HomeMy WebLinkAbout22- Public Works }ile No. 1:7.112-12V1
CITY OF SAN BERN! ZDINO - REQUEST P R COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Authorize Execution and Acceptance
of a Common IJse Agreemeni with the
Dept: Public Works/Engineering San Bernardino County Flood Control
District: Devil Creek Diversion at
Date: April 11, 1994 Kendall IJrive and Cajon Boulevard
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
(A z e�erl
cc: Shauna Clark, City Administrator S at re
James F. Penman, City Attorney
Contact person: Anne DeBolt Phone: 532H
Supporting data attached: Staff Report. Man. Resolutinn Ward: 5 F fi
FUNDING REQUIREMENTS: Amount: unr,a
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Iz oil,
)5-0262
Agenda Item No.
CITY OF SAN BERN/ IDINO - REQUEST F1'R COUNCIL ACTION
STAFF REPORT
The City of San Bernardino is widening and improving both Kendall Drive and Cajon
Boulevard at the existing bridge crossings. The Flood Control District has
agreed to this plan and has given us a Common Use Agreement for the joini: use of
these two areas.
This individual acceptance is necessary as the Common Use Agreement from the
County contains certain conditions and covenants. The document, however, does
not contain any unduly adverse restrictions or reservations, and no appropriation
of money is required.
The Flood Control District has accepted our self insurance status as evidenced by
the attached letter, and the subject letter has been attached to the agreement as
required.
Upon execution of the Common Use Agreement by the Mayor, the 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.
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1 RESOI.UTTON NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT-
ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
3 FLOOD CONTROL DISTRICT FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS
PORTIONS OF DEVIL CREEK DIVERSION CHANNEL ACROSS BOTH CAJON BOULEVARD ANT)
4 KENDALL DRIVE RIGHT-OF-WAY.
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 ropy 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 widening and improvement of the bridges on Cajon Boulevard and Kendall Iirive
13 more particularly described in said Common Use Agreement and concerning that
14 certain real property in the City of San Bernardino, County of San Bernardi-
15 no, State of California, generally located across portions of the Mill Basin
16 right-of-way at the bridges crossing Cajon Boulevard and Kendall Drive.
17 Said City consents 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 within one hundred twenty (120) days of the passage of this resolution.
21
22
23
24
25
26
27
28
04/11/94 1
ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: STREET WIDENING AND OTHER
IMPROVEMENTS — T -"IL CREEK DIVERSION CHANNEL AT -% ION BLVD. AND KENDALL DR.
1 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of Sari Bernardino at a
3 _ _ _ meei.ing thereof held on t-.he day of
4 1994, by the following vote, to—wit :
5
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 NF.GRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 DEVLIN
12 POPE—LUDLAM
13 MILLER
14
15
16 Rachel Clark, City Clerk
17
18 The foregoing resolution is hereby approved this ------ day of
19 -- --- ------------- 1994.
20
21
Tom Minor, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content:
25
26 James F. Penman,
City Attorney
27 n
28 By'_ /e�
04/11/94 2
FOR COUNTY US LY
+o tAUarr rtoppc
1XMI —Encel w Vendor Code Contract Number
ange ��
n County Department Dept. Orgn. Contractor's License No.
is r4lnoeM>�,
FTmn mmTpr)T, DISTRICT M2 D92
Flood Control District Contract Representative Ph. Ext. Amount of Contract
SAN BERNARDINO COUNTY Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROOJ/JOB Number
FLOOD CONTROL DISTRICT i FA29313
F A S Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount 1/D
STANDARD CONTRACT Project Name _
rlatril mask nivPMJ C1 _ — —
at Karriall drive, aryl — —
Cajon ]PIriJMMrrJ
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
Add,.. C=Y OF! .Silfi BEFNATITIT b hereinafter called CITY
- Q00 North Dstreet
Can Ee=a?y91Jm (`n 9241A
Phone Binh Date
�Or1q� 'iAA—Al 7l
Federal ID No.or Social Security No.
1ga_n9 — 179i
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.l
THIS AGREEMENT, made and entered into this day of , 19_, by
and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of
California, hereinafter referred to as "CITY", and the-SAN BERNARDINO C7(AN17 FLOOD
CONTROL DISTRICT, a body corporate and politic of the State of California, hereinafter
referred to as "DISTRICT'.
