HomeMy WebLinkAboutContracts & Agreements_31-2014_CCv0001.pdf 2013-325
EXHIBIT"A"
COOPERATIVE AGREEMENT
BY AND AMONG THE CITY OF SAN BERNARDINO,THE INLAND VALLEY
DEVELOPMENT AGENCY AND THE CITY OF REDLANDS
(MOUNTAIN VIEW AVE PROJECT)
This COOPERATIVE AGREEMENT (this "Agreement"), dated as of Nov lg 701-
A (the
"Effective Date"),by and among the City of San Bernardino,a charter city("San Bernardino%the Inland
Valley Development Agency, a joint powers authority(the"WDA"), and the City of Redlands, a general
law city ("Redlands"). San Bernardino, Redlands and the IVDA are sometimes individually referred to
each as a"Party"and collectively referred to as the"Parties."
Recitals
Whereas, the borderline between the cities of San Bernardino and Redlands is located on the
centerline of Mountain View Avenue. The IVDA has constructed a bridge(the"Bridge')over the Santa
Ana River that extends and connects Mountain View Avenue to Central Ave. The Bridge is aligned with
Mountain View Avenue with the approximately east half of the Bridge located in Redlands and the west
half located in San Bernardino.
Whereas, the Parties desire by this Agreement to provide for the cooperation of the Parties to
initiate and process a LAFCO Application to adjust the boundary between Redlands and San Bernardino
so the entire Bridge is located within the city limits of San Bernardino.
Whereas,the Parties further desire to provide for the maintenance and repair of the Bridge by the
IVDA during the term of this Agreement.
NOW,THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter
contained and for other good and valuable consideration, the receipt of which are hereby acknowledged,
the Parties agree as follows:
Section 1. Definitions. As used in this Agreement, the following words and terms shall
have the meaning as provided in the Recitals or in this section unless the specific context of usage of a
particular word or term may otherwise require:
"Bridge" means the bridge constructed by the IVDA that connects Mountain View Avenue to
Central Ave.
"Deposit Account"means the account established by the IVDA pursuant to Section 5.
"Deposit Account Holder"means First American Title Insurance Company,
"Effective Date" means the date first above referenced in the introductory paragraph of this
Agreement.
"IVDA" shall mean the Inland Valley Development Authority,a joint powers authority created
pursuant to Government Code Sections 6500, et seq.
"LAFCO"means the Local Agency Formation Commission for San Bernardino County.
"LAFCO Application"means an application filed with LAFCO to annex Redland's portion of the
Bridge into San Bernardino.
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"Redlands" means the City of Redlands and its officials, officers, employees, volunteers and
agents
"San Bernardino" means the City of San Bernardino, a charter city, and its officials, officers,
employees,volunteers and agents.
Section 2. Term. The term of this Agreement shall be for five(5)years from and after the
Effective Date, unless otherwise terminated or extended by mutual agreement of the Parties.
Notwithstanding the foregoing, this Agreement shall terminate upon the completion of the LAFCO
Application and the annexation of the Bridge into San Bernardino.
Section 3. LAFCO Application.
Section 3.1 The Parties agree to cooperate with the filing of the LAFCO Application
to remove the Bridge from Redlands and annex the same into San Bernardino. The Parties will do all of
the following in connection with the LAFCO Application:
(a) IVDA will initiate the LAFCO Application on behalf of Redlands and
San Bernardino. Redlands and San Bernardino will cooperate as parties to the LAFCO Application and
execute such documents as necessary to process the same.
(b) The IVDA will pay all LAFCO fees for the processing of the LAFCO
Application. Such costs will be disbursed out of the Deposit Account as provided in Section 5 below,
(c) The WDA will pay for the surveying and engineering work necessary to
support the LAFCO Application. Such costs will be disbursed out of the Deposit Account as provided in
Section 5 below.
Section 3.2 Except as provided in sections 3.1(b) and (c) above, each of the Parties
will be responsible for their own costs and expenses, including all staff and administrative expenses, in
connection with the filing and processing of the LAFCO Application.
Section 4. Maintenance of the Bridge.
