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Home My WebLink About15-Development Services - . " CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION r,".' - '\J '~ " . .~ . Subject: Resolution awarding a contract to Herman Weissker, Inc. for storm drain improvements at Mt. View Ave from Mission Creek to 800' North, per Plan No. 10175; Resolution authorizing the execution of a License Agreement with San Bernardino Associated Government (SANBAG) & authorization for the Director of Finance to amend the FY 2001102 budget in the FY 2001102 Capital Improvement Program for installation of a storm drain at Mt. View Ave. MCC Date: April 15,2002 From: James Funk, Director Dept: Development Services Date: 03/26/2002 File No.: 1.7205 Synopsis of Previous Council Action: 7/9/01 Allocation of $146,800 in the 2001102 Capital Improvement Program (CIP) for installation of a storm drain at Mt. View Avenue & Mission Creek Account No. 248-368-5504-7205. Recommended motion: 1) Adopt Resolutions and, 2) Authorize the Director of Finance to amend the FY 2001/02 budget to transfer ($25,200) funds from Account No. 248-000-3405-000 (unappropriated storm drain fund) to Account No. 248-368- 5504-7205 (Installation of Storm Drain Improvement at Mt. View Avenue and Mission Creek) ~~~ Contact person: Mehran Sepehri, Sf. Civil Engineer Phone: 5127 Supporting data attached: ~t!'lffRppnrt, M!'Ip Rp,"" Jb Ward: Agreement FUNDING REQUIREMENTS: Amount: $172,000.00 Source: (Acct. No.) 248-368-5504-7205 (Acct. Description) Storm Drain Improvement at Mt. View Ave A venue and Mission Creek Finance: ~~vlll~. Council Notes: ~d-- Agenda Item No. --15 . " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution awarding a contract to Herman Weissker, Inc. for storm drain improvements at Mt. View Ave from Mission Creek to 800' North, per Plan No. 10175; Resolution authorizing the execution of a License Agreement with San Bernardino Associated Government (SANBAG) & authorization for the Director of Finance to amend the FY 2001/02 budget in the FY 2001/02 Capital Improvement Program for installation of a storm drain at Mt. View Ave. Back2round: The City has received numerous complaints regarding flooding during rain storms from the residents that live along Mt. View Avenue, north of the railroad track. Staff has been working with the San Bernardino County Flood Control and Metrolink to install storm drain improvements to mitigate the flooding problem. This project consists of installation of a 24" reinforced concrete pipe, catch basin, jack 36" steel sleeve under the railroad track and construction of a concrete headwall at Mission Creek. Also, this project requires a License Agreement with SANBAG, who owns the railroad property that is maintained and operated by Metrolink. Plans and specifications for this project are complete and the project is ready to be awarded. The estimated project costs are as follows: Construction Cost Contingencies Design, Inspection and Contract Administration Total $131,080.86 $ 20,000.00 $ 20,919.14 $172,000.00 This project was advertised locally in the San Bernardino County Sun Newspaper, F.W. Dodge, Green Sheet, Daily Construction. Bid America. Plan Room, the City's web site, and with the San Bernardino Area Chamber ofCornmerce. The following nine companies responded: Name of Bidder City Amount of Bid Herman Weissker, Inc, Bloomington $131,080.86 Bonadiman-McCain, Inc. San Bernardino $139,027.00 David T. Wasden Riverside $143,740.00 KEC Engineering Corona $159,490.00 Beador Construction Company, Inc. Corona Del Mar $163,700.00 Genesis Construction Hemet $176,610.00 Sean Malek Engineering & Construction Perris $176,690.00 O'Duffy Construction Romoland $199,795.00 Fischer Plumbing San Bernardino $ 200,308.00 Engineers Estimate $ 95,450.00 . . , I.. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Based on review of the sealed competitive bids received, staff has determined that Herman Weissker, Inc., is the apparent lowest bidder, has met the minimum requirements of the specifications and bid guidelines, and therefore, staff recommends that the Mayor and Common Council award the referenced contract accordingly. Financial Impact: Funding for this project, in the amount of $146,800, was allocated in the FY 2001/02 Capital Improvement Project (CIP). In order to accommodate design, construction, contingencies, inspection and contract administration, staff recommends that an additional $25,200 be transferred from Account No. 248-000-3405-000 (unappropriated storm drain funds) to Account No. 248-368-5504-7205 (Installation of Storm Drain Improvement at Mt. View Avenue and Mission Creek). Recommendation: Adopt Resolutions and, authorize the Director of Finance to amend the FY 2001/02 budget to transfer funds ($25,200) from Account No. 248-000-3405.000 (unappropriated storm drain fund) to Account No. 248-368-5504-7205 (Installation of Storm Drain Improvement at Mt. View Avenue and Mission Creek). Storm Drain Improvements In MT. VIEW A VENUE At MISSION ZANJA =< CT I W SA~ AV 0 ~ 00 ~ i!i - > IILW VICINITY MAP N. T. s. . . .' (F:J ,C0, ~ \\17 \'::::;7~/ u-' V , RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. Herman Weissker, Inc., is the lowest responsible bidder for 9 storm drain improvement at Mt. View Avenue from Mission Creek to 800' North, per Plan 10 No. 10175. A contract is awarded accordingly to said bidder in a total amount of $131,080.86 11 with a contingency amount of $20,000.00, but such award shall be effective only upon being 12 fully executed by both parties. All other bids, therefore, are hereby rejected. The Mayor is 13 hereby authorized and directed to execute said contract on behalf of the City; a copy of the 14 15 contract is on file in the office of the City Clerk and incorporated herein by reference as fully 16 17 18 as though set forth at length. SECTION 2. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party 19 shall be obligated hereunder until the time of such full execution. 20 21 22 23 No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to 24 25 26 27 III execute it within sixty (60) days of passage of the resolution. III 28 Yl6,/~/- 4/1S'16Z- I . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AWARDING A CONTRACT TO HERMAN WEISSKER, INC., FOR 3 STORM DRAIN IMPROVEMENT AT MT. VIEW AVENUE FROM MISSION CREEK TO 800' NORTH, PER PLAN NO. 10175 4 5 6 and Common Council of the City of San Bernardino at a I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor meeting thereof, held 7 on the _ day of ,2002, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 12 MC GINNIS 13 DERRY . 14 SUAREZ JR. 15 ANDERSON 16 MC CAMMACK 17 18 19 20 City Clerk The foregoing resolution is hereby approved this day of 2002. 21 22 23 24 Judith Valles, Mayor City of San Bernardino Approved as to 25 form and legal content: 26 .' JAMES F. PENMAN, 27 City Attorney 28 Bcr- y, e~~ . . .' 1 (G,r-' ~\\V "', .' ,~---- \::::/ U l RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF SAN 4 BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR CROSSING UNDER SANBAG PROPERTY AT MT. VIEW AVENUE 5 AND THE METROLINK RAIL ROAD TRACK. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 9 and directed to execute on behalf of said City a cooperative agreement with San Bernardino 10 Associated Governments (SAN BAG) for crossing under the SANBAG property at Mt. View 11 12 Avenue and the METROLINK railroad track. A copy of said cooperative agreement is 13 attached as Exhibit "A" and made a part hereof. 14 SECTION 2. The authorization to execute the above referenced agreement is rescinded 15 16 17 18 I I I 19 III 20 21 22 23 24 25 26 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 27 28 . . .\ 1 RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE 2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR CROSSING UNDER 3 SANBAG PROPERTY AT MT. VIEW AVENUE AND THE METROLINK RAIL ROAD 4 TRACK. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 8 on the _ day of , 2002, by the following vote, to wit: Council Members: 9 10 ESTRADA 11 LIEN 12 MC GINNIS 13 NAYS ABSTAIN ABSENT AYES DERRY 14 15 SUAREZ JR. 16 17 18 19 20 21 ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of 2002. 22 23 24 Judith Valles, Mayor City of San Bernardino 25 Approved as to form and legal content: 26 27 JAMES F. PENMAN, City Attorney 28 . . .' .APR-12-02 10:44 MTA REAl ESTATE 213 922 2440 Fax:213-922-2440 LICENSE AGREEMENT BETWEEN P.02 R-l05 Apr 12 '02 10:26 J ob-B4 T P.02 File: RR.J."'ID007622 SAN BERNARDINO ASSOCIATED GOVER1'lMENTS AND CITY OF SAt~ BERL"'iARDINO EXHIBIT "A" . . . APR-12-02 10:44 MTA REAL ESTATE 21l 922 2440 Fax:213-922-2440 R-I05 10:26 Job-B47 P.03 POl Apr 12 '02 File: RRND007622 50001092 LICENSE AGREEMENT 111is LICENSE AGREEMENT ("Allreement") is made and entered into as of , 2002 by and between the SAN BERNARDINO ASSOCIATED GOVERNME~"TS, a public agency existing under the authority of the laws of the State of Califomia ("SANBAG"), and CiTY OF SAN BERNARDINO, a municipal corporation of the State of California, ("ilCENSEE"), upon and in consideration of the agreements, covenants, terms and conditions below: PART I BASIC LICENSE PROVISIONS I. Description of License Property: An underground installation on SAc"lBAG property at Mountain View Road at Lugonia Avenue in the City of San Bemardino on the Redlands Subdivision at Mile Post 5.16 as shown on Exhibit "A" Approximate area: Eleven Thousand Square Feet (11,000 Sq. Ft.) (111.1) 2. Use of License Property: Installation, operation, maintenance and repair of one (1) underground storm drain facility only, and no other uses ($1.1,510) 3. Commencement Date: November I, 2001 (5;1.2) 4. Tenn ~e one): ~ Month-to-month B. NIA months, ending N/A 20 N/A, unless canceled by SAc"lBAG as provided in Section 1.2 on 30 days' notice (!ii 1.2) 5. License Fees: A. Base License Fee: $1\'/A per month, payable (circle one): a. f ~--nllif1lly iH w!-tanee b. ~4:enthly ia ad7anee (li2.1) G) Addj~ License ~ee: ~ One t1l11e fee: $1,000.00 b. Otlier fees: $NI A ! (li2.1) ~ A LicenM ASf~.uel'lt - SANBA(; V.....l'o;\m O!3tOO, Revised J0100I.Rcv;scd .,/12102 i SiUlEJc:m l:'ub WOllaM1 VicwRR1.jDCC7622 (6)301101001 y . . . APR-12-02 10:44 MTR REAL ESTATE R-I05 10:26 213 m 2440 Fax:213-922-2440 Jab-B47 P.04 P.04 Apr 12 '02 C. Base License Fee Adjustment Dates (Not applicable) a. .:\;BB.ll-11y sased an. CPI b. tAt iBten'ws Bfaat less t,&na tMee (3) years sased aa sW't'eal fair market reflt (52.2) 6. Insurance Amount (See Exhibit "B") (516) 7. SAi'\lBAG's Address: SAN BER.l\IARDINO ASSOCIATED GOVERNMENTS CIO LA COUNTY MElROPOLITAN TRANSPORTATION AUTHORITY One Gateway Plaza - 13th Floor- RRND007622 Los Angeles, CA 90012-2952 Ann: Director of Rea! Estate (524.1) 8. Licensee's Address: CITY OF SAN BERc'\lARDINO DEPARTMENT OF DEVELOPMENT SERVICES 300 N. "D" Street, 3'd Floor San Bernardino, California 92418 Ann: Mr. Mehran Sepehri 909-384-5127 (524.1) 9. Facility: One (I) underground storm drain facility (61.1) The foregoing Basic License Provisions and the Genera! License Provisiolls set forth in attached Part II are incorporated into and made part of this Agreement. '. ! MT ^ Li~.:;c ^CR:mcn, SA."lBAO Vernon 013100. Reviled l01001-RC'Yiscd 4tr2!02 ii s~ ami. Ptlb Works M! View RRNIXlO'622 061301101001 y . . . APR-12-02 10:44 MTA REAL ESTATE P.05 Rpr 12 '02 213 922 2440 Fax:213-922-2440 R-105 10:26 Job-B47 P.OS IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SANBAG: SAN BERt'lARDINO ASSOCIATED GOVERt'lMENTS By: Name: Velma C. MarshaIl Title: Director of Real Estate For: Los Angeles County Metropolitan Transportation Authority As: Agent for SANBAG LICENSEE: CITY OF SAN BERNARDINO By: Name: Judith Valles Title: Mayor APPROVED AS TO FORM AND LEGAL CONTENT. Jar.;,?