HomeMy WebLinkAbout1992-227
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RESOLUTION NO. 92-227
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A BOX CULVERT AND
OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE CABLE CREEK CHANNEL RIGHT-OF-WAY.
AND INDUSTRIAL PARKWAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mavor of the City of
San Bernardino is
8 hereby authorized and directed to execute and accept on behalf of said City,
9 a Common Use Agr"eement with the San Bernardi no Count y Flood ContTo I
10 Dish"ict, a COPy of which is attached hpreto and incorporated by refenence
11 herein, itS fullv as though set forth in length, marked Exhibit "A", for the
12 construcUon of a hox culvert itnd appurtenances. mar'e par'ticular'lv desc[';hed
13 in said Common Use Agr'eement and concerning that certain rent pr'opertv in
14 the City of San Bernardino, County of San Bernardino, State of California,
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general Iv located across porti ons of the Cabl e Creek Channel right-of-wav at
Industrial Parkway. Said City consents to the ['ecordat ion thereof.
SECTION 2.
The authorization to execute the above-referenced
18 agreement is rescinded if the parties to the agreement fail to execute it
19 within one hundred twenty (120) days of the passage of this resolution,
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06/01/92 1
06/01/92
i\U'YPTA\'C:; A\'l) '7\l-]J.:Tli)1\ 1)F C:C,V'lO\ I.ST-~ ;\C,-'~J.:,F"q~\T: H')\ C!:l,\Fp"l~ AT' C.,;T-'lY CPl-J-:I.:
c'HANl\FL ~\I) rl\Il{j,,'!T~L\' PARJdi'\'
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I HEREBY CERTIFY that the fnrp.goill~: rpsnllli:ion wa~ dlllv i1,lnpted 1)1'
2 the Mayor and Common Counci I of tile eitv of SarI Bpr'oiu'dino at
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thp
6th
di'iV
of
held
.meeting
ther'pof
on
..__..__!:~~~n~!_~!:___ .
~1l}:Y __
_, 1992, by the following vote, to-wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA X
REILLY X
HERNANDEZ X
MAUDSLEY X
MINOR X
POPE-LUDLAM X
MILLER X
&i("'-(~"Jdt';/JyI6w?h{4,/~<<-t;
Rachel Krasr,e:v, Cl{Y Clerk /
The
foregoing resolution is hereby approved this
day
19 ot
. 1992.
)
A //7 7 /.-
~:2~ rrKv/ . ~- //'
Cjtv of Son Bernardino
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Appr'ovp-d as to form
and legal content:
Jnmes F. Pp.nmall,
City Attornpy
I _ /'
1~7v
. ,~~____1,-- Ir<t.....
2
E
M
FOR COUNTY USE ONL Y
Vendor Code i Dept.
SCI AI
Contract Number
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
Dept.
Trans FLOOD CONTROL DISTRICT 092
Flood Control District Contract Representative
Mina
Fund
Orgn.
092
Ph. Ext.
Contractor's License No.
Amount of Contract
387-2597
Obj/Rev Source
-0-
Activity GAC/PROJ/JOB Number
FA29118
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount
liD
RFF
FY
Project Name
Cable Creek Channel
@ Industrial Park-
wa
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
30n N "D" St
hereinafter called "CITY"
(Per RES NO 92-227 adopted
7/6/921
r.TTY OF SAN BERNARDTNO
Address
S~n R~pn~rninn] r.A q?418
Phone Birth Date
1 5 ();> - 1 :>31.
Federal 10 No. or Social Secunty 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.)
'IHlS AGREEMENT, made am entered into this day of
19_, by am between the CITY OF SAN BERNARDm0, a 1llUI1i.cipal =rporation of the
state of California, hereinafter referred to as "CITY", am the SAN BERNARDlliO
CXlUNI'Y FlOOD mNI'ROL DISTRIcr, a body =rporate am politic of the state of
California, hereinafter referred to as "DISTRIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the District, ~tion and
maintenance of a box culvert crossing of Cable Creek 01annel at Irrlustrial Parkway,
which =nstruction, ~tion am maintenance will necessitate CITY'S use of certain
District owned lands for road purposes; am
WHEREAS, CITY desires to ~te am maintain said box culvert am
appurtenances within DISTRIcr IANffi am within adjoining CITY lands, which DISTRIcr
lands are hereinafter referred to as "AREA OF cx::t-MlN USE", which AREA OF a::M1JN
USE is shown on attached plat map marked "EXHIBTI A"; am
FA29118
;j 2 - 1 2.:t ~ ,._; 9 7 ,; '" '. . H' .