Section 4.1 It is the intent of the Parties that the Bridge be maintained and kept in a
safe condition and repair and in compliance with all applicable laws and safety regulations. During the
term of this Agreement the IVDA shall be responsible for the maintenance and repair of the Bridge as
provided in this Section 4.
Section 4.2 The WDA shall arrange for an annual inspection of the Bridge by a
Caltrans approved inspector in the month of March each year during the term of this Agreement and
provide a copy the report issued by the inspector to both San Bernardino and Redlands. The IVDA shall
be responsible for performing all maintenance and repair of the Bridge as recommended in the inspection
report together with such other maintenance and repairs as reasonably necessary to maintain the Bridge in
accordance with the standards in 4.1 above.
Section 4.2 San Bernardino or Redlands shall have the right to perform inspections
of the Bridge independent from the annual inspection under 4.1 above,which inspections shall be made at
the expense of the Party electing to make such inspection. If such inspection reveals any necessary
maintenance or repairs the inspecting Party shall provide a written report to the NDA and the other Party
detailing the required maintenance or repairs. The IVDA will have a reasonable period of time in view
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of the requested maintenance or repairs to inspect the Bridge itself and either undertake such work or
respond to Party providing the inspection report as to the necessity and scope of the requested work. In
the event if any difference of opinion as to any necessary maintenance or repairs to the Bridge all of the
Parties will meet and cooperate in good faith to determine the necessary work to maintain the Bridge in
accordance with the standards in 4.1 above,
Section 4.4 The IVDA shall be entitled to withdraw funds from the Deposit Account
established under Section 5 below to perform maintenance and repairs to the Bridge hereunder;provided,
that the WDA's maintenance obligations shall not be limited to the expenditure of funds contained in the
Deposit Account.
Section 5. Deposit Account.
Section 5.1 The IVDA shall establish a deposit account with the Deposit Account
Holder and place the sum of$49,500.00 ("Deposit Account!) into such account for processing of the
LAFCO Application under Section 3 above and performing maintenance and repair work for the Bridge
under Section 4 above. The Deposit Account shall be in the lVDA's name and neither San Bernardino
nor Redlands will be a party to the Deposit Account agreement with the Deposit Account Holder.
Section 5.2 The NDA shall have the right to withdraw funds from the Deposit
Account on its sole signature for purposes of paying the LAFCO Application expenses as provided in
Sections 3.1{b)and(c)above and the cost of maintaining and repairing the Bridge as provided in Section
4 above. Upon the request of San Bernardino or Redlands the IVDA will provide the requesting Party
with an annual report of the payments and expenses made out of the Deposit Account.
Section 5.3 In the event the funds in the Deposit Account shall be depleted prior to
the expiration of the term of this Agreement, the IVDA will deposit additional funds into the Deposit
Account as reasonable estimated to pay any additional costs of the LAFCO Application under Section
3.1(b) and (c)above and the maintenance and repair costs for the Bridge for the remaining balance of the
term.
Section 5.4 Upon the expiration of this Agreement the IVDA shall be entitled to
receive all remaining funds in the Deposit Account.
Section 6. Future Development.
Section 6.1. San Bernardino and Redlands have each determined that upon any future
development of the properties identified on Exhibit"A-I"and `B-1" attached hereto it will be beneficial
to have full width improvements constructed to Mountain View Avenue. In further thereof, San
Bernardino and Redlands agree as follows:
(a) San Bernardino agrees to condition any future development of the
property located at the North-West comer of Mountain View and San Bernardino Avenue and described
on Exhibit "A-l" to construct full width street improvements to Mountain View Avenue along such
property line as shown on Exhibit"A-I"attached hereto.
(b) Redlands agrees to condition any future development of the property
located on the East side of Mountain View Avenue and south of Mission Creek and described on Exhibit
"B-I" to construct full width street improvements to Mountain View Avenue along such property line as
shown on Exhibit"B-1"attached hereto.
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Section 6.2. To the extent permitted by applicable law, the provisions of this Section
6 shall survive the expiration or termination of this Agreement.
Section 7. Dispute Resolution.
