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CITY OF SAN BERN~DINO - REQUEST FOR COUNCIL ACTION
From:
ROGER G. HARDGRAVE. Director
Subject:
Authorize Execution and Acceptance
of a Common Use Agreement with the,
San Bernardino County Flood Control
District: Devil Creek Channel at
46th Street
Dept:
Public Works/Engineering
Date:
November 16, 1991 .
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark. City Administrator
James F. Penman. City Attorney
{Jt,~
Contact person:
Anne DeBolt
Phone:
5326
Supporting data attached:
Staff Reoort. Mao. Resolution
Ward:
4
FUNDING REQUIREMENTS:
Amount:
Nnnp
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Council Notes:
1
75.0262
Agenda Item No
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CITY OF SAN BERN(JIDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Approximately 2 years ago, the City of San Bernardino constructed and is operat-
ing and maintaining a reinforced concrete bridge at the crossing of the Devil
Creek Storm Drain Channel at 48th Street. This construction was done to
eliminate a bad dip in the road. There is no Common Use Agreement on file for
this project. Execution of this document will eliminate this problem.
The Flood Control District will not grant an easement over the land in question
as they must also use the area in the maintenance of the Devil Creek Storm Drain
at the above location. They have therefore offered a Common Use Agreement which
is acceptable to us, and provides us with the authority to do the necessary work.
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.
75-0264
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11118/91
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1 RESOLLTION ~O.
2 A RESOLUTION OF THE CITY OF SAt; BERNARDINO AliTHORIZI'lG THE
ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO
3 COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A REINFORCED CONCRETE
BRIDGE AND OTHER IMPROVEMENTS, CONCERNING PROPERTY GENERALLY LOCATED AT THE
4 DEVIL CREEK CHANNEL AND 48TH STREET.
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 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 San
15 Bernardino, County of San Bernardino, State of California. generally located
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at the Devil Creek Channel and 48th Street. Said City
consents to the
recordation thereof.
SECTION 2.
The authorization to execute the
above-referenced
19 agreement is rescinded if the parties to the agreement fail to execute it
within one
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hundred twenty (120) days of the passage of this resolution.
1
11/18/91
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48TH STREET
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
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the
Mayor
and Common Council of the City of San Bernardino at a
meeting
thereof
held
on the
dav
of
, 1991, by the following vote, to-wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
--- ---.----
ESTRADA ---- ---
REILLY --- ----
HERNANDEZ ------ --
MAUDSLEY
------ ----
MINOR
------ --
POPE-LUDLAM ---- --
MILLER
-----
Rachel Krasney, City Clerk
The
foregoing resolution is hereby approved this
day
of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
By: ~~ 9.~
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M Change
X Cancel
County Department
Flood Control District
Flood Control District Contract Representative
FOR COUNTY U
Vendor Code
LY
pt.
Contract Number
sc
A
Dept. Orgn.
092 092
Ph. Ext.
2597
Obj/Rev Source
Contractor's License No.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
Amount of Contract
-0-
Aetivitv GRC/PROJ/JOB Number
RFF
FY
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount I/O
Project Name
Devil Creek @
48th Street
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"
,00 North "0" Street
S~n RernArdino, CA q2418
Phone Birth Date
(714) ,84-<;111
Federello No. or Social Security No.
15. o:J.. -/16'7
IT IS HEREBY AGREED AS FOLLOWS:
(Use spacs below and additional bond sheers. 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, spscifications. and addenda, if any.)
'IHIS ~, made am entered into this clay of ,
19_, by am between the CITY OF SAN BERNARDIN:>, a mmicipal COl:pOraticn of the
state of Califomia, hereinafter referred to as "CITY", am the SAN BERNARDIN:>
CXXJNI'l( FLOOD CXNI'R)L DIS'mIcr, a body =pozate am politic of the state of
Califomia, hereinafter referred to as "DIS'mIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the DIS'mIcr, the OOIIbw.<lCtion,
operation am maintenance of a reinforced concrete bridge crossin;J of Devil Creek
Channel at 48th Street which construction, operaticn am maintenance will
J"""'O"'oitate CITY'S use of certain DIS'mIcr owned lams for road p.nposes; am
WHEREAS, CITY desires to oanstruct, operate am maintain said new reinforced
concrete bridge am aIPJrtenances within DIS'mIcr IANm am within adjoinin;J CITY
lams, which DIS'mIcr lams are hereinafter referred to as "ARE'AS OF CXHDl USE",
which ARE'AS OF a:Ht:N USE are shown on attached plat map marked "EXHIBIT "A"; am
w.29Ol3
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WHERElIS, DIS'lRIcr desires to presexve, maintain, canstroc:t an:1. operate flood
cxmtrol an:1. water =nservation 1NOrks within an:1. across said AREAS OF c:xHD'l USE;
NCW, 'lHEREFORE, IT IS UNIlERS'lOOD AND K1IUALLY AGREED AS FUr.t.a'lS:
1. DIS'lRIcr hereby consents to the OOI...l.L\JCtion, reconstJ:uction, maintenance
an:1. operation of reinforce:i concrete bridge an:1. appurtenan;:es thereto, at no
expense to the District within the AREAS OF CXH<<:'N USE an:1. to allCM CI'lY an:1.