!.'.3ge~__
5
WHEREAS, DISI'RIcr desires to preserve, maintain, constnJct an:i operate flood
=ntrol an:i water =nservation works within an:i across said AREA OF ~ USE;
NCM, ~U1<E, IT IS UNDERSIOOD AND MlJIUALLY 1lGREED AS FOLIJ:MS:
1. DISI'RIcr hereby =nsents to the reconstruction, mai.ntenaooe an:i operation of
a box culvert an:i ~ thereto, at no expense to the District within
the AREA OF ~ USE an:i to allow CITY an:i the travelirq p.1blic to cxx:upy
an:i use said AREA OF cnH:lN USE for street an:i highway Pl11:pcsoo; provided,
ha.'eVer, that no such use, oocupancy, =nst:roction, reconstructicn or
maintenance, shall be effected by the CITY, its S11~c:nrs or assigns, in any
manner which, in the opinion of the Chief Erl;Jineer of the DIS'llUcr,may
interfere or =nflict with any structures, facilities, operation or uses which
DISl'RIcr has or intends to have upon said lams,without first su1:mi.ttirq plans
of such ex:cupancy or use to DIS'llUcr'S Chief Erl;Jineer at least thirty days
prior to the date of such inteOOed <JCCIIpal1CY or use an:i obtain his written
approval therefore, which approval shall not be unreasonably withheld, if in
the opinion of the Chief Erl;Jineer, the proposal does not interfere or OC81flict
with the DISI'RIcr'S interests or the purpose of this agreement.
2. CITY, its successors an:i assigns shall assume full responsibility for the
operation an:i maintenance of an:i liability for the roadway facilities
(including all roadway culverts, pipes, box culvert, including approaches,
sidewalks an:i other appurtenant works), from the soffit of the box culvert up.
3. CITY ac:kr1owledges DISl'RIcr'S right to AREA OF cnH:lN USE an:i the priority of
DISl'RIcr'S right within AREA OF cnH:lN USE. Except in emergerx::ies, CITY
shall give reasonable notice to an:i obtain written approval from the DIS'llUcr
before perfoming any work on CITY facilities in said AREA OF CXMt:N USE,
where such work will be performed within channel or levee areas, if which
said work will in any way alter or abstJ:uct the flow of or potential flow of
waters within said flood =ntrol an:i water =nservation works.
4.
CITY agrees to: aM
INDE101NIFICATION - '!he City agrees to in:lemni.fy, tIiii ani hold hannless the
DIS'ffiIcr an:1jor the =ty ani their agents, officers, volnnteers ani
enployees against any ani all claims or actions arisin1 fran CITY's negligent
acts, errors or omissions in perfo:rmin;J services prrsuant to this UJljL...ctCt
ani for any costs or expenses in:m:red by the DIS'ffiIcr an:1jor the County on
acc:a.mt of any claim therefore.
INSURANCE - In order to aca:nplish the in:lemni.fication herein provided for,
but without limitin1 the in:lemni.fication, the CITY shall secure ani maintain
throughout the tenn of the contract the followin1 types of insurance issued
by campanies acceptable to the Risk Manager with limits as shown:
Workers Cornoensation - A program of Workers' Cc:1Ip3nSation insurance or
a state-approved Self-Insurance Program in an am:;unt ani fOl:m to meet
all applicable requirements of the labor Code of the state of
California, incl\.ldin:J Enployer's Liability with $250,000 limits,
CDVerin1 all persons providin1 services on behalf of the city ani all
risk to such persons umer this AgreeIOOrIt.
