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Home My WebLink About1992-228 , 1 RESOLUT ION NO. n:::;!28 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THf: ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO 3 COUNTY FLOOD CONTROL DISTRICT FOR THE WIDENING OF PEPPER AVENUE AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE EAST RIALTO STORM DRAIN RIGHT-OF-WAY, 4 AND CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSf:CTION OF RIALTO AVENUE AND PEPPER AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THf: CITY OF SAN 6 BERNARDINO AS FOLLOWS: 7 That the Mavor of the City of San Bernardino is SECTION 1. 8 hereby authorized and dire~ted to exe~ute and a~cept on behalf of said Citv, 9 a Common Use Agreement with the San Bernardino County Flood Control 10 District, a copy of whi~h is attached hereto and irworporaled bv r"eferen~e 11 herein. as fully as though set forth in I engtll, marked Exhi bit "A", for" the 12 widening of Pepper Avenue, including curbs, gutters, landscaping and appurt- 13 enances, more particularly described in said Common Use Agreement and 14 concerning that certain real proper"ty in the City of San Ber"nard ino, County 15 of San Bernardino, State of California, generally located across portions of 16 the East Rialto Storm Drain right-of-way at the intersection of Rialto 17 Avenue and Pepper Avenue. Said City consents to the re~ordation thereof. 18 SECTION ~. The authorization to execute the above-referencerl 19 agreement is rescinded if the parties to the agreement fai] to execute it 20 within one hundred twenty (120) days of the passage of this resolution. 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 06/01/92 1 06/01/92 C/ 2 -- , '\CCTCP'T";\\Tl.::. ,'\,\Ti-:, F:XFTLTf()\ nv 1"":'0"1:"1('\ l".'':':~:V,PFr.:\;F\'T: F/\ST i;f\.',Tl) .~""~f-,Rv 1:'f~J\r\ i".r l'ifF: I \in h'SF:\ nll\ U~' Pll\l.T\1 \\JE'\lil: MD l'F1'[,El ,WFNI:Jo: 1 I HEREBY CEHTIFr thi'll the rf)n-'~oiJlf2: r'f~soJlItion Wd~ dul\. '-:H.Jlp"1(~d hv 2 the ~Iflyor dnd Common Cnuncl] of ttrl:-' Cit.\i of Sail Mp.r'ndl~('lino ilt c'i 06(01(92 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 J'e9:-ul"",_ _ __ _ _ .meet ing- the"eof lIP 101 the ddV of on _6th ___;J!lly " 1992, by the (ollowing vote, to-wit: COUNCIL MEMBERS: ESTRADA REILLY HERNANDEZ MAUnSl.EY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN ABSE,\il' x x x x x x x I~'/, /)ij?J/u40/'!ii/,:[ tJif".,/4",-; Rache 1 KrasllPY ( City C I e'rk The foregoing resolution is herebv approved this dav 19 of -)1 20 21 22 23 24 Appr'oved as to form and legal cont"nt: 25 26 27 28 ,James F. Penmiln. Citv Attorn"v B},~L kHh~ 1992. //~ ,/' ,/7 // ~- ff-(/~, ,./ 7.'_:/i-~/- w. R. ~{{~~ b, ~a,vo Citv or Sa Bernilrdino 2 AGREEMENT: EAST RIALTO STORM DRAIN AND PEPPER AVENUE City Res 92-228 DISTRICl' HEREBY ACKNCMT =~ 'IHAT CITY IS SELF INSURED AS TO VARIOOS INSURANCE COVERAGES. DISTRICl' HEREBY WAIVES 'lHE ~ FOR ADDmONAL NAMED INSURED, FOR EVIDENCE OF COVERAGE AND FOR NOl'ICE OF CANCELlATION. SEE A'ITAafED EXHIBIT "B" FOR INSURANCE IXXlJMENI'ATION. 