HomeMy WebLinkAbout1991-278
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RESOLUTION NO. 91-278
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 CITY BUILT IMPROVEMENTS, CONCERNING PROP-
ERTY GENERALLY LOCATED AT THE INTERSECTION OF LYNWOOD DRIVE AND THE SAND
CREEK CHANNEL. WEST OF VICTORIA AVENUE.
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 Agreement with the San Bernardino County Flood Control
10 District, a copy of which is attached hereto and incorporated by reference
11 herein, as fully as though set forth in length. marked Exhibit "A", for the
12 construction of a box culvert crossing, including curbs, gutters, landscap-
13 ing and appurtenances, more particularly described in said Common Use Agree-
14 ment and concerning that certain real property in the City of San
15 Bernardino, County of San Bernardino. State of California. generally located
16 at the intersection of Lynwood Drive and the Sand Creek Channel. Said City
17 consents to the recordation thereof.
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SECTION 2.
The City Clerk of the City of San Bernardino shall
19 cause a certified copy of this resolution to be recorded in the office of
20 the County Recorder of the County of San Bernardino.
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SECTION 3. The authorization to execute the above-referenced
22 agreement is rescinded if the parties to the agreement fail to execute it
23 within one hundred twenty (120) days of the passage of this resolution.
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06-10-91 1
'.
ACCEPTAN~E A~D' EXECUTION OF COMMON USE AGREEMENT:
CREEK CHANNEL, 'WEST OF, VICTORIA AVENUE.
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LYNWOOD DRIVE AT SAND
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
06-10-91
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regular
July
__meeting
1st
of
thereof
held
the
dav
on
, 1991, by the following vote. to-wit:
AYES
NAYS
ABSTAIN
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COUNCIL MEMBERS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
The
19 of
July
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Approved as to form
and legal content:
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James F. Penman.
City Attorney
x
x
x
x
x
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x
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CIty'flerk '
foregoing resolution is hereby approved this
3rd
day
1991.
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City of San Bern dino
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Res. 91-278
FOR COUNTY USE ONL Y
E rew Vendor Code Dept. ! Contract Number
I
M Change SC !A
X ! Cancel
County Department Dept. Orgn. I Contractor's License No.
Trans/Flood Control District 540 540 I
Flood Control District Contract Representative Ph. Ext. I Amount of Contract
Mina Glaly 387-2597 0.00
Fund ! Dept. I Organization I Appr. ! Obj/Rev Source Activity I GRC/PROJ/JOB Number
SPJ 540 540 FA29102
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount liD
Project Name ,
Sand Creek @ Lynwoodl - - -
I - - -
Drive
- - -
i
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
hereinafter called
CITY
300 North "D" St.
San Bernardino, CA 92418
Phone Birth Date
384-5328
Federal ID No or Social SeClirity 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 an:i entered into this day of
19_, by an:i between the CITY OF SAN BERNARDINO, a municipal coI:pOration of the
state of California, hereinafter referred to as "CITY", an:i the SAN BERNARDINO
CXXJNl'Y FLOOD <XlNI'OOL DISl'RIcr, a I:xx:ly COI:pOrate an:i politic of the state of
Califo:rnia, hereinafter referred to as "DISl'RIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the District, the construction,
operation an:i maintenance of a box culvert crossin:J of Sard Creek Olannel at
Lynwood Drive, which construction, operation an:i maintenance will necessitate
CITY'S use of certain District owned lan:is for road purposes; an:i
WHEREAS, CITY desires to construct, operate an:i maintain said box culvert an:i
appurtenances within DISTRIcr IANI:6 an:i within adjoining CITY lan:is, which
DISl'RIcr lan:is are hereinafter referred to as "AREA<; OF ro1M:lN USE", which AREA<;
OF ro1M:lN USE are shown on attached plat map marked "EXHIBIT "A"; an:i
FA29102
..1.1,.,
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In
WHEREAS, DISl'RIcr desires to preserve, maintain, =nstruct am operate flocxi
=ntrol am water =nservation works within am across said AREAS OF cx::t1M:lN USE;
NCW, 'IHEREFORE, IT IS UNDERSTOOD AND MUIUALLY AGREED AS FOI..I.a'IS:
1. DISl'RIcr hereby =nsents to the =nstruction, reconstruction, maintenance
am operation of a box culvert am awrrtenances thereto, at no expense to
the District within the AREAS OF cx::t1M:lN USE am to allow CITY am the
travel:in9" public to occupy am use said AREAS OF cx::t1M:lN USE for street am
highway purposes; provided, however, that no such use, occupancy,
=nstruction, reconstruction or maintenance, shall be effected by the CITY,
its Sll~",,",rs or assigns, in any manner which, in the opinion of the Chief
Engineer of the DISl'RIcr,may interfere or =nflict with any structures,
facilities, operation or uses which DISl'RIcr has or intends to have upon
said lands,without first submitt:in9" plans of such occupancy or use to
DISl'RIcr'S Chief En3"ineer at least thirty days prior to the date of such
intended QCCIlpCIl1Cy or use am obtain his written approval therefore, which
approval shall not be unreasonably withheld, if in the opinion of the Chief
En3"ineer, the proposal does not interfere or =nflict with the DISI'RIcr'S
interests or the purpose of this agreeIrel1t.
