HomeMy WebLinkAbout2004-3881
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RESOLUTION NO. 2004-388
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COMMON USE AGREEMENT BETWEEN THE CITY AND THE
SAN BERNARDINO COUNTY REGIONAL PARKS DIVISION FOR THE
DEVELOPMENT AND CONSTRUCTION OF PHASE III OF THE SANTA ANA RIVER
TRAIL (SART) PROJECT, ORANGE SHOW ROAD AND TIPPECANOE AVENUE
BRIDGES.
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, on behalf of said City, a Common Use Agreement relating to that certain
1111 City right-of-way adjacent to the Orange Show Road and under Tippecanoe Avenue bridges, to
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allow access to the trail at these locations, a copy of which is attached hereto, marked Exhibit "I"
and incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above -referenced agreement is rescinded
if the parties to the agreement fail to execute it within ninety (90) days of the passage of this
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I I /22/04
2004-388 1.
RESOLUTION AUTHORIZING THE EXECUTION OF A COMMON USE AGREEMENT BETWEEN
1 THE CITY AND THE SAN BERNARDINO COUNTY REGIONAL PARKS DIVISION FOR THE
DEVELOPMENT AND CONSTRUCTION OF THE SANTA ANA RIVER TRAIL (SART) PHASE III
2 ORANGE SHOW ROAD AND TIPPECANOE AVENUE BRIDGES
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a joint regular meeting thereof
5 held on the 20th day of December 2004 by the following vote, to
6 wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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ESTRADA X
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X
10 LONGVILLE
11 MCGINNIS X
12 X
DERBY
13 X
KELLEY
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JOHNSON
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MCCAMMACK X
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18 City Clerk
�" v
19 The foregoing resolution is hereby approved thisa4Z'6 day of 4of hlu`2.- 20 OL1
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Approved as to form Rikke Van Johnson, Mayor Pro Tem
and legal content: City of San Bernardino
JAMES F. PENMAN
City Attorney
Rv.1"1
11 /22/04 2
2004-388
ORIGINAL
�co xn
County of San Bernardino
FAS
STANDARD CONTRACT
FOR COUNTY USE ONLY
New
Change
Cancel
Vendor Code
��
Dept.
l
1A
Contract Number
County Department
DPW - Regional Parks Division
Dept. Orgn.
RTS CCP
Contractor's License No.
County Department Contract Representative
Thomas A. Potter, Chief
Telephone
387-2340
Total Contract Amount
Contract Type
❑ Revenue ❑ Encumbered ❑ Unencumbered ® Other: Common Use Agreement
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
Contract End Date
Original Amount
Amendment Amount
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
Project Name
Santa Ana River Trail
FY
Estimated Payment
Amount
Total by Fiscal Year
1/D FY Amount I/D
Phase III
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of San Bernardino hereinafter called Citv
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Telephone Federal ID No. or Social SecurNy No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set torth 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.)
THIS AGREEMENT is entered into this day of December, 2004 by and between the CITY OF SAN BERNARDINO,
as a public agency organized under the laws of the State of California, hereinafter referred to as "CITY", and SAN
BERNARDINO COUNTY, DEPARTMENT OF PUBLIC WORKS, REGIONAL PARKS DIVISION, a political subdivision of the
State of California, hereinafter referred to as "COUNTY".
