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HomeMy WebLinkAboutContracts & Agreements_190a-2008_CCv0001.pdf AGREEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF THE CREEKSIDE TRAIL BETWEEN THE CITY OF REDLANDS AND THE REDLANDS CONSERVANCY This agreement for the construction and maintenance of the Creekside Trail ("Agreement") is made and entered into this 18th day of November, 2008 ("Effective Date") by and between the City of Redlands ("City"), a municipal corporation of the State of California, and the Redlands Conservancy("Conservancy"), a 501(c)(3) nonprofit corporation. City and Conservancy are sometimes individually referred to herein as a"Parry" and, together, as the "Pa ties." RECITALS WHEREAS, City and Conservancy jointly appreciate the value added by public trails to the community's health and high quality of life; and WHEREAS, City wishes to have the Creekside Trail constructed and maintained, but currently lacks sufficient resources to effectively do the same; and WHEREAS, Conservancy is a qualifying 501(c)(3)tax-exempt organization in the State of California, and is an acknowledged land trust; and WHEREAS, Conservancy represents that it has the willingness, financial means and the expertise to develop and maintain the Creekside Trail; NOW, THEREFORE, in consideration of the mutual promises contained herein, City and Conservancy agree as follows: AGREEMENT I. Design, Plan and Construction. Conservancy shall design and create plans at its sole expense, subject to City's approval, for construction of a single-track foot and mountain bicycle trail on City-owned land (shown in Exhibit A) between Creekside Road and San Timoteo Creek ("Creekside Trail"). Conservancy shall begin work on the Creekside Trail by December 1, 2008, and complete construction of the Creekside Trail by March 1, 2009. Conservancy shall coordinate the time and dates of construction with City. The Creekside Trail will include appropriate accessibility as required by the Americans With Disabilities Act. Conservancy may use a contractor or subcontractors for construction provided such contractor and subcontractors abide by the terms of this Agreement. 2. Promotion. Conservancy shall promote, at its sole expense, the use of the Creekside Trail by way of electronic and printed media, subject to City'sQuality of Life Director's prior approval as to design and content. 3. Identification and Signage. City will review and approve the design of proposed H:�agreementsNCreekside Trail Construction.%pd October 27,2008 1 identification and way-finding signage on the Creekside Trail that is proposed or submitted by Conservancy, subject to the following conditions: A. Sponsors names, such as family or financial sponsors, shall not be displayed on identification or way-finding signage. B. Signage is Iimited to trailhead and trail way-finding signs. C. The colors of trail way-finding signs shall be natural, muted earth tones. D. Anti-graffiti film shall be utilized to facilitate the maintenance and clean- up of graffiti on all signage. E. Use of Conservancy's moniker shall be limited to trailhead signs only. Trailhead signage shall contain the words: "City of Redlands and Redlands Conservancy Project" at the top, the trail number and then a direction arrow with the mileage. 4. Maintenance. A. Conservancy shall maintain the Creekside Trail in such a manner as to be safe and attractive for use by pedestrians, bicyclists and equestrians, in accordance with California Civil Code Section 846. B. Conservancy shall perform maintenance work on the Creekside Trail, with such work limited to the use of hand tools. Conservancy shall not provide any maintenance that requires the use of heavy equipment or chainsaws. C. Cleaning. Conservancy shall keep the entire length of the Creekside Trail clear of weeds, brush and trash, with maintenance reviews conducted no less than once monthly, and maintenance activities conducted as needed. D. Conservancy shall clean, repair and replace signs as they become damaged, defaced or removed, no less than once, monthly. E. Conservancy shall report to City's Quality of Life Department any damage to the Creekside Trail or surrounding area that may affect the safety of the Creekside Trail, and coordinate with City's Quality of Life Department to establish a repair schedule for the Creekside Trail. Conservancy shall perform inspections, within twenty-four(24) hours, of the Creekside Trail if it is subjected to a wildland fire or significant weather event (such as heavy precipitation or high winds) to identify safety and maintenance hazards. 5. Hold Harmless and Indemnification. Conservancy shall hold harmless and indemnify City on for any damage to, or loss of, private property, or for injury to or death of any Conservancy volunteer which may occur as a result of the maintenance activities on the trails conducted pursuant to this Agreement. 6. Volunteers. Conservancy shall require its volunteers to execute a liability release in a form provided by City. K\agreements4Creekside Trail Conwuction.wpd October 27,2008 2 7. Liability Insurance. Conservancy, its contractor and subcontractors, shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance, with carriers acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury. City shall be named as an additional insured and the insurance policies shall include a provision prohibiting its modification or cancellation except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to Conservancy, its contractor and subcontractors' commencement of any of its obligations under the Agreement. 