5. DISI'RIcr shall indemnify am hold hannless the CITY their officers, agents, volunteers am employees fram am against any am all clabns, demarr:'ls, loss or liability of any kin:i or nature which the CITY aro;or their officers, agents, volunteers or employees, may sustain or incur or which may be :i1rposed upon them, for property damage am injUlY to or death of any persons caused by the DISI'RIcr'S negligent use of the AREA OF aJ.lM::lN USE. 6. DISI'RIcr has am reseJ:Ves the right to use AREAS OF aJ.lM::lN USE in any manner not in conflict with CITY'S needs for the proposed public roadway ilI1provement, without necessity for any further pennit or pennission fram CITY. DISI'RIcr shall, except in emergencies, give reasonable notice to CITY before perfonning any work which may affect CITY'S facilities in said AREA OF aJ.lM::lN USE. TIIIS AGREEMENT shall inure to the benefit of am be b:indin:J upon the SUCG"''''sors am assigns of both parties. Approved as to form and legal content: James F. Penman City Attorney Dated /, ,;i-'J"h l /f:-h~~ SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ~ Chairman, Board oi Supervisors ATTESTED: Clerk ,. Secretary oi the Flood Control District Address 92418 ReViewed for Processing Approved as to legal Fc":n ;._(1(-/<" /I///>~ Z I - 7-> Date ~ - '-- v~ '.- _~,,""'(' ::.,i'":lini,,;r"lT""'~:::J I Date (/\-w -G.iJ I Date 02-12459.697 Rev 1i91 Page 4 of 4 i t: ~ New -,-- I Vendor Code FOR COUNTY USE ONL Y . : DePt. I !Sc! !A Contract Number :'v1 i i Change i ,'---< I ~ : C,Jnr:..~_1 i CounW Dep?rtrnent i FLOOD CONTROL DISTRICT I Flood Control District Contract AepreSent3tive , , Dept, 092 Orgn, 092 Ph, Ext. Contractor's License No. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS 5T ANDARD CONTRACT Mina GQ~ Fund : ;Jept. , RFF ! 092 092 Com:nodity Code Organization 387-2597 I Appr. I ObJ'Rev Source -0- , GRC..PROJiJOB Number i FA29007 Est:m;ned Payment Total by Fiscai Year A_<Tount i.'D FY Amount ActiVity FY 10 ?~oJect Name East Rial to StO,," DraiCL @ Pepper Avenue Carmon Use Jk!;'eement ~. THIS CO~JTRACT is entered into in the Stalg of California by and between the San Bernardino County Flood Control District, hereinafter called tr.e Distr;~t, and "-lame -, CITY OF 5.8l:LlllillliAlilll~_____.____ :"ddres~ r,ereinafter cali03d "CITY" -3.00 North l~nll Street _ S::ln Rppn::lrnino1 CA q?41~~~____________.._ ::>'":':,~e 3:'H' ::3:':' "3R4-5111 _ ....8a'!'ji~' I'd ,:;r ~:).:;,a' SeC..I'll', 'J:) 15 n? - 122L-----____~________ iT i5 ~r:REa"y' AC;REED -~,3 ;:O~~,~.'\N::;: ~'S5 ;:;:'2':''1 ::,:,,-'vJ jn.'! :.10c',','c!'31 :'~',~," j~"',~:5, "5< .,"--' ;:r::_:"1: :,) :.';:> :,,,;.j ..,.,~"ne ')t ::a\.'7;ew rime for p'.3rfor~ance or ::o'71Qie:,on ':3c:'r; :;Ians s"J13cificatlnns. 3r.d JCOend3 'l 3ny , .",,~ ...,... ':~. ~ __. sfac::,:"'/ :::'-0'-: ___",72'~>:',-: :': '_ ,." n:r ,~':::5 :o,~,_! ::,-]_"0r, 'IHIS AGREEMENT, made and entered into this day of 19_, 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 COONI'Y FLOOD CDNI'ROL DISTRICT, a body corporate and politic of the state of California, hereinafter referred to as "DISTRICT". WITNESSETH WHEREAS, CITY desires to effect, at no cost to the DISTRICT, the construction, operation and maintenance of a street widening project for Pepper Avenue across portions of EAST RIAIJro S'roRM DRAIN Right-of-Way which construction, operation and maintenance will necessitate CITY'S use of certain DISTRICT owned lands for road purposes; and WHEREAS, CITY desires to construct, operate and maintain said road widening and appurtenances within DISTRICT IANnS and within adjoi.nirq CITY lands, which DISTRICT lands are hereinafter referred to as "AREAS OF <XMDN USE", which AREAS OF <XMDN USE are shown on attached plat map marked "EXHIBIT A"; and FA29007 EXHpwr "A" 1 4 ". WHEREAS, DISTRIcr desires to preserve, maintain, =nstruct arx:l operate flood =ntrol arx:l water =nservation works within arx:l across said AREAS OF a::M>I)N USE; NCM, 'IHEREFORE, IT IS UNDERS'IOOD AND MUIUALLY AGREED AS rou.c:w.:;: 1. DISTRIcr hereby =nsents to the =nstruction, reconstruction, maintenance arx:l operation of a street widen.in:J project arx:l appurtenances thereto, at no expense to the District within the AREAS OF a::M>I)N USE arx:l to allow CITY arx:l the traveling public to occupy arx:l use said AREAS OF a::MDN USE for street arx:l highway purposes; provided, however, that no such use, occupancy, =nstruction, reconstruction or maintenance, shall be effected by the CITY, its successors or assigns, in any manner which, in the opinion of the Chief Engineer of the DISTRIcr,may interfere or =nflict with any structures, facilities, operation or uses which DISTRIcr has or intends to have upon said lands, without first submitting plans of such occupancy or use to DISTRIcr'S Chief Engineer at least thirty days prior to the date of such intended occupancy or use arx:l 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 successors arx:l assigns shall assume full responsibility for the operation arx:l maintenance of arx:l liability for the roadway facilities (including all roadway culverts, pipes, sidewalks, arx:l other appurtenant works) . 3. CITY acknowledges DISTRIcr' S right to AREAS OF a::t1M:)N USE arx:l the priority of DISTRIcr'S right within AREAS OF a::M>I)N USE. Except in emergencies, CITY shall give reasonable notice to arx:l obtain written approval fram the DISTRIcr before performing any work on CITY facilities in said AREAS OF a::M>I)N USE, if which said work will in any way alter or obstruct the flow of or potential flow of waters within said flood =ntrol arx:l water =nservation works. ~ 4. CITY shall indemnify an:l hold hannless the DISI'RIcr ardjor the camty of San Bernardino, their officers, agents, volnnteers an:l employees fran an:l against any an:l all claims, demands, loss or liability of any kin:i or nature which the DISI'RIcr ardjor County, their officers, agents, volnnteers or employees, may sustain or incur or which may be :imposed up:m them, for property damage an:l injw:y to or death of any persons. WOrkers' ~nsation: statutory Workers' Compensation Insurance. The CITY shall require the carriers of this coverage to waive all rights of subrogation against the DISI'RIcr or the camty, their officers, volnnteers, employees, =ntractors an:l sub=ntractors. O:IIIprehensive General and 1wtaDobile Insurance: 'Ibis coverage to include =ntractual coverage an:l automobile liability coverage for owned, hired, an:l nori-owned vehicles. The policy shall have oarnbined single limits for bcdily injw:y an:l property damage of not less than one million dollars ($1,000,000). Errors an:l omissions liability insurance with oarnbined single limits of $1,000,000 for bcdily injw:y an:l property damage. CITY shall furnish certified copies of all policies an:l en::l.orsements to the DISI'RIcr evidencing the insurance coverage above required prior to the l'Y'WmII>1J.canent of perfo:cnance of services hereImder I which shall provide that such insurance shall not be terminated or expire except without thirty (30) days written notice to the Department. All policies, with respect to the insurance coverage above required, except for the Workers' Compensation insurance coverage, shall obtain additional en::l.orsements naming the DISI'RIcr an:l the County, their employees, agents, volnnteers an:l officers as additional named insured with respect to liabilities arising out of the perfo:rmance of services hereun:ler. I~ - AGREEMENT: EAST RIALTO STORM DRAIN AND PEPPER AVENUE DISTRIC'l' HEREBY ACKNCMIEIX;ES 'IHAT CITY IS SElF rnstJRED AS 'ID VARIOOS INSURANCE ClJVERAGES. DISTRIC'l' HEREBY