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Home My WebLink About1990-417 , \ '" 1 2 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 09-24-90 RESOLUTION NO. ____~=~~_~ A 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 THE WIDENING OF RIALTO AVENUE, AND OTHER IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED EAST OF MACY STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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, 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 fully as though set forth in length, marked Exhibit "A", for the widening of Rialto Avenue, and including construction of a box culvert crossing, including curbs, gutters, landscaping and appurtenances, more particularly described in said Common Use Agreement and concerning that certain real property in the City of San Bernardino, County of San Bernardino, State of California, generally located East of Macy Street on Rialto Avenue. Said City consents to the recordation thereof. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within one I I I I I I I I I I I I I I I I hundred twenty (120) days of the passage of this resolution. 1 , . -:' 1 2 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 09-24-90 ACCEPTAtiCE AND EXECl'TION OF CO'l'lO'\ L'SE AGREE'lE\'T: RIALTO AVEtil'E. EAST OF NACY snEET I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ~c~~~,,~____meeting thereof _~~.~__, 19 7?i?, by the following vote, to-wit: held /5~ day the of on COUNCIL MEMBERS ESTRADA AYES V NAYS ABSTAIN REILLY Jr-- FLORES v MAUDSLEY v~ MINOR / POPE-LUDLAM -- v MILLER r-- " -~~---~ -------- C~lerk -'-~-'-----=-"_r_ The foregoing resolution is hereby approved this ~~ day of A. /- ./. -/ ---~~ , 19 J1c-> . /-- / , " _.'----J,-1 _/'-' __/'- _,,") // / ! // / / //. /' _~,i!#:~...>c/ .' '#'?/>--- / w; R. H~; Mayor /' City of SafrBernardino , ./ Approved as to form and legal content: James F. Penman, City Attorney -'1.2..:1~~_________ 2 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT FOR DISTRICT USE OIllL Y San Bernardino County Flood ContrOl District Contract Number Flood Control District Contract Representative Contractor's License Number: Mina Ghaly 2597 Ph. Ext. Budget Unit No. I Sub-Object No. I Fun~9N;. I JO;;;S914 I Amount of Contract 010 Project Name: If contract has more than one payment or receipt, complete the following: East Rialto Storm Drain - Common Use Agreement Payments Estimate: Approximate Amount Each: TH IS 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 Add ress 300 N. "D" Street San Bernardino, CA 92418 Phone Sinh Date hereafter called CITY 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 terminationl other terms and conditions, and attach plans, specifications, and addenda, if any.) 'IHIS AGREEMENT, made and entered into this clay of 19_, by and between the CITY OF SAN BERNARDINO, a municipal =l:pOration of the state of Califo:mia, hereinafter referred to as "CITY", and the SAN BERNARDINO <XXJNI'Y FI.OOD CDNl'RDL DISTRIcr, a body =l:pOrate and politic of the state of California, hereinafter referred to as "DISTRIcr". WITNESSETH WHEREAS, CITY desires to effect, at no cost to the District, the =nstnlction, operation and maintenance of a street widening project for Rialto Avenue across portions of F1IST RIAI1TO STORM DRIAN Right-of-Way which =nstnlction, operation and maintenance will necessitate CITY'S use of certain District owned lan::ls for road purposes; and WHEREAS, CITY desires to =nstn!ct, operate and maintain said road widening and appurtenances within DISTRIcr IANCS and within adjoining CITY lan::ls, which DISTRIcr lan::ls are hereinafter referred to as "ARFJIS OF cn1MJN USE", which ARFJIS OF ~ USE are shown on attached plat map marked "EXHIBIT A"; and FAlB9C6 2.12459.691 Rev. 11/80 Page_ of_ WHEREAS, DISTRIcr desires to preserve, maintain, construct and operate flood control and water conservation works within and a=oss said AREAS OF COMMON USE; NCM, 'IHEREFORE, IT IS UNDERS'IOOD AND MUIUALLY AGREED AS roI.I.CmS: 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 COMMON USE and to allow CITY and the traveling public to occupy and use said AREAS OF COMMON 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 Q("("Ilf'ClIlCY 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 purpose 'Of this agreement. 