HomeMy WebLinkAbout1991-159
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04-05-91
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RESOLUTION NO .~.21=12~L____~__
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT-
ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF STREET AND FLOOD CHANNEL
IMPROVEMENTS CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION Of
LITTLE LEAGUE DRIVE AND THE CABLE CREEK FLOOD CHANNEL.
BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That the Mavor of the City of San Bernardino is here-
bv authorized and directed to execute and accept on behalf of said City. a
Common Use Agreement with the San Bernardino County Flood Control District,
a COPy of which is attached hereto and incorporated by reference herein, as
ful Iv as though set forth in ] ength, mar'ked Exhibit "A", for the con-
struction of a box cuI vert crossing. inc I uding curbs, gutters, landscaping
and appurtenallces, more particularly described ill said Common Use Agreement
and concerning that certain real property in the City of San Bernardillo.
Coanty of San Bernardino, State of California, generally located at the
intersection of Little League Drive and the Cable Creek Channel. Said City
consents to the retardation thereof.
SECTION 2.
The authorization to execute the above-referenced
agreement is rescinded if the parties to the agreement fa i I to execute it
within one hundred twenty (120) days of the passage of this resolution.
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04/05/91
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;\CJ'FP"i-\ \'(_~.:: i\\T -EX:FC.'l "T1 C\" (}'.' r~(_Y'!'~lCY l~-sr \G:r:~E:j:;'vlrs~; T-,ITn_,r- '_E.\(?_'l_: -:-)F:J'vt' \!
CABLE CkEK
I HEREBY CERTIFY that the foreQ'oing resolution WdS duly adopted bv
the Ma)'or d.lld Common Counci 1 of the Ci tv of San Bernardino at a
__ _;:(.egulaL_____._ _____ me et i n g
thereof
held
the
ddV
of
6th
OIl
___________l1ay_______ 1991
, bv the following vote, to-wit:
COUNCIL MEMBERS:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
f?-:-_~_~_=_.!___~_________
C~
The
foregoing resolution is herebv approved this _~t.il___
dav
of
Nay
----- _._----------'---
Approved as to form
and legal content:
James F. Penman,
City Attorney
1991.
/
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f-R~-iic It':'~ay~; ----.----.- ---- ---
Citv of San Bernardino
2
Res. 91-159
CITY OF
San Bernardino
OF'ICE OF THI CITY ADMINISTRATOR
RISK MANAGEIIINT DIVISION
April 13, 1990
Mr. Mina Ghaly
Department of Transportation/Flood Control
COONTY OF SAN BERNARDINO
825 East Third Street
San Bernardino, California 92415-0835
Re: Joint Use of Property at Cable Creek
At Little League Drive
San Bernardino, California
Our File 15.02-1100
Dear Mr. Ghaly:
This letter is to inform you that the City of San Bernardino is
self-insured for the first $500,000 of any workers' compensation
claim and maintains an Excess Workers' Compensation Policy,
through the Big Independent Cities Excess Pool, for $10,000,000
combined workers' compensation and employer's liability.
Also, with respect to general liability
insured for legal liability up to
$1,000,000 coverage is provided by the
Excess Pool (BICEP). An excess policy
amount of $8,000,000, brings coverage to
where a $15,000,000 umbrella is added
coverage to $25,000,000.
coverage, we are self
$1,000,000. A second
Big Independent Cities
issued by AIG in the
the $10,000,000 level,
by BICEP to complete
Pursuant to your instructions, the following paragraph is in-
serted as it relates to Professional Liability coverage:
WInsurance 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 the insured, its
officers, employees, agents of subcontractors. All other
provisions of this policy are to remain unchanged.w
300 NORTH 0' STREET, SAN BERNARDINO.
C.ALIFQRNIA 92418.0001 714/31..5301
PRiDE ~,
~'~;;.~#rESS
,..-:;' -?"'7'
EXHIBIT "B"
If you have any questions, please do not hesitate to contact me.
dEi erely, ~
~~h
~c:::::, - .
ames E. Robb ns
Acting Director of Risk Management
JRlsf
cc: Pamela Thompson, Risk Manager
County of San Bernardino
Anne DeBolt
Public Works/Engineering
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FCD
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY. CALIFORNIA
(
September 23, 1991
}(EN A. MIllER, Director
Transp:dation,. '1l'100d Control
a::t1M:N USE 1lGREEMENI' FOR USE OF DISIRIcr'S CABlE CREEK aIANNEL
RIGIfi'-OF-wAY AT LITl'lE IFAGUE mIVE IN SAN BERNARDINO
FIIE: 2-309
~TIOO': ActinJ as the governin] body of the Flood Control District,
approve Common Use Agreement between the District ani the City of San
Bernardino for construction ani maintenance of a box culvert crossing of the
District's right-of-Wi'lY at Little League Drive.
