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Home My WebLink About12-Development Services . ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK Director Subject: Resolution 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, for the Orange Show Road and Tippecanoe Avenue bridges. File No. 15.02-1441 MCC Date: 12-20-2004 Dept: Development Services Date: November 22, 2004 Synopsis of Previous Council Action: 8-19-02 - Resolution No. 2002-280, 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 II of the Santa Ana River Trail (SART), the "E" Street and Waterman Avenue bridges. Recommended Motion: Adopt Resolution. ~~ ~ James Funk Contact person: Supporting data attached: Staff Report/Maps Keso/ Agreement FUNDING REQUIREMENTS: Amount: None Eileen Gomez Phone: 5328 Ward: 3, 1 Source: (Acct. No.) (Ard f)p<:rriptirm) Finance: Council Notes: ~ J;r ,)0& L/~ gg g Agenda Item No. /~ /a./d-C/OLj CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution 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, for the Orange Show Road and Tippecanoe Avenue bridges. BACKGROUND: In February, 2002, this office received a request to coordinate a Common Use Agreement for the use of City land below the "E" Street and Waterman Avenue bridges, for the development and construction of Phase II of the Santa Ana River Trail (SART). The proposed trail would consist of a ten-foot (10') wide paved bikeway with two-foot (2') shoulders, specifically located under the South "E" Street bridge and the Waterman Avenue bridge. The overall SART project is being funded with TEA (Transportation Enhancement Act) funds through Caltrans, private non- profit funds and County match dollars. On August 19, 2002, Resolution No. 2002-280 was adopted, 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 the Santa Ana River Trail (SART). The Common Use Agreement was for City right-of-way adjacent to the "E" Street and Waterman Avenue bridges, to allow access to the trail at these locations. In April, 2004, this department was notified that the San Bernardino County Department of Public Works Regional Parks Division (SBCRPD), was requesting the execution of Common Use Agreement for Phase III of the Santa Ana River Trail (SART). This phase of the trail would be for the portion of Waterman Avenue to Alabama Street along the Santa Ana River watercourse, specifically the right-of-way under the Orange Show Road and Tippecanoe Avenue bridges. In order to successfully complete this project, the utilization of City right-of-way will be necessary, as in the Phase II agreement. This phase of the SART project is also being funded with Transportation Enhancement Act (TEA) funds through Caltrans, private non-profit funds and County match dollars. The execution of this Common Use Agreement is necessary in order to complete the trail in San Bernardino County and also to complete the requirements established by Caltrans for use of City right-of-way adjacent to the Orange Show Road and Tippecanoe A venue bridges, to allow access to the trail at these locations. Upon approval by the Mayor and Common Council, the Common Use Agreement would be submitted to the County Board of Supervisors for approval. The County would then submit plans for any proposed construction and/or maintenance of the trail, which will require the Deputy Director/City Engineer's approval. FINANCIAL IMPACT: None. The SART project will be funded with TEA funds through Caltrans, private non-profit funds and County match dollars. RECOMMENDATION: Adopt Resolution. z < ~ Il.t o~o Z~.E -~'t:! QCf.)g ~~~ Z ~ ~~~ ~<d IIl!:..CIJ . .... ~~ Z~;::Jl <-.... cn~t:; ~ ~ E ~ ~ l'J) ~ f : : 0 L: ...:I ~ I ~~ .. tl -< Z~ . ! .. ... 0 3 ~ ; i u u ~ ~ 0 " E" 8~ . Ii ,., 1'1 _ :; ~ t! ~ ~~~ E-op:; .. ~ ~ ~ i ! ; ~b::: e 3 ~ .. e:= !e ~ ~I~ ...:IE-< e " " " :x: .. N ~ = III 5 .. E-o " . l'J) Q 0 f f .. li It 0 U i SIB ~- ~. .. ~ ~ ! e t&:l o _.. ~cn~ z 0 ~ ft= !: i ~ B . w .. l'J) h-:x: -< Ii r: ;:J t.:l I . ~ . ~: B t~5 o:::I:+ I S w . :. :x: B i:l . ~ 0.. o:p..e .. ...:I . ~ . . . . . . . I: . 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M~E~~ ... ~:;;~:;;l:?:;;:;; ~:;; tiS::; ~ :;;I::;~:;;\li ... ~ ~~~~8 ~ i S 8~8 i 8iM8~ MeM~~~cil~~~~ ~ ~ I ~ ~ ~ . llj I ~ ~ ... ~;: C a::! ~ Q. (/)10 ffi ~ ~~ ~ -<~..J ~ ~ ~ C; ...J iii 0< Q. U) ~ co i! ~ ; I 11 [1 II II ii ~ ; " Ii 'V> 'w '''' , z ... I I I~ ~ G: " z o 5 :;:; i~ .