Comorehensive General ani Autorrobile Liabilitv Insurance - '!his =verage
to include contractual =verage ani autcBrd:Jile liability =verage for
owned, hired ani non-cMI1ed vehicles. '!he policy shall have canbined
sin1le limits for J:xx:lily injUIY ani property damage of not less than
one million dollars ($1,000,000).
Errors ani anissions Liabilitv Insurance - Canbined sin1le limits of
$1,000,000 for J:xx:lily injUIY ani property damage or
Professional Liabilitv - Professional liability with limits of at least
$1,000,000 per claim ani in the aggregate.
AOOTI'IONAL NAMED INSURED - All policies, except for the Workers' Cc:1Ip3nSation
=verage ani Errors ani anissions or Professional Liability, shall contain
additional errlorsements naming DIS'rnIcr an:1jor County enployees, agents,
volnnteers ani officers as additional named insured with respect to
liabilities arisin1 out of the perfonnanoe of service hereumer. For
Professional Liability CDVerage the DISTRIcr ani the County shall be named
as a designated person referencin1 this agreement's Contract No. on the
policy .
WAIVER OF SUBR03ATION RIGHTS - CITY shall require the carriers of the above
required CDVerages to waive all rights of subrogation against the DIS'ffiIcr'S
ani the County's officers, volunteers, enployees, contractors ani
subcontractors .
roLICIES PRIMARY AND NON-a:lNI'RIBJroRY - All policies required above are to
be primary arrl non-oontributo:ry with a:rry insurance or self-insurance P:r'-"::j.LdlllS
carried or administered by DISI'RIcr an:ljor the County.
PROOF OF <XJVERAGE - CITY shall inmediately furnish certificates of insurance
to the DISI'RIcr evidencin:J the insurance coverage above required prior to
the ccmrnencement of perfonnance of se:rvice hereurrler. 'lhese certificates
shall provide that such insurance shall not be terminated or expire without
thirty (30) clays written notice to the DISI'RIcr an:ljor the County. within
sixty (60) clays of the ccmrnencement of this Agreerrent the CXlIltractor shall
furnish certified =pies of the policies arrl endorsements.
INSURANCE REVIEW - '!he above insurance requirements are subject to periodic
review by the DISI'RIcr an:ljor the County. '!he County's Risk Manager is
authorized, J::ut not required, to reduce or waive a:rry of the above insurance
requirements wherever the Risk Manager deteDnines that a:rry of the above
insurance is not available, is unreasonably priced, or is not needed to
protect the interests of the DISI'RIcr an:ljor the County. In addition, if the
Risk Manager deteDnines that heretofore unreasonably priced or unavailable
type of insurance coverage or coverage limits beccIne reasonably priced or
available, the Risk Manager is authorized, J::ut not required, to chan;Je the
above insurance requirements to require additional types of insurance coverage
or higher coverage limits, provided that a:rry such change is reasonable in
light of past cla:ill1s against the DISI'RIcr an:ljor the County, inflation, or a:rry
other item reasonably related to the County's risk.
Arrj such reduction or waiver for the entire tenn of the Agreerrent arrl a:rry
change requirin:J additional types of insurance coverage or higher coverage
limits 1TIUSt be made by rorerrlment within thirty (30) clays of receipt.
DISI'RIcr hereby acknc::Mledges that CITY is self insured as to various insurance
coverages. DISI'RIcr hereby waives the requirement for additional nam:d
insureds, for evidence of coverage arrl for notice of cancellation.
See attached Exhibit "B" for insurance dcx::unentation.
5. DISI'RIcr shall i.rrlemnify arrl hold hannless the CITY their officers, agents,
volunteers arrl employees from arrl against a:rry arrl all cla:ill1s, demands, loss
or liability of a:rry kin::l. or nature which the CITY an:ljor their officers,
agents, volunteers or employees, may sustain or incur or which may be ~
upon them, for property damage arrl inju:ry to or death of a:rry persons caused
by the DISI'RIcr's negligent use of the AREA OF roMJN USE.
AGREEMENT:
City Res 92-227
CONSTRUCTION OF IMPROVEMENTS ACROSS PORTIONS OF
CABLE CREEK CHANNEL AND INDUSTRIAL PARKWAY.