the travel~ pJblic to occupy an:1. use said AREAS OF c:xHD'l USE for street an:1.
highway purposes; provided, however, that no such use, occupancy,
canstroc:tion, reconstJ:uction or maintenance, shall be effected by the CI'lY,
its S1lO"'e"~Ors or assigns, in any manner which, in the opinion of the arief
Engineer of the DIS'lRIcr,may interfere or conflict with any stJ:uctures,
facilities, operation or uses which DIS'lRIcr has or intends to have upon said
lan:1.s,without first suJ:mi.tt~ plans of such QOCIIpaIlcy or use to DIS'lRIcr'S
arief ED;Jineer at least thirty days prior to the date of such interr:ied
QOCIIpaIlcy or use an:1. obtain his written awroval therefore, which awroval
shall not be unreasonably withheld, if in the opinion of the arief ED;Jineer,
the prt"p"""'Il does not interfere or conflict with the DIS'lRIcr'S interests or
the pn:pose of this ~L""'l.ellt.
2. CI'lY, its S1'~~':lrs an:1. assigns shall ,.."..".... full respollsibility for the
operation and maintenance of an:1. liability for the roadway facilities
(:in::1udi.n;J all roadway culverts, pipes an:1. those portions of the reinforce:i
concrete bridge structures, including approaches, sidewalks an:1. other
~ 1NOrks, located above the bottan plane of the reinforced 00IlC1:et.a
bridge seats or soffit of deck stJ:uctures, whichever is lowest).
3. CI'lY acIm:lwledges DIS'lRIcr'S right to AREAS OF CXH<<:'N USE an:1. the priority of
DIS'lRIcr's right within AREAS OF CXHt:N USE. Except in emergencies, CI'lY
shall give reasonable notice to an:1. obtain written awroval fran the DIS'lRIcr
before perfo~ any 1NOrk on CI'lY facilities in said AREAS OF CXH<<:'N USE,
~ such 1NOrk will be perfonoed within channel or levee areas, if which
said work will in any way alter or obstruct the flCM of or potential flCM of
waters within said flood control an:1. water =nservation works.
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4. ClTl{ agrees to:
INDEHlIFICATION - '!be City agrees to .in::lemnity, defend am hold hannless the
DISTRICT a~/or the county and their agents, officers, voll.llrt:eers am
enployees against any am all c1"i"". or actions arisin;J fran ClTl{'s negligent
acts, errors or anissions in perfonnin;J services pn:suant to this contract
am for any costs or expenses incurred by the DISIRICT anj,Ior the coonty on
ac::x:x:Rn'1t of any claim therefore.
INSURANCE - In order to acx::cIIplish the .in::lemnification herein provided for,
but without limitin;J the .in::lemnification, the ClTl{ shall secure am maintain
thrtx.1ghcut the tenn of the contract the follOll'lin;J types of insurance issued
by carpmies acceptable to the Risk Manager with limits as shown:
Workers O::lrrIJensation - A l'L"':!..C1IU of Workers' Cc:IIpensation insurance or
a state-approved Self-Insurance P.L"':!..alll in an amount am fcmn to meet
all awlicable requirements of the labor Code of the state of Califomia,
including Employer's Liability with $250,000 limits, coverin;J all
persons providin;J services on behalf of the City am all risk to such
persons urner this 1lgreement.
O"'llL1....bensive General am Ant-nnnhile T.i"hilitv Insurance - '!his OOITerage
to i.rx:1ude oontractual OOITerage am autald:lile liability 00ITerage for
owned, hired am non-owned vehicles. '!he policy shall have canbined
sin;Jle limits for lJodily injmy am prqlerty damage of not less than
one million dollars ($1,000,000).
Errors an:i Cknissions T.i..hilitv Insurance - CClnbined sin;Jle limits of
$1,000,000 for lJodily injmy an:i prqlerty damage or
Professional T.i "hi 1 itv - Professional liability with limits of at least
$1,000,000 per claim an:i in the aw.<-~te.
AlDITIONAL NAMED INSURED - All policies, except for the Workers' C"ro!p>1'lSation
OOITerage am Errors an:i Cknissions or Professional Liability, shall contain
additional endorsements namin;J DISIRICT anj,Ior coonty enployees, agents,
volunteers and officers as additional named insured with respect to
liabilities arising out of the perfOJ:1llaOOe of service hereurx:ler. For
Professional liability 00ITerage the DISIRICT an:i the coonty shall be named
as a designated person referenc:in;J this CIl,j..........ent's Contract No. on the
policy .