- 0_ o z ..~;~~ c( .Jg:~~~ '< I!!Sl~ o W .~U. > '" :;) U """ ,~.. ~8~: ...w....n......"". ~......, ...."",., """"'".'.... "_~_QO"~,OO-.<O."""~.. """... ~~OO O~"'"... "'''''''',. ~ ~ 5~ 0:8 ~. e!;{ ~ I ~ ,. 1 2 RESOLUTION N~ G ~~ 1f RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COMMON USE AGREEMENT BETWEEN THE CITY AND THE 4 SAN BERI\ARDINO COUNTY REGIONAL PARKS DIVISION FOR THE DEVELOPMENT AND CONSTRUCTION OF PHASE III OF THE SANTA ANA RIVER 5 TRAIL (SART) PROJECT, ORANGE SHOW ROAD AND TIPPECANOE AVENUE 6 BRIDGES. 7 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 10 directed to execute. on behalf of said City, a Common Use Agreement relating to" that certain 11 City right-of-way adjacent to the Orange Show Road and under Tippecanoe A venue bridges, to 12 allow access to the trail at these locations, a copy of which is attached hereto, marked Exhibit ''1'' 13 14 15 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 16 if the parties to the agreement fail to execute it vvithin ninety (90) days of the passage of this 17 resolution. 18 ! I / If i 19 / / i i .' 20 21 22 23 24 25 26 27 28 !la, (~ . 11/22/04 / 1./e,a /iJy RESOLUTION AUTHORIZING THE EXECUTION OF A COMMON USE AGREEMENT BETWEEN THE CITY AND THE SAN BERNARDINO COUNTY REGIONAL PARKS DIVISION FOR THE 1 DEVELOPMENT AND CONSTRUCTION OF THE SANTA ANA RIVER TRAIL (SART) PHASE III 2 ORANGE SHOW ROAD AND TIPPECANOE A VENUE 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 meeting thereof 5 held on the day of , 20_, by the following vote, to 6 wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 10 LONGVILLE 11 t\'lCGI~'NIS 12 DERRY 13 KELLEY 14 JOH01S0N 15 16 MCCAf"lMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this 20 21 22 day of ,20 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form 23 and legal content: 24 27 JAMES F. PENMAN 25 City Attornev 26 BY"*"h~ ?.<~:H"'''''_ ," I 1/1 28 J 1,22104 2 jllcl{r3gg FAS - New Vendor Code Dept. Contract Number - Change SC A Cancel County Department Dept. Orgn. Contractor's License No. DPW - Regional Parks Division RTS CCP County Department Contract Representative Telephone Total Contract Amount Thomas A. Potter, Chief 387-2340 o Revenue Contract Type o Encumbered o Unencumbered [i] Other: Common Use Aareement 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 I , Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , , Project Name Estimated Payment Total by Fiscal Year Santa Ana River Trail FY Amount 110 FY Amount 110 Phase III - - - - - - FOR COUNTY USE ONL Y County of San Bernardino 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 Address City of San Bernardino 300 North "0" Street, 3'd Floor hereinafter called City San Bernardino, CA 92418 Telephone Federal 10 No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and ecJditional 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.) 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 Page --L- of -2- 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, 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 Page ..L of ~ 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 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 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 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. Page --L- of--L- The CITY recognizes that the COUNTY may be self-insured and agrees to accept letters of self-insurance. 7. 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 Aoreement - 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, 3rd 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. Page -3- of 2- THIS AGREEMENT shall inure to the benefit of and be binding on the successors and assigns of both parties. City of sanJ3e~nar~. 0, .' By: ,0>c.-P:2- ; ,;~ I........'-"'.-?~ ,. /" Rikke Van Johnson, Mayor Pro Tern Dated: ~ ':Y\ i}~~,"\ \ ATTEST: San Bernardino County DENNIS HANSBERGER, Chairman, Board of Supervisors Dated: rk SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Mark Lancaster, Deputy Director! City Engineer Clerk of the Board of Supervisors of the County of San Bernardino Dated: 4l0\..{ By: Deputy Approved as to Form and Legal Content By: Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ~ Fiona Luke, County Counsel ~ ~ Department Head Date Date Date Page 2- of 2-