9. Automobile Insurance. Conservancy, its contractor and subcontractors, shall secure and maintain business automobile 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. Such coverage shall include hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and the insurance policies shall include a provision prohibiting its modification or cancellation except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of Conservancy, its contractor and subcontractors' commencement of any of its maintenance obligations under this Agreement. 10. Compliance with Law, Conservancy, its contractor and subcontractors, shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans With Disabilities Act, the Fair Employment and Housing Act and prevailing wage laws commencing at Labor Code section 1770 et seq. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification, or type of worker associated with the construction of the Creekside Trail are on file at City of Redlands office of the Municipal Utilities and Engineering Department, Civic Center, 35 Cajon Street, Suite 15A (P.O. Box 3305 mailing), Redlands, California 92373. All volunteer labor provided by Conservancy shall comply with the requirements of California Labor Code section 1720.4. Conservancy acknowledges ands agrees that it is informed by City that Conservancy's failure to comply with California Labor Code section 1720.4 may cause such volunteer labor to be deemed a"public work" for purposes of California Labor Code section 1720 et seq. (Including the payment of prevailing wages for public works) and that Conservancy shall be solely responsible for compliance with such public works laws. Conservancy acknowledges and agrees that this subsection satisfies City's obligations imposed by California Labor Code section 1781. 11. Notices. All notices shall be given in writing by personal delivery or by United States mail. Notices sent by mail should be addressed as follows: H:+agreements\Creekside Trail Construction.wpd October 27,2008 3 Ci!y Conservancy City of Redlands The Redlands Conservancy Attention: Quality of Life Director Attention: Executive Director P.O. Box 3005 P. O. Box 855 Redlands, CA 92373 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section. 12. This Agreement may be terminated by either Party by providing thirty (30) days' prior written notice to the other Party. 13. Entire Agreement/Amendment. This Agreement represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations or verbal agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, and signed by City and Conservancy. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 15. Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief,be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. IN WITNESS WHEREOF, duly authorized representatives of City and Conservancy have signed in confirmation of this Agreement. CITY OF REDLANDS THE REDLANDS CONSERVANCY By�- 3 1X1 By: t Jon Harrison, Mayor f Name, e: Attest: \1 � . lt`t G City Cle � Wtagret,mentsi(:reekside Trail Construction.wpd Qctobt!T 37.003 4 Associates, Inc. to provide legislative advocate services to pursue legislative matters of importance to the City and funding opportunities. Following discussion, Councilmember Gilbreath moved to approve the agreement with Van Scoyoc Associates, Inc., in an amount not to exceed $63,004.00 and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. Motion, seconded by Councilmember Gallagher and carried unanimously. _Agreement - Redlands Conservancy - Sherli Leonard, Executive Director of the Redlands Conservancy, presented a PowerPoint showing existing trails and the area of the proposed Creekside Trail on the City-owned property in San Timoteo Canyon. Martie Wells, property owner of the adjoining parcel, said he was shocked and appalled that there was no notification of this proposal to nearby property owners. Bob Roberts also complained a public hearing was not scheduled for this proposal nor an environmental review. City Attorney McHugh assured Councilmembers staff has reviewed the proposal and saw no significant impact and everything had been done legally proper. Following discussion, Councilmember Harrison moved to approve the agreement for the construction and maintenance of the Creekside Trail with the Redlands Conservancy, authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City and further, that staff will investigate environmental review and other requirements to ensure that all considerations for the construction of this trail are properly met. Motion seconded by Councilmember Gilbreath and carried unanimously. Airport Master Plan - Todd Housley, Redlands Municipal Airport Manager, introduced a representative from Coffman Associates, Inc. who reviewed the proposed Redlands Municipal Airport Master Plan. Councilmember Gilbreath moved to determine that approval of the Redlands Municipal Airport Master Plan is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines, Section 15061(b)(3) and directed staff to file a notice of exemption with the County Clerk_ Motion seconded by Councilmember Gallagher and carried unanimously. Councilmember Gilbreath moved to approve the Redlands Municipal Airport Master Plan prepared by Coffman Associates, Inc. Motion seconded by Councilmember Gallagher and carried unanimously. Agreement - Electricity Co eg neration Facility - Municipal Utilities and Engineering Director Hoeraing reviewed the recommendation to approve an agreement to furnish operation and maintenance services for the Electricity Cogeneration Facility with SCS Energy. Councilmember Gilbreath moved to approve this agreement in an amount of$435,644.00 and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. Motion seconded by Councilmember Gallagher and carried unanimously. November 18,2008 Page 5 j9 i 190a-0$ Approved: 11-18-48 i AGREEMENT REDLANDSCONSERVANCY For construction and maintenance of Creekside Trail.