl control and water conservation works within and across said AREA OF <XMM:)N
USE;
NCW, THEREFORE, IT IS UNDERSTOOD AND MUlUALLY AGREED AS FOll.CWS:
1. DISI'RICT hereby consents to the construction, reconstruction, mintenance
and operation of a single span bridge crossing and appurtenances thereto,
at no expense to the District within the AREA OF <XMM:)N USE and to all=
CITY and the traveling public to occupy and use said AREA OF <XMM:)N USE
for street and highway pmposes; provided, h=ever, that no such use,
occupancy, construction, reconstruction or mintenance, shall be effected
by the CITY, its successors or assigns, in any mnner which, in the opinion
of the Chief Engineer of the DISI'RICT, my interfere or conflict with any
structures, facilities, operation or uses which DISI'RICT has or intends
to have upon said lands, without first submitting plans of such occupancy
or use to DISI'RICT'S Chief Engineer at least thirty days prior to the date
of such intended 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
DISI'RICT'S interests or the pmpose of this agreement.
2. CITY, its successors and assigns shall assume full responsibility for the
operation and mintenance of and liability for the roadway facilities
(including all roadway culverts, pipes and those portions of the single
span bridge structures, including approaches, sidewalks and other
appurtenant works, located above the bottom plane of the bridge seats or
soffit of deck structures, whichever is l=est).
3. CITY ackn=ledges DISI'RICT'S right to AREA OF <XMM:)N USE and the priority
of DISI'RICT'S right within AREA OF <XMM:)N USE. Except in emergencies,
CITY shall give reasonable notice to and obtain written approval from the
DISI'RICT before perfonning any work on crTY facilities in said AREAS OF
<XMM:)N USE, where such work will be perfmmed within channel or levee
areas, if which said work will in any way alter or obstruct the fl= of
or potential fl= of waters within said flcxxl control and water
conservation works.
Page 2 of 5
'.
4.
.;
I ):j fI13
INDEMNIFICATION - The City agrees to inderrmi~ arrl hold hannless
the DISI'RICT and/or the county arrl their agents, officers, volunteers arrl
employees against any arrl 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 DISI'RICT and/or the
county on a=unt of any claim therefore.
CITY agrees to:
INSURANCE - In order to accomplish the indemnification herein provided for,
but without limiting the indemnification, the CITY shall secure arrl
maintain throughout the term of the contract the following types of
insurance issued by companies 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 aIOC>unt arrl form to
meet all applicable requirements of the Laber Code of the state of
California, including Employer's Liability with $250,000 limits,
covering all persons providing services on behalf of the City arrl
all risk to such persons under this Agreement.
Comprehensive General and Automobile Liability Insurance - This
coverage to include contractual coverage and automobile liability
coverage for owned, hired and non-owned vehicles. The policy shall
have combined single limits for bodily injury arrl property damage
of not less than one million dollars ($1,000,000).
Errors and Omissions Liability Insurance - Combined single limits
of $1,000,000 for bodily injury and property damage or
Professional Liability - Professional liability with limits of at
least $1,000,000 per claim arx:l in the aggregate.
ADDITIONAL NAMED INSURED - All policies, except for the Workers '
Compensation coverage arx:l Errors and Omissions or Professional Liability,
shall contain additional endorsements naming DISTRICT and/or County
employees, agents, volunteers and officers as additional named insured with
respect to liabilities arising out of the performance of service hereunder.
For Professional liability coverage the DISI'RICT and the COunty shall be
named as a designated person referencing this agreement's COntract No. on
the policy.
WAIVER OF SUBRCX:;ATION RIGHTS - CITY shall require the carriers of the above
required coverages to waive all rights of subrogation against the
DISI'RICT'S and the County's officers, volunteers, employees, contractors
and subcontractors.
Page 3 of 5
FOLICIES PRIMARY AND NON--<XlNTRIBUI'ORY - All policies required above are
to be primary and non-contributory with any insurance or self-insurance
programs =ied or administered by DISTRIcr and/or the County.
PROOF OF CXJVERAGE - CITY shall immediately furnish certificates of
insurance to the DISTRIcr evidencing the insurance coverage above required
prior to the corrnnencement of perfonrance of service hereurrler. 'Ihese
certificates shall provide that such insurance shall not be tenninated or
expire without thirty (30) days written notice to the DISTRIcr and/or the
County. within sixty (60) days of the corrnnencement of this Agreerrent the
contractor shall furnish certified copies of the policies and endorsements.
