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CI1'Y OF SAN BERN(jIDINO - REQUEST ~ COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Authorize Execution and Acceptance
of a Common Use Agreement with the
San Bernardino County Flood Control
Di strict - Bridge at Devil Canyon
Diversion Channel and Hallmark Pkwy
Dept:
Public Works/Engineering
Date:
June 9, 1992
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator
James F. Penman, City Attorney
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Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached: Staff Report, Map, Resolution
Ward:
6
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No,)
IAcct, DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.3 /
CITY OF SAN BERNaDINO - REQUEST I():t COUNCIL ACTION
STAFF REPORT
The City of San Bernardino is building a bridge across the intersection of the
Devil Creek Diversion Channel and Hallmark Parkway - in the area where Hallmark
Parkway and Industrial Parkway are being extended to meet each other and to
accommodate improvements installed by an adjoining subdivision.
The Flood Control District has offered a ~ommon Use Agreement which is acceptable
to the City which provides us with the authority to do the necessary work on the
project.
This individual acceptance is necessarY a~ the Common Use Agreement from the
County contains certain conditions and covenants. The document, however, does
not contain any undulv adverse restrictions or re~ervation~, and no appropriation
of money is required.
The Flood Control District has accepted our self in~urance status as evidenced bv
thp attached letter, and the sub.iect letter has been attached to the agreement as
required.
Upon execution of the Common Use Agreement by the Mayor, thp document will be
returned to the Flood Control District for their execution and recording,
It is therefore Staff's recommendation that the Resolution be adopted and the
document(s) be executed.
06/09/92
2
75-0264
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RESOLUTION NO,
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 CONSTRUCTION OF A BRIDGE AND OTHER
IMPROVEMENTS, ACROSS PORTIONS OF THE DEVIL CREEK DlVERSION CHANNEL RIGHT-OF-
WAY AND HALLMARK PARKWAY,
BE IT RESOLVED BY TIJ}: MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOJ,LOWS:
SECTION 1.
That the Mayor of the Citv of San Bernardino is
8 herebv authori zp.d and di rected to executp. and accp.pt on beha If of sa id Citv,
9 a Common Use A~reement with the San Bernardino COllntv Flood Control
10 District, a cop~' of which is attached hereto and incorporated hy reference
11 herein, as fullv as thou~h set forth in length, marked Exhibit "A", for the
12 construction of a bridge and appurtenances, more particularly described in
13 said Common Use Agreement and concernin~ that certain real property in the
14 City of San Bernardino, County of San Bernardino, State of California.
15
16
17
18
generally located across portions of the Devil Creek Diversion Channel
right-of-way at Hallmark Parkway. Said City consents to the recordation
thereof,
SECTION 2.
The authorization to execute the above-referenced
19 agrp.ement is rescinded if tbe parties to the agreement fai 1 to execute it
20 within one hundred twenty (120) days of the pessagp. of this resulution.
21 / /
22 / /
23 / /
24 / /
25 / /
26 / /
27 / /
28 / /
06/09/92 1
-, ,
06/09/92
ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: BRIDGE AT DEVIL CREEK
DIVERSlO" -'IIANNEL AND HALLMARK PARKWAY
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted bv
2 the Mayor and Common Council of the City of San Bernardino at a
3 _,_.______ ________meeting
thereof
held
on the
day
of
4
5
6
, 1992, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
COUNCIL MEMBERS:
- - _n_" __. _._ . .._ n_
An:s
7 ESTRADA
8 REILLY
9 HERNANDEZ
10 MAUDSLEY
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12
13
14
15
16
17
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19
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25
26
27
28
MINOR
POPE-LUDLAM
MILLER
Rachel Krasnev, City Clerk
The foregoing resol uti on i.s herebv approved thi s
dav
of , 1992.
W. R, Holcomb, Mavor
Ci.tv of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
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, FOR COUNTY U J,/LY
E New Vendor Code m"PI, Contract Number
M Change SC A
X Cancel
County Department Dept. Orgn. Contractor's License No.
