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HomeMy WebLinkAbout1991-495 , 11/18/91 1 RESOLliTION NO. 91-495 2 A 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 THE CONSTRUCTION OF A BOX CULVERT, AND OTHER IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED AT THE WESTERN 4 AVENUE CHANNEL AND NORTHPARK BOULEVARD. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. That the Mayor 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 incorpor'ated 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 Californi", generally located 16 at the Western Avenue Channel and Northpark Boulevard. Said City consents 17 to the recordation thereof. 18 SECTION 2. The authorization to execute the above-referenced 19 agreement is rescinded if the parties to the agreement fail to execute it 20 21 22 23 24 within one hundred twenty (120) days of the passage of thi, resolution, / / / / / / / / / / 25 26 27 28 / / / / / / 1 11/18/91 ACCEPTi\~'.:': .WL EXtCLT.'O\ Of C';'["('\ ';8E :\GllFE"E\T: "}::,:["P'\ ;\VElil,!, CH:\\\EL .\T \ORTHP,\kK B{)\~_:LE\:,\RD.. 1 I HEREBY CERTIFY that the foregoing resolution was duly ddopted by 2 the Ndxor and Common Council of the C i tx of San Bernard ino at a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ., ._~!".~.9!lJ_i!_~___.___ _____Ille et i n g held thereof on the 16th day of December 1991, bX the following vote, to-wit: C.O~t!g~'iENBERi> : AYES NAYS ABSTAIN --..--- ABSENT -~----- ESTRADA x REILLY x HERNANDEZ x NAUDSLEY x MINOR x POPE-LUDLAN __J!:___ NILLER __J!:___ _ r?~_~:::________ R~KrasneX,-C~V-Clerk~-- The foregoing resolution is hereby approved this 19th day December 1991. / of /7~.</.4 :' /{+~:~~f~;~~~~~-------- City of .an Bernardino Approved as to form and legal content: James F. Penman, City Attornev "r-1-~~-- 2 , SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT FOR COUNTY US' 'L Y . 'Vendor Code l Contract Number A 7.;J.-/~5 Dept. 2 Orgn. Contractor's Ucense No. Amount of Contract Activity GRC/PAOJ/JOB Number FY Estimated Payment Total by Fiscal Y Bar Amount 110 FY Amount 110 Project Name Wp~tprn Avp Ch~nnel ~t Northp~rk Alvd. THIS CON.TRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the District, and Name rTTV n, ~dN R,RNARnTNO Address 3nn N "n" ~tr~~t hereinafter called "CITY" City of S Bdno. Res. No. 91-495 ~~~ PQrn9rnin~. r4 9?U1R Phone Birth Date ~ell_5111 Fe arallO No. or Social Security No. /5 02, -//Sb IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set fonh 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.) 'IRIS 1\GRJIDoIENT, made ani entered into this day of 19_, by ani between the CITY OF SAN BERNARDrno, a municipal corporation of the state of California, hereinafter referred to as "CITY", ani the SAN BERNARDrno CIXJNI'Y FIDOD CXlNI'ROL DISIRrcr, a body corporate ani politic of the state of California, hereinafter referred to as "DISIRrcr". WITNESSETH WHEREAS, CITY desires to effect, at no cost to the DISIRrcr, the construction, operation ani maintenance of a box culvert crossin;J of Western Avenue Olannel at Northpark Boulevard, which construction, operation ani maintenance will necessitate CITY'S use of certain DISIRrcr owned lan:ls for road pmposes; ani WHEREAS, CITY desires to construct, operate ani maintain said box culvert ani appurtenances within DISIRrcr IANDS ani within adjoining CITY lan:ls, which DISIRrcr lan:ls are hereinafter referred to as "AREAS OF o::M1::lN USE", which AREAS OF CXMoK)N USE are shown on attache:i plat map marked "EXHIBIT "A"; ani 02-12459-697 R.y. 1,3' F1I29015 EXHIBIT RAR Page --L_ of 5 . . WHEREAS, DISI'RIcr desires to preseJ:Ve, maintain, construct and operate flood control and water conservation works within and across said ARFAS OF o::t-M)N USE; NCW, ~u~, IT IS UNDERSTOOD AND Ml1IUALLY AGREED AS FO~: 1. DISI'RIcr hereby consents to the construction, reconstruction, maintenance and operation of a box culvert and appurtenances thereto, at no expense to the District within the ARFAS OF o::t-M)N USE and to allow CITY and the travel:irg public to cxx:upy and use said ARFAS OF o::t-M)N USE for street and highway purposes; provided, however, that no such use, occupancy, construction, reconstruction or maintenance, shall be effected by the CITY, its S11ccessOrs or assigns, in any manner which, in the opinion of the Chief Engineer of the DISI'RIcr,may interfere or conflict with any structures, facilities, operation or uses which DISTRIcr has or i.nter)js to have upon said lands, without first submitt:irg plans of such =1pancy or use to DISI'RIcr'S Chief Erqineer at least thirty days prior to the date of such inten:led =1pancy or use and obtain his written approval therefore, which approval shall not be unreasonably withheld, if in the opinion of the Chief Erqineer, the proposal does not interfere or conflict with the DISI'RIcr'S interests or the purpose 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 and those portions of the reinforced concrete bridge structures, including approaches, sidewalks and other app.rrtenant works, located above the bottom plane of the reinforced concrete bridge seats or soffit of deck structures, whichever is lowest). 