2. CITY, its successors am assigns shall assume full responsibility for the
operation and maintenance of am liability for the roadway facilities
(includ:in9" all roadway culverts, pipes am those portions of the bridge
structures, includin::J approaches, sidewalks am other appurtenant works),
from the soffit of the box culvert up.
3. CITY acknc:Mledges DISl'RIcr'S right to AREAS OF cx::t1M:lN USE am the priority of
DISl'RIcr's right within AREAS OF cx::t1M:lN USE. Except in emergencies, CITY
shall give reasonable notice to am obtain written approval fram the DISI'RIcr
before performing any work on CITY facilities in said AREAS OF cx::t1M:lN 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 flocxi =ntrol am water =nservation works.
2 of 4
4. CITY shall indemnify, deferrl arrl hold harmless the DISTRIcr anjjor the
County of San Ben1ardi.no, their officers, agents, volunteers arrl employees
fram arrl against any arrl all claiJns, demaOOs, loss or liability of any kirrl
or nature which the DISTRIcr anjjor County, their officers, agents, volunteers
or employees, may sustain or incur or which may be .inp:>sed upon them, for
property damage arrl injury to or death of any persons.
WOrkers' c."'l-ensation: statutory Workers' ~tion Insurance. 'Ihe
CITY shall require the ca=iers of this CDVerage to waive all rights of
subrogation against the DISTRIcr or the County, their officers,
volunteers, employees, =ntractors arrl sub=ntractors.
Comprehensive General and Autanobile Insurance: 'Ibis CDVerage to
include contractual CDVerage arrl autorrobile liability CDVerage for
owned, hired, arrl non-owned. vehicles. 'Ihe policy shall have CCIlllbined
sin;Jle lilnits for bodily injury arrl property damage of not less than
one million dollars ($1,000,000). Errors arrl anissions liability
insurance with CCIlllbined sin;Jle lilnits of $1,000,000 for bodily injury
arrl property damage.
CITY shall furnish certified copies of all policies arrl erxiorsements or
letters of self-insurance to the DISTRIcr evicl.encin;J the insurance
CDVerage above required prior to the .............,""""""t of perf 0""""""" of
services hereunder, which shall provide that such insurance shall not
be terminated or expire except without thirty (30) clays written notice
to the Department.
All policies, with respect to the insurance CDVerage above required, except
for the Workers' ~tion insurance CDVerage, shall obtain additional
erxiorsements namin:J the DISTRIcr arrl the County, their employees, agents,
volunteers and officers as additional named insureds with respect to
liabilities arisin;J out of the perfonnance of services hereurrler. All
policies required above are to be primary arrl non-=ntributin;J with any
insurance or self-insurance ca=ied or administered by the County.
3 of 4
AGREEMENT: . CONSTRUCTION, OPERATION AND MAINTENANCE OF BOX CULVERT
CROSSIN!3 OF ,SAND CREEK CHANNEL AT LYNW00D DR'.
5. DISl'RIcr has ani reserves the right to use AREI\S OF a:MDN USE in any manner
not in =nflict with CITY'S needs for the proposed public roadway improvement,
without nece<'''ity for any further pennit or pennission fram CITY. DISl'RIcr
shall, except in emergencies, give reasonable notice to CITY before perfonni.rJ;J
any work which may affect CITY'S facilities in said AREA OF a:MDN USE.
THIS AGREEMENT shall inure to the benefit of ani be binding upon the
su=essors ani assigns of both parties.
Approved as to form
and legal content:
James F. Penman
City Attorney
j-.
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
..
Chairman, Board of Supervisors
Dated
D:ted JUL 3 -
ATTESTED:
Title
Mayor
..
Secretary of the Flood Control District
Address
300 N. "D" Street
San Bernardino, CA. 92418
Reviewed for Processing
Approved as to ~~~. Form/
/l;
.. ~/{&J
County Counsel'
Date ! O~ (~- G( (
Reviewed as to Affirmative Action
..
Date
..
Agency Administrator/CAD
Date
02-12459-697 Rev. 1/91
Page
4
of
4
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CITY OF
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San Bernardino
OFFICE OF THE CITY ADMINISTRATOR
RISK MANAGEMENT DIVISION
May 30, 1991
File No. 15.02-1173
Mr. Mina Ghaly
Department of Transportation/Flood Control
COUNTY OF SAN BERNARDINO
825 East Third Street
San Bernardino, California 92415-0835
Re: Joint Use of Property at Lynwood Drive and
Sand Creek Channel
FCD, Zone 2, File No. 2-502/2.09
San Bernardino, California
Dear Mr. Gahly:
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' compen-
sation and Employers' Liability policy with Transamerica
Insurance Group.