6. DISrnICT has am reserves the right to use AREA OF a:I>M:N USE in any marmer
not in =nflict with CITY'S needs for the proposed public roadway :iJrprovement,
withoot necessity for any further pennit or pennissiOl1 fran CITY. DISrnICT
shall, except in emergencies, give reasonable notice to CITY before perfonning
any 'NOrk which may affect CITY'S facilities in said AREA OF a:I>M:N USE.
'lHIS AGREEMENI' shall inure to the benefit of am be b:in:iin:J upon the
S110ce5SOrs am assigns of both parties.
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Approved as to form
and legal content:
James F. Penman
City Attorney
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
~J. Ib~
~
Chairman, Board of Supervisors
By
Dated
Dated W R HOLCOMB MA OR 7 9 92
Att.,st: Ie
lio,'';; f,~~;%i~ ~:;j~:~t~ City Clerk
Add~_ S~n R~rn~rdinn. ~A 97418
ATTESTED:
~
Secretary of the Flood Control District
Date
?~ u-??...
ReOda' to ~mative A~tion
~,~ UI..-J
1i""~/q. q{}
Reviewed for Processing
APproved)'!,o 0 L Leegg:all; Form
~(~)
""e'.' C:;LJr,S3:
~
~,;.:::-.c., ,-,~~ ~'.:::::::;:;rC,\,')
Date
Date
02.12459.697 Rev_ 1191
Page
5
of
5
CITY OF
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: 15.02-1237
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 - Box Culvert crossing Industrial Way at
Cable Creek
FCD, Zone 2 - File No. 2-309/2.09
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.
CALIFORNIA
92418
0001
_Er:lNARDINO
7 1 4 f 3 8 4 . 5 3 0 8
PRIDE ~
~RESS
r S T R
!: !: T
If you h~any questions, please contact me.
/
/'
reI ,
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
Northern Division
Post Office Box 193888
One Market Plaza
Spear Street Tower, Sune 2100
San FranCISCO, Califomia 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,
~ ~WLe
Mia Mitchell
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
- . - ,. - ,
'" UIVI::iIUJI UI ild.11\ D. ndlllll::iUIdlll...t:i DIUM::;I::>, ".L..
CERTIFICATE OF COVERAGE
ISSUE DATE
7/01/92
Frank B. Hall & Co. of California
One Market Plaza
Spear Street Tower, .2100
San Francisco, CA 94105
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON TNE CERTIFICATE NOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY BELOW:
PRODUCER
COMPANIES AFFORDING COVERAGE
COMPANY LETTER
(A) BIG INDEPENDENT CITIES EXCESS POOL
Phone: (415) 543-9360
COMPANY LETTER (B)
San Bernardino, CA 92418,
COVERAGES
COMPANY LETTER
(C)
(D)
(E)
(f)
INSURED
COMPANY LETTER
City of San Bernardino
COMPANY LETTER
300 North 0 Street
COMPANY LETTER
THIS IS TO CERTIFY THAT THE MEMORANDUM OF COVERAGE OR POLICYlIES) LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED
ABOVE FOR THE POLICY OR MEMORANDUM PERIOD INDICATED. NOTIIITHSTANDING ANY RElIUlREMENT, TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT IIITH RESPECT TO IIHICH 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 MEMORAIIDUM MEMORANDUM
LTR OF OR POll CY OR POll CY OR POLICY ALL LIMITS IN THOUSANDS
COVERAGES NUMBER EFFECTIVE EXPIRES
EXCESS LI AB I LI TY Difference between
S 5.000.
A OCCURRENCE FORM BO-04 7/01/92 7/01/93 BI & PO
COMBINED and Self-Insured Retention of
INCLUDING AUTOMOBILE S 1.000.