3. CITY acknowledges DISI'RIcr'S right to ARFAS OF o::t-M)N USE and the priority of DISI'RIcr'S right within ARFAS OF o::t-M)N USE. Except in emergencies, CITY shall give reasonable notice to and obtain written approval from the DISTRIcr before performi.nq any work on CITY facilities in said ARFAS OF o::t-M)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 and water conservation works. . . 4. CITY agrees to: INDEMNIFICATION - 'lbe City agrees to iIxiemnify, defend anj hold harmless the DISTRIcr and/or the county and their agents, officers, volunteers and enployees against any and all claims or actions arising from CITY's negligent acts, errors or cmissions in perfonning services pursuant to this contract anj for any costs or expenses incurred by the DISI'RIcr an:l/or the County on account of any claim therefore. INSURANCE - In order to acccxnplish the in:iemnification herein provided for, rot without limiting the in:iemnification, the CITY shall secure and maintain t:hroughaIt the tenn of the contract the follCNing types of insurance issued by cx:mpanies aa::eptable to the Risk Manager with limits as shown: Workers CorluJensation - A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an am:>unt anj foon to meet all applicable requirements of the labor Code of the state of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the City anj all risk to such persons urrler this J\greernent. Comorehensive General anj Autorrobile Liabilitv Insurance - 'Ihi.s coverage to include contractual coverage anj autorrobile liability coverage for CNned, hired anj non-owned. vehicles. The policy shall have combined single limits for bexlily injury anj property damage of not less than one million dollars ($1,000,000). Errors anj Omissions Liabilitv Insurance - Combined single limits of $1,000,000 for bexlily injury anj property damage or Professional Liabilitv - Professional liability with limits of at least $1,000,000 per claim anj in the a~l~te. ADDmONAL NAMED INSURED - All policies, except for the Workers' Colrq;lensation coverage anj Errors anj Omissions or Professional Liability, shall contain additional endorsements naming DISI'RIcr an:l/or County enployees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the perfornance of service hereurrler. For Professional liability coverage the DISI'RIcr anj the County shall be narred as a designated person referencing this agreerrent's Contract No. on the policy . WAIVER OF SUBROGATION RIGHI'S - CITY shall require the carriers of the above required coverages to waive all rights of subrogation against the DISI'RIcr'S and the County's officers, volunteers, employees, contractors and subcontractors . ~ . . / roLICIES PRIMARY AND NON-a:>m'RIroTORY - All policies required above are to .be primary ard non-contributory with any insurance or self-insurance programs carried or administered by DISl'RIcr an::ljor the County. 1RX)F OF CDVERAGE - CITY shall immediately furnish certificates of :insurance to the DISl'RIcr evidencing the :insurance CO\1erage above required prior to the cc:rnmencerrent of perfonnance of savice hereurrler. 'Ihese certificates shall provide that such :insurance shall not be tenninated or expire without thirty (30) clays written notice to the DISl'RIcr an::ljor the County. within sixty (60) clays of the cc:rnmencerrent of this l\greeIllent the contractor shall furnish certified copies of the policies ard errlorsements. lllSURANCE REVIEW - '!he above :insurance requirements are subject to periodic review by the DISl'RIcr an::ljor the County. '!he County's Risk Manager is authorized, but not required, to reduce or waive any of the above :insurance requirements wherever the Risk Manager determines that any of the above insurance is not available, is unreasonable priced, or is not needed to protect the interests of the DISl'RIcr an::ljor the County. In addition, if the Risk Manager determines that heretofore unreasonable priced or unavailable type of insurance