-s F. Penman" City , ~cGmoy ~ MT^ J,.i.o;.wR ^l'lnmcat - SANllAO V~OD 013100. Revised lO:COl.Rcvised4l12ltl2 iii Sao.BemPub Work.!JMtViewRRl'-."D007621 OblJOllOlOOl Y . INDEX TO LICENSE AGREEMENT - PART II Section Page I. GRANT OF LICENSErrERM ....................................................................................................1 2. PAYMENTS ................................................................................................................................1 3. T AXES.........................................................................................................................................2 4. CONSTRUCTION .......................................................................................................................2 5. CONTRACTORS; APPROVAL AND INSURANCE................................................................2 6. REIMBURSEMENT ...................................................................................................................3 7. LIENS .... ... ....... ............. ................................... .... ..................... ................................. ....... ...........3 8. MAINTENANCE AND REP AIR................................................................................................3 9. LANDSCAPING .........................................................................................................................3 10. USE. ...... .... .... .................................................. ......................... .... .................... .... .... ........... .......3 II. ABANDONMENT ....................................................................................................................4 . 12. BREACH ...................................................................................................................................4 13. SURRENDER............................................................................................................................4 14. INDEMNIFICATION ................................................................................................................4 15. ASSUMPTION OF RISK AND WAIVER ...............................................................................5 16. INSURANCE.............................................................................................................................5 17. TESTS AND INSPECTIONS....................................................................................................5 18. HAZARDOUSrrOXIC MATERIALS USE AND INDEMNITY ............................................5 19. UNDERGROUND STORAGE TANKS ...................................................................................6 20. SUBORDINATE RIGHTS ........................................................................................................6 21. COMPLIANCE WITH LAWS ............................................:.....................................................6 22. CONDEMNATION ................................................................................................................... 7 23. MARKERS ................................................................................................................................ 7 24. GENERAL PROVISIONS......................................................................................................... 7 f .' Exhibits: "A" License Property "B" Insurance Requirements "C" Permitted Hazardous Materials MT A License Agreement - SAN BAG Version OIJ 100. Revised 101001 iv San Bern Pub Works Mt View RRNDOO7622 061301 101001 y . . . liD" Additional Provisions ! MTA License Agreement - SANBAG Vmion 013100, Revised 101001 v San Bern Pub Works Mt View RRNDOO7622 061301 101001 y . PART II - GENERAL LICENSE PROVISIONS I. GRANT OF LICENSEffERM 1.1 Grant of License. SANBAG hereby grants a non-exclusive license to Licensee in, on, over, under, across and along the real property of SANBAG in the location shown in the diagram attached hereto as Exhibit A and described in Item I of the Basic License Provisions (the "License Prooertv"), for construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Facility described in Item 9 of the Basic License Provisions, and any usual, necessary and related appurtenances thereto (the "Facilitv"), for the purposes described in Item 2 of the Basic License Provisions, together with rights for access and entry onto the License Property as necessary or convenient for the use of the Facility. In connection with this grant of license, Licensee, its employees, agents, customers, visitors, invitees, licensees and contractors (collectively, "Licensee's Parties") subject to the provisions hereof, may have reasonable rights of entry and access onto adjoining real property of SANBAG if necessary for the use of the Facility or the License Property, with the time and manner of such entry and access to be subject to SANBAG's prior written approval. The License Property, adjoining real property of SANBAG and personal property of SANBAG located thereon shall hereinafter collectively be referred to as "SANBAG ProperlY". . 1.2 Term of Al!Teement. The term of this Agreement shall commence on the "Commencement Date" specified in Item 3 of the Basic License Provisions. Unless a specific term of this Agreement is filled in at Item 4.B of the Basic License Provisions, or if Item 4.A is circled, this Agreement shall continue in full force and effect on a month-to-month basis as provided. in Item 4.A of the Basic License Provisions until terminated by either party on thirty (30) days' prior written notice. IfItem 4.B of the Basic License Provisions is filled in, then this Agreement shall be a license for the term specified in said Item 4.B; provided, however, that SANBAG shall have the right to terminate this Agreement prior to the date specified in Item 4.B by delivering thirty (30) days' prior written notice to Licensee, provided that SANBAG, in its sole, reasonable judgment, determines that it then may require pos!.ession of the License Property for its primary, transportation-related purposes. The term of this Agreement as provided above is referred to as the "Term". I J Condition of License Prooertv. Licensee acknowledges that it has inspected and accepts the License Property in its present condition as suitable for the use for which this Agreement is granted. Execution of this Agreement by Licensee shall be conclusive to establish that the License Property is in good and satisfactory condition as of the Commencement Date. 2. PAYMENTS 2.1 License Fee. As consideration for the rights herein granted, Licensee agrees to pay to SANBAG the amount per month specified in Item 5 of the Basic License Provisions, as such amount may be adjusted as set forth in Section 2.2. IfItem 5.B.a of the Basic License Provisions is circled, the one time fee noted therein shall be due and payable upon execution of this Agreement. If Item 5.B.b of the Basic License Provisions is Circled, the fee noted therein shall be due and payable as indicated in that item. If Item 5Aa of the Basic License Provisions is circled, an amount equal to twelve (12) times the Base License Fee, as such fee may be adjusted pursuant to the provisions of Section 2.2, shall be due and payable, without demand, annually in advance for the convenience of both parties, without affecting the Term of this Agreement as specified in Section 1.2. If Item 5.A.b of the Basic License Provisions is circled, the first month's Base License Fee noted therein shall be due and payable up~n execution of this Agreement. Thereafter, the Base License Fee, as such fee may be adjusted pursuant to the provisions of Section 2.2, shall be due and payable, without demand, on or before the first day of each calendar month succeeding the Commencement Date during the Term, except that the Base License Fee for any fractional calendar month at the commencement or end of the Term shall be prorated on a daily basis. . 2.2 License Fee Adiustment. 2.2.1 Annual CPI Adiustment. If Item 5.C.a of the ~asic License Provisions is circled, then the Base License Fee shall be increased, but not decreased, as provided below on the first day of each month during which an annual anniversary of the Commencement Date occurs unless another date(s) is provided in Item 5 ofthe Basic License Provisions (the "Adiustment Date"). The adjusted Base License Fee as of each Adjustment Date shaIl be the greater of the Base License Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction, the numerator of which is the CPI figure for the third month preceding the month during which the particular Adjustment Date occurs and the denominator of which is the CPI figure for the month that is three (3) months prior to the month MTA License Agree.rent- SANBAG Version San Bern Pub Works MI View RRNDOO7622 061301 101001 013100. Revised 101001 1 y . PART II - GENERAL LICENSE PROVISIONS 1. GRANT OF LlCENSEffERM 1.1 Grant of License. SANBAG hereby grants a non~exclusive license to Licensee in, or, across and along the real property of SANBAG in the location shown in the diagram attached hereto as described in Item 1 of the Basic License Provisions (the "License Prooertv"), for construction, installation, ration, maintenance, reconstruction and/or removal of the Facility described in Item 9 of the Basic License d any usual, necessary and related appurtenances thereto (the "Facilitv"), for the purposes described in Item ~ License Provisions, together with rights for access and entry onto the License Property as necessary or . the use of the Facility. In connection with this grant of license, Licensee, its employees. agents, customers, :es, licensees and contractors (collectively, "Licensee's Parties") subject to the provisions hereof, may have hts of entry and access onto adjoining real property of SANBAG if necessary for the use of the Facility or roperty, with the time and manner of such entry and access to be subject to SANBAG's prior written : License Property, adjoining real property of SANBAG and personal property of SANBAG located thereon er collectively be referred to as "SANBAG Prooertv". . 