LIABILITY
COVERAGE A Coverage A Difference between
EXCESS S
\IORKERS' COMPENSATION and Self. Insured Retention of
S
AND Coverage B 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 tor access to flood-control channels, identified as Lease 2-309/2.09, this Certificate is is.
sued only 8S 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 IIILL ENDEAVOR TO
MAIL 30 DAYS \/RITTEN NOTICE 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
AUTHORIZED REPRESENTATIVE
'-7)LfJL '---nL. ~
San Bernardino
, CA 92415-0835
Insurance Verification Division
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MINUTES OF THE BOARD OF SUPERVISORS.
OF SAN BERNARDINO COUNTY. CALIFORNIA
FC, Gen'l.
FC AN 2-300
Agree. No. 92-804
August 17, 1992
~( Ii~ -1
f~ J: 'i)
/ I
/ r
jf}/J '
FROM:
KEN A. MILlER, Director
TransportationjF100d control
SUBJECT:
CGHlN USE l\GREEMENI' FOR USE OF DISTRIcr'S CABlE CREEK RIGHI'-
OF-wAY IN '!HE Sl\N BERNARDINO AREA FIIE: 2-309
~oo: 1lct~ as the gov~ body of the Flood Control District,
awrove 0:I1m:lIl Use ~L=.ment between the District an:i the city of San
Bernardino for =nstruction an:i maintenance of road ilrprovements on District
right-of-way.
BACKGIUlND: '!he City has been issued a permit to =nstruct road ilrprovements
for Irrlustrial Parkway on District right-of-way for Cable Creek 01annel. '!his
agreement provides for the continued operation an:i maintenance of an:i
liability for the permitted road ilrprovements.
RE:I\SCN FOR ~OO:
agreement.
REVIEW BY OIHER DEPARIMEN'IS: '!his Agreement was reviewed by Dep.rt:y County
Counsel Charles S. Scolastico on January 7, 1992, an:i by Risk Management
personnel on February 12, 1992, an:i Second SUpervisorial District staff on
August 3, 1992.
Board approval is required to effect this
FINANCIAL morA: No financial illpact to the District will result fran this
aYL=lllent.
PRESENTER: Ken A. Miller
cc:
Flood Control w/agr.
City of San Bernardino err- :n
c/o FC
Auditor
Purchasing, Contr. Compl.
Risk Management
pw;
File w/agr.
Action of the Board of Supervisors
AG~E~MENT NO. 92-804
""<\l"
API'ROVED<.B()MID OF SUPERVISORS
/ ,eOtJNrYO'l':~ERNARDINO
MOfi,ON ABS~NT' ,AY~ \} 'SiND AYE MOTION
11 co', " 1 2. I! .' 4 5
E~,""NE ',~'.~.,~~,'P, ,',~.,j,::CL'..'~'E. i ';', , ~ BOARD
It_. -.,:..' '.. ,,';'-' :, ,-::' ,'. .",. ....~ ."...
BY l,~~'-"""" '."'~',..<:'",' 0
'-..:' ',-,.' .J-:- '"' " i
DATED ;\:~UGUSf, J,7; 1991
'\\"'" - .'.'-
"""..s;o..:1
ITEM :1')
g
14.9507.00C
Rev. 10/81
.,'
"
. " ~
"
E i Xr'Jew
M HI Change
X : Cancel
, County Department
ITrans FLOOD CONTROL DISTRICT
I Flood Control DistrIct Contract Representative
! ;'Ilina Ghal
I Fund Dept. I
'RFF 0 2 0
Commodity Code
FOR COUNTY USE CNL Y
Vendor Code ! Dept. I
I
iAi
Contract Number
SCI
9).1'0</
wept
092
Orgn.
092
Ph. Ext.
Contractor's License No.
Amount of Contract
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
387-2597
Obj/Rev Source
-0-
GRC/PROJ/JOB Number
I FA29118
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
FY
110
Project Name
Cable Creek Channel
@ Industrial Park-
wa
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
30n N "0" St
hereinafter called "CITY"
(Per RES NO 92-227 adopted
7/6/92)
CTTY OF SAN BERNARDTNO
Address
~~n Rppn~rninn, rA q?418
Phone 8irtn Date
15 O? - 1/ 37
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 adden.da, if any.)