Trans/Flood Control Distric 092 092
Flood Control District Contract Representative Ph, EXI. Amount of Contract
Mina Ghaly 2597 -0-
Fund I Dept. I Organization I Appr. I ObjlRev Source AClivily I GRC/PROJ/JOB Number
RFF 092 092 FA29119
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount I/O
Project Name
Devil Creek - - - -
Diversion
@ Hallmark Parkway - - - -
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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 N. "D" Street
San Bernardino, CA 92418
Phone Birth Dete
714-384-5111
Federal 10 No. or Social Security No.
15,02 - 1241
IT IS HEREBY AGREED AS FOLLOWS:
(Use space belOW and additional bond sheets. Se: forth s(!fvice to be ~e;,"l(jered. amount to be paid, manner of payment time for performance or compietion,
determination of satisfactorl performance and cause fer termination, other terms and conditions, and attach plans, specifications, and addenda, if any,)
'!HIS 1\GREEMENI', made and entered into this day of
19_, by and between the Cl'lY OF SAN BERNARDINO, a mmicipal oozporation of the
state of California, hereinafter referred to as "Cl'lY", and the SAN BERNARDINO
a:xMI'Y FIOOD ~L DISIRIcr, a body ocn:pcnate and politic of the state of
California, hereinafter referred to as "DISIRICl'''.
WITNESSETH
WHERFAS, Cl'lY desiIes to effect, at no cost to the DISIRIcr, the
=nstn.Jction, operation and maintenaooe of a sin]le span bridge crossin] alen;
HallInark Parkway on DISIRIcr'S Devil Creek Diversion whim canstructi.on,
operation and maintenance will I',,,,",,c"'itate Cl'lY'S use of certain DISIRIcr owned
laJDs for road pw:pcses; and
WHERFAS, Cl'lY desiIes to .......E>w.1.I'Ct, c:pmite and maintain said new
reinforced CXl\~..te bridge and ~ within DISIRIcr IANrS and within
adjoinin] Cl'lY laJDs, whim DISIRIcr laJDs are hereinafter referred to as "AREA
OF CXMI::fi USE", whim AREA OF ~ USE is shcMn on attached plat map marked
"EXHIBIT "A"; and
F1l29ll9
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WHERElIS, DIS'llUCI' desires to pzcserve, maintain, oOIl..Lu!Ct and operate
flood control and water ccnservation works within and across said ARFA OF cnH:H
USE;
N:M, ~1Jt(,t;, IT IS Ul'i~<lOOD AND KmlALLY' 1lGREED AS FOI.U:MS:
1. DISlRICI' hereby consents to the construction, rec:onstzuc:tion, maintenance
and operation of a sin;Jle span bridge crossin;J and ~ thereto,
at no expense to the District within the ARFA OF CXHI:I'i USE and to allaw
CITY and the travelin;J plblic to cxx:upy and use said ARFA OF CXHI:I'i USE
for street and highway p.u:poses; provided, however, that no such use,
occupancy, construction, recor...Lu!Ction or maintenance, shall be effected
by the CITY, its S'1C'C'?SS'ors or assigns, in any manner which, in the c:pinion
of the ati.ef En;Jineer of the DIS'llUCI', may interfere or conflict with any
stnIctures, facilities, operation or uses which DIS'llUCI' has or :int:ems
to have upon said lams, wit.hoot first sul:mittin;J plans of such 00CI1paI'lCy
or use to DIS'llUCI" S ati.ef En;Jineer at least thirty days prior to the date
of such interned 00CI1paI'lCy or use and obtain his written ~
therefore, which ~ shall not be withheld, if in the c:pinion of the
ati.ef En;Jineer, the p~l does not interfere or conflict with the
DIS'llUCI"S interests or the p.u:pose of this ~..=e11t.