CO\1erage or CO\1erage limits became reasonable priced or available, the Risk Manager is authorized, but not required, to chan:1e the above insurance requirements to require additional types of insurance CO\1erage or higher CO\1erage limits, provided that any such chan:1e is reasonable in light of past claims against the DISI'RIcr an::ljor the County, inflation, or any other item reasonably related to the County's risk. Arrf such reduction or waiver for the entire tenn of the l\greeIllent ard any chan:1e requiring additional types of insurance CO\1erage or higher CO\1erage limits must be made by arren:hnent within thirty (30) clays of receipt. DISl'RIcr hereby acknowledges that CITY is self insured as to various :insurance coverages. DISI'RIcr hereby waives the requirem:mt for additional named insureds, for evidence of CO\1erage ard for notice of cancellation. See attached Eldribit "B" for insurance documentation. 5. DISl'RIcr has ard resaves the right to use AREAS OF a:l-M)N USE in any manner not in conflict with CITY'S needs for the proposed public roadway inprovement, without necessity for any further pennit or pennission from CITY. DISl'RIcr shall, except in emergencies, give reasonable notice to CITY before perfonning any work which may affect CITY'S facilities in said AREA OF a:l-M)N USE. AGREEMENT: CON.'JCTION OF BOX CULVERT AN~ 'HER IMPROVEMENTS AT WESTERN AVENUE CHANNEL ~ NORTHPARK BLVD. THIS AGREEMENT shall inure to the benefit of and be bi.n::iin:J upon the suCC<?'=<:t)rs and assigns of both parties. * * * * * * * * * * * * * * * By * Approved as to form and legal content: * * James F. Penman City Attorney " \; ~, " I' . . .') " I / By ~ --~ SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ~ Chair VJ~ Dated Dated FEB 24 1992 ATTESTED: Title Mayor N. "D" Street Bernardino. CA 92418 ~ Secretary of the Flood Control District 300 Address San :pr::;a~~: ~?/ coJnty ~seil Date In - 7 ~ _cC( Aevi ReViewed for Processing Date (O-'J-o-q, ... \4l,~~ Agency Administrator/CAD Date ~ 02.12459.697 Re.... 1,91 Page Ij of ,. ~~ ~ ~ . . ,. : '~~.:"'~~'>~"" 6: ':.~~...~~'~'~.>.:.~i"'" ,~..,y ~;(;"'~) ,'{I .-4",."V ...... ,.. . ,.-l,\,e:~\.:_;;,:.;,-:.>_:. ""-", - ~.f~~:; '~l..~ . . ...\.....:.. ,~.: ~..~ ~-.." ~,< ) .,. ,1':.-:'- J" .,.;.._. ". . .V CITY OF San Bernardino ..,',=" OFFICE OF THE CITY AOMINISTRATOR RISK MANAGEMENT OIVISION June 3, 1991 File No. 15.02-1156 CMr. Mina Ghaly Department of Transportation/Flood Control COUNTY OF SAN BERNARDINO 825 East Third Street San Bernardino, California 92415-0835 0.' Joint Use of Property at Western Avenue Channel At North Park Boulevard FCD, Zone 2, File No. 2-357/2.09 San Bernardino, California Dear Mr. Gahly: p 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 cover~d with the City main- tainig $1,000,000 SIR; $1,000,000 coverage through the Big Y 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 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 Coptrol District for box culvert maintenance, provided such liability results from an error, omission or 300 NORTH CALIFORNIA D S T R E E T 9 2 4 1 a 0 0 0 1 SAN BERNARDINO 7 1 4 I 3 a 4 . 5 3 0 a -"...q "~~T '-VH'-'.~T II-:O"'f .' ..... t.; !::~ t;J '.Sf'. PRIDE .l ~;fRESS .. j . . . COUNTY OF SAN BERNARDINO Department of Transportation/Flood Control FDC, Zone 2, File No. 2-357/2.09 Joint Use of Property at Western Avenue Channel at North Park Boulevard June 3, 1991 Page 2 negligence of insured, its officer, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged." If you have any questions, please contact me. Sincerely, victor F. Lorch Director of Risk Management VFL/sf cc: Pamela Thompson, Risk Manager County of San Bernardino Anne DeBolt, Real Property Specialist Public Works/Engineering EXHIBIT uB" l i --~f n~~iIl "" c, i -" '=:. i. ~ ~~ "- -,,:; <:> ~I" ;'\.; 1.., l... t.;: Nil ""~ -ti, 1" ~ .i\! ''CI~ ~ ~ 1) I'\JJ f<-~~ ~ --",___.3G~ - .---..: 'j.~ l(' I, In ~_ _ .'L ~; 'J ~ .. "\I '" '.... ,,) ~'<:: ~"" " ~ " :}. ~~ .~ ~-<l~ ~~ ' !("< I I , I 1 --i.-_ \ " ,~ ~ I I I I I ! t / ! :';0' '-' ~~ '"i,; ('\.1." '(\~ It)~ ~ t,,.') r" /00' ~ S~ ~ ~ ;. A. ,~ i~ ~ ~ ~ 3'9 1,.-..." ! \J I i 1"'~ i ~ 8 ~' .~ \ b~):'1 ; I~, IS ~ ' .~~ , ~ ./:/0/--6': ~, '~: 'II ---, i. For Cl//vert' /1nd Trans/hon I. ~ j Shed /Yo:' G J 7' //"d S"a/~ I ~ : --I Slandard Oraw/ng:s, Sh".,/~ . ,- : I.. For R/gM of Wa~ Sel!' OW! &I ,'\ f.,' .' :-..-:: ~,i i '_~I, ,', I . " ..!:' tV...;.? L3 ...LDA ~ R= 20 . Ll: 90. /2,' //" r. 2,0.07' J. . 3/. ~, . ,0: ":>1 >, '. 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