1.2 Term of A2t"eement. The term of this Agreement shall commence on the ent Date" specified in Item 3 of the Basic License Provisions. Unless a specific term of this Agreement is In 4.B of the Basic License Provisions, or if Item 4.A is circled, this Agreement shall continue in full force a month-to-month basis as provided in Item 4.A of the Basic License Provisions until terminated by either (30) days' prior written notice. If/tem 4.B of the Basic License Provisions is filled in, then this Agreement ,nse for the term specified in said Item 4.B; provided, however, that SANBAG shall have the right to Agreement prior to the date specified in Item 4.B by delivering thirty (30) days' prior written notice to ided that SANBAG, in its sole, reasonable judgment, determines that it then may require pos!)ession of the ~rty for its primary, transportation-related purposes. The term of this Agreement as provided above is he "Term". 1.3 Condition of License Prooertv. Licensee acknowledges that it has inspected and .Icense Property in its present condition as suitable for the use for which this Agreement is granted. this Agreement by Licensee shall be conclusive to establish that the License Property is in good and ,odition as of the Commencement Date. 2. PAYMENTS 2.1 License Fee. As consideration for the rights herein granted, Licensee agrees to pay the amount per month specified in Item 5 of the Basic License Provisions, as such amount may be adjusted Section 2.2. If Item 5.B.a of the Basic License Provisions is circled, the one time fee noted therein shall be Jle upon execution of this Agreement. If Item 5.B.b of the Basic License Provisions is circled, the fee noted Je due and payable as indicated in that item. If Item 5.A.a of the Basic License Provisions is circled, an to twelve (12) times the Base License Fee, as such fee may be adjusted pursuant to the provisions of hall be due and payable, without demand, annually in advance for the convenience of both parties, without rerm of this Agreement as specified in Section 1.2. If Item 5.A.b of the Basic License Provisions is circled, h's Base License Fee noted therein shall be due and payable uppn execution of this Agreement. Thereafter, nse Fee, as such fee may be adjusted pursuant to the provisions of Section 2.2, shall be due and payable, nd, on or before the first day of each calendar month succeeding the Commencement Date during the Term, e Base License Fee for any fractional calendar month at the commencement or end of the Term shall be daily basis. 2.2 License Fee Adiustment. . 2.2.1 Annual CPI Adiustment. If Item 5.C.a of the Basic License Provisions is he Base License Fee shall be increased, but not decreased, as provided below on the first day of each month an annual anniversary of the Commencement Date occurs unless another date(s) is provided in Item 5 of the . Provisions (the "Adiustment Date"). The adjusted Base License Fee as of each Adjustment Date shall be the Base License Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction, the which is the CPlfigure for the third month preceding the month during which the particular Adjustment .nd the denominator of which is the CPI figure for the month that is three (3) months prior to the month :ement-SANBAG Version San Bern Pub Works Ml View RRNDOO7622 061301101001 101001 1 y . . . containing the prior Adjustment Date or, if none, the Commencement Date. As used in this section, the "CPI" means the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los AngeleslRiversidelOrange County, all items (1982-84 ~ 100), published by the U.S. Department of Labor, Bureau of Labor Statistics, or if such index is no longer published, the U.S. Department of Labor's most comprehensive official index then in use that most nearly corresponds to the index named above. If it is calculated from a base different from the base period 1982-84 - 100, figures used for calculating the adjustment shall first be converted to the base period used under a formula supplied by the Bureau. If a comparable index shall no longer be published by the U.S. Department of Labor, another index generally recognized as authoritative shall be substituted by SANBAG. 2.2.2 Fair Market Adiustment. If Item 5.C.b of the Basic License Provisions is circled, then, at intervals of not less than three (3) years, the Base License Fee (as such fee may be adjusted by Section 2.2.1, above) payable under this Section 2 shall be increased, but not decreased, in order to adjust the fee to the then fair market rental value of the License Property as determined by SANBAG in good faith. Such increases shall be effective on an anniversary date of the Commencement Date. SANBAG shall give Licensee written notice of the date and amount of any such adjustment not less than thirty (30) days prior to the applicable anniversary date. If no adjustment is made on the third anniversary of the Commencement Date, an adjustment may nevertheless be made on a subsequent date and thereafter at intervals of not less than three (3) years apart. 2.3 Late Charge. Licensee acknowledges that late payment by Licensee of any payment owed to SANBAG under this Agreement will cause SANBAG to incur costs not contemplated by this Agreement, the exact amount of such costs being extremely difficult and impracticable to fix. Therefore, if any payment due from Licensee is not received by SANBAG within five (5) days of when due. Licensee shall pay to SANBAG an additional sum of ten percent (10%) of the overdue payment as a late charge, up to a maximum amount of $500 for each late payment. The parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that SANBAG will incur by reason of a late payment by Licensee. Acceptance of any late payment charge shall not constitute a waiver of Licensee's default with respect to the overdue payment. nor prevent SANBAG from exercising any of the other rights and remedies available to SANBAG under this Agreement, at law or in equity, including, but not limited to, the interest charge imposed pursuant to Section 24.5. 3. TAXES Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax, levied by any governmental authority: (a) against the Facility, the License Property and/or any personal property, fixtures or equipment of Licensee used in connection therewith or (b) as a result of the Facility's operations. 4. CONSTRUCTION Any work perfonned or caused to be performed by Licensee on the Facility or the License Property shall be performed (a) at Licensee's sole cost and expense; (b) in accordance with any and all applicable laws, rules and regulations (including the SANBAG's rules and regulations), and (c) in a manner which is (i) equal to or greater than the then applicable standards of the industry for such work, and (ii) satisfactory to SANBAG. Prior to commencement of any construction, reconstruction, installation, restoration. alteration, repair, replacement or removal (other than normal maintenance) (hereinafter. "Work") on the License Property. Licensee shall submit work plans to SANBAG for review and approval. Any such Work must be carried out pUI:Suant to work plans approved in writing by SANBAG. In addition, Licensee shall provide SANBAG with at least 10 calendar days' written notice prior to commencement of any Work on the License Property or the Facility, except in cases of emergency, in which event Licensee shall notify SANBAG's representative personally or by phone prior to commencing any Work. Unless otherwise requested by SANBAG, upon completion of any Work, Licensee shall restore the SANBAG Property to its condition immediately preceding the commencement of such Work. 5. CONTRACTORS; APPROVAL AND INSURANCE Any contractors of Licensee performing Work on the Facility or the License Property shall first be approved in writing by SANBAG. With respect to such Work, Licensee shall, at its sole cost and expense, obtain and maintain in full force and effect throughout the term of such Work, insurance, as required by SANBAG, in the amounts and coverages specified on, and issued by insurance companies as described on, Exhibit "B". Additionally, Licensee shall cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or (ii) may, for any reason, need to enter onto the License Property to obtain and maintain in fuB force and effect during the MTA License Agreemem -SANBAG Version 013100. Revised 101001 San Bern Pub Works MI View RRNDOO7622 061301 101001 Y 2 . he prior Adjustment Date or, if none, the Commencement Date. As used in this section, the "CPI" means the 'rice Index for Urban Wage Earners and Clerical Workers, Los AngeleslRiversidelOrange County, all items 100), published by the U.S. Department of Labor, Bureau of Labor Statistics, or if such index is no longer he U.S. Department of Labor's most comprehensive official index then in use that most nearly corresponds to )med above. If it is calculated from a base different from the base period 1982-84 ~ 100, figures used for the adjustment shall first be converted to the base period used under a formula supplied by the Bureau. If a index shall no longer be published by the U.S. Department of Labor, another index generally recognized as e shall be substituted by SANBAG. 2.2.2 Fair Market Adiustment. If Item 5.C.b of the Basic License Provisions is n, at intervals of not less than three (3) years, the Base License Fee (as such fee may be adjusted by I, above) payable under this Section 2 shall be increased, but not decreased, in order to adjust the fee to the arket rental value of the License Property as determined by SANBAG in good faith. Such increases shall be , an anniversary date of the Commencement Date. SANBAG shall give Licensee written notice of the date and my such adjustment not less than thirty (30) days prior to the applicable anniversary date. If no adjustment is ~ third anniversary of the Commencement Date, an adjustment may nevertheless be made on a subsequent date er at intervals of not less than three (3) years apart. . 2.3 Late Char2e. Licensee acknowledges that late payment by Licensee of any payment \NBAG under this Agreement will cause SANBAG to incur costs not contemplated by this Agreement, the :ot of such costs being extremely difficult and impracticable to fix. Therefore, if any payment due from not received by SANBAG within five (5) days of when due, Licensee shall pay to SANBAG an additional sum oot (10%) of the overdue payment as a late charge, up to a maximum amount of $500 for each late payment. agree that this late charge represents a fair and reasonable estimate of the administrative costs that SANBAG y reason of a late payment by Licensee. Acceptance of any late payment charge shall not constitute a waiver of lefault with respect to the overdue payment, nor prevent SANBAG from exercising any of the other rights and ailable to SANBAG under this Agreement, at law or in equity, including, but not limited to, Ihe interest charge rsuant to Section 24.5, 3. TAXES Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or including but not limited to any possessory interest lax, levied by any governmental authority: (a) against the e License Property andlor any personal property, fixtures or equipment of Licensee used in connection r (b) as a result of the Facility's operations. 