2. CITY, its S1~~Ors and assigns shall "''''''''lire full responsibility for the
operation and maintenance of and liability for the roadway facilities
(incl\ldin;J all roadway culverts, pipes and those partialS of the sin;Jle
span bridge stnIctures, inc1\ldin;J ~, sidewalJcs and other
~ 1o'Orks, located above the bottan plane of the bridge seats or
soffit of deck stnIctures, whichever is lowest).
3. CITY acknowledges DISlRICI"S right to ARFA OF CXHI:I'i USE and the priority
of DIS'llUCI"S right within ARFA OF cnH:H USE. Except in emergencies,
CITY shall give reasonable notice to and obtain written ~ fran the
DISlRICI' before perfonnin:J any work on CITY facilities in said AREl\S OF
CXHI:I'i USE, where such 1o'Ork will be perfonned within dIannel or levee
areas, if which said work will in any way alter or abst:ruct the flaw of
or potential flaw of waters within said flood ~lL...ul and water
ccnservation 1o'Orks.
Page 2 of 5
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4.
CITY agrees to: (;)f1A
INDEMNIFICATICN - '!he city agrees to indemnify, .,... aIXi hold hannless
the DISmIcr an:ljor the county aIXi their agents, officers, volunteers aIXi
enployees against any aIXi all cl..i- or actions arisin;J ftan CITY's
negligent acts, errors or anissions in perfOl:1llin1 services p.m;uant to this
'-<n1W.act aIXi for any costs or expenses iJx:urred by the DISmIcr an:ljor the
Ca.mty on ac:xnmt of any claim therefore.
INSURANCE - In order to aOCCllplish the indemnification herein provided for,
l::ut without limitin;J the indemnification, the CITY shall secure aIXi
maintain thrt::A.1ghoot the term of the contract the followin:J types of
insurance issued by cxmpanies acceptable to the Risk Manager with limits
as shown:
Workers O:InDensation - A FL<.yLaIU of Workers' ".,\.-.sation insurance
or a state-approved Self-Insurance P.L<.yLaIU in an am:lUI1t aIXi fODll to
meet all ~licable requirements of the I.aI:Jor O:lde of the state of
Califonria, includin;J ~loyer's Liability with $250,000 limits,
coverin;J all persons providin;1 services on behalf of the city aIXi
all risk to sud1 persons under this Agreement.
Callcrehensive General aIXi Antt"lllrJhile r.i..hi.litv Insurance - 'lhi.s
ccverage to incllXie contract:ual ccverage aIXi autald:>ile liability
ccverage for owned, hired aIXi non-owned vehicles. 'lhe policy shall
have CXIItlined sin;Jle limits for bodily injury aIXi ~~ty damage
of not less than one million dollars ($1,000,000).
El....u.<:S aIXi Clnissions Liabilitv Insurance - Canbined sin;Jle limits
of $1,000,000 for bodily injury aIXi property ~ or
Professional T,;,.hilitv - Professional liability with limits of at
least $1,000,000 per claim aIXi in the ~~te.
ADDITICNAL NAMED INSURED - All policies, except for the Workers'
n '''l-ensation ccverage aIXi Errors aIXi Clnissions or Professional Liability,
shall contain additional errlorsement:s ~ DISmIcr an:ljor Ca.mty
enployees, agents, volunteers aIXi officers as additional named insured with
respect to liabilities arisin;J art: of the perfcmnanoe of service he.reurxier.
For Professional liability ccverage the DISIRIcr aIXi the Ca.mty shall be
named as a designated person refererx::in;J this l!y............lt's Contract No. on
the policy.
WAIVER OF stJlRXOATICN RIGIfI'S - CITY shall require the carriers of the abCJIIe
required coveraqes to waive all rights of subrogation against the
DISmIcr'S aIXi the Ca.mty's officers, volunteers, enployees, .....1W...ctars
aIXi subcontractors.
Page 3 of 5
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roLI~ PRIMARl/' AND NCN-<TWI'RTRm:lRY - All policies required above are
to be primary am nar......,Lcil:utozy with any insurance or self-insurance
pr"':jLCUlb carried or administered by DISmIcr and/or the County.