'llIIS AGREEMENT, made and entered into this 17th day of 1\1lgll,<t
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
COUNI'Y FIDOD CONI'ROL DISTRIcr, a body corporate and politic of the state of
California, hereinafter referred to as "DISTRIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the District, operation and
maintenance of a box culvert crossing of Cable Creek C1Jannel at Irrlustrial Parkway,
which construction, operation and maintenance will necessitate CITY'S use of certain
District owned lands for road purposes; and
WHEREAS, CITY desires to operate and maintain said box culvert and
appurtenances within DISTRIcr IANCG and within adjoining CITY lands, which DISTRIcr
lands are hereinafter refe=ed to as "AREA OF cx:M1)N USE", which AREA OF cx:M1)N
USE is shown on attached plat map narked "EXHIBIT A"; and
FA29llB
02-' 24~;,1- 397 ::;ev. ~o' 1
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WHERFAS, DISl'RIcr desires to presave, maintain, =nstru.ct am operate flood
=ntrol am water =nservation works within am across said ARE/\. OF w.lMJN USE;
MOO, 'lliEREFORE, IT IS UNDERSTOOD AND MUlUALLY AGREED AS FOr..r.cw.>:
1. DISl'RIcr hereby =nsents to the rec:onstru.ction, maintenance am operation of
a box culvert and appurtenances thereto, at no expense to the District within
the ARE/\. OF <n1MJN USE am to allow CITY and the travelin::J public to occupy
am use said ARE/\. OF CXM>KlN USE for street am highway plllpClSe5; provided,
however, that no such use, occupancy, =nstru.ction, rec:onstru.ction or
maintenance, shall be effected by the CITY, its successors or assigns, in any
manner which, in the opinion of the Chief Enqineer of the DISl'RIcr,may
interfere or =nflict with any stJ:uctures, facilities, operation or uses which
DISl'RIcr has or intends to have upon said lands,without first submittin::J plans
of such occupancy or use to DISl'RIcr'S Chief Enqineer at least thirty days
prior to the date of such intended occupancy or use am obtain his written
approval therefore, which approval shall not be unreasonably withheld, if in
the opinion of the Chief Enqineer, the proposal does not interfere or =mlict
with the DISTRIcr'S interests or the purpose of this agreement.
2. CITY, its successors am assigns shall assmne full responsibility for the
operation am maintenance of am liability for the roadway facilities
(including all roadway culverts, pipes, box culvert, including approaches,
sidewalks am other appurtenant works), from the soffit of the box culvert up.
3. CITY acknowledges DISl'RIcr'S right to ARE/\. OF w.lMJN USE am the priority of
DISl'RIcr'S right within ARE/\. OF CXM>KlN USE. Except in emergencies, CITY
shall give reasonable notice to am obtain written approval frem the DISl'RIcr
before perfo~ any work on CITY facilities in said ARE/\. OF CLMK)N USE,
where such work will be performed within 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 =ntrol am water =nservation works.
4.
CITY agrees to: ()f)~
INDEMNIFICATION - 'lhe City agrees to :in:l.emnify, tiIiit ani hold harmless the
DISTRIcr an:l/or the county ani their agents, officers, volunteers am
employees against any ani all claims or actions arising fram CITY's negligent
acts, =rs or omissions in performing services pursuant to this contract
ani for any costs or e>q:Jen.SeS incurred by the DISTRIcr an:l/or the Coonty on
ac=unt of any claim therefore.
INSURANCE - In order to accamplish the :in:l.emnification herein provided for,
but without limiting the :in:l.emnification, the CITY shall secure ani maintain
throughout the teJ::m of the contract the following types of insurance issued
by companies acceptable to the Risk Manager with limits as shown:
Workers Can1Pensation - A program of Workers I ~tion insurance or
a state-approved Self-Insurance Program in an amount ani fonn to meet
all applicable requirements of the L3b0r Code of the state of
California, including Employer'S Liability with $250,000 limits,
covering all persons providing services on behalf of the city am all
risk to such persons under this Agreement.