W I T N E S S E T H
WHEREAS, CITY desires to effect, at no cost to the DISTRICT, the widening including
operation and maintenance of the existing bridge crossings of the DISTRICT'S Devil
Creek Diversion Channel at Kendall Drive and at Cajon Boulevard which operation and
maintenance will necessitate CITY'S use of certain DISTRICT owned lards for road
purposes; and
WHEREAS, CITY desires to construct, operate and maintain said widening projects and
existing reinforced concrete bridges and appurterlarlces within DISTRICT lards and within
adjoining CITY lards, which DISTRICT lards are hereinafter referred to as "AREAS OF
COMMON USE", which AREAS OF COMMON USE are shown on attached plat maps marked EXHIBIT
"A" and E a= "B" attached hereto and made a part hereof;
0
WF1EREAS, DISTRICT desires to preserve, maintain, construct and operate flood control
and water conservation works within and across said AREAS OF COMN10N USE;
NOW, THEREFORE, IT IS UNDERSTOOD AND MUIUALLY AGREED AS FOLLOWS:
1. DISTRICT hereby consents to the construction, reconstruction, maintenance and
operation of bridge crossings and appurtenances thereto, at no expense to the
DISTRICT within the AREAS OF CON40N 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, sha11 be effected by the CITY, its successors or assigns, in any manner
which, in the opinion of the chief Engineer of the DISTRICT, may interfere or
conflict with any structures, facilities, operation or uses which DISTRICT has or
intends to have upon said lards, without first submitting plans of such occupancy
or use to DISTRICT'S Chief Engineer at least thirty days prior to the date of such
intended occupancy or use and obtain his written approval therefore, which approval
shall not be withheld, if in the opinion of the Chief Ergineer, the proposal does
rot interfere or conflict with the DISTRICT'S interests or the purpose of this
agreement.
2. CTN, 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 bridge structures, including approaches,
sidewalks and other appurtenant works, located above the bottom plane of the bridge
seats or soffit of deck structures, whichever is lowest) .
3. CITY acknowledges DISTRICT'S right to AREAS OF COMMON USE and the priority of
DISTRICT IS right within AREAS OF COMMON USE. Except in emergencies, CTTY shall give
reasonable notice to and obtain written approval from the DISTRICT before performing
any work on CITY facilities in said AREA OF C94M USE, where such work will be
performed within channel or levee areas, if which said work will in any way alter
or obstruct the flaw of or potential flaw of waters within said flood control and
water conservation works.
4. CITY agrees to:
INDEMNIFICATION - The CITY agrees to indemnify and hold harmless the DISTRICT and/or
the County and their agents, officers, volunteers and employees from and against
any and all claimers or actions arising from CITY'S negligent acts, errors or
omissions in performing services pursuant to this contract and for any costs or
expenses incurred by the DISTRICT ardor the County on account of arty claim
therefore.
INSURANCE - In order to accomplish the indemnification herein provided for, but
without limiting the indemnification, the CITY shall secure and maintain throughout
the term of the contract the following types of insurance issued by companies
acceptable to the Risk Manager with limits as shown:
Workers compensation - A program of Workers' Cessation insurance or a
state-approved Self-Insurance Program in an amount and form 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 and all risk to such persons under
this Agreement.
Pnvc ? cF 'I
cmvrehensive General and Automobile Liability Insurance - This coverage to
include contractual coverage and automobile liability coverage for awned,
hired and non-owned vehicles. The policy shall have combined single limits
for bodily injury and property damage of not less than one million dollars
($1,000,000) .
Errors and Omissions Liability Insurance - Combined single limits of
$1,000,000 for bodily injury and property damage or
Professional Liability - Professional liability with limits of at least
$1,000,000 per claim and in the aggregate.
ADDITTONAL NAMED INSURED - All policies, except for the Workers' Compensation
coverage and Errors and Omissions or Professional Liability, shall contain
additional endorsements naming DISTRICT and/or the County of San Bernardino and
their employees, agents, volunteers and officers as additional named insured with
respect to liabilities arising out of the performance of service hereunder. For
Professional Liability Coverage, the DISTRICT' and the County shall be named as a
designated person referencing this Agreement's Contract Number on the policy.
WA= OF SUBROGATION RIGHTS - CITY shall require the carriers of the above required
coverages to waive all rights of subrogation against the DISTRICT'S and the County's
officers, volunteers, errployees, contractors and subcontractors.
POLICIES PR.IDARY AND NON-EDNPRI - All policies required awe are to be
primary and non-contributory with any insurance or self-insurance programs carried
or administered by DISTRICT and/or the County.