2. CITY, its suCC'€ssors 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 COMMON USE and the priority of DISTRIcr'S right within AREAS OF COMMON USE. Except in emergencies, CITY shall give reasonable notice to and obtain written approval from the DISTRIcr before performing any work on CITY facilities in said AREAS OF COMMON 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, defend and hold hannless the DISTRICT an1jor the County of San Ben1ardino, their officers, agents, volunteers and employees from and against any and all clailns, demands, loss or liability of any kind or nature which the DISTRICT and/or County, their officers, agents, volunteers or employees, may sustain or incur or which may be inp:lsed upon them, for property damage and injUlY to or death of any persons. Workers' o:.npensation: statutory Workers' Compensation Insurance. '!he CITY shall require the carriers of this coverage to waive all rights of subrogation against the DISTRICT or the County, their officers, volunteers, employees, contractors and subcontractors. comprehensive General and 1llItanobile Insurance: '!his coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. '!he policy shall have combined single limits for bodily injUlY and property damage of not less than one million dollars ($1,000,000). Errors and omissions'liability insurance with combined single limits of $1,000,000 for bodily injUlY and property damage. CITY shall furnish certified copies of all policies and endorsements to the DISTRICT evidencing the insurance coverage above required prior to the commencement of perfOI:lllaIlce of services hereunder, which shall provide that such insurance shall not be tenninated 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 endorsements naming the DISTRICT and the County, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. DISTRICT HEREBY ACKNOWLEI:GFS THAT CITY IS SELF lllSURED AS 'TO VARIOUS lllSURANCE COVERAGES. DISTRICT HEREBY WAIVES 'lllE REQUIREMENT FOR ADDITIONAL NAMED lllSURED, FOR EVIDENCE OF COVERAGE AND FOR NOTICE OF CANCELlATION. SEE ATI'ACHED EXHIBIT "B" FOR INSURANCE r:oaJMENTATION. 5. DISTRIcr has arrl resel:Ves the right to use ARFAS OF cn-M:lN USE in any manner not in conflict with CITY'S needs for the proposed public roadway inprovement, without necessity for any further penni.t or penni.ssion from CITY. DISTRIcr shall, except in emergencies , give reasonable notice to CITY before perfonning any work which may affect CITY'S facilities in said AREA OF cn-M:lN USE. THIS AGREEMENT shall inure to the benefit of arrl be binding upon the successors arrl assigns of both parties. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT Dated Dated ~ Chairman, Board of Supervisors ATTESTED: Title 'ill d!tl'l'V / ~ Secretary of the Flood Control District Address Approved as to Legal Form Roviewed as to Affirmative Action Reviewed for Processing ~ ~ ~ County Counsel Agency Administrator/CAO Date Date Date 02-12459-697 Rev. 11/80 Page_ of_ ~ ~, & ~ ~ \:) "tI. ~ .:t ~ ~ ~ ~ ;1'\ X :t ..... 0:1 - -4 - ~ . Jllo0t7 lISilN A.c. (}YElflAY 711 mfTr~iNE ~:\.. ~O (jl ..., '- P'iC, .u~z~ -....... _.. _"~"l...) )J - )> Ci o l' .. '" ~ - n\ 8 ~ ~~;;... . , ~ Ii~~~ I "(,fJ.!I "l ""~<I _ I\J~)l <II 8 ~~!!\ . :'a~! , ~ \...;1 .III' J II /111. I,D I'D :,t '" ,[;1111 ~li:JLL "! I'~I - .. I"", , I":~ I " I:~~ - /1'11 i ". ill" liD ~l. ~"'J'*H _"'-0,- ..:...... -~ -*(-"') '-I, GJ , . Q ~ <. m Z c m r_~ {j\ " ,- {j\ {j\ ~ {j\ en ~ IiI I II" 1 IliM lillo-- iiI Iii! I: ~ I HI- , 'UH' -' 6vrr.H CITY OF San Bernardino OFFICE OF THE CITY ADMINISTRATOR RISK MANAGEMENT DIVISION September 24, 1990 File No. 15.02-1107 Mr. Mina Ghaly Department of Transportation/Flood Control County of San Bernardino 825 East Third Street San Bernardino, CA 92415-0835 Re: Joint Use of Property at Rialto Avenue East of Macy Street 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 insured for any workers' compensation claim and maintains an Workers' Compensation Policy through the Big Independent Cities Pool for statuatory limits. employer's liability. self- Excess Excess With respect to general liability coverage, we are $1,000,000. The Big Independent Cities Excess Pool coverage up to $25,000,000. self-insured for (BICEP) provides Pursuant to your instructions, 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, ommission, or negligence of the Insured, its officers, employees, agents or JOO NORTH 0 STREET SAN BERNARDINO C....LIFORNIA 924180001 714/3.4.530. JIll PRIDE : .~ IN PROGRESS .~/ , . September 24, 1990 FCD, Zone 2, File No. 2-105/2.09 Joint Use of Property at Rialto Avenue, East of Macy Street Page Two subcontractors. unchanged. " All other provisions of this policy are to remain If you have any questions, please contact me. V ct r Lorch Director of Risk Management VL/ld cc: Pamela Thompson, Risk Manager County of San Bernardino Anne DeBolt, Real Property Specialist Public WorksfEngineering