FROM:
SUBJECT:
BACKGRl:lJND: '!he City has been issued a penni.t to construct box culvert
inprovements at Little League Drive on District CM11E!d lams for Cable creek
Olannel. '!his agreement provides for the continued operation ani maintenance
of ani liability for the penni.tted box culvert inprovements.
REASON FOR RECOMMENDATlOO': Board awroval is required to effect this
agreen.ellt.
(
REVIEW BY OIHER DEPARIMENIS: '!his 1\greement was reviewed by DepJty 0:AInty
0:Junse1 :Rex Hinesley on April 26, 1990, ani by Risk Management personnel in
NovE!lltler, 1989.
FINANCIAL tl1ITA: No financial inpact to the District will result fran this
a'::l....~i[eJlt.
PRESEN'Im: Ken A. Miller
(
cc: Flood Control w/agree,
Contractor w/agreemen
c/o Flood Control
Auditor w/agreement
Purchasing - Contract
Compliance '
Risk Management MOTIO
PWG
File
~t:i.OR
b
EARLENE
14-9507.000
Rev. 10/11
ITEM 44
-".-. .
:.
FOR DISTRICT USE ONLY
Res. 91-159
San Bernardino County Flood Control District
Contract Number
9/- ,
Flood Control District Contract Representative
Contractor's License Number:
Mina Ghaly
Budget Unit No.
Sub-Object No.
Amount of Contract
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
STANDARD CONTRACT
Project Name:
Cable Creek
Drive
at Little
F29004
If contract has more than one payment or receipt,
L complete the following:
eague Payments Estimate:
Approximate Amount Each:
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood
Control District, hereafter called the District, and
Name
City'of San Bernardino
':ltlCl'''No. "D" Street
hereafter called
CITY
San Bernardino,
Phj2.ne
3154-5111
CA 92418-0001
Birth Data
Federal I D No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time
for performance or completion, determination of satisfactory performance and cause for termination, other terms and
conditions, and attach plans, specifications, and addenda, if any.)
THIS AGREEMENT, made and entered into this 9th day of Mav
19--2l., by and between the CITY OF SAN BERNARDINO, a l1llll1icipal corporation of the
state of California, hereinafter refe=ed to as "CITY", and the SAN BERNARDINO
<XlUNI'Y FIOOD OJNI'ROL DISTRIcr, a body corporate and politic of the state of
California, hereinafter referred to as "DISTRIcr".
WITNESSETH
WHEREAS, CITY, desires to construct, at no cost to the DISTRIcr, a box
culvert crossing, including curbs, gutters, landscaping and appurtenances,
hereinafter refe=ed to as "IMPROVEMENTS", of the DISTRIcr's CABIE CREEK ClWlNEL
at LI'ITIE LEAGUE DRIVE within DISTRIcr C1W!1ed lands and CITY owned lands; NCM
THEREFORE, IT IS UNDERS'IOOD AND MUIUALLY AGREED AS FOLlJ::X'IS;
WHEREAS, the DISTRIcr is the owner of the lands upon which the CITY desires
to construct portions of said IMPROVEMENTS crossing CABlE CREEK ClWlNEL at LI'ITIE
LEAGUE DRIVE;
WHEREAS, the CITY is the owner of certain lands upon which portions of said
IMPROVEMENTS crossing CABLE CREEK at LI'ITIE LEAGUE DRIVE will be constructed;
02-124::19-691 Rev. 11/80
Page_ of_
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WHEREAS, i:x>th agencies are willing to allow the construction, operation, and
maintenance of the facilities on said agency's property, provided that the
integrity and functional capacity of the facilities of the agency owning the
right-of-way are not irrq:Jaired thereby;
WHEREAS, DISTRIcr and CITY will mutually benefit by setting forth herein the
rights and responsibilities of each within AREA OF CXlMM)N USE, said Area of
Common Use is shown on Exhibit "A" attached hereto and made a part hereof;
NOO'IHEREFORE, in consideration of the premises and mutual benefits derived,
it is mutually agreed by and between the parties hereto as follows:
A. CITY AGREES:
1. Insofar as to property owned by the DISTRIcr:
a. To acknowledge DISTRIcr'S title to the right of way and
facilities in Area of Common Use and the priority of DISTRIcr'S title over CITY
therein, and further acknowledges the right of DISTRIcr, its successors or
assigns, to use Area of Common Use in carmnon with CITY without need for any
further pemit or pemission from CITY, provided, however, that any such use by
DISTRIcr shall not enclan:Jer, interfere or conflict with CITY'S facilities or
their functional operation without approval first being obtained from the CITY of
such plans, which approval shall not be unreasonably withheld.