WHEREAS, COUNTY desires to effect, at no cost to the CITY, the construction of a ten -foot (10') wide paved bikeway with
two -foot (2') shoulders (hereinafter referred to as "TRAIL"), specifically located under 1) Orange Show Road and under 2)
Tippecanoe Avenue bridge, on property owned by the CITY, as part of the Santa Ana River Trail, and
WHEREAS, COUNTY desires to construct, operate, and maintain said TRAIL within CITY lands, hereinafter referred to as
"AREA OF COMMON USE", said AREA OF COMMON USE is shown on attached plat marked "EXHIBIT A"; and
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2004-388
NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS:
CITY hereby consents to the construction, operation, and maintenance of the TRAIL, at no expense to the CITY,
within the AREA OF COMMON USE and to allow COUNTY to occupy and use said AREA OF COMMON USE;
provided, however, that no use, occupancy, construction, reconstruction or maintenance shall be effected by the
COUNTY, its successors or assigns, in any manner which, in the opinion of the City Engineer of the CITY, may
interfere or conflict with any structures, facilities, operation, or uses which CITY has or intends to have upon said
lands, without first submitting plans for such use and/or occupancy to CITY'S City Engineer at least thirty (30) days
prior to the date of such intended use or occupancy and obtaining his written approval thereof, which approval
shall not be unreasonably withheld if, in the opinion of said City Engineer, the proposal does not interfere or
conflict with the CITY'S use or operations of its facilities located within the AREA OF COMMON USE.
CITY agrees to process all permits requested by the COUNTY which are needed to construct, operate, and
maintain the TRAIL and which are properly applied for as provided herein subject to the provisions and
conditions of this Agreement.
2. COUNTY agrees to submit to the CITY at least thirty (30) days in advance, plans for any proposed
construction and/or maintenance of COUNTY TRAIL within AREA OF COMMON USE which may endanger,
interfere or conflict with CITY'S facilities or its functional operation and to obtain written approval from the CITY
of such plans. Said plans shall also be submitted to the CITY'S WaterM/astewater Department for review and
approval by the Water/Wastewater Director.
3. COUNTY agrees to accept full responsibility for the maintenance and/or operation of and liability for all TRAIL
works it constructs, operates or maintains located within the AREA OF COMMON USE.
4. COUNTY, its successors and assigns, agree to accept full responsibility for the operation and maintenance of
and liability for the TRAIL.
5. CITY acknowledges COUNTY'S right to the AREA OF COMMON USE. Except in emergencies, CITY shall
give reasonable notice to the COUNTY before performing any work on COUNTY'S TRAIL in said AREA OF
COMMON USE, where such work will be performed on either 1) Orange Show Road bridge and/or its
abutments, or 2) Tippecanoe Avenue bridge and/or its abutments, if such work will in any way alter or obstruct
the use of the TRAIL.
6. INDEMNITY AND INSURANCE
Both parties hereto agree that in the event COUNTY and/or CITY is found to be comparatively at fault for any
claim, action, loss or damage which results from their respective acts, errors or omissions, the COUNTY and/or
CITY shall indemnify the other to the extent of its comparative fault.
INSURANCE - Without in any way affecting the indemnity herein provided and in addition thereto, the
COUNTY shall secure and maintain throughout the term of this Agreement the following types of insurance
with limits as shown:
Workers' Compensation - A program of Worker's Compensation 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 two hundred fifty thousand dollar ($250,000.00) limits
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covering all persons providing services on behalf of the COUNTY and all risks to such persons under this
Agreement.
Comprehensive General and Automobile Liability Insurance — The coverage to include contractual
coverage and automobile liability coverage for owned, hired and non -owned vehicles. The policy shall
have combined single coverage limits for bodily injury and property damage of not less than one million
dollars ($1,000.000.00) and property damages in the sum of two hundred fifty thousand dollars
($250,000.00) resulting from any one accident which may arise from the operations of the COUNTY in
performing the work provided for herein.
Public Liability and Property Damage Insurance — The COUNTY shall maintain Insurance against
damage claims which may arise from operations, whether by the Insured or by any directly or indirectly
employed by him. In addition, the Insurance shall name the CITY, its City Engineer, and its officers, agents
and employees as "additional insured" under the policies by specific endorsement. Minimum Liability and
Property Damage Insurance shall not be less than one million dollars ($1,000,000.00) for all damages
and/or destruction of property in any one occurrence, and not less than one million dollars ($1,000,000.00)
for all damages and/or destruction of property during the policy period.