General liability insurance is covered with the City main-
tainig $1,000,000 SIR; $1,000,000 coverage through the Big
Independent cities Excess Pool (BICEP); an excess policy
issued by AIG in the amount of $8,000,000, and a $15,000,000
umbrella added by BICEP to complete coverage to $25,000,000.
The following paragraph is inserted as
Professional Liability coverage:
it relates to
"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
300 NOR"-H 0 STREET SAN BERNARDINO
CALIFORNIA 924180001 714/384-5308
PRIDE ~
1.;;1ESS
COUNTY OF SAN BERNARDINO
Department of Transportation/Flood control
FDC, Zone 2, File No. 2-502/2.09
Joint Use of Property at Lynwood Drive and Sand Creek Channel
May 30, ~99~
Page 2
negligence of insured, its officer, employees, agents or
subcontractors. All other provisions of this policy are
to remain unchanged."
If you h e any questions, please contact me.
of Risk Management
VFL/sf
cc: Pamela Thompson, Risk Manager
county of San Bernardino
Anne DeBolt, Real property Specialist
Public works/Engineering
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San -Bernardino
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RACHEL
K R A S N E Y
C 1 T Y C L E R K
July 5, 1991
Mr. Garry McGlasson
San Bernardino County Recorder
172 West Third Street
San Bernardino, California 92415
Dear Mr. McGlasson:
Enclosed is a certified copy of City of San Bernardino Resolution
No. 91-278 authorizing the acceptance and execution of a common
use agreement with the San Bernardino Flood Control District for
City built improvements, concerning property generally located at
the intersection of Lynwood Drive and the Sand Creek Channel,
west of Victoria Avenue. Resolution No. 91-278 was adopted on
July 1, 1991.
It is requested that said document be recorded and returned to
the City Clerk's office as soon as possible.
Sincerely,
'I . /1<. .
CA o-<--iU-L. - !'(.~'-<-<-r
RaChel Krasney ,
City Clerk
RK:pga
Enc!. 1
cc: Roger Hardgrave, Director,
Public Works/Engineering
POST OFFICE BOX 1318, SAN BERNARDINO,
CALIFORNIA 92402
300 NORTH D STREET
CALIFORNIA 92418 0001
7 1 4 I 3 8 4 . 5 1 0 2
SAN BERNARDINO
7 1 4 I 3 8 4 . 5 0 0 2
PRIDE -I
9ESS
~
Inc. Cities:
San Bernardino;
FCD, Zone 2 (SOO)-Gen'l;
Lynwood Drive;
Agree. 91-727
MINUTES OF THE BOARD OF SI RVI$ORS
OF SAN BERNARDINO COUNTY. CALIFORNIA
. .
July 29, 1991
FROM: Km A. MILlER, Director
TranspOrtaticn,lFloocS control
SUBJECT: cx::tM:N USE AGREEMENl' FtR USE OF DIS'llUCI"S SAND amEK RIGfI' OF WAY
IN 'mE S1lN ~ ARFA
FIIE: 2-502
REX:x:MlFlmATICN: ActiIq as the gcv~ l:xxiy of the Flood Control District,
approve Common Use Agreement betvleen the District and the city of san
Bernardino for oonstnIctian and maintenance of road inprovements on District
right of way.
~: '!he City has been issued a pennit to construct road iJtpravements
for ~ Drive on District owned lands la1c\o1n as the Sand Creek 01annel.
'Ibis a':jL....ment provides for the =ntinued tplICltian and maintenance of and
liability for the pennitted road inprovements.
REASON FOR RECOMMENDATICN: Board awraval is required to effect this
&:t.a..~it.
REVIEW BY OIHER DEPARIMENI'S: 'Ibis Agreement was reviewed by Dep.1ty Chmty
ca.msel Olarles S. ScDlastico on FebnIary 15, 1991, and by Risk Management
persomel en March 16, 1991.
FINANCIAL OM7\: No financial inpact to the District will result fran this
~.~uel1t.
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PRESENI'ER: }{en A. Miller
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Flood Control-Mina Ghaly
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City of San Bernardino
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Auditor wi agreement
Purchasing-Contract Complia e
Risk Management
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File wi agreement
Action of the Board of Supervisors
(
AGREEMENT NO. 91-727
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APPROY.f1) BOAR~!'oF. SUPERVISORS
COI:1NT~OF SAN, B~hRDINO
.=::- .~.- ~ '" .~ :~. f " '>.if ~ I;
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MOTION ~ve : Absent ',AVt!1l ~ Aye Motion
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ITEM 49
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ftew. 10,11
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~~New '
I M H, Change
X I Car,cel
I County Department Dept.