4. CONSTRUCTION Any work performed or caused to be performed by Licensee on the Facility or the License ,all be performed <a) al Licensee's sole cost and expense; (b) in accordance with any and all applicable laws, 'gulations (including the SANBAG's rules and regulations), and (c) in a manner which is (i) equal to or greater 'en applicable standards of the industry for such work, and (ii) satisfactory to SANBAG. Prior to nent of any construction, reconstruction, installation. restoration. alteration. repair. replacement or removal normal maintenance) (hereinafter. "Work") on the License Property, Licensee shall submit work plans to for review and approval. Any such Work must be carried out pur~uant to work plans approved in writing by In addition, Licensee shall provide SANBAG with at least '\0 calendar days' written notice prior to nent of any Work on the License Property or the Facility, except in cases of emergency, in which event ]all notify SANBAG's representative personally or by phone prior to commencing any Work; Unless otherwise 'y SANBAG, upon completion of any Work, Licensee shall restore the SANBAG Property to its condition y preceding the commencement of such Work. 5. CONTRACTORS; APPROVAL AND INSURANCE . Any contractors of Licensee performing Work on the Facility or the License Property shall roved in writing by SANBAG. With respect to such Work, Licensee shall, at its sole cost and expense, obtain in in full force and effect throughout the term of such Work, insurance, as required by SANBAG, in the ld coverages specified on, and issued by insurance companies as described on. Exhibit "B". Additionally, ,all cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or (ii) lY reason, need to enter onto the License Property to obtain and maintain in full force and effect during the ~greement - SANBAG Version .:d 101001 2 San Bern Pub Works Mt View RRNDOO7622 061301 101001 Y . . . Term of this Agreement, or throughout the term of such Work (as applicable), insurance, as required by SANBAG, in the amounts and coverages specified on, and issued by insurance companies as described on, Exhibit liB". SANBAG reserves the right, throughout the Term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement or the Work to be performed on the License Property. 6. REIMBURSEMENT Licensee agrees to reimburse SANBAG for all reasonable costs and expenses incurred by SANBAG in connection with Work on or maintenance of the License Property or the Facility, including, but not limited to, costs incurred by SANBAG in furnishing any materials or performing any labor, reviewing Licensee's Work plans and/or inspecting any Work, installing or removing protection beneath or along SANBAG's tracks, furnishing of watchmen, flagmen and inspectors as SANBAG deems necessary and such other items or acts as SANBAG in its sole discretion deems necessary to monitor or aid in compliance with this Agreement. 7. LIENS Licensee will fully arid promptly pay for all materials joined or affixed to the Facility or SANBAG Property, and fully and promptly pay all persons who perform labor upon said Facility or SANBAG Property. Licensee shall not suffer or permit to be filed or enforced against the SANBAG Property or the Facility, or any part thereof, any mechanics', materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance or Work, or out of any other claim or demand of any kind. Licensee shall payor cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by SANBAG with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend SANBAG from all obligations and claims made against SANBAG for the above described work, including attorney's fees. Licensee shall furnish evidence of payment upon request of SANBAG. Licensee may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to SANBAG in compliance with applicable California law. If Licensee does not discharge any mechanic's lien or stop notice for works performed for Licensee, SANBAG shall have the right to discharge same (including by paying the claimant) and Licensee shall reimburse SANBAG for the cost of such discharge within ten (10) business days after billing. SANBAG reserves the right at any time to post and maintain on the SANBAG Property such notices as may be necessary to protect SANBAG against liability for all such liens and claims. The provisions of this section shall survive the tennination of this Agreement. 8. MAINTENANCE AND REPAIR Licensee, at Licensee's sole expense, shall maintain the License Property and the Facility in a first-class condition during the Term of this Agreement and shall perform all maintenance and clean-up of the License Property and the Facility as necessary to keep the License Property and the Facility in good order and condition, to SANBAG's satisfaction. If any portion of the SANBAG Property, including improvements or fixtures, suffers damage by reason of the access to or use of the License Property, by Licensee, Licensee's Parties or by Licensee's partners, officers or directors, including but not limited to damage arising from any tests or investigations conducted upon the License Property, Licensee shall, at its own cost and expense, immediately repair all such damage and restore the SANBAG Property to as good a condition as before such cause of damage occurred. Repair of damage shall include, without limitation, regrading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any excavation by Licensee or Licensee's Parties. 9. LANDSCAPING If required by SANBAG, then Licensee, at its sole cost and expense, shall install barrier landscaping to shield the Facility from public view. SANBAG shall have the right to review and approve landscaping plans prior to installation. All landscaping work shall be done in accordance with the provisions of Section 4 above. 10. USE The License Property and the Facility shall be used only for the purposes specified in Item 2 of the Basic License Provisions and for such lawful purposes as may be directly incidental thereto. No change shall be made by Licensee in the use of the License Property, the Facility or the commodity or product being conveyed through the Facility (if any) without SANBAG's prior written approval. MTA Ucense Agreement - SANBAG Version 013100, Revised 101001 San Bem Pub Works Mt View RRNOOO1622 061301 101001 Y 3 . of this Agreement, or throughout the term of such Work (as applicable), insurance, as required by SANBAG, in the Its and coverages specified on, and issued by insurance companies as described on, Exhibit "B". SANBAG reserves .;ht, throughout the Term of this Agreement, to review and change the amount and type of insurance coverage it " in connection with this Agreement or the Work to be performed on the License Property. 6. REIMBURSEMENT Licensee agrees to reimburse SANBAG for all reasonable costs and expenses incurred by lAG in connection with Work on or maintenance of the License Property or the Facility, including, but not limited sts incurred by SANBAG in furnishing any materials or performing any labor, reviewing Licensee's Work plans inspecting any Work, installing or removing protection beneath or along SANBAG's tracks, furnishing of men, flagmen and inspectors as SANBAG deems necessary and such other items or acts as SANBAG in its sole ,tion deems necessary to monitor or aid in compliance with this Agreement. 7. LIENS . Licensee will fully and promptly pay for all materials joined or affixed to the Facility or lAG Property, and fully and promptly pay all persons who perform labor upon said Facility or SANBAG Property. see shall not suffer or permit to be filed or enforced against the SANBAG Property or the Facility, or any part If, any mechanics', materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim for ~e growing out of, any testing, investigation, maintenance or Work, or out of any other claim or demand of any kind. .see shall payor cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, er with attorney's fees incurred by SANBAG with respect thereto, within ten (10) business days after notice thereof >all indemnify, hold harmless and defend SANBAG from all obligations and claims made against SANBAG for the described work, including attorney's fees. Licensee shall furnish evidence of payment upon request of SANBAG. ,ee may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop 's to SANBAG in compliance with applicable California law. If Licensee does not discharge any mechanic's lien or otice for works performed for Licensee, SANBAG shall have the right to discharge same (including by paying the lOt) and Licensee shall reimburse SANBAG for the cost of such discharge within ten (10) business days after billing. BAG reserves the right at any time to post and maintain on the SANBAG Property such notices as may be necessary )tect SAN BAG against liability for all such liens and claims. The provisions of this section shall survive the lation of this Agreement. 8. MAINTENANCE AND REPAIR Licensee, at Licensee's sole expense, shall maintain the License Property and the Facility in a lass condition during the Term of this Agreement and shall perform all maintenance and clean-up of the License 'rty and the Facility as necessary to keep the License Property and the Facility in good order and condition, to BAG's satisfaction. If any portion of the SAN BAG Property, including improvements or fixtures, suffers damage by n of the access to or use of the License Property, by Licensee, Licensee's Parties or by Licensee's partners, officers or ors, including but not limited to damage arising from any tests or investigations conducted upon the License rty, Licensee shall, at its own cost and expense, immediately repair all such damage and restore the SANBAG rty to as good a condition as before such cause of damage occurred. Repair of damage shall include, without tion, regrading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any ation by Licensee or Licensee's Parties. 9. LANDSCAPING If required by SANBAG, then Licensee, at its sole cost and expense, shall install barrier ;aping to shield the Facility from public view. SANBAG shall have the right to review and approve landscaping prior to installation. All landscaping work shall be done in accordance with the provisions of Section 4 above. 10. USE . The License Property and the Facility shall be used only for the purposes specified in Item 2 , Basic License Provisions and for such lawful purposes as may be directly incidental thereto. No change shall be by Licensee in the use of the License Property, the Facility or the commodity or product being conveyed through the ty (if any) without SANBAG's prior written approval. .icense Agreemenl- SANBAG Version ). Revised 101001 3 San Bern Pub Works Mt View RRNDOO7622 061301101001 y . 11. ABANDONMENT Should Licensee at anytime abandon the use of the Facility or the License Property, or any part thereof, or fail at any time for a continuous period of ninety (90) days to use the same for the purposes contemplated herein, then this Agreement shall tenninate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, SANBAG shaJJ immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this Agreement. 