b. That prior to future reconstruction of existing facilities, to
apply for and obtain written approval from DISTRIcr of plans incorporating
details pertaining to CITY and/or CITY agent's perfonnance of construction
activities within Area of Common Use. Application for said pemission shall be
in writing accompanied by four sets of contract plans and specifications.
c. Accept full responsibility and cost for any and all
reconstruction, maintenance or operation of the IMPROVEMENTS lying above the
plane of the soffit of the deck structure, and including the walkway approaches,
parapets and railings.
d. Indemnify, defend and hold hannless the DISTRIcr, the County
and their authorized agents, officers, volunteers and employees against any and
all claims arising from CITY'S, acts or omissions and for any costs or expenses
the DISTRIcr, the County their officers, agents, volunteers or employees may
sustain or incur or which may be imposed upon them for injury to or death of any
persons arising from this contract. In order to a=nplish the indemnifications
herein provided for, but without l:i1ni.ting the indemnification, the CITY shall
secure and maintain throughout the term of the contract the following types of
insurance with l:i1ni.ts as shown:
Workers' Conpmsation - A program of workers' c:onpensation Insurance or a
State-approved Self Insurance Program in an amount and fom to meet all
applicable requirements of the labor Code of the state of California,
including Employer's Liability with $250,000 l:i1ni.ts, covering all persons
providing services on behalf of the CITY and all risks to such persons under
the Agreement.
J. '
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Comprehensive General an::l. AutoJrobile Li~ility Insurance - '!his =erage to
include contractual =erage an::l. autarrobile liability =erage for CMned,
hired, an::l. non-owned vehicles. '!he policy shall have carnbined single limits
for bodily injw:y an::l. property damage of not less than one million dollars
($1,000,000).
Errors an::l. Omissions Liability Insurance (if applicable) with carnbined single
limits of $1,000,000 for bodily injw:y an::l. property damage.
Professional Liability (if applicable) - Professional Liability Insurance with
limits of at least $1,000,000 per claim. In lieu of naming the County as an
additional insured, the policy may be endorsed as follows:
"Insurance =erage 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 negligent act of the insured, its
officers, enq:>loyees, agents or subcontractors. All other provisions of this
policy are to renain unchanged."
CITY shall furnish certificates of insurance an::l. certified copies of all policies
an::l. endorsements to the DISTRIcr evidencing the insurance =erage above required
prior to the =nunencement of perfo:nnance of services hereunder, which certificates
shall provide that such insurance shall not be terminated or expire without
thirty (30) days written notice to the DISTRIcr, an::l. shall maintain such insurance
from the time CITY =nunences perfo:nnance of services hereunder until the completion
of such services.
All policies, with respect to the insurance =erage above required, except for
the Workers' Compensation insurance =erage an::l. professional liability =erage,
if applicable, shall obtain additional endorsements naming the DISTRIcr an::l. the
County, their enq:>loyees, agents, volunteers an::l. officers as additional named
insured with respect to liabilities arising out of the perfo:nnance of services
hereunder .
The City shall require the carriers of the above required coverages to waive all
rights of subrogation against the DISTRIcr an::l. the County, their officers,
volunteers, enq:>loyees, contractors an::l. subcontractors.
All policies required above are to be primary an::l. non-=ntributing with any
insurance or self-insurance programs carried or administered by the DISTRIcr
and/or the County.
District hereby acknowledges that CITY is self-insured as to various insurance
=erages. DISTRIcr hereby waives the requirement for additional named insureds,
for evidence of =erage an::l. for notice of cancellation.
See attached Exhibit "B" for insurance documentation.