,Trans/Flood Control District 540
I Flood Control District Contract Representative
,
:Mina Q1aly
Fund Dept. Organization I Appr. ObJiRev Source
SPJ 540 540
I
I
r------
I Project Name .
l Sand Creek @ Lyn~ocdi----
: Drive
,
I
FOR COUNTY L NL Y
Vendor Cede De11
iSC ,A!
. Contract, Number
'11-7.,27
Orgn.
540
Contractor's License No.
Ph. Ext.
337-2597
Amount of Contract
0.00
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
,
Commodity Code
FY
Activity '[ GRCIPROJtJOB Number
FA29102
Estir:-:ated Payment Total by Fiscal Year I
Amount J..D FY Amount I!D I
I
-I
I
=1
THIS CONTRACT is entered into In the $'ote of California by and between the San Be,r3rdino County Flood Control District,
hereinafter calied the District, and
t~arTl"
City of San Bernardino
hsreinafter :5::eo
cn,.
,..~:::::,,~s
300 North "D" St.
San Bernardino, CA 92418
o. - ~
3:r:. : ;.~
384-5328
------.-----.--- ---~--_. -------
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!T ;S ....::?~BY .L.GREc: ,'::-3 :=O:..L.:>.'\ ,~;-
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'IllIS J\GREDIENT, made arrl entered into this day of
19_, by arrl between the CITY OF SAN BERNARDlliO, a municipal corporation of the
State of California, hereinafter referred to as "CITY", arrl the SAN BERNARDlliO
o:::uNI'Y FT..OOD CONTROL 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 District, the construction,
operation arrl maintenance of a box culvert crossing of Sanj Creek Olannel at
Lynwood Drive, which construction, operation arrl maintenance will necessitate
CITY'S use of certain District owned lands for road purposes; arrl
WHEREAS, CITY desires to construct, operate arrl maintain said box culvert arrl
appurtenances within DISTRIcr I.ANI:6 arrl within adjoining CITY lands, which
DISTRIcr lands are hereinafter referred to as "AREAS OF WolM::lN USE", which ARFAS
OF WolM::lN USE are shown on attached plat map marked "EXHIBIT "A"; arrl
FA29l02
:;--
1
4
WHEREAS, DISI'RIcr desires to preserve, maintain, construct am operate flood
control am water conservation works within am across said AREAS OF <XM-DN USE;
N<M, 'IHEREFORE, IT IS UNDERS'IOOD AND MUIUALLY J\GREE[) AS FO~:
1. DISI'RIcr hereby consents to the construction, reconstruction, maintenance
am operation of a box culvert am app.rrtenances thereto, at no expense to
the District within the AREAS OF <XM-DN USE am to allow CITY am the
travelin:J p.lblic to occupy am use said AREAS OF ~ USE for street am
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 Olief
Engineer of the DISI'RIcr,may interfere or conflict with any structures,
facilities, operation or uses which DISI'RIcr has or interrls to have upon
said lands, without first submittin:J plans of such =pancy or use to
DISI'RICT'S Olief Engineer 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 Olief
Engineer, the proposal does not interfere or conflict with the DISI'RICT'S
interests or the purpose of this agreement.
2. CITY, its successors am assigns shall assume full responsibility for the
operation and maintenance of am liability for the roadway facilities
(includin:J all roadway culverts, pipes am those portions of the bridge
structures, includin:J approaches, sidewalks am other appurtenant works),
from the soffit of the box culvert up.
3. CITY acknowledges DISI'RIcr'S right to AREAS OF ~ USE am the priority of
DISI'RICT'S right within AREAS OF <XM-DN USE. Except in emergencies, CITY
shall give reasonable notice to am obtain written approval from the DISI'RIcr
before perforrnin:J any work on CITY facilities in said AREAS OF <XM-DN 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 control am water conservation works.
2 of 4
4. CITY shall in::iemnify, defend an::i hold hannless the DISTRIcr an::i/or the
County of San Bernardino, their officers, agents, volunteers an::i errployees
from an::i against any an::i all clabns, demarrls, loss or liability of any kirrl
or nature which the DISTRIcr an::i/or County, their officers, agents, volunteers
or errployees, may sustain or incur or which may be imposed upon them, for
property damage an::i injury to or death of any persons.
Workers' ~nsation: statutory Workers' Cclnpensation Insurance. 'nle
CITY shall require the carriers of this coverage to waive all rights of
subrogation against the DISTRIcr or the County, their officers,
volunteers, errployees, =ntractors an::i subcontractors.
comprehensive General and Autanobile Insurance: 'nlis coverage to
include contractual coverage an::i automobile liability coverage for
~, hired, an::i non-owned vehicles. 'nle policy shall have canbined
single limits for l:x:x:lily injury an::i property damage of not less than
one million dollars ($1,000,000). Errors an::i omissions liability
insurance with canbined single limits of $1,000,000 for l:x:x:lily injury
an::i property damage.