12. BREACH Should Licensee breach, or fail to keep, observe or perform any agreement, covenant, term or condition on its part herein contained, then, in addition to any other available rights and remedies, SANBAG at its option may: (a) perform any necessary or appropriate corrective work at Licensee's expense, which Licensee agrees to pay to SANBAG upon demand, or (b) with or without written notice or demand, immediately terminate this Agreement and at any time thereafter, recover possession of the License Property or any part thereof, and expel and remove therefrom Licensee and any other person occupying the License Property by lawful means, and again repossess and enjoy the License Property and the Facility, without prejudice to any of the remedies that SANBAG may have under this Agreement, at law or equity by reason of Licensee's default or of such termination. 13. SURRENDER . Upon termination of this Agreement, unless otherwise requested in writing by SANBAG prior to the date of termination, Licensee, at its own cost and expense, shall immediately remove the Facility and restore the SAN BAG Property as nearly as possible to the same state and condition as existed prior to the construction, reconstruction or installation of said Facility. Should Licensee fail to comply with the requirements of the preceding sentence, SANBAG may at its option (i) perform the same at Licensee's expense, which costs Licensee agrees to pay to SANBAG on demand, or (ii) assume title and ownership of said Facility. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Facility is removed and the SANBAG Property is restored. 14. INDEMNIFICATION Licensee, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to SAN BAG), and hold harmless SANBAG and its subsidiaries, officers, directors, employees, agents, successors and assigns (individually and collectively, "Indemnitees"), to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of the Licensee, or its officers, directors, affiliates, Licensee's Parties or anyone directly or indirectly employed by or for whose acts Licensee is liable (collectively, "Personnel") or invitees of Licensee in connection with the SANBAG Property or arising from the presence upon or performance of activities by Licensee or its Personnel with respect to the SANBAG Property, (ii) bodily injury to or death of any person (including employees of Indemnitees) or damage to or loss of use of property resulting from such acts or omissions of Licensee or its Personnel, or (iii) non-performance or breach by Licensee or its Personnel of any term or condition of this Agreement, in each case whether occurring during the Term of this Agreement or thereafter. . The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless c,used solely by the gross negligence or willful misconduct of Indemnitees; shall survive termination of this Agreement; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this Agreement. Upon request of SANBAG, Licensee shall provide insurance coverage for possible claims or losses covered by the indemnification and defense provisions of this Agreement. Claims against the Indemnitees by Licensee or its Personnel shall not limit the Licensee's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any MTA License Agreement - SANBAG Version 013100, Revised 101001 San Bern Pub Works Ml View RRNDOO7622 061301 101001 4 y . . . limitation on the amount or type of damages. compensation, or benefits payable by or for a Licensee or its Personnel under workers' compensation acts, disability benefit acts or other employee benefit acts or insurance. IS. ASSUMPTION OF RISK AND WAIVER To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property. including without limitation, the Facility, the SANBAG Property and any other property of, or under the control or custody of, Licensee, which is on or near the License Property. Licensee's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the SANBAG Property, accident or fire or other casualty on the SANBAG Property, or electrical discharge, noise or vibration resulting from SANBAG's transit operations on or near the SANBAG Property. The term "SANBAG" as used in this section shall include: (i) any transit or rail-related company validly operating upon or over SANBAG's tracks or other property, and (ii) any other persons or companies employed, retained or engaged by SAN BAG. Licensee, on behalf of itself and its Personnel (as defined in Section 14) as a material part of the consideration for this Agreement, hereby waives all claims and demands against SANBAG for any such loss, damage or injury of Licensee andlor its Personnel. In that connection, Licensee waives the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The provisions of this section shall survive the termination of this Agreement. 16. INSURANCE Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect during the Term of this Agreement insurance as required by SANBAG in the amounts and coverages specified and issued by insurance companies as described on Exhibit "B". SANBAG reserves the right, throughout the Term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement or the Work to be perfomled on the License Property. Prior to (i) entering the License Property or (ii) performing any Work or maintenance on the License Property, Licensee shall furnish SANBAG with insurance endorsements or certificates evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. In most instances, SANBAG does not allow self-insurance. however, if Licensee can demonstrate assets and retention funds meeting SANBAG's self-insurance requirements, SANBAG may permit Licensee to self-insure, provided, however that the right to self-insure with respect to any coverage required to be maintained hereunder may be granted or revoked by SANBAG at its sole and absolute discretion. SANBAG shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by Licensee under this Agreement. 17. TESTS AND INSPECTIONS SANBAG shall have the right at anytime to inspect the License Property and the Facility so as to monitor compliance with this Agreement. If, in SANBAG's sole judgment, any installation on, or use or condition of the License Property may have an adverse effect on the SANBAG Property, adjacent property (whether or not owned by SANBAG) or SANBAG operations, SANBAG shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the License Property, as it determines to be necessary or useful to evaluate the condition of the License Property. Licensee shall cooperate with SANBAG in any tests or inspections deemed necessary by SANBAG. Licensee shall payor reimburse SANBAG, as appropriate, for all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter. 18. IIAZARDOUSrrOXIC MATERIALS USE AND INDEMNITY Licensee shall operate and maintain the License Property in complilftlce with all, and shall not cause or permit the License Property to be in violation of any federal, state or local environmental, health and/or safety.related laws, regulations, standards, decisions of the courts, permits or pennit conditions, currently existing or as amended or adopted in the future which are or become applicable to Licensee or the License Property ("Environmental Laws"). Except for Hazardous Materials expressly approved by SANBAG in writing as shown on Exhibit "C", Licensee shall not cause or pennit, or allow any of Licensee's Parties to cause or permit, any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or about the SANBAG Property. Any Hazardous Materials on the site shall be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used MTA licenseAgreemenl- SANBAG Version 013100, Revised 101001 5 San Bern Pub Works Ml View RRNOOO7622 061301101001 Y . herein, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects. Licensee shall indemnify, defend (by counsel acceptable to SANBAG) and hold harmless the Indemnitees (as defined in Section 14) from and against all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting, engineering, and construction fees and expenses) incurred by Indemnitees as a result of (a) Licensee's breach of any prohibition or provision of this section, or (b) any release of Hazardous Materials upon or from the Facility or the License Property or contamination of the SANBAG Property or adjacent property (i) which occurs due to the use and occupancy of the Facility or the SANBAG Property by Licensee or Licensee's Parties, or (ii) which is made worse due to the act or failure to act of Licensee or Licensee's Parties. The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees; shall survive termination of this Agreement; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this Agreement. In addition, in the event of any release on or contamination of the License Property, Licensee, at its sole expense, shall promptly take all actions necessary to clean up the affected property (including the SANBAG Property and all affected adjacent property -- whether or not owned by SANBAG) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of SANBAG and any governmental authorities having jurisdiction thereover. 19, UNDERGROUND STORAGE TANKS . NEITHER LICENSEE NOR LICENSEE'S PARTIES SHALL INSTALL OR USE ANY UNDERGROUND STORAGE TANKS ON THE LICENSE PROPERTY UNLESS SPECIFICALLY APPROVED IN ADVANCE IN WRITING BY SANBAG. WHICH APPROVAL MAY BE WITHHELD IN SANBAG'S SOLE DISCRETION. At SANBAG's option, upon the termination of this Agreement at any time and for any reason, Licensee shall. prior to the effective date of such termination, remove and close all underground storage tanks and related equipment and clean up and remove all Hazardous Materials in. on, under and about the SANBAG Property, in accordance with the requirements of all Environmental Laws and to the satisfaction of SANBAG and any governmental authorities having jurisdiction thereover, and deliver to SANBAG a copy of a certificate of closure issued. for such tanks by the appropriate governmental authority. 20. SUBORDINATE RIGHTS This Agreement is subject and subordinate to the prior and continuing right and obligation of SANBAG, its successors and assigns, to use the SANBAG Property in the exercise of its powers and in the performance of its duties, including those as a public transportation body. Accordingly, there is reserved and retained unto SANBAG, its successors, assigns and permittees, the right to construct, reconstruct, maintain and use existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along the SANBAG Property. and in connection therewith the right to grant and convey to others, rights and interests to the SANBAG Property onihe License Property and in the vicinity of Facility. This Agreement is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title ("title exceptions") which may affect the SANBAG Property now or hereafter, and the words "grant" or "convey" as used herein shall not be construed as a covenant against the existence of any such title exceptions. 21. COMPLIANCE WITH LAWS . Licensee shall comply with all applicable federal, state and local laws, regulations, rules and orders in its work on, or maintenance, inspection, testing or use of, the Facility and the SANBAG Property and shall furnish satisfactory evidence of such compliance promptly upon request of SANBAG. SANBAG may enter the License Property to inspect the Facility at any time, upon provision of reasonable notice of inspection to Licensee. Licensee shall obtain all required permits or licenses required by any governmental authority for its use of the License Property and the Facility, at its sole cost and expense. MTA License Agreement - SANBAG Version 013100, Revised 101001 6 San Bern Pub Works Mt View RRNDOO7622 061301 101001 Y . . . 