Section 7.1. In the event of a dispute, claim or controversy arising from or in relation
to this Agreement, the Parties agree to undertake good faith attempts to resolve said dispute, claim or
controversy within fourteen (14) calendar days after the receipt of written notice from the Party alleging
that a dispute,claim or controversy exists or in the event of a claimed default fourteen(14)calendar days
after the dated of the notice provided under Section 8 below. The Parties additionally agree to cooperate
with the other Party or Parties in scheduling negotiation sessions. However, if said matter is not resolved
within thirty(30)calendar days after conducting the first negotiating session,any Party may then request
that the matter be submitted for mediation or arbitration as determined by the Parties; provided that no
Party shall be required to submit to mediate or arbitration.
Section 7.2. The Parties agree that those Parties participating in mediation or
arbitration shall share the fees of the mediator, arbitrator and all costs associated with mediation and
arbitration proceeding; provided, however, each Party that is subject to the proceeding shall be
responsible for its own legal costs,including attorneys' fees and the costs associated with experts.
Section 8. Defau
Section 8,1. The failure or delay by any Party to perform any material term or
provision of this Agreement shall constitute a default under this Agreement;provided,however,that if the
Party or Parties who are otherwise claimed to be in default by the other Party or Parties commences to
cure, to correct or to remedy the alleged default within thirty (30) calendar days after receipt of written
notice specifying such default and thereafter diligently undertakes efforts to complete such cure,
correction or remedy, such Party or Parties shall not be deemed to be in default hereunder. The Party or
Parties claiming that a default has occurred shall give written notice of default to the defaulting Party or
Parties specifying the deficiencies causing the alleged default. Delay in giving such written notice shall
not constitute a waiver of any default nor shall it change the time of default; provided,however,the non-
defaulting Party or Parties shall have no right to exercise any remedy for a default hereunder without first
delivering the written default notice as specified herein.
Section 8.2. In the event that the defaulting Party or Parties fails to commence to
cure,to correct or to remedy a default within thirty(30)calendar days following receipt of written notice,
or thereafter fails to diligently complete such cure, correction or remedy,a breach of this Agreement shall
be deemed to have occurred. In the event of a breach the non-defaulting Party or Parties shall have all
rights and remedies available under applicable law, including the right to terminate this Agreement
through a written notice of termination. Disputes regarding the facts that may have given rise to
termination under this section shall be subject to the dispute resolution provisions provided in Section 7
above,
Section 9. Force Maieure. In addition to specific provisions of this Agreement,
performance by any Party hereunder shall not be deemed to be in default, or considered to be a default,
where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots,
floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine
restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure
necessary labor, materials or toots, delays of any contractors, subcontractor or supplier, which are not
attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any
public or governmental agency or entity. An extension of time for any such force majeure event shall be
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for the period of the enforced delay and shall commence to run from the date of occurrence of the delay;
provided, however,that the Party that claims the existence of the delay has first provided each of the other
Parties with written notice of the occurrence of the delay within seven (7) calendar days after the
commencement of such occurrence or delay. A Party's failure to timely submit such notice of the
occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an
enforced delay or force majeure event,
Section 10. Approvals. Approvals required of the Parties, or any officers, agents or
employees of any Party, shall not be unreasonably withheld and approval or disapproval shall be given
within a reasonable time.
Section 11. Notices,Demands and Communications Between the Parties.
Section 11.1. Formal notices, demands and communications between the Parties shall
be deemed sufficiently given if. (i) dispatched by registered or certified mail via the United States Postal
Service,postage prepaid,return receipt requested,as designated in this section,or(ii)by messenger service
for immediate personal delivery, or (iii) by electronic transmittal, including fax transmissions with
telephonic verification receipt. Such written notices, demands and communications may be sent in the
same manner to such other addresses as the Parties may from time to time designate by written notice to
the other Parties.