CITY shall furnish certified copies of all policies an::i endorsements or
letters of self-insurance to the DISTRIcr evidencing the insurance
coverage above required prior to the ocmnencement of perfomance of
services heretmder, 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' Cclnpensation insurance coverage, shall obtain additional
endorsements naming the DISTRIcr an::i the County, their errployees, agents,
volunteers and officers as additional named insureds with respect to
liabilities arising out of the performance of services hereun::ier. All
policies required above are to be primary an::i non-a:>ntributing with any
insurance or self-insurance carried or administered by the County.
3 of 4
AGREEMENT: CONSTP"-~TION, OPERATION AND MAINT" -'ANCE OF BOX CULVERT
CROSS~ ,OF SAND CREEK CHANNEL AT INW00D DR.
5. DISI'RIcr has and reserves the right to use AREAS OF cx::t>MlN USE in any manner
not in conflict with CITY'S needs for the proposed public roadway inproverrent,
without ~5ity for any further permit or permission fran CITY. DISI'RIcr
shall, except in emergencies, give reasonable notice to CITY before performing
any work which may affect CITY'S facilities in said AREA OF cx::t>MlN USE.
THIS AGREEMENT shall inure to the benefit of and be binding upon the
successors and assigns of both parties.
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SIGNE~)j\l.. ~'fi(tB~A'II", ~Opy OF THIS
DO~E~.,iI;;~ml'ilEl1~~~'7)J THE CHAIR
M!tI Q['l"~.{!~~~!' ,'ov~ ~
:;:: ,.. EARbOIE S~A'L,.,. '. .~
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SAN BERNARDINCl:CQUf\fJ\)('i'[OOD CONTROL DISTRICT
Approved as to form
and legal content:
James F. Penman
City Attorney
~
Chairma
(U~
ervisors
Dated
JUl 2 9 1991
A TTErTCn.
Title
Mavor
~
Secretary of the Flood Control District
Address 300 N. "D" Street
San Bernar 'no CA 92418
:P'rO;m
County Counse '
Date f ~(., -cv
Reviewed as to Affirmative Action
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Date
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of
1
CITY OF
San Bernardino
OFFICE OF THE CITY ADMINISTRATOR
RISK MANAGEMENT DIVISION
May 30, 1991
File No. 15.02-1173
Mr. Mina Ghaly
Department of Transportation/Flood Control
COUNTY OF SAN BERNARDINO
825 East Third Street
San Bernardino, California 92415-0835
Re: Joint Use of Property at Lynwood Drive and
Sand Creek Channel
FCD, Zone 2, File No. 2-502/2.09
San Bernardino, California
Dear Mr. Gahly:
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' Compen-
sation and Employers' Liability policy with Transamerica
Insurance Group.
General liability insurance is covered with the City main-
tainig $1,000,000 SIR; $1,000,000 coverage through the Big
Independent cities Excess Pool (BICEP); an excess policy
issued by AIG in the amount of $8,000,000, and a $15,000,000
umbrella added by BICEP to complete coverage to $25,000,000.
The following paragraph is inserted as
Professional Liability coverage:
it relates to
300 J\,ORTH D STREET S~N BERNARDINO
;. - ::..~,:. a .. p (' C '-. 7 1 .. I 3 8 .. - 5 3 0 .
"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
PRIDE ~
~'N PROGRESS
~~--#
COUNTY OF SAN BERNARDINO
Department of Transportation/Flood Control
FDC, Zone 2, File No. 2-502/2.09
Joint Use of Property at Lynwood Drive and Sand Creek Channel
May 30, 1991
Page 2
negligence of insured, its officer, employees, agents or
subcontractors. All other provisions of this policy are
to remain unchanged."
If
please contact me.
of Risk Management
VFL/sf
cc: Pamela Thompson, Risk Manager
County of San Bernardino
Anne DeBolt, Real Property Specialist
Public works/Engineering
1 RESOLUTION NO. 91-278
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF A COHMON USE AGREE/'IENT WITH THE SAN BERNARDINO
3 COUNTY FLOOD CONTROL DISTRICT FOR CITY BUILT IHPROVE/'IENTS. CONCERNING PROP-
ERTY GENERALLY LOCATED AT THE INTERSECTION OF LYNWooD DRIVE AND THE SAND
4 CREEK CHANNEL. WEST OF VICTORIA AVENUE.
5 BE IT RESOLVED BY THE MAYOR AND COHMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
7
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 A~eement with the San Bernardino County Flood Control
10 District. a copy of which is attached hereto and incorporated by reference
11 herein, as fully as though set forth in length, marked Exhibit "A", for the
12 construction of a box culvert crossing, including curbs, gutters, landscap-
13 in~ and appurtenances. more particularly described in said Common Use A~ee-
14 ment and concerning that certain real property in the City of San
15 Bernardino, County of San Bernardino, State of California, generally located
16 at the intersection of Lynwood Drive and the Sand Creek Channel. Said City
17 consents to the recordation thereof.