WAIVES 'mE RmJIREMENT FOR ADDITIONAL NAMED INSURED, FOR EVIDENCE OF COVERJ\GE AND FOR NOI'ICE OF CANCELlATION. SEE A'ITAOiED EXHIBIT "B" FOR INSURANCE o.::x::uMENI'ATON. 5. DISI'RIC'l' shall indemnify an1 hold hamless the CITY their officers, agents, volunteers an1 employees from an1 against any an1 all claims, demarrls, loss or liability of any k:irrl or nature which the CITY arxl/or their officers, agents, volunteers or employees, may sustain or incur or which may be in'posed upon them, for property damage an1 injury to or death of any persons caused by the DISI'RIcr'S negligent use of the AREA OF Cl:M1)N USE. 6. DISI'RIcr has an1 reserves the right to use AREAS OF aJ.MJN USE in any manner not in =nflict with CITY'S needs for the proposed public roadway brprovement, without necessity for any further penni t or pennission from CITY. DISI'RIC'l' shall, except in emergencies , give reasonable notice to CITY before performing any work which may affect CITY'S facilities in said AREA OF Cl:M1)N USE. 'lliIS AGREEMENT shall inure to the benefit of an1 be binding upon the successors an1 assigns of both parties. 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 ~ (AliI/fOrked Signp/ure) Dated Dated ATTESTED: ~ Secretary of the Flood Control District Address 300 San Mayor North "D" Street Bernardino, CA 92418 Title Approved as to Legal Form ~ " / ('/ , ,/ ~ County ourtse~' ~ l-- ~ Date c: - -Z- I - I? Revie':,"e1 as to Affir~~'t Action ~' eL'" ~. '. :iv..~- \ ::;.LA L___ Reviewed for Processing Date t),-r,y-q,:;; ~ Agency Administrator/CAG Date p...,,.,, 4 c< 4 ..\I,a,;.;:.J.._....,., ..-; . ". :....1i.t.":ii'l'.. 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'.,' ' r---: 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: 15.02-1227 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 - Storm drain Pepper Avenue at East Rialto channel FCD, Zone 2 - File No. 2-105/2.09 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 neglig~nce of insured, its officers, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged. 300 NORTH 0 STREET SAN BERNARDINO CALIFORNIA 924180001 7141384-5308 PRIDE 4 1;;fESS If you have any questions, please contact me. Vcr F. Lorch Director of Risk Management VL/ld Attachment cc: Pamela Thompson, County of San Bernardino Anne DeBolt, city of San Bernardino I. . - Frank B. Hall & Co. of California Insurance Brokers July 1, 1992 Northern Division Post Office Box 193888 One Markel Plaza Spear Street Tower, Sune 2100 San Francisco, Califomia 941'9-3888 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, '7lu-a..~ Mi a 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. I.. CERTIFICATE OF COVERAGE ISSUE DATE 7/Dl/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 THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANOUM OR POLICY BELOW: PRODUCER COMPANIES AFFORDING COVERAGE COMPANY LETTER (A) BIG INDEPENDENT CITIES EXCESS POOL Phone: (415) 543-9360 COMPANY LETTER (B) INSURED COMPANY LETTER (C) (D) (E) (F) City of San Bernardino COMPANY LETTER 300 North 0 Street COMPANY LETTER San Bernardino, CA 92418 COMPANY LETTER COVERAGES THIS IS TO CERTIFY THAT THE MEMORANDUM OF COVERAGE OR POLICY(IES) LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY OR MEMORANDUM PERIOD INDICATED. NOT~ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ~ITH RESPECT TO ~HICH 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 MEHORANOUM MEHORANDUM 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/DlI92 7/01/93 II , PO COMBINED and Self. Insured Retention of INCLUOING 