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HomeMy WebLinkAbout1991-496 '.\ 11/18/91 1 2 3 4 5 6 7 8 RESOLUTION ~O, 91-496 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON IJSE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A REINFORCED CONCRETE BRIDGE AND OTHER IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED AT THE DEVIL CREEK CHANNEL AND 48TH STREET, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTI ON 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 Agreement with the San Bernardino County Flood Control 10 District, a cOP.l! 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 reinforced concrete bridge, including curbs, gutters, 13 landscaping and appurtenances, more particularly described in said Common 14 Use Agreement and concerning that certain real property in the City of Sail 15 Bernardino, County of San Bernardino, State of Cal iforni a, genera 11y located 16 at the Devil Creek Channel and 48th Street. Said City consents to the 17 recordation thereof. 18 SECTION 2. The authorization to execute the above-referenced 19 agreement is rescinded if the parties to the agreement fai I to execute it 20 within one hundred twenty (120) days of the passage of this resolution. 21 22 23 24 25 26 27 28 / / / / / / / / / / / / / / / / I r 11/18/91 ACCEPLI'ICE ltiD EXEC'~'TIO' Of C0'1'10' LSEV;PEf'1E'T: DEVIL CREEK CH\\""~:T,\ T 48TH STREET '; 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a on the _li.tl1 day ___~~~l~~_______meeting thereof held of 4 __1?~.!;~~_"_______ 1991, by the following vote, to-wit: 5 6 7 8 9 10 11 ABSTAIN ---- ABSENT COUNCIL MEMBERS: AYES NAYS ESTRADA __.J!:_ REILLY __lL HERNANDEZ _.J!:_ MAUDSLEY __lL MINOR __.J!:_ 12 POPE-LUDLAM 13 MILLER __X-__ __X-__ 14 15 16 17 18 19 20 21 22 23 24 25 26 _Q ~__~.!..A d ~__________ R~h'iI Krasnet-'cityC.cl~~r- foregoing resolution is hereby approved this 19th day The of _____Q~!<emQ~L........__________, 1991. / / ~/! -- 7 ,/'/,." / - ' / ", / / " " /" ",/"'I d~om.,~cL'T- City of San Bernard'no Approved as to form and legal content: James F. Penman, City Attorney 27 28 By: i.---~--------- 2 dW FOR COUNTY . Vendor Cod. -"LY Change X Cancel County Department Contract Number A &J~ -/'7'1 Dept. Orgn. Contractor's License No. Flood Control District Flood Control District Contract Representative 092 092 Ph. Ext. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT 2597 Obj/Rev Source Amount of Contract -0- Activity GAC/PROJ/JOB Number RFF ,~~-~: . FY Estimated Payment Total by Fiscal Year Amount 110 FY Amount 110 Project Name Devil Creek @ 48th Street 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 CITY OF SAN BERNARDINO Address hereinafter called "CITY" ~oo North "D" Street City of 5 Bdno. Res. 91-496 S"n Rern"rdino, CA 92418 Phone Birth Date (714) ,R4-S111 Federal 10 No. or Social Security No. /500.-1/57 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 rermination, other terms and conditions. and attach plans, specifications, and addenda, if any.) 'IHIS AGREEMENI', made arxi entered into this day of 19_, by arxi between the CITY OF SAN BERNARDINO, a numicipal =:rporation of the state of California, hereinafter referre::l to as "CITY", arxi the SAN BERNARDINO CXlUNI'Y FLOOD cx:>Nl'ROL DISI'RIcr, a body =:rporate arxi politic of the state of California, hereinafter referre::l to as "DISI'RIcr". WITNESSETH WHEREAS, CITY desires to effect, at no cost to the DISI'RIcr, the =nstruction, operation arxi maintenance of a reinforced =ncrete bridge crossin:J of Devil Creek Channel at 48th Street which construction, operation arxi maintenance will necessitate CITY'S use of certain DISI'RIcr owned lan::ls for road purposes; arxi WHEREAS, CITY desires to =nstruct, operate arxi maintain said new reinforced =ncrete bridge arxi appurtenances within DISI'RIcr I1\NIl3 arxi within adjoining CITY lan::ls, which DISI'RIcr lan::ls are hereinafter referre::l to as "AREAS OF m1MJN USE", which AREAS OF <n1M::>N USE are shown on attached plat map marked "EXHIBIT "A"; arxi F1I29OD EXHIBIT "A" ,)2-1;:459-697 R,v, 1,~' Page _~ of 5 . . WHERFAS, DISl'RIcr desires to preserve, maintain, construct an.j operate flood control arxl. water conseIVation W'Orks within arxl. across said AREAS OF o:r-M:lN USE; NCM, 'lHEREFORE, IT IS UNDEI<S'I1XlD AND MUruALLY J\GREED lIS FOu.avs: 1. DISl'RIcr hereby consents to the construction, reconstruction, maintenance arxl. operation of reinforced concrete bridge arxl. appurtenances thereto, at no expense to the District within the AREAS OF <nlM)N USE arxl. to allow CTI'Y arxl. the travelirq public to <XX:Upy arxl. use said AREAS OF <nlM)N USE for street arxl. highway purposes; provided, however, that no such use, occupancy, construction, reconstruction or maintenance, shall be effected by the CTI'Y, its SU~~Qrs or assigns, in any manner which, in the opinion of the Cbief Engineer of the DISl'RIcr,may interfere or conflict with any structures, facilities, operation or uses which DISl'RIcr has or intends to have upon said larxl.s,without first submittirq plans of such occupancy or use to DISl'RIcr'S Cbief Enjineer at least thirty days prior to the date of such i.n:ten:led OCC'Ilpancy or use arxl. obtain his written approval therefore, which approval shall not be unreasonably withheld, if in the opinion of the Cbief Enjineer, the proposal does not interfere or conflict with the DISl'RIcr'S interests or the purpose of this agreement. 