INSURANCE REVIEW - '!:he above insurance requirements are subj ect to periodic
review by the DISTRIcr and/or the County. '!:he County's Risk Manager is
authorized, but not required, to reduce or waive any of the above insurance
requirements wherever the Risk Manager detennines 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 detennines that heretofore unreasonably priced or
unavailable type of insurance coverage or coverage lilnits become reasonably
priced or available, the Risk Manager is authorized, but not required, to
change the above insurance requirements to require additional types of
insurance coverage or higher coverage lilnits, 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.
Any such reduction or waiver for the entire tenn of the Agreement and any
change requiring additional types of insurance coverage or higher coverage
lilnits must be made by amendment within thirty (30) days of receipt.
DISTRIcr hereby acknowledges that CITY is self insured as to various
insurance coverages. DISTRIcr hereby waives the requirement for additional
named insureds, for evidence of coverage and for notice of cancellation.
See attached Exhibit "B" for insurance dOCLmlel1tation.
5. DISTRIcr shall indenmify and hold hannless the CITY) their officers, agents,
volunteers and errployees from and against any an all claims, demands, loss
or liability of any kind or nature which the CITY and/or their officers,
agents, volunteers or errployees, may sustain or incur or which may be
irrposed upon thein, for property damage and injury to or death of any
persons caused by the DISTRIcr'S negligent use of the ARPA OF a:MOClN USE.
6. DISTRIcr has and reserves the right to use ARPA OF o::M>DN USE in any manner
not in conflict with CITY'S needs for the proposed public roadway
:improvement, without necessity for any further pennit or pennission from
CITY. DISTRIcr shall, except in emergencies , give reasonable notice to
CITY before perfonning any work which may affect CITY'S facilities in said
ARPA OF a:MOClN USE.
'IHIS AGREEMENT shall inure to the benefit of and be binding upon the
successors and assigns of both parties.
Page 4 of 5
,"".GREEMENT:
City Res 92-226
CONSTRUCTION OF BRIDGE AND OTHER IMPROVEMENTS,
DEVIL CREEK DIVERSION CHANNEL AND HALLMARK PARKWAY
,
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Approved as to form
and legal content:
James F. Penman
City Attorney
By Jk~? ~7~
(/
SAN BERNA INO COUNTY FLOOD L.ulVTliOL DISTRICT
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Supervisors
c;J~Jl60
CITY OF SAN BERNARDINO,
a Municipal Corporation /
(~;ate if corporation/c;!!!!)~n~. etc.)
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?' ~. rAuflfOriz I"gnu/ re)
, . ,
'.Dated W R HOLCOMB /MAYOR 7 9/92
At;J:est:. .L r . /,~ /I //11
11'~/j1~~/;;fr{f;~'\lv~;~' City Clerk
Address San Bernardino,. CA 92418
By ~
Dated
AUG
3 1992
ATTE
~ .~
Secretary of the Flood Control District
-
Approved as to Legal Form
AeVjewt::m~jon
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Reviewed for Processing
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Cou y Counse
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Dl~,~~ ' DEPARTMENT OF PUBUC WOF
~RED CML ENQINEER NO. 2: ~ 0 /4
OIlAWNBY: iStreet, Improvement PIa
,CABL.ECREEK 'CtJL VER
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Dr ArM DATE fl[qot.IMEMOfDll'1: 1: ITJt: CAN'fON 8 ' ,eSSIN&-
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CITY OF
San Bernardino
.OFFICE OF THE CITY ADMINISTRATOR
RISK MANAGEMENT DIVISION
June 3, 1992
File No: 15.02-1241
Mr. Mina Ghaly
Department of Transportation/Flood Control
COUNTY OF SAN BERNARDINO
825 East Third Street
San Bernardino, California 92415-0835
Re: Common Use Agreement - Bridge crossing Hallmark Parkway at
Devil Creek diversion channel
FCD, Zone 2 - File No. 2-307/2.09
San Bernardino, California
Dear Mr. Ghaly:
This letter is to inform you that the City of San Bernardino is
Self-Insured for the first $500,000 for any workers' compensation
claim and maintains an Excess Workers' Compensation and Employers'
Liability policy.
The City is Self-Insured for the first $1,000,000 with excess
coverage through the Big Independent cities Excess Pool (BICEP),
per attached certificate.
