HomeMy WebLinkAbout2002-280
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RESOLUTION NO. 2002-280
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A COMMON USE AGREEMENT BETWEEN THE CITY AND THE
4 SAN BERNARDINO COUNTY REGIONAL PARKS DIVISION FOR THE
5 DEVELOPMENT AND CONSTRUCTION OF THE SANTA ANA RIVER TRAIL
(SART).
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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
City right-of-way adjacent to the "E" Street and Waterman Avenue bridges, to 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 The authorization to execute the above-referenced agreement is rescinded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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resolution.
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07/26/02
2002-280
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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)
2
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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4 Common Council of the City of San Bernardino at a
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joint regular
meeting thereof
held on the 19th
day of
August
, 20~, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
LIEN 1[
MCGINNIS x
DERRY x
SUAREZ x
ANDERSON x
MCCAMMACK x
~~~..~
City erk
/"
The foregoing resolution is hereby approved this 1)./J ,- daybf
August
,20~.
Approved as to form
and legal content:
ITH V ALLES, Mayor
C' y of San Bernardino
24 JAMES F. PENMAN
25 City Attorney
/i
26 f.b 7 4;
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07/26/02
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2002-280
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
AGREE 02-0937
September 17,2002
FROM:
KEN A. MILLER, Director
Department of Public Works - Regional Parks Division
SUBJECT:
COMMON USE AGREEMENT WITH THE CITY OF SAN BERNARDINO
FOR DEVELOPMENT OF THE SANTA ANA RIVER TRAIL
RECOMMENDATION: Approve Common Use Agreement with the City of San Bernardino (City),
allowing the County use of City owned land for the purpose of constructing improvements to the
Santa Ana River Trail.
BACKGROUND INFORMATION: On October 6, 1998, the Board of Supervisors approved
County Policy No. 08-16 regarding the development of a trail system. Under this policy, the
Board designated the Regional Parks Division as the lead department in identifying, recording,
developing, maintaining, and providing riding and hiking (non-motorized) trails within San
Bernardino County.
Pursuant to the above Policy, the Regional Parks Division has identified development of the
Santa Ana River Trail (SART) as one of its primary goals. When completed, the SART will be a
multi-use trail available to the public. To facilitate development of the SART, Regional Parks has
prepared an agreement with the City of San Bernardino. This agreement permits the County to
use certain City owned land for the purpose of constructing, operating and maintaining a section
of the SART. In accordance with the common use agreement, the County will have access to
City land to construct a ten-foot (10') wide paved bikeway with two-foot (2') shoulders located
under South "E" Street and Waterman Avenue. This agreement was approved by the San
Bernardino City Council and its Mayor on August 19, 2002.
Board approval of this agreement is necessary to obligate funding from SAN BAG and allow
Regional Parks to move forward with the proposed trail development.
I.
REVIEW BY OTHERS: This item was reviewed by County Counsel (Deputy County Counsel,
Fiona Luke) on September 5, 2002 and the County Administrative Office (Tom Forster,
Administrative Analyst) on September 6, 2002.
FINANCIAL IMPACT: No financial impact from this action. The proposed improvements to this
section of the SART will be financed by a portion of the $3.5 million grant from SAN BAG. The
Board approved an agreement with SAN BAG on May 9, 2000 for acceptance of these funds.
SUPERVISORIAL DISTRICT(S): 5th
PRESENTER: Thomas A. Potter, Chief 387-2340
,
cc: Regional Parks - Potter w/agree
City of San Bernardino cia
Regional Parks - Potter w/agree
IDS w/agree
Auditor - Sandra Kelly w/agree
Risk Management
County Counsel - Luke
CAO - Forster
ED/PSG - Goss
File w/agree
mo
MOTION
AYE
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MOVE
5
ARD
BY
ITEM 018
2002-280
E New Vendor Code Dept. Contract Number
M Change SC A
01-D137
X Cancel
County Department Dept. Orgn. Contractor's License No.
DPW - Renional Parks Division RTS CCP
County Department Contract Representative Ph. Ext Amount of Contract
Thomas A. Potter 72340 $
Fund Oept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
, ,
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount
liD
Project Name - -
Santa Ana River Trail
- -
Phase II
- -
FOR COUNTY USE ONL Y
Coun1yof San Bernardino
FAS
STANDARD CONTRACT
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
Address
300 North "D" Street 3" Floor
,
hereinafter called
City
San Bernardino, CA 92418
Phone Birth Date
FederallD No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set lorth 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 1 ylh day of September, 2002 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, 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) South E Street bridge and under 2) Waterman 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
Page I 010
2002-280
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.
1. 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 Water/Wastewater
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, it 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) South E Street bridge and/or
its abutments, or 2) Waterman Avenue bridge and/or its abutments, if such work will in any way alter or
obstruct the use of the TRAIL.
6. COUNTY agrees to:
INDEMNIFICATION - The COUNTY agrees to defend, indemnify and hold harmless the CITY and its
authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages,
and/or liability incurred by the CITY for any act or omission of the COUNTY or any of its authorized
officers, employees, agents or volunteers arising out of the COUNTY'S work in, or its use or maintenance
of the AREA OF COMMON USE.
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 covering all persons providing services on behalf of the COUNTY and all risks to such persons under
this Agreement.
Page 2 of 5
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2002-280
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 anyone 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 anyone 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 Subroqation Riqhts - 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.
Policv Primarv 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 Coveraqe - 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.
The CITY recognizes that the COUNTY may be self-insured and agrees to accept letters of self-insurance.
Page 3 of 5
2002-280
7. 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.
8. 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.
9. Entire Aareement - 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.
10. 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:
City of San Bernardino
300 North "D" Street, 3" Floor
San Bernardino, CA 92418
Attn.: Laszlo "Les" Fogassy, Real Property Supervisor
Development Services Department/Real Property Section
Thomas A. Potter, Chief
Department of Public Works - Regional Parks Division
777 East Rialto Avenue
San Bernardino, California 92415-0763
11. 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.
Page 4 of 5
".
2002-280
THIS AGREEMENT shall inure to the benefit of and be binding on the successors and assigns of both
parties.
,;)(id;;..
c'""~O ~t,~ '-"
FRED AGUIAR, Chairman, B d of Supervisors
SEP 1 7 ZaG2
Dated:
City of San Bernardino
By:
Dated:
ATTEST:
Rach~er~'~
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
Dated:
4 '0~ ,A3) ()-eiJI ~
?J
By:
Approved as to Form and Legal Content:
By: [ --:). ~L.>.____
mes Penman, City Attorney
, ~.
Reviewed by Contract Compliance
Reviewed for Processing
~
C nty Counsel, Fiona Luke
~
~~
Agency Administrator/CAG
Date
f-l1-0L
Date
Date
Page 5 of 5
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