2. CTI'Y, its successors arxl. assigns shall assume full responsibility for the operation and maintenance of arxl. liability for the roadway facilities (including all roadway culverts, pipes arxl. those portions of the reinforced concrete bridge structures, including approaches, sidewalks arxl. other appurtenant works, located above the bottom plane of the reinforced concrete bridge seats or soffit of deck structures, whichever is lowest). 3. CTI'Y acknowledges DISl'RIcr'S right to AREAS OF <nlM)N USE arxl. the priority of DISl'RIcr'S right within AREAS OF o:r-M:lN USE. Except in emergencies, CTI'Y shall give reasonable notice to arxl. obtain written approval from the DISl'RIcr before performirq any work on CTI'Y facilities in said AREAS OF a::t1M)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 an:! water conservation works. . . 4. CITY agrees to: INDEMNIFICATION - The City agrees to irxl.ernnify, deferrl arx:l. hold hannless the DISTRICT and/or the county and their agents, officers, volnnteers arx:l. enployees against any arx:l. all claims or actions arising from CITY's negligent acts, errors or omissions in performing services pursuant to this contract arx:l. for any costs or expenses incurred by the DISl'RIcr an:ljor the ColUlty on aCCount of any claim therefore. INSURANCE - In order to accomplish the irxl.ernnification herein provided for, but without limiting the irxl.ernnification, the CITY shall secure arx:l. maintain throughout the teJ:m of the contract the following types of insurance issued by CClll1;laJ1ies acceptable to the Risk Manager with limits as shown: Workers Comoensation - A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an anount arx:l. fonn to meet all applicable requirements of the Iahor Code of the state of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the City arx:l. all risk to such persons uroer this Agreement. Comprehensive General arx:l. Automobile Liabilitv Insurance - This coverage to include contractual coverage arx:l. automobile liability coverage for owned, hired arx:l. non-owned vehicles. The policy shall have combined single limits for bodily injury arx:l. property damage of not less than one million dollars ($1,000,000). Errors arx:l. Omissions Liabilitv Insurance - Combined single limits of $1,000,000 for bodily injury arx:l. property damage or Professional Liabilitv - Professional liability with limits of at least $1,000,000 per claim arx:l. in the aggtegate. ADDmONAL NAMED INSURED - All policies, except for the Workers' Compensation coverage arx:l. Errors arx:l. Omissions or Professional Liability, shall contain additional errlorsements naming DISIRIcr an:ljor ColUlty enployees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of service hereuroer. For Professional liability coverage the DISIRIcr arx:l. the County shall be named as a designated person referencing this agreement's Contract No. on the policy . WAIVER OF SUl3RCX;ATION RIGHTS - CITY shall require the carriers of the above required coverages to waive all rights of subrogation against the DISIRIcr'S and the County's officers, volunteers, employees, contractors and subcontractors . . . roLICIES PRIMARY AND NON-<XlNI'RIIUroRY - All policies required above are to be prbnary an::l non-contributory with any insurarx::e or self-insurarx::e programs carried or administered by DISl'RIcr arxl/or the County. PROOF OF COVERAGE - CITY shall i1mnedi.ately furnish certificates of insurarx::e to the DISI'RIcr evidencing the insurarx::e =verage above required prior to the commencement of perfornance of 5eIVice hereurrler. '!hese certificates shall provide that such insurarx::e shall not be tenninated or expire without thirty (30) days written notice to the DISI'RIcr arxl/or the County. within sixty (60) days of the commencement of this J\greeIrent the contractor shall furnish certified copies of the policies an::l en:iorsements. lliSURANCE RE.VIEW - '!he above insurarx::e requirements are subj ect to periodic review by the DISI'RIcr arxl/or the County. '!he County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurarx::e requirements wherever the Risk