The following paragraph is inserted as it relates to professional
Liability coverage:
"Insurance coverage afforded by this policy shall also
apply to the liability assumed by this Insured under this
Agreement with the County of San Bernardino Flood Control
District for box culvert maintenance, provided such
liability results from an error, omission or negligence
of insured, its officers, employees, agents' or
subcontractors. All other ~rovisions of this policy are
to remain unchanged. : .
300 NORTH 0 STREET SAN BERNARDINO
CALIFORNIA 92418-0001 714/384-5308
PRIDE -t
~ESS
contact me.
or F. Lorch
ctor of Risk Management
VL/ld
Attachment
cc: Pamela Thompson, County of San Bernardino
Anne DeBolt, City of San Bernardino
,
Frank B. Hall & Co. of California Insurance Brokers
July 1, 1992
Northem Division
Post Office Box 193888
One Market Plaza
Spear Street Tower, Su~e 2100
San Francisco, California 94119-3888
Insurance Verification Division
Department of Transportation/Flood
County of San Bernardino
825 East Third Street
San Bernardino, CA 92415-0835
Re: Certificate of Insurance
City of San Bernardino
Dear Sir or Madam:
We are pleased to enclose, on behalf of City of San Bernardino,
the Certificate of Insurance you requested evidencing coverage in force.
Please call me if you should have questions.
Sincerely,
~~~
Mi a Mi tche 11
Vice President
Public Entity Division
Encl.
cc: Gordon Davis, BICEP
Victor Lorch, Director of Risk Management, City of San Bernardino
Telephone (4151543-9360 . Telex 4937656 . Facsimile (415) 543-5628
A Diviaton of Frank B. Hall Insurance Brokers, Inc.
~'t~~~7;iJ.\~ CERTIFICATE OF COVERAGE I ISSUE DATE
7/D1/92
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IHFORMATION ONLY AHD CONFERS HO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES HOT AMEHD, EXTEHD
Frank B. Hall & Co. of CaLifornia OR ALTER THE COVERAGE AFFORDED BY THE MEMORAHDUM OR POLICY BELOW:
One Market Plaza
Spear Street Tower I .2100 COMPAH I ES AFFORD I HG COVERAGE
San Francisco, CA 941D5
COMPANY LETTER (A) BIG IHDEPENDENT CITIES EXCESS POOL
Phone: (415) 543-9360
COMPANY LETTER (8)
INSURED CONPANY LETTER (C)
City of San Bernardino CONPANY LETTER (D)
300 Horth D Street CONPANY LETTER (E)
San Bernardino, CA 92418 COMPANY LETTER (F)
COVERAGES
THIS IS TO CERTIFY THAT THE MEMORANDUM OF COVERAGE OR POLICY(IES) LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED
ABOVE FOR THE POLICY OR MEMORAHDUM PERlOO INDICATED. NOTWITHSTANDIHG AHY REQUIREMENT, TERM OR CONDITION OF AHY
CONTRACT OR OTHER DOCUMEHT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIH, THE COVERAGES
AFFORDED BY THE MEMORANDUM OR POLICY(IES) DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CDHOITIONS
OF SUCH MEMORANDUM OR POLICY.
CO TYPE MEMORANDUM MEMORANDUM MEMORANDUM
LTR OF OR POll CY OR POLICY OR POLICY ALL LIMITS IN THOUSANDS
COVERAGES NUMBER E F FECTI VE EXPIRES
EXCESS LIABILITY Difference between
$ 5.000.
A OCCURRENCE FORM 80-04 7/01/92 7/01/93 BI & PO
CONBINED end SeLf-Insured Retention of
INCLUDING AUTOMOBILE $ 1. 000.
LIABILITY
COVERAGE A Coverage A Difference between
EXCESS $
WORKERS' COMPEHSATION and Self-Insured Retention of
$
AND Coverage B Difference between
$
COVERAGE B and Self-Insured Retention of
EMPLOYERS' LIABILITY $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS. AS RESPECTS:
Common-use Agreement for access to flood-control channels, identified es Lee.e 2-307/2.09, this Certificate fs is.
sued only 8S proof of coverage in effect for the Insured.
CERTIFICATE HOLDER
San Bernardino
,CA 92415-0835
CANCELLATION
SHOULD ANY OF THE ABOVE-DESCRIBED COVERAGES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING AUTHORITIES WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAKED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, AUTHORITY, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~ '-nL. ~
Department of Transportation/Flood
CCUlty of Son BernardIno
825 Ee.t Third Street
Insurance Verification Dtvision