Section 11.2. All notices,demands and communications shall be sent,as follows:
TO SAN BERNARDINO: TO REDLANDS:
City of San Bernardino City of Redlands
Attn:City Manager Attn: City Manager
300 North"D"Street,6"'Floor 35 Cajon Street, Suite 200
San Bernardino,CA 92418 Redlands,CA 92373
TO IVDA
Inland Valley Development Agency
Attn: Executive Director
1601 E.Third Street, Suite 100
San Bernardino. CA 92408
Section 12, Amendmgn , This Agreement may be amended at any time by the mutual
consent of the Parties by an instrument in writing signed by all of the Patties.
Section 13. Further Actions and Instruments. Each of the Parties shall-cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all
obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Section 14, Cqunterp This Agreement may be signed in counterparts, each of which
shall constitute an original.
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Section 15. Time is of the Essence. For each provision of this Agreement which states a
specific amount of time within which the requirements thereof are to be satisfied,time shall be deemed of
the essence.
Sgction 16. Third Party Beneficiaries. This Agreement and the performance of the Parties'
obligations hereunder are for the sole and exclusive benefit of the Parties. No person or entity who or
which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by
any provision hereof, and no such person or entity shall acquire any rights or causes of action against the
Parties hereunder as a result of any Party's performance or nonperformance of their respective obligations
under this Agreement.
Section 17. Governing Law. This Agreement shall be governed by the laws of the State of
California without regard to conflicts of laws principles. This Agreement shall be deemed to have been
made in the County of San Bernardino, State of California,regardless of the order of the signatures of the
Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with
this Agreement shall be conducted in a federal or state court located within or for the County, in the State.
The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the
County, in the State,and hereby waive any defenses or objections thereto including defenses based on the
doctrine of forum non conveniens.
Section 18. Construction-, References, Captions. Since the Parties or their agents have
participated My in the preparation of this Agreement,the language of this Agreement shall be construed
simply, according to its fair meaning,and not strictly for or against any Party. Any term referencing time,
days or period for performance shall be deemed calendar days and not work days. All references to San
Bernardino, to Redlands and to the IVDA include all officials, officers, employees, personnel, agents,
volunteers, contractors and subcontractors of San Bernardino, Redlands and the IVDA, except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment or describe the scope, the
content,or the intent of this Agreement,
Section 19. Waivee. No delay or omission in the exercise of any right or remedy of a non-
defaulting Party or Parties on any default shall impair such right or remedy or be construed as a waiver.
Any Parties' consent or approval of any act by the other Party requiring its consent or approval shall not
be deemed to waive or to tender unnecessary its consent to or approval of any subsequent act of the other
Party. Any waiver by any Party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
Section 20. Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default or any
other default by the other Party.
Section 21. Severability. In the event that any one or more of the phrases,sentences,clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforecability shall not
affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which
are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder,
Section 22. BindingEffect. The terms of this Agreement shall inure to the benefit of, and
shall be binding upon,each of the Parties and their respective successors and assigns.
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Section 22. Authorized Representatives. The person or persons executing this Agreement on
behalf of the Agency,of San Bernardino and Redlands warrant and represent that he/she has the authority
to execute this Agreement on behalf of that Party and that they have the authority to bind that Party to the
performance of its obligations hereunder.
agci�n2 Entire Agreement. This Agreement constitutes the entire and integrated
agreement of the Agency, of the County and of the City with respect to the subject matter hereof and
supersedes any and all prior and contemporaneous oral or written negotiations, representations or
agreements.
[SIGNATURES ON THE FOLLOWING PAGE]
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SIGNATURE PAGE TO COOPERATIVE AGREEMENT
SAN BERNARDINO
City of San Bernardino,
a charter city
By:
Allen Par ,City Manager
Dated: \ --l
APPROVED AS TO FORM:
By: -
a .Saenz,City Attorney
ATT
George anna, City W rk
IVDA
Inland Valley Development Agency
By:
A.J. Wilson,
Executive Director
Dated:
APPROVED AS TO LEGAL FORM:
By: Mirau,Edwards,Cannon,Lewin&Tooke
Agency Counsel
By:
Michael Lewin
ATTEST:
By:
Kelly Berry,Clerk of the Board
I2423-006kCoOp Agreement Mtn View
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REDLANDS
City of Redlands
By:
Dated:
APPROVED AS TO LEGAL FORM:
By:
City Attorne
ATTEST:
By:
City Cle
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ADDENDUM TO COOPERATIVE AGREEMENT
BY AND AMONG THE CITY OF SAN BERNARDINO,THE INLAND VALLEY
DEVELOPMENT AGENCY AND THE CITY OF REDLANDS
(MOUNTAIN VIEW AVE PROJECT)
This Addendum to Cooperative Agreement (this "Addendum"), is made by and among
the City of San Bernardino, a charter city ("San Bernardino"), the Inland Valley Development
Agency, a joint powers authority (the "IVDA"), and the City of Redlands, a general law city
("Redlands"). San Bernardino, Redlands and the IVDA are sometimes individually referred to
each as a"Party" and collectively referred to as the"Parties."