18
SECTION 2.
The City Clerk of the City of San Bernardino shall
19 cause a certified copy of this resolution to be recorded in the office of
20 the Countv Recorder of the County of San Bernardino.
21
SECTION 3. The authorization to execute the above-referenced
22 a~eement is rescinded if the parties to the a~eement fail to execute it
23 within one hundred twenty (120) days of the passage of this resolution.
24 / I
25 I /
26 / I
27 I I
28 I I
06-10-91 1
1
2
3
4
5
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7
8
9
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18
19 of
20
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nl\-10-Ql
ACCEPTANCE ~ND EXECUTION OF COMMON USE AC ,MENT: LYNWOOD'DRIVE AT SAND
CREEK CHA~, ". WEST OF VICTORIA AVENUE.
I HEREBY CERTIFY that the fore~oin~ resolution was duly adopted by
the
Hayor and Common Council of the City of San Bernardino at a
reqular
meeting
thereof
held
on the 1st
day
of
July
. 1991. by the following vote. to-wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
HERNANDEZ
x
l'IAUDSLEY
x
HINOR
x
POPE-LUDLAM
x
HILLER
x
~
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f~"'(""'J"<-^i__'
j
The fore~oin~ resolution is herebv approved this 3rd
day
July 1991.
-j
Approved as to torm
and legal content:
James F. Penman.
City Attorney
2
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE:
August 5, 1991
FROM:
Roger Hardgrave, Director of Public Works, City
Engineer /') .~
! ^.~-- ,)
Rachel KraSne~\City Clerk
TO:
SUBJECT: Recorded Document
-----------------------------------------------------------------
Attached is the following recorded document:
Resolution No. 91-278 authorizing the acceptance and execution of
a Common Use Agreement with the San Bernardino Flood Control
District for City built improvements, concerning property
generally located at the intersection of Lynwood Drive and the
Sand Creek Channel, west of Victoria Avenue.
Signed:
/ .1,/ '1..,
... (. t l ~,
re9€ip1;.of the
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above mentioned document.
I hereby acknowledge
-- .-",
Dated:
By:
RK:pga
.-41
'.
RECORDED AT REQUE~T or.
AND MAIL TO
,""..........'o~u_.
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3PCOR 4lNNT
RECORDED IN
OFFICIAL RECORDS
91 A22 AHII:42
SAN BERNARDINO
CO.. CALlF.j
5 SVY 5_ _ DTT
6
91;;276119
H
1
RESOLUTION NO. 91-278
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AuTHORIZING THE
ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO
3 COUNTY FLOOD CONTROL DISTRICT FOR CITY BUILT IMPROVEMENTS. CONCERNING PROP-
ERTY GENERALLY LOCATED AT THE INTERSECTION OF LYNWooD DRIVE AND THE SAND
4 CREEK CHANNEL. WEST OF VICTORIA AVENUE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
7
8
SECTION 1.
That the Mayor of the City of San Bernardino is
hereby authorized and directed to execute and accept on behalf of said City.
9 a Common Use A~eement with the San Bernardino County Flood Control
10 District, a copy of which is attached hereto and incorporated by reference
11 herein. as fully as though set forth in lenl<th. marked Exhibit "A". for the
12 construction of a box culvert crossing. including curbs, gutters. landscap-
13 ing and appurtenances. more particularlv described in said Common Use A~ee-
14 ment and concerning that certain real property in the City of San
15 Bernardino. County of San Bernardino. State of California, generally located
16 at the intersection of Lynwood Driye and the Sand Creek Channel. Said City
17 consents to the recordation thereof.
18
SECTION 2.
The City Clerk of the City of San Bernardino shall
19 cause a certified copy of this resolution to be recorded in the office of
20 the County Recorder of the County of San Bernardino.
21
SECTION 3. The authorization to execute the above-referenced
22 a~eement is rescinded if the parties to the a~eement fail to execute it
23 within one hundred twenty (120) davs of the passage of this resolution.
24 / /
26 I /
27 I /
28 / /
06-10-91 1
06-10-91
ACCEPTANCE AND' EXECUTION OF COMMON USE AGREE!1ENT: LYNWOOD DRIVE AT SAND
CREEK CHANNEL, ~EST OF VICTORIA AVENUE. "
1
2
3
4
5
6
7
8
9
10
11
12
13
14
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mavor and Common Council of the City of San Bernardino at a
regular meeting thereof held all the 1st day of
July . 1991, bv the following vote, to-wit:
c:.
....