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, identified .. Lea.e 2-105/2.09, this Certificate is is- sued only as proof of coverage in effect for the Insured. CERTIFICATE HOLDER Department of Transportation/Flood CANCELLATION SHOULD ANY OF THE ABOVE-DESCRIBED COVERAGES IE ~CELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING AUTHORITIES ~ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TD THE LEFT, IUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OILIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, AUTHORITY, ITS AGENTS OR REPRESENTATIVES. COlI'lty of San Bernardi no 825 East Third Street San Bernardino , CA 92415-0835 AUTHORIZED REPRESENTATIVE Insurance Verification Division ~ 7JL. ~c-k.ee MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA FC Zn 2-100 Inc. Cities, S.B. Pepper Ave. Agree. No. 92-777 August 10, 1992 ^ ry00P -y'y1 f~l'/ ) / r;,OI' FROM: KEN A. MILIER, Director Transportation,lFl.ood oantro1 SUBJECT: ~ USE llGREEMENl' FOR USE OF DISTRIcr'S FAST RIAIJro S'roRM mAIN RIG!fI'-OF-wAY IN nIE SAN BERNARDINO AREA FIIE: 2-105 REXX>>lEMlM'ICN: 1lct~ as the governirg body of the Flood Control District, approve Ch'IIlL>JI Use J\greemel1t between the District an:l the city of San Bernardino for const.IUction an:l maintenance of road inprovem:nts on District right-of-way. B!'<CKGRaJND: '!he city has been issued a pennit to const.IUct road inprovem:nts for ~ Avenue on District right-of-way for East Rialto storm Drain. '!his aY"-'=nent provides for the continued q:leI'ation an:l maintenance of an:l liability for the pennitted road improvenents. ~ FOR REXX>>lEMlM'ICN: agreement. Board approval is required to effect this REVIEW BY 0IllER DEPARIMENTS: '!his J\greemel1t was reviewed by Dep1ty 0:Amty Coonsel 0lar1es S. Scolastico on Mard1 25, 1992, an:l by Risk Management persormel on March 23, 1992. FINANCIAL J:M'A: No financial inpact to the District will result fran this agreement. mESENI'ER: Ken A. Miller cc: Flood Control w/agr. , City of S.B. w/agr. ~7.'6 c/o PC Auditor, w/agr. Purchasing, Contr. Compl. Risk Management pw:; File w/agr. vg 14-9507-o0C Rev. 10/81 Action of the Board of Supervisors AGREEMENT NO. 92-777 APPROYED'1lOAR.J)OF SUPERVISORS C~Y ot~~.~ARDINO t;. ..,' ......' >.,', ..'l\\ MOTION/iQ;fioN . AYE ,SEcClND ". AYE AYE H. "'1.' . 2 .3., '.,. 4 S :~;~;il1(:OARD DATED: A~~Pstl~; \,,~,y ITEMJt' E New M Change X Cancel County Department FLOOD CONTROL DISTRICT Flood Control District Contract Representative FOR COUNTY USE ONL Y Vendor Code Dept. Contract Number sc A 9;. ~ 117 Dept. 092 Orgn. 092 Ph. Ext. Contractor's Ucense No. Amount of Contract Mina Fund -0- Activity GRC/PROJ/JOB Number FA29007 Estimated Payment Total by Fiscal Year Amount I/O FY Amount liD SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT 87-2597 Obj/Rev Source FY Project Name East Rialto Storm Drain @ Peroer ~ Avenue nt 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 300 North "Olt ~trf!et hereinafter called "CITY" (Per RES NO 92-228 adopted - 7/6/92) r.TTY OF SAN BERNARDINO Address ~~n RpT"n~T"nin()l r.A Phone g?418 Birth Date 384-5111 FederallD No. or Social Security No. 15 n? - 1 ??7 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 att1}Jfans. specifications, an addenda, if any.) 