Whereas, the Parties have entered into that certain Cooperative Agreement with respect
to the Bridge over the Santa Ana River that connects Mountain View Avenue to Central Ave as
further described in the Cooperative Agreement.
Whereas, the Parties desire by this Addendum to supplement the Cooperative Agreement
to add the provisions provided below.
Whereas, all capitalized terms used herein shall have the same meaning as given in the
Cooperative Agreement unless otherwise defined herein.
NOW THEREFORE, the Parties hereby agree to amend and supplement the Cooperative
Agreement as follows:
1. Additional Provisions to Agreement. The following provisions are hereby
added to the Cooperative Agreement as a new Section 4.5 and 4.6 respectively
Section 4.5. Insurance. All insurance required by this Agreement is to be
maintained by the IVDA for the term of this Agreement, and all such insurance shall be primary
with respect to Redlands and San Bernardino and non-contributing to any insurance or self-
insurance maintained by Redlands or San Bernardino. The IVDA shall provide Redlands and
San Bernardino with certificates of insurance and endorsements evidencing such insurance
within ten (10) days of the Effective Date of this Agreement. No contractor of the IVDA shall
perform any maintenance or repair work for the Bridge unless the IVDA provides to Redlands
and San Bernardino certificates of insurance and endorsements evidencing the contractor's
compliance with the requirements of this Section prior to the commencement of such work.
a. Workers' Compensation and Employer's Liabilit . The IVDA shall
secure, and require its contractors to secure, workers' compensation and employer's liability
insurance in an amount which satisfies statutory requirements with an insurance carrier
reasonably acceptable to Redlands and San Bernardino in connection with any construction,
maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant
to the IVDA's obligations under this Agreement.
b. Comprehensive General Liability Insurance. The IVDA shall secure, and
require its contractors to secure, comprehensive general liability insurance covering all
maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant
2014-124
to the IVDA's obligations under this Agreement,with carriers reasonably acceptable to
Redlands and San Bernardino. Minimum coverage of one million dollars ($1,000,400)per
occurrence and two million dollars ($2,000,000)in the aggregate for public liability,property
damage and personal injury is required. Redlands and San Bernardino, and their elected
officials, officers and employees, shall be named as additional insureds, and the insurance
policies shall include a provision prohibiting modification of the coverage limits or cancellation
of the policy except upon thirty(30)days prior written notice to Redlands and San Bernardino.
C. Business Auto Liability Insurance. The IVDA shall secure, and require its
contractors to secure,business auto liability coverage, with minimum limits of one million
dollars ($1,000,000)per occurrence,combined single limit for bodily injury liability and
property damage liability. This coverage shall include all IVDA and its contractor owned
vehicles,hired and non-owned vehicles, and employee non-ownership vehicles used in
connection with any maintenance or repair work performed for the Bridge by the IVDA and its
contractors pursuant to the IVDA's obligations under this Agreement. Redlands and San
Bernardino and their elected officials, officers and employees shall be named as additional
insureds, and the insurance policies shall include a provision prohibiting modification of the
coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to
Redlands and San Bernardino.