PROF OF COVERAGE - CITY shall immediately furnish certificates of insurance to the
DIS=CT evidencing the insurance coverage above required prior to the oamrencement
of performance of service hereunder. These certificates shall provide that such
insurance shall riot be terminated or expire without thirty (30) days written notice
to the DISTRICT and/or the County. Within sixty (60) days of the ommencement of
this Agreement, the contractor shall furnish certified copies of the policies and
endorsements.
INSURANCE REVIEW - The above insurance requirements are subject to periodic review
by the DISTRICT and/or the County. The 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
unreasonably priced, or is not needed to protect the interests of the DISIRICr
andd/or the County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits
became reasonably priced or available, the Risk Manager is authorized, but not
required, to change the above insurance requirements or to require additional types
of insurance coverage or higher coverage limits, provided that any such change is
reasonable in light of past claims against the DISTRICT ad/or the County,
inflation, or any other item reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change
requiring additional types of insurance coverage or higher coverage limits mist be
made by amerdtment within thirty (30) days of receipt.
Page 3 of 4
DISTRICT hereby acmcwledges that CITY is self insured as to various insurance
coverages. DISTRICT hereby waives the requirement for additional named insureds,
for evidence of coverage and for notice of cancellation.
See attached Exhibit "C" for insurance documentation.
5. DISTRICT shall indemnify and hold harmless the CITY, their officers, agents,
volunteers and employees from and against any and all claims, demands, loss or
liability of any kind or nature which the CITY ardor their officers, agents,
volunteers or employees, may sustain or incur or which may be imposed upon them,
for property damage and injury to or death of any persons caused by the DISTRICT'S
negligent use of the AREAS OF COMMON USE and for any costs or expenses incurred by
the CTTY on account of any claim therefore.
6. DISTRICT has and reserves the right to use AREAS OF COMMON USE in any manner riot
in conflict with CTTY'S needs for the proposed public roadway improvement, without
necessity for any further permit or permission from CITY. DISTRICT shall, except
in emergencies, give reasonable notice to CITY before performing any work which may
affect CITY'S facilities in said AREAS OF COMMON USE.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors
and assigns of both parties.
Approved as to form
and legal content:
JAMES F. PENJAN
City Attorney —
By: �.
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CITY OF SAN BERNA EU
a Municipal corporation
► (State if corporation, company, etc.)
Chairman, Board of Supervisors
By ►
Dated (Axhor¢ed Signn/are)
Dated TOM N=R, Mayor
ATTESTED: Attest:
Title Cal ty Clerk
► 300 North 'V' Street
Secretary of the Flood Control District Address SatLBernardinn, CA 99418
Approved as to Legal Form Reviewed as to Affirmative Acton
�I Reviewed for Processing
NIA
County Counsel!�
�`/!nom/� i Agency Administrator/CAD
Date V y Date Date _
0:-1395e-691 Rev. 1191 4 -, 4
►�
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City of San Bernardino
City Administration/Risk Management Division
300 N.•D'Street
San Bernardino, CA 92410
Victor F. Lorch Shauna Clark-
Director,Risk Management City Administrator
CERTIFICATE OF INSURANCE
OR SELF-INSURANCE
In the event of cancellation of the self-insurance programs or policies designated below,it is the intent of the
City of San Bernardino to mail 30 days'prior notice thereof to:
County of San Bernardino
Flood Control District
The City of San Bernardino certifies thatthe following self-insurance programs or insurance policies are in force:
Devil Creek Diversion at
Kendall Drive and Cajon Boulevard
COMPANY AND POLICY LIMITS OF LIABILITY
TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Property Damage
Comprehensive
General Liability
incl.Auto Liability Self-insured indefinite $1,000,000 Combined Single Limits
Excess Comprehensive Big Independent 7/1/93 -
General Liability Cities Excess $25,00 ,000 x
Incl.Auto Liability Pool - B004 6/30/94
$1,000 D00
Workers
Compensation self-insured indefinite statutory no coverage
O
T
H
E
R
This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino,Risk Management Di n.
cc Anne De Bolt , Public Works
Victor
4/14/94 Director of Risk k Management G,� ti-
City of San Bernardino
Date Authorized Representative si rran
v
For information regarding the above self-insurance policies,please contact Risk Management Division at(909)384-5308
RffiKJ.Oe Il-pl —