2. Insofar as to the property owned by the CITY:
a. To permit the reconstruction, maintenance, an::l. use by DISTRIcr
of the flood control facility across CITY owned lands within Area of Common Use;
providing, however, that no such reconstruction, maintenance, or use proposed by
DISTRIcr within Area of Common Use shall be conunenced prior to execution of this
agreement.
b. To process Il€CE'SSOly.t:>erm.i:t or permits to DISTRIcr upon proper
application by DISTRIcr as provided herein subject to the provisions and =nditions
of this Agreerrent.
c. To submit to DISTRIcr at least thirty days in advance, plans
for any proposed road =nstruction, re=nstruction or naintenance within Area of
Colmnon Use which nay endanger, interfere, or conflict with DISTRIcr flood =ntrol
facilities or their functional operation and obtain written approval from the
District Engineer of DISTRIcr of such plans.
d. Accept full responsibility and cost for any and all
reconstruction, naintenance or operation of the IMPROVEMENTS lying above the
plane of the soffit of the deck structure, and including the roadway approaches,
parapets, walkways and railings.
DISTRIcr AGREES:
1. Insofar as to the property owned by the CITY:
a. To acknc:Mledge CITY'S title to right-of-way and facilities in
Area of Colmnon Use and the priority of CITY'S title over DISTRIcr therein, and
further acknowledges the right of CITY, its successors or assigns, to use Area of
Connon Use in connon with DISTRIcr without need for any further-permit or
permission from DISTRIcr, provided, however, that any such use by CITY shall not
endanger, interfere or conflict with the flood =ntrol facilities or their
functional operation without approval first being obtained from the Flood COntrol
Engineer of such plans, which approval shall not be unreasonablq withheld.
b. That prior to future reconstruction of the flood =ntrol
facility to apply for and obtain written approval from CITY of plans incorporating
details pertaining to DISTRIcr and/or DISTRIcr'S agent's performance of
=nstruction activities within Area of Colmnon Use. Application for said permission
shall be in writing a=npanied by four sets of contract plans and specifications.
c. Accept full responsibility and cost for any and all
reconstruction, naintenance or operation of the IMPROVEMENTS lying below the
plane of the soffit of the deck structure.
d. Agrees to indemnify, defend and hold harmless the City, its
authorized agents, officers, volunteers and employees against any and all clailns
arising from DISTRIcr'S acts or omissions and for any costs or expenses the CITY,
its authorized officers, agents, volunteers or employees nay sustain or incur or
which nay be irrposed upon them for property danage and/or injury to or death of
any persons arising from this contract.
2. Insofar as to the property owned by the DISTRIcr:
a. To permit the construction, naintenance, and use by CITY of
IMPROVEMENTS on DISTRIcr owned lands within Area of Colmnon Use; providing,
however, that no such construction, re=nstruction, naintenance, or use proposed
by CITY within Area of Colmnon Use shall be commenced until CITY shall have
received the prior written approval of the allef Engineer of DISTRIcr of complete
-
.t.. PROJECT: CABLE CREEK AT LITTLE LEAGUE DRIVE
construction plans arrl specifications, which approval shall not be unreasonably
withheld if, in the opinion of said O1.ief EncJineer, such proposed utilization of
DISTRIcr facilities does not or will not conflict with, interfere with, or
endanger said facilities or their functional operations.
b. To process necessary pemit or pemits to CITY upon proper
application by CITY as provided herein subject to provision arrl conditions of
this Agreement.
c. To submit to CITY at least thirty days in advance, plans for
any proposed flood control construction, reconstruction or maintenance within
Area of Common Use which may endanger, interfere or conflict with CITY IMPROVEMENTS
or their functional operation arrl obtain written approval fram the CITY of such
plans.
~)
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SAN BERNARDINO <XlUNI'Y
FIOOD CDNl'ROL DISI'RIcr
!_---/
,
rIm' 0 G i331
ATTESTED BY:
~y~
James F. Penman
City Attorney
By ~LLWU /) ,
./~
SAN BERNARDINO COUNTY
:LOODCO ROLDI~~
Chair pervisors
By
Approved as to form
and legal content:
(State if corporation, company, etc.)
Dated
SEP 2 3 1991
By"
(Authorized Signarure)
Dated
P.TTIO'>TFD:
Title
..
Secretary of the Flood Control District
Address
:v;.~m~~
Reviewed for Processing
Date
Yo Zc, 0 7~
Date
~'2q-'i.1
~
Agency Administrator/CAD
Date
02-12459-697 Rev. 11/80
Page_ 01_
Res. 91-159 .~ .1 I
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