Section 4.6. Indemnity/Hold Harmless. Redlands and San Bernardino and their
elected officials,officers,employees and agents (collectively,the"Indemnified Parties") shall
not be liable for any injuries (as defined by Government Code section 810.8)to persons or
property occasioned by reason of the negligent acts or omissions, or willful misconduct,of the
IVDA, or its employees,contractors and agents,in the performance of the IVDA's maintenance
obligations for the Bridge under this Agreement. The IVDA further agrees to protect, defend,
indemnify and hold harmless the Indemnified Parties from any and all claims,demands,causes
of action,injuries, liability or loss of any kind,resulting from,or arising out of,the negligent acts
or omissions,or willful misconduct, of the IVDA, or its employees,contractors and agents in the
performance of any maintenance or repair work performed,or caused to be performed, by the
IVDA for the Bridge pursuant to the IVDA's obligations under this Agreement. The indemnity
and hold harmless provided by the IVDA hereunder shall not extend to any claims,actions,
demands, damages or losses related to the design of the Bridge or the initial construction of the
Bridge,it being the understanding of the Parties that the indemnity and hold ham-Jess hereunder
shall only be applicable to the IN�DA's performance of maintenance work to the Bridge in
accordance with this Agreement.
Z. Controllinu Agreement-Conflict. Except as otherwise expressly provide
herein, the Cooperative Agreement shall remain in full force and effect and unmodified. The
terms and provisions of this Addendum shall prevail over any conflicting or inconsistent
provisions of the Cooperative Agreement.
2414--124
SAN BERNARDINO
City of San Bernardino,
a charter city
By:
Allen Peer, ity Manager
Dated:
APPROVED AS TO LEGAL FORM:
By:"
—,--",no r-n-'tl'cc�
G nz,City Attorney
ATTEST:
City Cl
IVDA
Inland Valley Ppyclopment Appey
By:
son
Executive Director
Dated:
APPROVED AS TO LEGAL FORM:
By: Mirau,Edwards,Cannon,Lewin&Tooke
Agency Counspt-
Bw
ichael Lewin
s _ _ 2014-124
ATT ST-
By:
Kelly� 3`�r� of the
REDLANDS
City of Redlands
Ba"A
F
Y:
Pete Aguilar,Mayor
Dated: 1
APPROVED AS TO LEGAL FORM
By:
Daniel J.McHa h,City Attorney
ATTEST:
By:
Sam lrwin, i Clerk
Client#:307903 SBIAIVDA
=013
ACORD,. CERTIFICATE QF LIABILITY INSURANCE DlYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAMNT
EEACT Travis R. McElvany
Hub internationalPHONE 951-788-8500iFAX
HUB InYI insurance Services Inc. E-MAIL EXt. ArG,No: XS1-552-1392
ADDRESS:
4371 Latham Street Ste101
INSURER(S)AFFORDING COVERAGE NAIC#
Riverside,CA 92501 INSURER A:Lexington Insurance Company 19437
INSURED INSURER B,Netherlands Insurance Company 24171
SBIAA& IVDA ,--
INSURER C:
1601 E.Third Street 11_1
INSURER D:
San Bernardino,CA 92405-0131
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF PODGY EXP LIMITS
(MMlDDIYYYYI {MMIDDIYYYY)
--- -_._._.. .___.... .--.-.-.... .............. ._......_ -...._...._...._--- -_- — - —_-
A GENERAL LIABILITY X 027712381 7/01/2013 07101/2014 EACH OCCURRENCE $1,000,000-_
X COMMERCIAL GENERAL LIABILITY PftEMISESOEaNTurrDence $50,000
CLAIMS-MADE a OCCUR MED EXP(Any one person) $10,000
X BI/PD Ded $5,000 PERSONAL 8 ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-CQMPlOP AGG $2'000 000
X POLICY _ ECT ' I LOC $ ..-.
B ,AUTOMOBILE LIABILITY X BA8690338 7101/2(}13 07/01/2014 COMBIPI.nt) LE LIMIT ___
Ea a��ent 1,000,000
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS 'BODILY INJURY(Per accent) $
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS Per accident
$
A UMBRELLA UAB OCCUR 021391470 7/01/2013 07101/2014 EACH OCCURRENCE $1,000,000
EXCESS LIAB CLAIMS-MADE; 'AGGREGATE $1,000,000
DED RETENTION$10000 $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY ....TORY LIMITS _-ER ...., __
ANY PROPRIETORIPARTNERIEXECUTIVE Y j N E L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N 1 A L - -:-
(Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $
`If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMI7 $
DESCRIPTION OF OPERATIONS/LOCATIONS;VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Re: Mt View Avenue Bridge. Certificate holder shall be named as additional insured as respects to
described property per attached General Liability form CG2026 11/85 and Automobile Liability form GECA701
01/07.