COUNCIL !1EMBERS AYES NAYS ABSTAIN I
--- ~
ESTRADA x ~
---- en
REILLY x ....
---~- ....
e.t:;
HERNANDEZ x
-----
MAUDSLEY x
-----
MINOR x
---
POPE-LUDLAM x
---
MILLER x
------
15
- . ~~'
_-----:L~~'.,...:~___:.:___:.:~~_k-
City Clerk -
16
17
18
3rd
day
The
foregoing resolution is hereby approved this
/'
19 of
July
, 1991.
/
20
21
22
23
24
...,
/
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, /
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/W. R:Ilo1ctlmb. Ma
City of San Bern
25
Approved as to form
and legal content:
26
27
28
James F. Penman.
City Attornev
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2
-~ Vendor Code : Dept.
I E ~ New : I I Contract Number
! MW Changei iSC: !A!
! Xii Cancel' i
i County Department Dept. Or9n. I Contractor's License No.
[Trans/Flood Control District 540 540
!Flood Control District Contract Representative Ph. Ext. , Amount of Contract
iMina Q,aly 337-2597 I 0.00
I Fund I Dept. I Organization I Appr. Obi/Rev Source i Activity I GRC/PROJ/JOB Number
540 , ! I I FA29102
I SPJ 1 540 I I I I
i Commodity Code I EstImated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name
Sand Creek @ Lymvoodi - - - -
,- - - -
Drive
,- - - -
[
FOR COUNTY USE ONL Y
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Res. 91-278
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
hereinafter called
CI'IY
300 North "D" St.
San Bernardino. CA 92418
Phone Birth Date
384-5328
FederClI 10 No or SOCial Security No.
!T IS HEREBY AGREED AS FOLLOWS:
rUse space below and additional bond sheers. Set forth serVice co be rendered, amount to be paid, manner of payment. rune for performance or completion.
:Jetermmatlon of satisfactory performance and cause for termmatlon, other terms and conaitions, and attach plans, specifications. and addenda. if any.)
'IHIS AGREEMENl', made am entered into this clay of
19_, by am bebleen the CITY OF SAN BERNARDlliO r a municipal corporation of the
state of California, hereinafter referred to as "CITY", am the SAN BERNARDlliO
CXlUNI'Y FIJXlD CDNIroL DISl'RIcr, a I:xxly corporate am politic of the state of
California, hereinafter referred to as "DISI'RIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the District, the construction,
operation am maintenance of a box culvert crossinq of Sani Creek C11annel at
Lynwood Drive, which construction, operation am maintenance will nec<?"'eitate
CITY'S use of certain District owned lams for road p.n:poses; am
WHEREAS, CITY desires to construct, operate am maintain said box culvert am
appurtenances within DISTRIcr IANIS am within adjoining CITY lams, which
DISl'RIcr lams are hereinafter referred to as "AREAS OF CXMoIJN USE", which AREAS
OF CXMoIJN USE are shown on attachoo plat map marked "EXHIBIT "A"; am
FA29102
1 4
,--------
"
~1-276119
WHEREAS, DISI'RIcr desires to preserve, maintain, =nstruct: am operate flood
control am water conservation works within am across said AREAS OF a:t-lK:N USE:
NCM, ~uRE, IT IS UNDERSTOOD AND MlJIUALLY AGREED AS FOl1D'lS:
1. DISTRIcr hereby consents to the construction, reconstruction, maintenance
am operation of a box culvert am a~ thereto, at no eJqJenSe to
the District within the AREAS OF ~ USE am to allow CITY am the
travelin;!' p.lblic to occupy am use said AREAS OF ~ USE for ::;L.......t am
highway purposes: provided, however, that no such use, occupancy,
=nstruct:ion, recxmstruction or maintenance, shall be effected by the CITY,
its su<X""'~ors 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 i.nterns to have upc:n
said lands,without first submittin;!' plans of such occupanc:y or use to
DISTRIcr'S arief En::Jineer at least thirty days prior to the date of such
inten:ied OCC'lll""1CY or use am obtain his written approval therefore, which
approval shall not be unreasonably withheld, if in the opinion of the Olief
En::Jineer, the proposal does not interfere or conflict with the DISI'RIcr'S
interests or the ];llU1Xl6e of this aYL~t.
2. CITY, its succeso/'rs am assigns shall assume full responsibility for the
operation and maintenance of am liability for the roadway facilities
(includi.ng all roadway culverts, pipes am those portions of the bridge
structures, includi.ng approaches, sidewalks am other awrrtenant works),
fram the soffit of the box culvert up.
3. CIT'i ackncwle:iges DISTRIcr'S right to AREAS OF ~ USE am the priority of
DISTRIcr'S right within AREAS OF ~ USE. Except in eIrergencies, CITY
shall give reasonable notice to am obtain written approval fram the DISTRIcr
before perfomin;J any work on CIT'i facilities in said AREAS OF a:t-lK: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 control am water conservation works.