Comprehensive General ani Automobile Liabilitv Insurance - 'lhis coverage
to include contractual coverage ani automobile liability coverage for
owned, hired ani non-ownecl vehicles. 'lhe policy shall have ccmbined
single limits for bodily injw:y ani property damage of not less than
one million dollars ($1,000,000).
Errors and Omissions Liabilitv Insurance - Combined single limits of
$1,000,000 for bodily injw:y 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' a:mpensation
coverage and Errors ani Omissions or Professional Liability, shall contain
additional endorsements naming DISTRIcr an:l/or County employees, agents,
volunteers ani officers as additional named insured with respect to
liabilities arising out of the perfOrIl'aIlce of service hereunder. For
Professional Liability coverage the DISTRIcr ani the County shall be named
as a designated person referencing this agreement's Contract No. on the
policy .
WAIVER OF SUBROGATION RIGHI'S - 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 am
subcontractors .
roLICIES PRIMARY AND NON-oJNI'RIIUI'ORY - All policies required alxwe are to
be pr:i1nary arrl non-contributory with any insurance or self-insurance programs
carried or administered by DISI'RICT arrljor the County.
PROOF OF mVERAGE - CITY shall llnmediately fun1ish certificates of insurance
to the DISI'RICT evidencing the insurance coverage alxwe required prior to
the CClllIIreI1CelOt of perfo:mance of service here1.ll'rler. 'lhese certificates
shall provide that such insurance shall not be teminated or expire without
thirty (30) days written notice to the DISI'RICT arrljor the County. within
sixty (60) days of the cxxnrrenceIlel1 of this Agreem2nt the contractor shall
furnish certified copies of the policies arrl endorsements.
lliSURANCE REVIEW - '!he alxwe insurance requirements are subject to periodic
review by the DISI'RICT arrljor the County.. '!he County's Risk Manager is
authorized, but not required, to reduce or waive any of the alxwe insurance
requirements wherever the Risk Manager determines that any of the alxwe
insurance is not available, is unreasonably priced, or is not needed to
protect the interests of the DISI'RICT arrljor the County. In addition, if the
Risk Manager determines that heretofore unreasonably priced or unavailable
type of insurance coverage or coverage lllnits become reasonably priced or
available, the Risk Manager is authorized, but not required, to change the
alxwe insurance requirements to require additional types of insurance coverage
or higher coverage lllnits, provided that any such change is reasonable in
light of past claims against the DISI'RICT arrljor the County, inflation, or any
other item reasonably related to the County's risk.
lIDy such reduction or waiver for the entire term of the AgreenYant arrl any
change requiring additional types of insurance coverage or higher coverage
lllnits must be mde by amendment within thirty (30) days of receipt.
DISI'RICT hereby acknowledges that CITY is self insured as to various insurance
coverages. DISI'RICT hereby waives the requirement for additional named
insureds, for evidence of coverage arrl for notice of cancellation.
See attached Exhibit "B" for insurance documentation.
5. DISI'RICT shall indemnify arrl hold harmless the CITY their officers, agents,
volunteers arrl employees from arrl against any arrl all claims, demnds, loss
or liability of any kind or nature which the CITY arrljor their officers,
agents, volunteers or employees, my sustain or incur or which my be iIrposed
upon them, for property damge arrl injury to or death of any persons caused
by the DISI'RICT's negligent use of the AREA OF a:t>M)N USE.
".
.
. .'
AGREEMENT:
City Res 92-227
CONSTRUCTION OF IMPROVEMENTS ACROSS PORTIONS OF
CABLE CREEK CHANNEL AND INDUSTRIAL PARKWAY.
G. DISTRICT has arrl reserves the right to use AREA OF a::l1MJN USE in any manner
not in =nflict with CITY'S needs for the proposed public roadway improvement,
without necessity for any further pennit or pennission from CITY. DISTRICT
shall, except in energencies, give reasonable notice to CITY before performing
any work which may affect CITY'S facilities in said AREA OF a:t1MJN USE.
'lliIS AGREEMENl' shall inure to the benefit of arrl be binding upon the
suCC€'ssors arrl assigns of both parties.