CERTIFICATE HOLDER CANCELLATION
Cit of Redlands SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
F. Mousavipour,P.E.LEER AP, PMP ACCORDANCE WITH THE POLICY PROVISIONS.
Municipalities Utilities&Engineering Director
35 Cajon Street,Ste 15A AUTHORIZED REPRESENTATIVE
Redlands,CA 92373
1988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S2540297/M2496856 CB41
Named Insured: San Bernardino Airport Authority and
Inland Valley Development Agency
Effective: 07-01-2013/2014
POLICYNUMBER: 027712381 ENDORSEMENT# 002 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization;
Blanket - Where Required By Written Contract
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization
shown in the Schedule as an insured but only with respect to liability arising out of your operations
or premises owned by or rented to you.
CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984
L X5184 Page 1 of 1
Named Insured: San Bernardino International Airport Authority and
Inland Valley Development Agency
Policy#BAD090338 EffaoU*a: D7-U1-2U13/2O14
COMMERCIAL AUTO GOLD ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SECTION i1-LIABILITY COVERAGE
A. CQVERWGE
1. WHO IS AN INSURED
The following iaadded:
d. Any organization,other than a partnership or joint venture, over which you maintain ownership or
a majority interest on the effective date of this CowareQm Foxn, if there is no similar insurance
available hothat organization.
e. Any organization you newly acquire or form other than a partnership or joint venture, and over
which you maintain ownership of o majority interest. However, coverage under this provision
does not apply:
(1) If there is similar insurance or a self-insured retention plan available to that organization; or
CB To "bodily injury" o/ "property damage" that occurred before you acquired or formed the
organization.
[ Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow
in your business or your personal affairs. |noumnm* provided by this endorsement is excess over
any other insurance available 10any volunteer nremployee.
g. Any pemon, organizs8ion, tmoim*, estate or governmental entity with respect to the operation,
naintenanrcnruaeofaoovnred ''aukz"byaninsu/ed. it
(1) You are obligated to add that person, organization,trustee, estate orgovernmental entity as
onadditional insured tothis policy by:
(a)an expressed provision of an"insured contract", or written agreement;or
(b)an expressed condition of a written permit issued to you by a governmental or
public authority,
(2) The"bodily injury"or"property damage" is caused by an "accidenf'which takes place after:
(a)You executed the"insured contract"orwritten agreement;or
(b)the permit has been issued toyou.
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2. COVERAGE EXTENSION$
a. Supplementary Payments.
Subparagraphs{ }and(4)are amended as follows:
(2)Up to $2500 for cost of bail bonds (including bonds for related traffic lave violations) required
because of an"accident"we cover. We do not have to furnish these bonds.
(4)All reasonable expenses incurred by the"Insured"at our request, including actual loss of earning
up to$500 a day because of time off from work;
SECTION III-PHYSICAL DAMAGE COVERAGE
!A. COVERAGE
The following is added.-
6.
dded:5 Hired Auto Physical Damage
a. Any"auto"you lease, hire, rent or borrow from someone other than your employees of partners
or members of their household is a covered"auto"for each of your physical damage coverages.
b. The most we will pay for"loss"in any one"accident"is the smallest of.
(1) $50=0
(2) The actual cash value of the damaged or stolen property as of the time of the"toss";or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality.
If you are liable for the"acccident"",we will also pay up to$500 per"accident"forthe actual loss of
use to the towner of the covered""auto".
c. Our obligation to pay for,repair,return or replace damaged or stolen property will be reduced by
an amount that is,equal to the amount of the largest deductible shown for any owned "auto"for
that coverage. However, any Comprehensive Coverage deductible shown in the declarations
dies not apply to"loss"caused by fire or lightning.
d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a
driver and excess over any other collectible insurance for any covered"auto"that you hire with a
driver.