2 of 4
I
"
~1-276119
4. CITY shall in::lemnify, deferrl an:i hold harmless the DISI'RIcr arrl/or the
County of san Bemardioo, their officers, agents, volunteers an:i enployees
from an:i against any an:i all claims, cle.mands, loss or liability of any kin:i
or nature which the DISI'RIcr arrl/or county, their officers, agents, volunteers
or enployees, may sustain or incur or which may be ~ upon them, for
property damage an:i injury to or death of any persons.
Worlters' (\ ..1..........tion: statutory Workers' O:JnpmSation Insurance. '!he
crTY shall require the carriers of this coverage to waive all rights of
subrogation against the DISTRIcr or the County, their officers,
volunteers, enployees, contractors an:i subcontractors.
comprehensive General and Aut-nnnh; le:rnsurance: 'Ibis coverage to
include contractual coverage an:i autarOOile liability coverage for
ClYIl'led, hired, an:i non-owned vehicles. '!he policy shall have cati:lined
si.nqle limits for bodily injury an:i property damage of not less than
one million dollars ($1,000,000). Errors an:i cani.ssions liability
i.nsuran::e with cati:lined si.nqle limits of $1,000,000 for bodily injury
an:i property damage.
crTY shall furnish certified copies of all policies an:i errlorsements or
letters of self-i.nsuran::e to the DISl'RIcr evidenci.nq the i.nsuran::e
coverage above required prior to the o....-...-t of perfon,unv"," of
services hereImder, which shall provide that such i.nsuran::e shall not
be terminated or expire except without thirty (30) days written notice
to the Department.
All policies, with respect to the i.nsuran::e coverage above required, except
for the Workers' O:JnpmSation insurance coverage, shall obtain additional
en:iorsements nami.nq the DISI'RIcr an:i the County, their enployees, agents,
volunteers and officers as additional named insureds with respect to
liabilities arisi.nq out of the perfonnance of services hereunder. All
policies required above are to be primary an:i non-=ntributi.nq with any
insurance or self-i.nsuran::e carried or administered by the county.
3 of 4
AGRFEMENT: CONSTRUCTION; OPERATION AND MAINTENANCE OF BOX CULVERT
CROSSING 'OF' SAND CREEK CHANNEL AT LYNWOOD DR.' ,". ,
5.
DISrnIcr has and reserves the right to use AREAS OF a::MoD'l USE in a:rrj manner
not in conflict with CI'lY'S needs for the proposed public roadway illllrovement,
witha.It ne<:le':sity for a:rrj further permit or permission fran CI'lY" DISrnIcr
shall, except in emergerx::ies, give reasonable notice to CI'lY before perfonn:i.n;J
a:rrj work which may affect CI'lY'S facilities in said AREA OF a::MoD'l USE.
THIS AGREEMENT shall inure to the benefit of and be binlin:.J upon the
SU""""""""rs and assigns of both parties.
Approved as to form
and legal content:
James F. Penman
City Attorney
ERNARDINO COUNTY FLOOD CONTROL DISTRICT
;J
~
1--
Cit of San Bernardino
~e If corpQFtfrion, c PiNlY, erc.)
~/~/-.-4..0_~/-' --
~ - ~-:/;:::;>,.:> ~ ~ .~
../' - ". ',' ')11 fAUII1r'Ud Signa/ure;
./ JUL J - ..
Dated
lan, Board of Supervisors
;TED:
Title
Mavor
300 N. "D" Street
San Bernardino, CA. 92418
Reviewed for Processing
.ary of the Flood Control District Address
~d as to Leqai Form Reviewed as to Affirmative Action
/ '
, /// '
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.
Agency Administrator/CAD
Counsel
\""_ -f
Date
Date
)-697 Rev, 1191
Page
4
4
of
~
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......
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~
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:11-27611:;
COUNTY OF SAN BERNARDINO
Department of Transportation/Flood control
FDC, Zone 2, File No. 2-502/2.09
Joint Use of property at Lynwood Drive and Sand Creek Channel
May 30, 1991
Page 2
negligence of insured, its officer, employees, agents or
subcontractors. All other provisions of this policy are
to remain unchanged."
If you h e any questions, please contact me.
VFL/sf
cc: pamela Thompson, Risk Manager
county of San Bernardino
Anne DeBolt, Real property specialist
public Works/Engineering
. . .
1
2
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241
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"
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
.., ,,0.
. '
91-276119
SS
I, RACHEL KRASNEY, City Clerk in and for the City of
San Bernardino, DO HEREBY CERTIFY that the foregoing and
attached copy of Resolution No. 91 278 , is a full,
true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto
affixed the official seal of the City of
5th day of July
set my hand and
San Bernardino this
, 1991.
7
Rachel Krasney
City Clerk
By ~~t~Aj~