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S!GN'tn ...I;~';C ."JlT!<ll:. Q./ iK..7\f..J.... ~~y OF T"'3
onr" 0> ''i:;'~.;B<,;.1~.....'ER~'''iI HE G'," '1.
l/ ...~:.Rf1o^~I.-~." .~~Ll,,\,""\ I Ill,.,
r"I';,. J/,~JI~.t1~i::A;:;.-.~./:__. "1\ '":;.J~,
n (hR/!. ~f ~f'. ,.l!.P:.jl,'t;:),~ ! .'1\ "" t\
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By ;".. ,,~.: ',;' ,': 't. -',: ,(:/ ,.."
Approved as to form
and legal content:
James F. Penman
City Attorney
"~', .
. :".>:'1l~li!i!y<-"" \'
-"-_.,,,"'~- ,'., i\.' ~
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By (1,~ J ~-n-~
(}
. <:J IJERNARDINO COUNTY FLOOD CONTROL DISTRICT
~ O!jv:..i:,., ~~
::',"ITman. Board of SlJpervisorSH:;:'. I . .
AUG 1? 1992"
CITY OF SAN BERNARDINO,
a Municipal Corporation
(State if corporati
/---/
By.,..,/
City Clerk
.J.Hed.
S,.cretary of the Flood Contr
Dated
Attest:
,Kae/'( t/WAC ,J
300 N rth"D Stre
Address San Bernardino, CA
"TiESTED ~ 11
f:XVJ!.b~
~
":'..'c;ovea as to legal Form
Reviewe as to Affirmative Action
~.(Fr.//~;:;~'
,~;;unsel
"',w ')" 1. I -cr~
.
Reviewed for Processing
Date !7 - (q - If d-
~
Agency Adminlstrator:CAO
Date
~: ~:,: 5 9 - € 9 7 PI'Y _ 1 '9 1
Page
5
of
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CITY OF
San Bernardino
.0 F FIe E 0 F THE C I T V ADM I N 1ST RAT 0 R
RISK MANAGEMENT DIVISION
June 3, 1992
File No: 15.02-1237
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 - Box Culvert crossing Industrial Way at
Cable Creek
FCD, Zone 2 - File No. 2-309/2.09
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.
300 NORTH D STREET SAN BERNARDINO
CALIFORNIA 924180001 714/384-5308
PRIDE 4
9ESS
please contact me.
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
Northern Division
Post Office Box 193888
One Market Plaza
Spear Street Tower, Suite 2100
San Francisco, Calrrornia 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,
~~~
Mia Mitchell
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.
.
CERTIFICATE OF COVERAGE
ISsue DATE
7/01192
PROOUCER
Frank B. HalL & Co. of California
One Market Plaza
Spear Street Tower. *2100
San Francisco, CA 94105
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY BELOW:
COMPANIES AFFORDING COVERAGE
COMPANY LETTER
(A) BIG INDEPENDENT CITIES EXCESS POOL
Phone: (415) 543-9360
COMPANY LETTER (B)
INSURED
City of San Bernardino
COMPANY LETTER
COMPANY LETTER
COMPANY LETTER
(C)
(D)
(E)
(F)
300 North 0 Street
San Bernardino, CA 92418,
COMPANY LETTER
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 MEMORANDUM PERlOO 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 POLICY OR POLICY OR POll CY ALL LIMITS IN THOUSANDS
COVERAGES NUMBER EFFECTIVE EXPIRES
EXCESS LIABILITY Difference between
S 5.000.
A OCCURRENCE FORM BO-04 7/01/92 7/01193 BI & PO
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 B 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, Identified as Leese 2-309/2.09, this Certificate Is is-
sued only 8S proof of coverage in effect for the Insured.
CERTIFICATE HOLDER
Deportment of Transportation/Flood
County of San Bernardino
825 East Third Street
CANCELLATION
SHOULD ANY OF THE ABOVE-OESCRIBED COVERAGES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING AUTHORITIES WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE HO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, AUTHORITY, ITS AGENTS OR
REPRESENTAYlVES.
San Bernardino
, CA 92415-0835
AUTHORIZED REPRESENTATIVE
Insurance Verificatton DIvision
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