WAIVER OF SUEIlOGI\TION RIGIfl'S - ClTl{ shall require the carriers of the above
requil:ed ocverages to waive all rights of subrogation against the DISIRICT'S
and the County's officers, volunteers, employees, contractors and
suI:xxmtractors.
III
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:EOU("'TRC; :mIMARY AND }UIT-mII1I'RTRJrORY - All policies required above are to
be priDmy and non-cantributory with any insurance or self-insurance programs
=ied or administered by DISIRIcr am,tor the County.
~F OF CDVERlIGE - Cl'lY shall ilIImedi.ately fumish certificates of insurance
to the DIS'lRIcr evi.dencin;J the insurance coverage above required prior to
the ~tt of perfoman:le of service hereun:1er. 'lhese certificates
shall provide that such insurance shall not be tenninated or expire without
thirty (30) clays written notice to the DISIRIcr am,tor the County. Within
sixty (60) clays of the c""'~JL of this J\o,jleemeItt the contractor shall
fumish certified copies of the policies and erxiorsements.
INSURANCE RE.VIm - '!he above insurance requirements are subject to periodic
review by the DISIRIcr am,tor 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 detenni.nes that any of the above
insurance is not available, is unreasonable priced, or is not neederl to
protect the interests of the DISIRIcr am,tor the County. In addition, if
the Risk Manager detenni.nes that heretofore unreasonable priced or unavailable
type of insurance c:xwerage or coverage lilnits bee. I.,.. reasonable priced or
available, the Risk Manager is authorized, but not required, to c::han3e the
above insurance requirements to require additional types of insurance c:xwerage
or higher c:xwerage lilnits, provided that any such c::han3e is reasonable in
light of past claims against the DISIRIcr am,tor the County, inflation, or
any other item reasonably related to the County's risk.
]my such reduction or waiver for the entire t:enn of the llyleement and any
c::han3e requirin;J additional types of insurance c:xwerage or higher coverage
lilnits JmJSt be made by amen:hnent within thirty (30) clays of receipt.
DISTRIcr hereby acknowledges that CITY is self-insured as to various
insurance coverages. DISIRIcr hereby waives the requirement for additional
named insured for evi.den::le of coverage and for Notice of cancellation.
See attached Exhibit "B" for insurance documentation.
5. Cl'lY, its S')~~ors and assigns, agrees that in the event the DISl'RIcr
IlL' ~CS'9S an i:nprovement within the Area of o.......on Use liIoi1i.c:h interferes with
the Cl'lY'S facilities, the Cl'lY will relocate its facilities within the Area
of COIIIIIIOn Use at its own expense provided the DISIRIcr gives the Cl'lY
sufficient notice to do so. For the p.n:pcsr of this clause relocation is
1.wed to be all or any portion of Cl'lY facilities. '!he Cl'lY shall construct
any relocation in a manner that is acceptable to the DISIRIcr.
AGREEMENT:
CONS~CTION OF REINFORCED CONC~E BRIDGE AT
DEVI~REEK CHANNEL AND 48TH ST~T.
6. DISmIcr has an:} reserves the right to use ARFAS OF ~ USE in any manner
not in oanflict with CITY'S needs for the i'L'I-osed p.lblic roadway iDprovement,
withalt l'IIX""'"~ity for any further pennit or penni.ssian fran CITY. OIS'llUcr
shall, except in emergencies, give reasonable notice to CITY before perfcmnin;J
any work which may affect CITY'S facilities in said ARFA OF CXJolloI::N USE.
THIS AGREEMENT shall inure to the benefit of an:} be bintin;J upon the
S1lOCeSsors an:} assigns of both parties.
Approved as to form
and legal content:
James F. Penman
City Attorney
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
~
Chairman. Board of Supervisors
Municipal Corporation
(State if corporation, company, etc.)
By ~
(AU/hori;ed Signu/lIre)
Dated
Dated
ATTESTED:
~
Secretary of the Flood Control District
Address
300
San
Mayor
N. "0" Street
Bernardino.
CA.
92418
Title
Approved 8S to Legal Form _
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County Counsel,' c::;-
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I Reviewed for Processing
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I :ency Administrator/CAO
I Date
Date {lO -30 -"'I,
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CITY OF
'- . San Bernardino
OfFICE OF THE CITY ADMINISTRATOR
RISK "ANAGEMENT DIVISION
,Julie 3, 19!:1i.
CFile No. 15.02-1157
Mr. Mina Ghaly
epartment of Transportation/Flood Control
COUNTY OF SAN BERNARDINO
825 East Third Street
San Bernardino, California 92415-0835
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Joint Use of Property at Deqil Creek
Channel at 48th Street
FCD, Zone 2, File No. 2-301/2.09
San Bernardino, California
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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.
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General liability insurance is covered with the City main-
tainig $1,000,000 SIR; $1,000,000 coverage through the Big
Ylndependent 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 In~ured 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
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PRIDE .(
IN PROGRESS
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300 NORTH 0' STREET, SAN BERNARDINO.
CALIFORNIA 92418.0001 714/3'4-5308
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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
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