6. Rental Reimbursement Coverage
We will pay lap to $75 per day for up to 30 days,for rental;reimbursement expenses incurred by you
for the rental of an "auto" because of"loss" to a covered "auto". Rental Reirribursement will be
based on the rental of a comparable vehicle,which in many cases may be substantially less than $7
per day, and will only be allowed for a period of time it should take to repair or replace the vehicle
with reasonable speed and similar duality, up to a maximum of 30;days, We will also pay up to$500
for reasonable and necessary expenses incurred by you to remove and replace your materials and
equipment from the covered"mato".
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If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this ouvansge only that amount of your pmntmi reimbursement expenses which is not
already provided under paragraph 4.Coverage Extension.
7. Lease Gap Coverage
If |VnA-tmnn leased "auto" is a covered "auto" and the lessor is named as an Additional Insured -
Lessor, In the event of tnie| |osa, we will pay your additional legal obligation to the lessor for any
difference between the actual cash value of the "auto" at the time of the loss and the "outstanding
balance"ofthe lease.
"Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts
representing taxes; overdue payments; penalties, interest or charges resulting from overdue
payments;additional mileage charges; excess wear and tear charges;and lease termination fees.
B. EXCLUSIONS
The following isadded toParagraph 3
The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not
apply huthe accidental discharge ofenairbag.
Paragraph 4is replaced with the following:
4, VVnwill not pay for"|oas"hmany ofthe following:
a. Tupaa, nacunjo, disks or other similar eudin, visual or data electronic devices designed for use with
audio,visual ordata electronic equipment.
b. Equipment designed orused for the detection orlocation nfradar.
c.Any electronic equipment that receives or transmits audio,visual ordata okJna|n.
Exclusion 4.odoes not apply to:
(1) Electronic equipment that receives or transmits audio, visual or data siJna|s, whether or not
designed solely for the reproduction of onund, if the equipment is permanently installed in the
covered"auto"at the time of the"loss"and such equipment is designed to be solely operated by
use of the power from the"auto's"electrical system, in or upon the covered"auto";or
(2)Any other electronic equipment that is:
(a) Necessary for the normal operation of the covered "auto"or the monitoring of the
oovered ^auho's^openatinA system; or
(b) An integral part of the same unit housing any sound reproducing equipment described in (1)
above and permanently installed in the opening of the dash orconsole ofthe covered "auto"
normally used bythe manufacturer for installation ofaradio.
D. DEDUCTIBLE
The following isedded� Nodeductible applies tmglass damage Jthe glass isrepaired rather than
replaced.
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SECTION IV.BUSINESS AUTO CONDITIONS
A. LOSS CONDITIONS
Item 2.a.and b.are replaced with:
2. Duties In The Event ofAccident, Claim,Suit,or Loss
o. You must promptly notify us. Your duty tn promptly notify uois effective when any ofyour
executive officers, podneru, membem, or legal representatives is aware ofthe accident, claim,
.suit", or loss. Knowledge of an accident, claim, "suit", or |oss, by odherempinVee(a) doom not
imply you also have such knowledge.
b. Tnthe extent possible, notice hmusshould include:
(1) How,when and where the accident orloss took place;
CD The names and addresses nfany injured persons and witnesses;and
(3) The nature and location of any injury or damage arising out of the accident or loss.
The following isadded toS.
We waive any right of recovery we may have against any additional insured under Coverage A. 1.
Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of
a covered"auto"pursuant to the provisions of the"insured contract",written agreement,or permit.
B. GENERAL CONDITIONS
Q. is added
9. UNINTENTIONAL FAILURE TQDISCLOSE HAZARDS
Your unintentional failure to disclose any hazards existing at the effective date of your policy will not
prejudice the coverage afforded. However, wehave the right tocollect additional premium for any
such hazard.
COMMON POLICY CONDITIONS
2.b.iareplaced bythe following:
b.60 days before the effective date of cancellation if we cancel for any other reason.
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