22. CONDEMNATION In the event all or any portion of the License Property shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Licensee shall receive compensation (if any) only for the taking and damage to the Facility. Any other compensation or damages arising out of such taking or condemnation awarded to Licensee are hereby assigned by Licensee to SANBAG. 23. MARKERS Project markers in form and size satisfactory to SANBAG, identifying the Facility and its owners, will be installed and constantly maintained by and at the expense of Licensee at such locations as SANBAG shall designate. Such markers shall be relocated or removed upon request of SANBAG without expense to SANBAG. Absence of markers in or about SANBAG Property does not constitute a warranty by SAN BAG of the absence of subsurface installations. 24. GENERAL PROVISIONS 24.1 Notices. All notices and demands which either party is required to or desires to give to the other shall be made in writing by personal delivery, by express courier service or by certified mail postage prepaid, and addressed to such party at its address set forth in the Basic License Provisions. Either party may change its address for the receipt of notice by giving written notice thereof to the other party in the manner herein provided. Notices shall be effective only upon receipt by the party to whom notice or demand is given. 24.2 Non-Exclusive License. The license granted herein is not exclusive and SANBAG specifically reserves the right to grant other licenses within the License Property. 24.3 Governing Law. This Agreement shall be governed by the laws of the State of California. 24.4 Severabilitv. If any tenn, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the tenns, covenants, conditions, or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no "way be affected. impaired or invalidated thereby. 24.5 Interest on Past-due Obligations. Except as expressly herein provided, any amount due to SANBAG that is not paid when due shall bear interest, from the date due, at the maximum rate then allowable by law. Such interest will be due SANBAG as it accrues. Payment of such interest shall not excuse or cure any default by Licensee under this Agreement, provided, however, that interest shall not be payable on late charges incurred by Licensee. 24.6 Caotions. The captions included in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof. or in any way affect the interpretation of this Agreement. 24.7 Survival of Obligations. All obligations of Licensee hereunder not fully performed as of the expiration or earlier termination of the Term of this Agreement shall survive the expiration or earlier termination of this Agreement, including without limitation, all payment obligations with respect to License Fees and all obligations concerning the condition of the SANBAG Property and the Facility. 24.8 Waiver of Covenants or Conditions. The waiver by one party of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall fi be considered a waiver by it of any other covenant or condition under this Agreement. 24.9 Effective DatelNonbinding Offer. Submission of this License for examination or signature by Licensee does not constitute an offer or option for license, and it is not effective as a license or otherwise until executed and delivered by both SANBAG and Licensee. Each individual executing this License on behalf of SANBAG or Licensee represents and warrants to the other party that he or she is authorized to do so. MT A License Agreement - SAN BAG Version 013100, Revised 101001 San Bern Pub Works Ml View RRNDOO1622 061301 101001 Y 7 - 24.10 Amendment. This Agreement may be amended at any time by the written agreement SWAG and Licensee. All amendments, changes, revisions, and discharges of this Agreement in whole or in part, j from time to time, shall be binding upon the parties despite any lack of legal consideration, so long as the same shall in writing and executed by the parties hereto. 24.11 Assil!l1ment. This Agreement and the license granted herein are personal to the censee. Licensee shall not assign or transfer (whether voluntary or involuntary) this Agreement in whole or in part, or rmit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of \NBAG, which may be withheld in SANBAG's sole and absolute discretion, and any attempted act in violation of the regoing shall be void and without effect and give SANBAG the right to immediately terminate this Agreement. 24.12 Attornevs' Fees. In any judicial or arbitration proceeding involving performance ,der this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney's fees d costs. 24.13 Nondiscrimination. Licensee certifies and agrees that all persons employed thereby dlor the affiliates, subsidiaries, or holding companies thereof and any contractors retained thereby with respect to the cense Property are and shall be treated equally without regard to or because of race, religion. ancestry, national origin, or ", and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment actices Act. 24.14 Further Acts. Licensee agrees to perform any further acts and to execute and deliver recordable fonn any documents which may be reasonably necessary to carry out the provisions of this Agreement, ;Iuding, at SANBAG's sole discretion,the relocation of the Facility and the license granted hereby. 24.15 Termination for Public Proiect. Licensee hereby expressly recognizes and agrees that , .ses are located on SANBAG property that may be developed for public projects and programs which may be 'pi ted by SANBAG or other public agencies, such as, but not limited to: rail and bus transitways, bikeways, 11kways, beautification projects and other public uses (collectively "Project"), and that Licensee's use of the premiserANBAGI ider this License is an interim use. Accordingly, as a condition to entering into this License, SANBAG expressly ~erves the right to terminate the License for any of such public Project. Licensee expressly acknowledges and agrees 1t: (1) SANBAG may terminale this license for any public project; (2) Licensee will NOT oppose any public Project "len planned or implemented on or adjacent to the Premises; and (3) in the event SANBAG terminates this License and. quires Licensee to vacate the Premises for any -public Project, Licensee (a) shall not be entitled to receive any relocation . jistance, moving expenses, goodwill or other payments under the Uniform Relocation Assistance and Real Property ,quisition Policies Act of 1970, as amended, 42 U.S.c. 14601 et seq. andlor the California Relocation Assistance Law, amended, California Government Code 17260 et seq; and (b) shall not be entitled to any compensation under the ninent domain law, as a result of such termination and vacation of the Premises. 24.16 Time of Essence. Time is of the essence. 24.17 No Recordimz. Licensee shall not record or permit to be recorded in the official cords of the county where the License Property is located, this Agreement, any memorandum of this Agreement or any her document giving notice of the existence of this Agreement or the license granted hereby. 24.18 Revocable License. Licensee agrees that notwithstanding the improvements made ! Licensee to the License Property or other sums expended by Licensee in furtherance of this Agreement, the license 'anted herein is revocable by SANBAG in accordance with the terms of this Agreement. 24.19 Entire AlITeement; Amendments. This Agreement and the Exhibits hereto constitute e entire agreement between the Parties with respect to the subject matter hereof and supersede all prior verbal Or written :reements and understandings between the Parties with respect to the items set forth herein. This Agreement may be nended at any time by the written agreement of SANBAG and Licensee. All amendments, changes, revisions, and sea of this Agreement in whole or in part, and from time to time, shall be binding upon the parties despite any lack 'Ie nsideration, so long as the same shall be in writing and executed by the parties hereto. 24.20 Additional Provisions. Those additional provisions set forth in Exhibit "D", if any, e hereby incorporated by this reference as if fully set forth herein. fA license Agreemenl- SANBAG Version 1]100. Revised 101001 8 San Bem Pub Works Mt View RRNDOO7622 061301101001 y SAN BAG PROPERTY LINE ~& '~ &/0 ~,,~ C ~~~ '. ,~ ~, ", " "- "- " s: o c: z ~ - Z < - m ~ N w- -8 MP 5.16 ES 270+55 s <UQo .~ " ~~ ~. ~V~~ SAN BAG PROPERTY LINE " 10(} o 100 200 r-- I feet scale Map Reference RND 2B Community Mile Post 5.16 City SAN BERNARDINO Thomas Guide Grids REDLANDS Engineers Station 270+55 County SAN BERNARDINO Area 11,000 SQ.FT. Nearest Cross St. MT. VIEW 607 05 Use STORM Legend 'WoW.w." DRAIN IMPROV. 1!:Il:!::n ~ :::0 o "- " APN No. 292-03-43 Lesseellicensee EXHIBIT 'A' CITY OF SAN BERNARDINO DEPT. OF PUBLIC WORKS San Bernardino Assoctaled Governments 472 North Arrowhead Ave. San Bernardino, CA 92401-1421 MTA File No. RRND007622 Scale Date MLS 1"=100' 6/13/01 . Exhibit "Boo INSURANCE REQUIREMENTS FOR LEASES, LICENSES, AND PERMITS Lessee, Licensee, or Permittee shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, die use of SANBAG and MT A property hereunder lly the Lessee, Licensee, or Permittee, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance (Check all applicable boxes) Coverage shall be at least as broad as: ~ Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). ~ Insurance Services Office Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). ' ~ Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. ~ Course of Construction insurance form providing coverage for "all risks" ofloss. Property insurance against all risks of loss to any tenant improvements or betterments. Insurance Services Office Railroad Protective Liability Contractor's Pollution Liability with coverage for: a. bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; b. property damage including physical injury to or destruction of tangible rroperty including the resulting loss of use thereof, clean-up costs, and the loss of use 0 tangible property that has not been physically injured or destroyed; c. defense, including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; and . d. losses caused by pollution conditions that arise from the operations of the contractor described under the scope of services of this contract. " Minimum Limits of Insurance (Check all applicable boxes) Lessee, Licensee, or Permittee shall maintain limits no less than: ~ General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. ~ If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecl/location or the general aggregate limit shall be twice the required occurrence limit. ~ Automoblle LIability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injl!ry or disease. Course of Construction: Completed value of the project. Property Insurance: Full replacement cost with no coinsurance penalty provision. Railroad Protective Liability: $2,000,000 per occurrence. Aggregate limit shall apply separately to this project/location or the aggregate limit shall be twice the required per occurrence limit o Contractors Pollution Liability: $1,000,000 per occurrence $2,000,000 annual aggregate. Deductibles and Self-Insured Retentions f . Any deductibles or self-insured retentions must be declared to and approved by SANBAG and MTA. At the option of SANBAG and MT A, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects SANBAG and MT A, its officials and employees; or the Lessee, Licensee, or Permittee shall procure a bond guaranteeing payment of losses, and related investigations, claim administration and defense expenses. MTA License Agreemenl- SANBAG VCf'3ion 013100, ReviSled 101001 10 San Bern Pub Works MI View RRNDOO7622 061301 101001 Y . Exhibit "B" Other Insurance Provisions . The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. SANBAG and MT A, its subsidiaries, officials and employees are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Lessee, Licensee, or Permittee; products and completed operations of the Lessee, Licensee, or Permittee; premises owned, occupied or used by the Lessee, Licensee, or Permittee; and automobiles owned, leased, hired or borrowed by the Lessee, Licensee, or Permittee. The coverage shall contain no special limitations on the scope of protection afforded to SANBAG and MT A, its subsidiaries, officials and employees. 