'IRIS AGREEMENT, made arrl entered into this 16 day of t , 19ft, by arrl between the CITY OF SAN BERNARDINO, a municipal corporation of the state of California, hereinafter referred to as "CITY", arrl the SAN BERNARDINO CDUNTY FLOOD <XlNI'ROL DISTRIcr, a body corporate arrl politic of the state of California, hereinafter referred to as "DISTRIcr". WITNESSETH WHEREAS, CITY desires to effect, at no cost to the DISTRIcr, the constnIction, operation arrl maintenance of a street widening project for Pepper Avenue across portions of FJ\ST RIAIlIO S'IDRM DRAIN Right-of-Way which constxuction, operation arrl maintenance will necessitate CITY'S use of certain DISTRIcr owned lands for road purposes; arrl WHEREAS, CITY desires to constxuct, operate arrl maintain said road widening arrl appurtenances within DISTRIcr IANrn arrl within adjoining CITY lands, which DISTRIcr lands are hereinafter referred to as "ARFAS OF C'CMM:)N USE", which ARFAS OF C'CMM:)N USE are shown on attached plat map marked "EXHIBIT A"; arrl FA29007 1)2-12450-(;!)7Ibv.1191 Page ~_ of 4 WHEREAS, DISTRIcr desires to preserve, maintain, construct and operate flood control and water conservation works within and across said AREAS OF o::MDN USE; NCW, THEREFORE, IT IS UNDERSIDOD AND MUIUALLY AGREED AS FOLLC:MS: 1. DISTRIcr hereby consents to the construction, reconstruction, maintenance and operation of a street widening project and appurtenances thereto, at no expense to the District within the AREAS OF a:M-DN USE and to allow CITY and the traveling public to occupy and use said AREAS OF a:M-DN USE for street and highway purposes; provided, however, that no such use, occupancy, construction, reconstruction or maintenance, shall be effected by the CITY, its successors or assigns, in any manner which, in the opinion of the Chief Engineer of the DISTRIcr,may interfere or conflict with any structures, facilities, operation or uses which DISTRIcr has or intends to have upon said lands, without first submitting plans of such occupancy or use to DISTRIcr'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 DISTRIcr'S interests or the pUJ:1Xlse of this agreement. 2. CITY, its successors and assigns shall assume full responsibility for the operation and maintenance of and liability for the roadway facilities (including all roadway culverts, pipes, sidewalks, and other appurtenant works) . 3. CITY acknowledges DISTRIcr'S right to AREAS OF o::MDN USE and the priority of DISTRIcr's right within AREAS OF a:M-DN USE. Except in emergencies, CITY shall give reasonable notice to and obtain written approval from the DISTRIcr before perfonning any work on CITY facilities in said AREAS OF a:M-DN USE, if which said work will in any way alter or obstruct the flow of or potential flow of waters within said flood control and water conservation works. 4. CITY shall indemnify an::i hold harmless the DISI'RIcr and/or the County of San Ben1ardino, their officers, agents, volunteers an::i employees from an::i against anyan::i all claims, demands, loss or liability of any kind or nature which the DISI'RIcr and/or County, their officers, agents, volunteers or employees, may sustain or in= or which may be il11posed upon them, for property damage an::i injury to or death of any persons. Workers' ~tion: statutory Workers' Corrpensation Insurance. '!he CITY shall require the carriers of this coverage to waive all rights of subrogation against the DISI'RIcr or the County, their officers, volunteers, employees, contractors an::i subcontractors. CClrq?rehensive General and Autanobile Insurance: 'This coverage to include contractual coverage an::i automobile liability coverage for owned, hired, an::i non-ownect vehicles. '!he policy shall have =mbined single limits for bodily injury an::i property damage of not less than one million dollars ($1,000,000). Errors an::i omissions liability insurance