REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 11, 2025
FROM
BEAHTA DAVIS, Director, Regional Parks Department
SUBJECT
Title
License Agreement with San Bernardino County Transportation Authority for the Mission Zanja Bridge Project
End
RECOMMENDATION(S)
Recommendation
Approve Agreement (License Agreement 25-1003213), including non-standard terms, with the San Bernardino County Transportation Authority, with an annual fee of $1,200, for the Mission Zanja Bridge Project on the Santa Ana River Trail in the San Bernardino area, beginning February 26, 2025 and continuing on a month to month basis until terminated by either party.
(Presenter: Beahta R. Davis, Director, 387-2340)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). License Agreement No. 25-1003213 (License Agreement) with the San Bernardino County Transportation Authority (SBCTA) will result in an annual administration fee of $1,200, which will be payable annually in advance by the Regional Parks Department (Department), beginning on February 26, 2025. Adequate appropriation and revenue are included in the Department’s 2024-25 budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
The Mission Zanja Bridge Project on the Santa Ana River Trail in the San Bernardino area (Project) involves the placement of a prefabricated bridge over the Mission Zanja River with concrete abutments and wingwalls, striping, excavation, and other work appurtenant thereto. The Project is part of the Santa Ana River Trail Phase III Project (SART Phase III). The SART is expected to extend from the Pacific Ocean to the San Bernardino County Mountains. The County is responsible for the completion of 21.5 miles of the SART, which has been divided into four phases between the Riverside County/San Bernardino County line and the Mentone area. SART Phase Ill, a 3.8-mile trail segment on the south side of the Santa Ana River, from Waterman Avenue in the City of San Bernardino to California Street in the City of Redlands, will consist of installing the regional trail to include a bicycle trail, bridges, culverts, and access ramps.
This License Agreement permits the County to use certain property owned by SBCTA for the purpose of installing and maintaining a bicycle trail and pedestrian crossing and associated appurtenances. In accordance with the License Agreement, the County will have access to approximately 2,050 square feet of land in order to install and maintain the improvements. The License Agreement runs month to month and does not have an expiration date but may be terminated by either party with 90 days’ written notice.
The financial obligations for this Project, including the annual administration fee of $1,200, the bicycle trail, pedestrian crossing, and any future removal or restoration costs, will be fully covered by the Department. In the event of termination of the License Agreement, the Department will be responsible for the removal of the improvements and the restoration of the property to its original condition.
The License Agreement with SBCTA contains the following non-standard terms:
1. This is a month-to-month License Agreement with no end date.
• The standard contract term is five years.
• Potential Impact: In order to terminate the License Agreement, the County will have to provide 90 days’ written notice.
2. County will be required to defend and indemnify SBCTA for failure to restore the premises, and for loss, liability, claims, demands, suits, liens, damages, costs and expenses arising out of the acts or omissions of the County, its personnel or its invitees, bodily injury to or death of any person or damage to or loss of use of property resulting from such acts, or non-performance or breach of any term of the License Agreement.
• The County standard contract general indemnity provision requires the contractor to indemnify, defend and hold the County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: The County could be financially responsible for the defense of a claim and any resulting judgment/settlement.
3. SBCTA would be entitled to attorneys’ fees and costs arising out of restoring the property, breach, the defense and indemnification, the release of any hazardous materials, or if any liens are placed on property.
• The County standard contract provides that neither party is responsible to pay for the other party’s attorneys’ fees and costs except for indemnity obligations.
• Potential Impact: The County could be financially responsible for the payment of attorneys’ fees for SBCTA.
4. The County assumes the risk and waives all claims and demands against SBCTA except where caused by the negligence or willful misconduct of SBCTA or a third party.
• The County standard contract does not include a limitation of liability.
• Potential Impact: The County would be waiving any claims it has against SBCTA except caused by negligence or willful misconduct.
5. The License Agreement requires the County to maintain broad form insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the use of SBCTA property.
• The standard County contract does not impose any insurance obligations on the County.
• Potential Impact: The County could be financially responsible for claims that may arise under the agreement, which could result in expenses to the County that exceed the total agreement amount.
6. The Agreement does not require SBCTA to meet the County’s insurance standards as required pursuant to County Policies, 11-05, 11-07 and 11-07SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that SBCTA will be financially responsible for claims that may arise under the Agreement, which could result in expenses to the County that exceed the total Agreement amount.
The Department recommends approval of the License Agreement, including non-standard terms, in order to complete the bridge section of the Santa Ana River Trail in the San Bernardino area.
On December 16, 2014 (Item No. 67), the Board of Supervisors (Board) adopted the Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA), approved the Notice of Determination, and directed the Clerk of the Board to file and post said notice as required by CEQA.
On August 6, 2024 (Item No. 40), the Board approved the Project’s plans and specifications and authorized the Director of the Department of Public Works to advertise the Project for bids. This Project was advertised in the San Bernardino County Sun Newspaper on August 13, 2024, and released on the County electronic procurement network (ePro) on August 13, 2024. Notice inviting bids were also provided to specified construction trade journals identified pursuant to Public Contract Code section 22036.
On November 19, 2024 (Item No. 49), the Board approved entering into a contract with KEC Engineering Corporation for the construction of the Mission Zanja Bridge Project on the Santa Ana River Trail. Construction is anticipated to commence February 2025 and be completed by October 2025.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on January 15, 2025; Finance (Elias Duenas, Administrative Analyst, 387-4052) on January 19, 2025; and County Finance and Administration (Valarie Clay, Deputy Executive Officer, 387-5423) on January 22, 2025.