Manager detennines that any of the above insurarx::e is not available, is unreasonable priced, or is not needed to protect the interests of the DISI'RIcr arxl/or the County. In addition, if the Risk Manager detennines that heretofore unreasonable priced or unavailable type of insurarx::e =verage or =verage limits become reasonable priced or available, the Risk Manager is authorized, but not required, to chan::Je the above insurarx::e requirements to require additional types of insurarx::e =verage or higher =verage limits, provided that any such chan::Je is reasonable in light of past claims against the DISI'RIcr arxl/or the County, inflation, or any other item reasonably related to the County's risk. Arrj such reduction or waiver for the entire tenn of the J\greeIrent an::l any chan::Je requiring additional types of insurance =verage or higher =verage limits must be mde by ameOOlrent within thirty (30) days of receipt. DISTRIcr hereby acknowledges that CITY is self-insured as to various insurarx::e =verages. DISI'RIcr hereby waives the requirement for additional named insured for evidence of =verage an::l for Notice of Cancellation. See attached Exhibit "B" for insurarx::e documentation. 5. CITY, its successors an::l assigns, agrees that in the event the DISI'RIcr proposes an inprovement within the Area of Comroc>n Use which interferes with the CITY'S facilities, the CITY will relocate its facilities within the Area of Common Use at its own expense provided the DISI'RIcr gives the CITY sufficient notice to do so. For the p.u:poses of this clause relocation is deemed to be all or any portion of CITY facilities. '!he CITY shall construct any relocation in a nanner that is acceptable to the DISI'RIcr. AGREEMENT: CONa"TCTION OF REINFORCED CON~"'E BRIDGE AT DEV. i<EEK CHANNEL AND 48TH S'.'. 6. DISI'RIcr has arrl reserves the right to use AREAS OF a::t1MJN USE in any manner not in =nflict with CITY'S needs for the proposed p.mlic roadway :inprovement, without l1eC(>c:c:ity for any further pennit or pennission from CITY. DISTRIcr shall, except in emergencies, give reasonable notice to CITY before performing any work which may affect CITY'S facilities in said AREA OF a::t-lM:lN USE. THIS AGREEMENT shall inure to the benefit of arrl be biOOing upon the successors arrl assigns of both parties. S!G~!ED AND CERTIFlarTH~nil:oe.t DF THIS DOCUMENT HAg BEEN O"ElIVE.REO TO ~HAIR, MAN Df T!lf'BOARO. " ': /I"'\, EARLENE SI'flOA T '" .\ Clerk of the Board of SupeTviSllfs -, \ o the County of an Bernsnuno" :,~\ By Approved as to form and legal content: James F. Penman City Attorney , , _" I "/ / i ~ / / SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT tu~ upervisors Dated FEB 24 1992 By · y, etc.) . Chai .Il. TTESTED: Title Mayor N. "D" Street Bernardino, CA 92418 . Secretary of the Flood Control District 300 Address San AP~proved as to Leg~~ .J · "/'~r Co ty Counsel Date //)- 2'1Y - 9,.. . I Reviewed for Processing ,~\"\ I Agency Administrator/CAQ j Date . Date ~O-'SO-~f 02.12459.697 ~'\1. 1.'91 Page 5 of .5 .i . ~...-.._-. ". CITY OF San Bernardino OFFICE OF THE CITY ADMINISTRATOR RISK MANAGEMENT DIVISION ,June 3, 1~~J. File No. 15.02-1157 CMr. Mina Ghaly ~epartment of Transpor~ation/Flood Control COUNTY OF SAN BERNARDINO 825 East Third Street San Bernardino, California 92415-0835 0.' Joint Use of Property at De~il Creek Channel at 48th Street FCD, Zone 2, File No. 2-301/2.09 San Bernardino, California Dear Mr. Gahly: . -""'. lx ., ~ REcaVED Jllll 21 19\;1 fED,RAL fRO :mst fLUQ9 CQ~<fR1)L EaGI/\E@ihG 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 maintain. s an Excess Workers' Compen- sation and Employers' Liability policy with Transamerica Insurance Group. General liability insurance iscover~d 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. 1 The following paragraph is inserted Professional Liability coverage: as it to relates "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 NORTH 0 STREET SAN BERNARDINO CALIFORNIA 924180001 714/3'4.5301 r-" ,.l' 81T IlDU ...;dal ~ PRIDE ~. _ ';~.IN PROGRESS ~;;rl ~ . . . COUNTY OF SAN BERNARDINO Department of Transportation/Flood Control FDC, Zone 2, File No. 2-301/2.09 Joint Use of Property at Devil Creek Channel at 48th Street 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 :~~~,~':!B!T "Ll'~'_ .d 11 i 1-4 iI ~ -; ~ ..... '" i ~ ~ t o n ~ r 3 . :1 c v- I' o "'D~~ ~9 J", '. !o.. \ \ II . ~I J' Ir,-,- IllllflM . I , n.. ,,~'"'''' "; 0'4'.71 '. I.' " .....CUlIl. .' IIU.""'.O""(''' .. ..,"".....It . , ? ,;. ~ ~; .~ ,i -;~ f.: " 0 o ' . n , '? '" ",~ " ' ~~:~A ~:;;i ~ ~"4""-: zn..' ~~~n ::l := i... - ti~...:=~ z ,...O~2 Q "'~~iA6 OIlllCW Ci: ! :~... 0( =ui ij Ai . < ~ ~ ~ ~ I/lI"":Z ...00 ..."~ ~ ... a . 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