with =mbined single limits of $1,000,000 for bodily injury an::i property damage. CITY shall furnish certified copies of all policies an::i endorsements to the DISI'RIcr evidencing the insurance coverage above required prior to the ccmnencement of perfOIlllaIlce of' services hereunder, which shall provide that such insurance shall not be terminated or expire except without thirty (30) days written notice to the Deparbnent. All policies, with respect to the insurance coverage above required, except for the Workers' Corrpensation insurance coverage, shall obtain additional endorsements naming the DISI'RIcr an::i the County, their employees, agents, volunteers an::i officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. AGREEMENT: EAST RIALTO STORM DRAIN AND PEPPER AVENUE City Res 92-228 DISTRICl HEREBY ACKNOOI.ELGES WAT CITY IS SELF INSURED AS 'ro VARIOOS INSURANCE <XlVERAGES. DISTRICl HEREBY WAIVES '!HE ~ FOR ADDrrIONAL NAMED INSURED, FOR EVIDENCE OF COVER1\GE AND FOR NOI'ICE OF CANCELIATION. SEE A'ITAaIED EXHIBIT "B" FOR INSURANCE IXXlJMENI'ATION. 5. DISTRICl shall irrlenmify arrl hold hannless the CITY their officers, agents, volunteers arrl employees from arrl against any arrl all claims, deman::ls, loss or liability of any ki.rxl or nature which the CITY an:l/or their officers, agents, volunteers or employees, nay sustain or incur or which nay be ~ upon them, for property danage arrl injury to or death of any persons caused by the DISTRIcr'S negligent use of the AREA OF cnM:lN USE. 6. DISTRIcr has arrl reserves the right to use AREAS OF roMJN USE in any manner not in =nflict with CITY'S needs for the proposed public roadway iInprovernent, without necessity for any further penni.t or penni.ssion from CITY. DISTRIcr shall, except in emergencies, give reasonable notice to CITY before perfoIming any work which nay affect CITY'S facilities in said AREA OF cnM:lN USE. THIS AGREEMENT shall inure to the benefit of arrl be bil'rling upon the successors arrl assigns of both parties. Approved as to form and legal content: James F. Penman City Attorney SAN BERNAR~O COUNTY FLOOD CONTROL DISTRICT ~ ,a;~ ...y"'---.... pervisors J -1'77 TY OF SAN BERNARDINO, a Municipal Corporat' //~t~;;;t~n, ompany, etc.) By"~ /0.."., ...~,,// C/A1illlo zed Signature) Dated W R ao OMB, OR 7/9/92 At~st: " I. . ICt1/'kf lU4'&/iJ/l;~j&/4r~~ City Clerk 300/ orth /"0" Str",,,t AddffiY San Bernardino, CA 92418 Dated Allr, 11 1992 ~ Secretary of the Flood Control DiSUitt--- Approved as to Legal Form po (~/((~/C'(? County counse~ 5-'-\-11..... Revi Reviewed for Processing Date Date o \' -( ~ ,-q,9.- ~~I'1 Agency Administrator/CAO Date po 02-12459-697 Rov. 1/91 Page 4 of 4 . V E R"C ,-. 4' 2 RD.NO. I 00' A. T. &5. F. RAILROAD R/W z : 1 SlOFE a: ILl l- I- ;:) <.:l' ctl COco lOa: '::> 010 ~-:':::::::::f:::~:;"F~':':::r-:-,::::::r::::::,:'1:::':":.':::t::::;:!. U .'.9:!.:.:tsi~~c:;:; r.Q"!I)~- 6GN, '-"IST n AceE S &MEET Oo^' . LJJ l- I- ;:) <.:l <Xl' I- ro'" a:.x ::>LJJ '-' ,z ;2:- "0 ro-. . . ." . .. .... ~ " ." , ; ': . .' ~ ,. - ~ '.,~:.,::: :..... '~::.. . . -'...:, ".,0 ;, .....:.75 04T'C '. .. '.J. :c!..,~" \O;~ :;\":'7':' "'''R. --":~~: '~1' " _ ~~IT' . ..~ -::.;':-:-' "'~~-;4~.t':.'. 3 I.MIl.!. , I "... j :1....',,_.. ~ '. :1t,: .~. '<) I '~..' "';;' . C)'....:. , ~ L .'~.. ~;"~.~~', :::~ ':. ," j ~ -~:- . - - - ,,' '~ ~ 2 tOO, 68 It. PEPPER: \ .=..lQ:t..Do.:~-&.s.E.. /" .. RML-f::Q.AD' , /. .. '. '.. .' . '. '-. . ~ ". j .. .. ".' ;c~""''''' .- - _ 'q;,r .8.........'r:-_.. ". ~ "'~"'~C'9.. ,,",:-6... .c. .. .. 1O~.r:~~.. ',;' ,.