2. For any claims related to this project, the Lessee, Licensee, or Permittee's insurance coverage shall be primary insurance as respects SANBAG and MT A, its subsidiaries, officials and employees. Any IUsurance or self-insurance maintained by SANBAG and MT A, its subsidiaries, officials ani:! employees shall be excess of the contractors insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SANBAG and MT A, its subsidiaries, officials and employees. 4. The Lessee, Licensee, or Permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suwended, voided, canceled by either a party, or reduced in coverage or in limits, except after thirty (30 days' prior written notice by certified mail, return receipt requested, has been given to SANBAG an MTA. 6. Workers' Compensation and Employer's Liability policies shall contain the inclusion of the SANBAG and MT A, its Subsidiaries, officials and employees as additional insured, or provide a waiver of subrogation. Course of construction policies shall contain the following provisions: 1. SANBAG and MT A shall be named as loss payee. 2. The insurer shall waive all rights subrogation against SANBAG and MT A. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise approved by SANBAG and MTA. Verification of Coveral/e Lessee, Licensee, or Permittee shall furnish SANBAG and M'I' A with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on Its behalf. All documents are to be received and approved by the SANBAG and MT A before worK commences. As an alternative, the Lessee, Licensee, or Permittee may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage reqUired by these specifications. . Contractors and Subcontractors Lessee, Licensee, or Permittee shall include all contractors and subcontractors as insureds under its policies or require certificates and endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated herein. The administration of insurance compliance of contractors ani:! subcontractors shall be subject to audit review by SANBAG and MTA. MT A License Agreemenl- SANBAG Version 013100. Revised 101001 11 San Bern Pub Works Mt View RRNOOO7622 061301 101001 Y . . . Exhibit "C" Permitted Hazardous Materials No hazardous materials are permitted to be used or stored on License Property. I MTA License Agreement - SANBAG Version 013100. Revised 101001 12 San Bern Pub Works Mt View RRNOOO1622 061301 101001 y . . . Exhibit "D" Additional Provisions 1. Importation of SoillFiII Dirt. Licensee shall not bring upon or use any Import Soil on the Premises in conjunction with any purposes allowed under this Agreemen~ until said Import Soil has been laboratory tested by a certified hazardous waste testin!! laboratory and the test results have been approved by MTA's Environmental Consultant. Additionally, any soil currently existing on the Premises may not be spread on the Premises unless and until it is characterized as Clean Soil to the reasonable satisfaction of MTA's Environmental Consultant. 2. Maintenanee of Premises. Licensee shall keep the Premises free and clear of weeds, trash, vegetation, unauthorized vehicle parking, graffiti and occupancy by transients/homeless persons or individuals. Licensee shall be fully responsible for ALL maintenance and maintenance that is required or necessary in connection with Licensee's use of Premises. 3. Protection of Under!!round and Abovel!round Installations. Licensee shall ensure that it and Licensee's Parties protect, from and against any and all damage, all underground and aboveground installations and improvements, such as pipes, fiber optic lines and wires, which may be impacted by any work or any use of the Premises by Licensee. 4. Improvements. Both Licensee and MTA acknowledge that the Premises is leased in "AS IS" condition and any track removal, grading, paving and fencing as may be necessary or required to meet Licensee's needs will be the sole responsibility of the Licensee. No permanent structures may be constructed on the premises without MTA's prior written approval. Licensee will be responsible for the removal of all permitted improvements upon termination of Lease. 5. Utilities. Licensee shall pay for any and all utilities for its benefit. security and use. 6. Warranties. The MT A makes no warranties as to the suitability of the location for Licensee's intended use as to zoning, visibility, traffic count or any other factors which may cause Licensee to want to lease,the premises. 7. Zonin!! or Permittin!!. Any permits, inspection fees, or costs associated with the use or maintenance of the Premise by any governmental agency, department, or organization, or any labor expenses for the installation or maintenance of any permitted improvements are the Licensee's sole responsibility. Copies of permits are to be readily available for inspection by MT A personnel. 9. Si!!na!!e. NO SIGNS PERMITTED on, or along the perimeter of the Premises unless such signs were requested and approved under your original proposal and covered by the required insurance. INITI A 1<;; 411 Ucensee MTA MT A license Agreement - SANBAG Version 013100. Revised 101001 San Bern Pub Works MI View RRNOOO7622 061301 101001 13 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: April 17, 2002 TO: Mehran Sepehri, Senior Civil Engineer FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-107 At the Mayor and Common Council meeting of April 15, 2002, the City of San Bernardino adopted Resolution 2002-107 - Resolution awarding a contract to Herman Weissker, Inc., for storm drain improvement at Mt. View Avenue from Mission Creek to 800' north, per Plan No. 10175. I am providing you with one certified copy of Resolution 2002-107 and four (4) original bound contracts. Please obtain signatures where indicated and return one fully executed original contract to the City Clerk's office as soon as possible. Please be advised that the resolution and contract will be null and void if not executed within 60 days, or by June 14,2002. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Signe Please sign and return. Date: CITY OF SAN BERNARDINO Interoffice Memorandwn CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: June 3, 2002 TO: Mehran Sepehri, Senior Civil Engineer FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-107 - Agreement with Herman Weissker, Inc. Our office has not received the executed contract with Herman Weissker, Inc., for storm drain improvement at Mt. View Avenue from Mission Creek to 800' north, per Plan No. 10175, which was approved at the Mayor and Common Council meeting held on April 15, 2002. Please forward the executed contract to the City Clerk's office, to my attention. Note: The resolution and contract will be null and void ifnot executed by June 14,2002. If you have any questions, please call me at ext. 3206. ~ ~ ( OFFICE OF THE CITY CLERK RAcHEL G. CURK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-bernardino.ca.us w April 19, 2002 Velma C. Marshall Director of Real Estate San Bernardino Associated Governments clo LA County Metropolitan Transportation Authority One Gateway Plaza, 13th Floor, RRND007622 Los Angeles, CA 90012-2952 Dear Ms. Marshall, At the Mayor and Common Council meeting of April IS, 2002, the City of San Bernardino adopted Resolution 2002-108 - Resolution authorizing the execution of a license agreement between the City of San Bernardino and the San Bernardino Associated Governments (SANBAG) for crossing under SANBAG property at Mt. View Avenue and the Metrolink railroad track. Enclosed are two (2) original agreements. Please sign in the appropriate locations and return one original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by June 14, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, /}/r d,dti ,J../[\ ./ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty ,-; CITY OF San Bernardino OFFICE OF THE CITY ADMINISTRATOR RISK MANAGEMENT DIVISION CITY OF SAN BERNARDINO Risk Management Division 300 North "0" Street San Bernardino, California 92418 Phone no: (909) 384-5308 and (909) 384-5173 Fax No: (909) 384-5397 ComDanv: ,FAX COVEB SH...E.il NA $ ~ ~ ~,,; /<. /J- s~ fr,dl 'P !f-tJ/# /Z. /I I/; /'J-VT fi ~ , ..>1".1'. 7t/7 - 7.:16 -"2.-7/3 I2.;. Fax Number: From: f tt2 m /ff /1-/Z~ JC- 7"- ~ t9 -tf} 2-- ~ No. of Daoes to follow: 2-'2-- If you do not receive all pages or have any questions, please contact: rJ/2/YL at (909) 384- StfJ70 in the Risk Management Division. 5'otf~ntlt' Comments: . / AIr: e C/ ;4- C--c- IZ- rl,c I c--rl-T t:? (f) F /~fcv~I'1;vc-e; rtP"e.- C-p2-t/e~#-G~ d7t/~,.tL r"v'/ (J I ry;' 5';;'?- r - /.vfk:--,e.#-tf/~ 5 &" ~ ,P,;+y,c> S; /tl ",.-~p II t9'-r- Ac,li?~Z:..K~",e/~ 7/i~);s' 300 NORTH . O. STREET, ---r:-~ CAS A N B eRN.A R 0 I NO, ( llFORNIA 92411-000' C'O')1.4.5301 ,~ - A ~ City of San Bernardino Human Resources I Risk Management Division 300 N. "0' Street San Bernardino, CA 92410 Edward S. Raya Director, Human Resources Fred Wilson City Administrator CERTIFICATE OF INSURANCE OR SELF.INSURANCE In the event of cancellation oltha 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: San Bernardino Associated Governments C/O LA County Metropolitan Transportation Authority One Gateway Plaza - 13th Floor-RRND007622 Los Angeles, CA 90012-2952 Attn: Director of Real Estate The City of San Bernardi no certifies that the following self-insurance programs or insurance policies are in force: Per City of San Bernardino Resolution No. 2002-108 authorizing an agreement between the City and SANBAG for crossing under SANBAG PROPERTY at Mt, View Avenue and the Metrolink Rail Road Track. SANBAG and MTA, is subsidiaries, officials and employees are named as additional insured. SANBAG and MTA shall be The insurer shall waive named as loss payee. all rights subrogation against SANBAG and MTA. COMPANY AND POUCY UMITS OF LIABIUTY TYPE OF COVERAGE POUCY NO. PERIOD Bodily Injury Property Deme"" Comprehensive General Liability . Self-insured indefinite $1,000,000 Combined Single Limits incl. Auto Liability Excess Comprehensive . General Liability incl. Auto Liability Workers Compensation self-insured indefinite statutory no coverage 0 T H E R This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management Division. cc: ~-3,p--tflZ- Date Edward S. Ray. V~ ~ Director of Human Resources City of San Bernardino Authorized Representative R. M. COORD~"A"rtJR For information regarding the above self-insurance policies, please contact Risk Management Division at (909) 384--5308 RISK-4.08 (4-00) ..Jun-QS-Ol 1 C ,ZSarn From-ORIVER ALL I ANT INS, C 9497552113 T-OOO P.02/04 F-114 '~"I'<.IIi"..