Additional Named Insured — All policies, except for the Worker's Compensation, Errors and Omissions and
Professional Liability policies, shall contain additional endorsements naming the CITY and its officers,
employees, agents and volunteers as additional named insureds with respect to liabilities arising out of the
performance of services hereunder.
Waiver of Subrogation Rights — COUNTY shall require the carriers of the above -required coverages to waive
all rights of subrogation against the CITY and its officers, employees, agents and volunteers.
Policy Primary and Non -Contributory — All policies required above are to be primary and non-contributory with
any insurance or self-insurance programs carried or administered by the COUNTY.
Proof of Coverage — COUNTY shall immediately furnish certificates of insurance to the CITY evidencing the
insurance coverages, including endorsements above, required prior to the commencement of the performance
of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire
without thirty (30) days written notice to the CITY, and COUNTY shall maintain such insurance from the time
COUNTY commences performance of the services hereunder until completion of such services. Within sixty
(60) days of the commencement of this Agreement, the COUNTY shall furnish certified copies of the policies
and all endorsements.
Insurance Review — The above insurance requirements are subject to periodic review by the CITY, whose Risk
Manager is authorized, but not required, to reduce or waive any of the above insurance requirements
whenever the Risk Manager determines that any of the above insurances are not available, are unreasonably
priced, or are not needed to protect the interest of the CITY. In addition, if the Risk Manager determines that
heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not required, to change the above
insurance requirements, to require additional types of insurance coverage or higher limits, provided that any
such change is reasonable in light of past claims against the CITY, inflation, or any other item reasonably
related to the CITY'S risk.
Any such reduction or waiver for the entire term of this Agreement and any change requiring additional types of
insurance coverage or higher coverage limits must be made by amendment to this Agreement. COUNTY
agrees to execute any such amendment within thirty (30) days of receipt.
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2004-388
The CITY recognizes that the COUNTY may be self -insured and agrees to accept letters of self-insurance.
Successors - The parties do for themselves, their heirs, executors, administrators, successors and assigns
agree to the full performance of all of the provisions contained in this Agreement. COUNTY may not, either
voluntarily or by action of law, assign any obligation assumed by COUNTY hereunder without the express
written consent of the CITY.
8. Entire Agreement - This Agreement contains the entire Agreement of the parties with respect to the subject
matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may
only be modified by a written agreement signed by both parties.
9. Notices - All notices hereunder and communications regarding interpretation of the terms of the Agreement or
changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt
requested, postage prepaid and addressed as follows:
If to City: City of San Bernardino
300 North "D" Street, 3`d Floor
San Bernardino, CA 92418
Attn.: Laszlo "Les" Fogassy, Real Property Supervisor
Development Services Department/Real Property Section
If to County: Thomas A. Potter, Chief
Department of Public Works - Regional Parks Division
777 East Rialto Avenue
San Bernardino, California 92415-0763
10. Effective Date and Termination - This agreement shall be effective upon execution of all parties and shall
remain in effect for a minimum of thirty (30) years of Caltrans funding per Contract Number 00-070,after which
time the County may abandon the AREA OF COMMON USE and terminate this agreement upon sixty days
written notice and the AREA OF COMMON USE returned to its previous state.
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2004-388
THIS AGREEMENT shall inure to the benefit of and be binding on the successors and assigns of both parties.
City of San,Bernardino
Rikke Van Johnson, Mayor Pro Tern
Dated: I 'Ib n4
ATTEST:
Ra el Clark, City erk
At
ark Lancaster, Deputy Director/
City Engineer
Dated: t)��� Cu
Approved as to Form and Legal Content
By:
J mes F. Penman, City Attorney
as
Fiona Luke, County Counsel
Date
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San Bernardino County
DENNIS HANSBERGER, Chairman, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
Clerk of the Board of Supervisors of the
County of San Bernardino
By:
Deputy
Presented to
Department Head
Date
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