PRJOF OF CXlVER1lGE - CITY shall ;1'I'II1I'iI;Ilte1y furnish certificates of
insurance to the DISmIcr evi.dencin;J the insurance ooverage above required
prior. to the c:x:mnerx:leIII of perfonnaooe of sel:Vice hereurDer. 'lbese
certificates shall provide that such insurance shall not be tetminated or
expire without thirty (30) days written notice to the DISmIcr and/or the
County. within sixty (60) days of the o""-'JOeIIIeI,t of this ~........,.1t the
contractor shall furnish certified ~ies of the policies am emorsements.
INSURANCE REVIE.W - 'Ihe above insurance requirements are subject to periodic
review by the DISmIcr and/or the County. 'Ihe County's Risk Manager is
authorized, but not required, to reduce or waive any of the above insurance
requirements wherever the Risk Manager deteDDines that any of the above
insurance is not available, is unreasonably priced, or is not ~ to
protect the interests of the DISmIcr and/or the County. In addition, if
the Risk Manager deteJ:mines that heretofore unreasonably priced or
unavailable type of insurance ooverage or ooverage limits ~'" reasonably
priced or available, the Risk Manager is authorized, but not required, to
d1an;Je the above insurance requirements to require additional types of
insurance coverage or higher ooverage limits, provided that any such d1an;Je
is reasonable in light of past c1aiJDs against the DISmIcr and/or the
County, inflation, or any ather item reasonably related to the County's
risk.
Any such reduction or waiver for the entire teJ:m of the J\o,ju.eluE!ht am any
d1an;Je requirin;J additional types of insurance ooverage or higher ooverage
limits DUSt be made by 1lIIIeOOmel1t within thirty (30) days of receipt.
DISmIcr hereby ackrx:lwledges that CITY is self insured as to various .
insurance coverages. DISmIcr hereby waives the requirement for additional
nanEd insureds, for evidence of ooverage am for notice of canoellation.
See attached Exhibit "B" for insurance documentatim.
5.
DISTRIcr shall imemnify am hold hannless the CITY their officers, aqents,
volunteers am arployees fran am against any anlJ.l 01"';-, demarJjs, loss
or liability of any kin:i or nature Wich the CITY and/or their officers,
aqents, volunteers or enployees, may sustain or incur or Wich may be
i"V""""'l upon them, for property damage am injury to or death of any
persons caused by the DISmIcr'S negligent use of the ARFA OF CDM:'N USE.
6.
.
DISmIcr has am reserves the l:'ight to use ARFA OF <:x:JoM:N USE in any manner
not in conflict with CITY'S needs for the PL'..,osed plblic roadway
iDpravement, without J1""""'X'coity for any further pennit or pennission fran
CITY. DISmIcr shall, except in emergencies, give reasanable notice to
CITY before perfonnin;J any loIOIic Wich may affect CITY'S facilities in said
ARFA OF CDM:'N USE.
'!HIS l\GREEMENl' shall imre to the benefit of am be birr:iin3 upon the
S"~~':>rS am assigns of both parties.
Page 4 of 5
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AGREEMENT: CONSTRUCTION OF BRIDGE AND OTHER IMPROVEMENTS,
DEVIl REEK DIVERSION CHANNEL AN'~ ..1ALLMARK PARKWAY
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Approved as to form
and legal content:
James F. Penman
City Attorney
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
ByL_9, &~
C
..
Chairman, Board of Supervisors
CITY OF SAN BERNARDINO,
a Municipal Corporation
(State if corporation, company, etc,)
By ..
Dated
(Aurl1oriZM Sign/llun)
Dated
ATTESTED:
..
Secretary of the Flood Control District
Address
300
San
Mayor
North "D" Street
Bernardino. CA
92418
Title
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Dale :$ - 2-1 -'[7
Review(l1 8S to Affirmative Action
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Reviewed for Processing
Dale 5~~o-9~
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Agency Administrator/CAO
Date