~1.t. 1"'10; N"'~ r J.a~~ht"1If'fJ!P(~rl"I~\U."1fJ\F~'''' j "ll::ji, ,~~ J11-. " ";""; ,~ ~ _ ^t'~"'J1'll.4~1'1;.",.,~t.;-Ul':P'~'&!"1"~IWll'~' ~J"I.'I,t ~:!' d' ~l~:~~r~~~'\', : f17,'>"~' :~>;. ~j 'Bt'!~;t~:-., '"'-.,J ,},' ~.."c ''''{'~~ir ""pt;'-.~ ~;', ;~ ':(;' .~r,~"ll.l:.;,' j~l \~D1 t \-1\r'fI~/~ ..' . '! ,i ",r":;:' ',i'.'~ ,', I, ~,A ~ i~: fu~'''; ~'" IJ ,,1;"'9~ ,,fil;/,(iijl\ ~t~ ~,.~ lo)'!:{1f.i", .1l;,,;~tJ:.l::;,1 \"' I~ kr. , 1'.1 i \) 1"11.11"~;j,~ U ;~j\",I:";i: ~)il~ '....' ~lq" ',"1\,:.'-" I:i',,,f-;-r . ,,- t 'tr.t'I;;L~",~J;>:'..G t" .>,<-_dl:.~i:.::l.......~'!io_"~..~,I, ".~l,..,..]1 ,".4_~..._"i1i ",,_~,;..,I,~ .. ,\;j;r~'~'"'.~\ ,oJ,: IS$UE :>>OTE :MMIPDiVY) 5/29/02 PRODUCER DRIVER ALLlANT INSURANC~ SERVICES, INC. P.O. Box 6450 Newport Beach. CA 92658-6450 Ph (949) 756'()271 I Fax (949) 756-2713 License ND. OC36861 TliIS CERTIFICATE IS ISSUED AS A NATTER QF INFORMATiON ONLY AND CONFERS NO R'GHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR AI. TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THI 18 TO CERTIFY TtlAT TH' POLIC15 OF tN,u!W4Ce USTIO BILOW HI: liEN II$UiP TO THIINIURli.l NAMED.dOVI FOR THe POLICY "EftIClO INaCAriD. NOT'MTMST AHPlNG ~y FlIQ'-lIIWllN"l', TJRM Oft CONDlTIOM OF A.NY CONTRACT OR OTMm oocuMllrtT MTiol eSI'fCT 1'0 WHICH THIS (;etn'I~U flAY II twUD OR MAY P!"TAlN, THi IfrlSURANCI AFfORDlP BY TI1E POL-tellS POC1U8.0 HIIItiIN 1$ SUBJEiCf '1'0 AL.. TKE T~US. IXC"-l.ltIOHAND C~OITIOH& OF $UCH POU::IEB. UtMTS SHOWN MAY HAve: H D BY "AlR.~LAIM$. TYPE Of INSUAAMCJ: POUCY NUMOIiJt eOIo1PAN't .. COMPANY lETTER co..,,v;v IIl'JTER ~AHY I.II!TT.ft COMI'.lNY ....TU.. COMPANIES AFFORDING COVERAGE A NATIONAL UNION FIRE INsuRANCE CO B C o E INS~RIO BiG INDEPENDENT CITIES EXCESS POOL MEMBER; CITY OF SAN BERNARDINO 300 N. "0" STREET SAN BERNARDINO, CA 92410 co "R POI.lCy .FFEt'nW PAlE lM~}gom) II'OUCY IXPlftATl~ DA1'E (IMNOO/YV) a..lwr. GINEM.1. UAer..1TY CO'MMIRClAi.. OI!NEIW. LN\.IT"{ ] CLAIMS 0 OCCUR _-" MAOE 0WNeIf$ &CONTAACTOfl'S~T. <nNlRAl.AOG......", PAOP\JCTS.COM"/O~ AGG. PiRSONAL&AOV.~JU~Y !itCH oecuRRiN~ FI~I!! DANAeI!' (Any ant-fir,) .uTOUOllLI UAIlUTY ANY AUTO All OWNEO AuTOS SCHEOUlSOAUTO$ HIAWAI".'TO$ NOH-OWNEDAUTQS GARAGE llA81UTY NE:Q. !)U'EN$i lMr * pet8Ol1) I' CO."'N'" SlNC<.ll l..IUIT ! 8OO1\.Y IN.IURY I ("'" i*'O'l !llQClmNJURV (~iil<<~ I ,.lWPiRT't' OAMAGfi JD(C&5S UAelLlT'f iJMIlRi1.lA FOAM OTHER Tl'lAN UMMaI.A FOFU4 STA'l'UTOflV LIMITS ~ ACCIOENi OtSEASS.jI()il.1CV I.:MIT O:SEASE.oiACl1lMPLOYfE WORKeR'a cOul"IfIIA1'ION !\NO &....LOYeR'$ LIABIUTY OTHU A EXCI!SS WORKERS' 4158684 07/01/1999 COMPENSATION AND IOMPLOYERS' LIABILITY PAOJaPTJON 0' OPeftA"l'1ON$II..OCATIONSlYlHIOLaV5ClAL rruS AS ReSpeCTS ONE (1) UNDERGROUND STORM DRAIN FACiliTY. SUBJECT TO POLICY TERMS. CONDITIONS AND EXCLUSIONS, 07/0112002 STATUTORY WORKERS' COMP $ 2,000,000 EMPLOYERS' LIABILITY S 500,000 Sill SAN BERNARDINO ASSOCIA7!!D GOVERNMENTS c/o LACOUN"'Y METROFOL.ITAN 'TRANSPORTATION AuTHORITY ATTN, DIRECTOR OF REAL ESTATE ON! GATElNAY PLAZA, 13TH FLOOR - RRNDOO761l2 LOS ANGELES, CA 80012-2952 SHOULD AN'! OF THE AIIOVe onC.IBED POLlCln II! CANCl!I.LiD 'i~ORi Tlill EXl'tRATION DATI n....EOF. TIi" ISSUING COMPANY WILL INDEAVCR TO 1IAlL. "is DAYS WIllTTEN NOl1CE TO THI! CERTIFICATE HOLDEII NAMIO TO THE LI!I'T. IllJT FAILURE TO MAIL SUCH NOTICE IlHALI IMPOSE NO OBLIGAl10N 011 L1APIUTY Of N/.Y I<l"D UPON THE COMPANY. IT, AGENTS OR RliPR_TA TlVES SU~JECT TD lC DAYS NOTICE Of CNlCE\.LA l10N '010 "OIl.pATIl"NT OF ".EMIU!ol, M- . );t.t.~ JP\Jll"\.lPA"$\ii~cep Clrti\,Il;SWC c~ru\8i::.eP)l::lWC Car,-PtI.(tQc Jun-OS-OI 10'11.. Oii.ll8/200Z 10"05 F.droO-ORIVER AlllANT INS, C w.,.za-Dl D1:12PI '~r...oRIVeR ALLIANT INS, C 949756271l 1481562713 T-OOO P.03/04 ,-1:4 T-m P, 04/0& F..CI4 ~gan'I,M~"41' 5/29/0Z _cUlllllJT"/ ..,_"",,_~r J~~ 0- a'~'~-' _-....-m ,.,J4Ylf<,jlO .~~N.tTQ$ _.u- -- ~~ ~1JOIlIUT\' ~1IlIOU! LlII!!' ~..1IIlIlll\' _........."T ~ _........~ It. _tiilu.JllJl"l --""'" ~'Ill Sf" . III _.~ W~ ~g --=~ -t- , "af_~'" llIlllM-- .. il\\'.:f=I~"""''''''''''''''---''-_.)-- ..-__ . ~_"'"'" ......,,,.ce>_. .U,,,C,,,, " ,,,,,,,,,",, . 14AN-MUOGoOl)QOOQ4-OO2 07101101 07101/02 . -..FOIlM )( O'fKEl't1'l1M"''IIRf1I&FORM SAN nl:RNARtlINO A8SQC1AlCO oOVilQllManlS r;Jo i.ll COUl'l'TY W;TRl)POUTAI'l Ti'W'ISPOftTATlON AlJTl'lORIT'l' ,lm: OIRlOeTOR 01' ~'\. .STATI' oNe GA~'\Y~ 1311"1'1 Fl.OOR- RRN )007622 LOS I'NGE\.ES. CA BOlI12-28SZ '''1'= Ii..... _ .____........I......,j.... .JulI-06-02 10:27am F - '. Oll-j.OS/2002 10:05 FAl'.. DRIVER mlANT INS, C t.la~-2g.az UZt1211l1 'frariRlI/ER ~~L1A1lT 1"1, C emmm U815SZ7\3 T-OOO P.04/0t F-114 T-nS P .o!lO& 1'-1 :j; , EMDORSeMENT IT IS AI3FEED THAT THE FoL.L.OWINcs -. -,peED AS ADDITiONAl- INSUREDS H~NC Ii!!', BuT O:-ll.V N$ RESPECTS LJABIUTV ~sING OUT OF'TtfE oPERATiONS OF THE NAJ'IED INSUAI:D. AND FUFCtliER PlWVICED TAAT THE INCLUSION ot' suCH ADDITIONAL INSU'IIiiD, liHALL NOT S!:IWE TO INC1\eASe THE COMPANY'S UMIT OF UABIUlY pS SPECIFIED IN I'HEI Df:CL-"AAlloNS OF THIS pOI.ICY. . lPJ re~ IE:: O~re [Q) JUN Ii 2002 ~ RISK MANAGEMENl NAME. OF PERSON OR ORGANIZA TlON: SAN 8I!~I"'O j\S$OClATED GQIII\III'IMlllfTS rill LA eouNTV METJU)POUTANTAAl'lSPaflT..."ON A~ ONI: I/.ATIWA'f PIJIiZA. 15TH I'LOOl' - RI'1'IDQD7lI22 1.01 ,QIGELES. CA 9llD1;2-:2ll52 NAMED INSUREP: C1TV 0I'fii.-H ~~o 1IlO N, "0" STRaET SAN sI!1'Q'tARDINO. CA 9241D A3 F\I:SI"EC'fS ONE ('I} U1'lD~GflOU1'lD S~ DAAI~ FAC1UTY. I PEFl CERTtFICATI! OF iNSURANCE APPRO~D BY 'THe COMPANY, AND ON FlU! wr 11 "~E COMPAIIIY, . All t:rther flIrmS and conditione fliImaln unc:henged Eff"ctIve datil of ttll. Elndorse~nt Is: July 1, 2001 - July 1, 2002 AttIlohed to end forming part oT No. AMElUCAN $AFIT'/' INCEMNrN COMPANY 1~'MUllCHIOIIIJOO4-QClZ Dilled: July 1. 41,001 By: " ISlOued to; IiIG INDEPENDliI\IT cITIES \5lCCESS PDOl. _" . ..........uel,........etllll6ollt~~.$Id ..J"11-08-02 IC:Z6am Fro.-OR'VER ALLIANT INS, C Sm5SZ11! T-OOO P.OI/04 F-114 " driver.alliant 1"l5URANCE SERVICES California lie' 0036861 FACSIMILE TRANSMISSION IF ALL PAGlS NOT RECBlVl!l'D,PlEASE Tm.Et"RON! OR PAX IMMIDIATE\,V. COR.l.>OlUTE LlCSNSI! NO. OC36i61 PHONE # (949) 756-0271 FAX Ii (949) 756-2713 DATE: JlUle 6, 2002 NUMBER OF PAGES ( 4 ) INCLUDING THIS P AGIi TO: City of San Bernardino ATTN: Tom Marek FAX NO: 909-384-5397 FROM: Nasreen Kassam RE: Certificate of Insurance Attached are copies of your Certificates of Insurance and applicable attaclunent. Original docs will go out in today's mail. We apologize for both the quality of the Excess Liability Certificate provided and the excessive delays encountered acquiring the necessilI)' signature approval from the canier, Sincerely, .",,.All"'" Im~/ Sn'"",. .". ~~~ Nasreen Kassam Account Administrator ~ Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 OO~@~D\Y7~[Q) JUN 1 2 2002 June 10, 2002 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT Mr, Mehran Sepehri CITY OF SAN BERNARDINO DEPT, OF DEVELOPMENT SERVICES 300 N, "D" Street, 3'd Floor San Bernardino, California 92418 RE: MTA CONTRACT RRND007622 AT MOUNTAIN VIEW AND LUGONIA A VE IN THE CITY OF SAN BERNARDINO Dear Mehran: Enclosed are the executed originals of the agreements for the storm drain improvement of SANBAG property at the above noted location. I will have our accounting department invoice the City tomorrow, once this information has been entered into the accounting system. For flagging and inspection services, please have the contractor contact Augie Morales ofBNSF at 909-386-4060 (mobile number 909-322-4443). Steve Elem of the signal department for BNSF can be reached at 909-227-1018 (mobile number 909-227-1018) for signal and communication line identification. The Los Angeles County Metropolitan Transportation Authority is the agent for San Bernardino Associated Governments. Thank you for your patience in this matter. If you have any questions, please contact me at (2 ) 922-2423. Enclosure cc: D. Robb; M. Moorhusen; Chron; (without enclosures) ~ 8 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: July 12, 2002 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-108 - SANBAG License Agreement CC: Attached is a fully executed copy of the license agreement with San Bernardino Associated Governments (SANBAG) for crossing under SANBAG property at Mt. View Avenue and the Metrolink railroad track. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. c . I. .' .'. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): If -) 5~0{)" Vote: Ayes \-'1 Nays Change to motion to amend original documents: - Item# /6 It -e- Abstain Reso. # On Attachments: ~ Contract term: - / Note on Resolution of Attachment stored separately: / Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY Date Sent to Mayor: '-t - \ ( 0 - 0 ~ Date of Mayor's Signature: A. -\ '" -0:l- Date of Clerk/CDC Signature: Lj - \ ')-0 ;)- Resolution # e- ,;z COca. -/0'7 Absent e-- NullNoid After: (I'D - LP /;4/0 P- o . By: Reso. Log Updated: Seal Impressed: ./ v Date MemolLetter Sent for Signature: ,4-1 'i--<l'?- ~y Reminder Letter Sent on JlUIr1Iay: '" - 3 --() ;;>. 90 Day Reminder Letter Sent on 45th day: See Attached: / Date Returned: ee15/ () !)- See Attached: ,.-/ See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: City Attorney .j Code Compliance Yes ,/ No By_ Yes "1 By_ Yes No By_ Yes No By_ Yes No By_ Finance / Dev. Services -/ EDA Parks & Rec. Police Public Services Water Notes: P{x/(\O Chmt.rr:r MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: &/6/09- I , Revised 01112101 ,. (: ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): -':1-1 5 - 0;)- Item # ::5 b Resolution # Vote: Ayes \'-'1 NaysB-- Abstain .e- Change to motion to amend original documents: :XX];) /0>< Absent er- Reso. # On Attachments: / Contract term: NullNoidAfter: (PO) (o-/+-Dd Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: '--\- - \ to - 0 (3- Date of Mayor's Signature: 4-\[.,-0:J. Date of ClerklCDC Signature: 4-1"1-<):;;'- Reso. Log Updated: Seal Impressed: ./ V Date Memo/Letter Sent for Signature: .l( -\ '1-0J. 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ,../ Date Returned: Co - /4~;)/ See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes .../ No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: City Attorney -.L Parks & Rec. Code Compliance Dev. Services I EDA Finance / MIS Police Public Services Water Others: 'oj. Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: (It( Date:,1-1 S -0 r Revised 01/12/01