~. "," ~14-~~.T~...': ','H ". . .... I "-'-"",~ I - ---. , .' PLAN i. ;1 ,I.::.,.., L:.. ~EXISr. P.C.C. CHANNEL 3 /1 I 'Z I I, I I I I I ~ i: c i . i I . i.." i I I I 0 t 06.61 B.C. I I I- ~ 1/./ :i. V ~ /-</ // a: 0 VXV I ~ ~ :: ,/1 ;(. ~ G 0 Ix I ctl ctl .- 10( I ~ . co (II -' ,II: : co a: co a: ~ Q. '" \D ;:)." 1O;:) - ~ . ai 0 Cff.0 Ie :r :t: 0' NO.-II:~ +-.~ 0-, "h;'i'^',,~ ~!~ I~ N.~:~~:~~.~. ~ l~:T '~ 75:'05. .,,;-: T~"': \0 :!,5'M'O~'15~,~;:r:~"?~;;,~~,.:. ' 1 . . ",_ 0.1_, .', ",~, 'l.l.:":,,,,,. .. '~,."...:."~.w1t..'W\.t _ :..... :.:".~l~~~._.. .,,.,....... .l\~~ ...... Z .... -'. ..;.~. c'h~;;._~~:\,;,:~~.~.. ':. ~;:.j.~.;:,.', . . :""'_~- ..r, f!.!'~/"'" . .. ' .'. I, "'. ". "~:'~~:.~~''':~<:;"}~;'~ ;:. -..,' .. \....:1.>: : .,.. ~..:.; 5.8. CO. FL OOf) I -'FEE .; 5.8. CITY ~ EASEMENT ~.- '" ,~.,:: ~,~,>,,':? '~':~':;SJ:..~:..: .:~,~~ .~ ,~':'~, t:, ~. i'pE PPE R AVE?f1 ltll -~------ I 1 G ~ . :. ".~. "~"""'i-_" .. .. Z" I .. " . ,';- - . .'. .... ...,..c....... ......... '0 '\ 1,') .-:-;-~"74.'i2'rC.~..;...;'@. 'I'.. ...--'-c.1 .': ..,,~.,~ -. r.~t. '---' _ . ", '. ", I '1""'II-~''''~ . .........:.1..:: ,A~. rv" . . . /,~""r: ....... _' - -. .. "\ -0' . 'I..... __r,- '"'F ~ , -. i. (' , ~, 1 ~ -.lfI"T .. LJ ! . :," :'. " :. '. .~ I: : .':. . -:~ (,) .' I r :: '. ,., :, I .I,.Il'. , ' __J " ..... ,r- r- ::> C) Nctl 'It') ro ..:a: -::> .. 0" N, Z <.:l ro -c.r j ~ ~ :j ;., 2: I SLOPE ~7 - , ~"" 1,1,."..,,,,. 'D_,.,~,.~ :1Jf'----. .!r._ EXHIBIT .~AIJ . It. A C C E S S R 0, It 03!: MEET EXIS. ~: - PE PPE'RA VEN U 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: 15.02-1227 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 - Storm drain Pepper Avenue at East Rialto channel FCD, Zone 2 - File No. 2-105/2.09 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 7141384-5308 PRIDE ~ 9ESS . . If you have any questions, , please contact me. S.'~ffd V~~ F. Lorch Director 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 Markel Plaza Spear Street Tower. Sune 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, '7Ju~~ 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 (415) 543-9360 . Telex 4937656 . Facsimile (415) 543-5626 A Division of Frank B. Hall Insurance Brokers, Inc. CERTIFICATE OF COVERAGE ISSUE DATE 7/01/92 PRODUCER 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 AFFOROED 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 COMPANY LETTER (C) (D) (E) (F) City of San Bernardino COMPANY LETTER 300 North 0 Street COMPANY LETTER 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 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 POLICY OR POLICY OR POLICY ALL LIMITS IN THOUSANDS COVERAGES NUMBER EFFECTIVE EXPIRES EXCESS LIABILITY Difference between $ 5.000. A OCCURRENCE FORM 80-04 7/01/92 7/01/93 BI I PO COMBINED and Self. Insured Retention of INCLUDING AUTOMOBILE $ 1. 000. LIABILITY COVERAGE A Coverage A Difference between EXCESS $ WORKERS' COMPENSATION and Self-Insured Retention of $ AND Coverage 8 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 as Lease 2-105/2.09, this Certificate ;s is. sued only 8S proof of coverage in effect for the Insured. CERTIFICATE HOLDER Department of Transportation/Flood CANCELLATION SHOULD ANY OF TNE ABOVE-DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING AUTHORITIES giLL ENDEAVOR TO MAIL 30 DAYS WRITTEN 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 REPRESENT A TIVES. County of San Bernardino 825 East Third Street San Bernard i no ,CA 92415-0835 AUTHORIZED REPRESENTATIVE Insurance Verification Division '---rA.t.L '7JL. ~