HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2010-11-09Access Agreement
between
City of Ukiah
And
Ukiah Unified School District.
This Access Agreement (the "Agreement") is entered on November 9, 2010 ("Effective Date"),
in Ukiah, California between the City of Ukiah ("City), a general law municipal corporation, and the
Ukiah Unified School District ("District"), a California School District, which is the owner of real
property located at 400 Oak Manor Drive, California, also known as Mendocino County Assessor's
Parcel Number 179-061-08 and 179-061-07 (the "Property").
RECITALS.
1. The City is undertaking a project to replace a pedestrian bridge which provides pedestrian
access to Oak Manor School from a paved footpath that follows the south side of Gibson Creek. The
footpath runs from the pedestrian overcrossing that crosses U.S. Highway 101 and dead ends at the
pedestrian bridge.
2. The pedestrian bridge is in a dilapidated condition.
As more fully depicted on the attached Exhibit A, the City proposes to construct concrete abutments on
either side of Gibson Creek and place a railroad car pedestrian bridge on the concrete abutments. One of
the abutments will be located on the Property.
3. The pedestrian bridge replacement project is scheduled to begin on June 6, 2011 and to be
completed by October 31, 2011. During construction the City will need access to and the use of a
portion of the Property depicted on Exhibit B, attached hereto, to stage construction equipment and
materials, for cement trucks delivering ready-mix concrete for the abutment on the Property, for a truck
delivering the railroad car bridge and a crane to off-load the bridge and place it on the abutments, and
related activities. These activities and the construction of the pedestrian bridge are referred to hereafter
as "the Work." The City and its contractors will require such access to and use of the Property for the
Work during normal school hours.
4. The purpose of this Agreement is to allow the City and its authorized representatives,
contractors, and subcontractors access to and use of the Property for the purpose of performing the
Work. Hereafter, all references to the "City" include its authorized representatives, contractors and
subcontractors.
5. This Agreement allows for the City to enter the Property to perform the Work, subject to the
terms and conditions of this Agreement.
Access Agreement Page 1 of 4
AGREEMENT.
In consideration of the above-recited facts and the terms and conditions as further stated herein, the
parties agree as follows:
1. Right of Entry, Inspection, and Sample Gathering. During the term of this Agreement, District
hereby grants the City a right of access and use and authorizes the City to enter the Property in order to
perform the Work.
2. Term. The term of this Agreement begins on the Effective Date and continues until October 31,
2011, unless earlier terminated as provided in paragraph 10, below.
3. Work to be Performed. The City shall provide everything necessary to perform and complete the
Work. The City shall have sole responsibility for the Work performed and shall be responsible for
directing and controlling the manner and means of accomplishing the Work.
4. Notification and Coordination. The City and the District acknowledge that the City will use the
portion of the Property depicted on Exhibit B. As depicted on Exhibit B access to this portion of the
Property is through the Oak Manor School parking lot on the east side of the Property to a dirt road at
the west side of the parking lot. During school hours, the parking lot will be used by persons working at
or visiting the school. The City and the District will coordinate the City's access through the parking lot
with the goal of providing adequate access for the purposes of this Agreement, including access by
cement trucks, heavy equipment, including a crane, and the truck delivering the railroad car bridge. The
parties shall also coordinate the Work to reduce to the maximum extent practical the risk of damage to
cars parked in the parking lot, school district property and the disruption of the normal daily activity of
the school.
4.1 For purposes of this daily coordination, District designates Tom Birse, Director of
Maintenance, telephone number (707) 463-5233, cell phone number (707) 217-2745, email address
tbirse@uusd.net as the City's primary contact at Oak Manor School. District may designate a different
representative by written notice to the City. City designates Tim Eriksen, Director of Public Works/City
Engineer, telephone number (707) 463-6280, cell phone number _(707)972-0839, email address
teriksen@cityofukiah.com as the District's primary contact with the City. City may designate a different
representative by written notice to the District.
4.2 Through their designated representatives the parties shall keep each other informed on a
timely basis of their respective needs and of any problems or conflicts that arise during the term of this
Agreement. If the City will need more access through the parking lot than is available when it is fully
occupied by parked cars, it shall provide District with not less than 24 hours notice and District
authorizes City to place cones or barriers on designated parking spaces to prevent those spaces from
being occupied during such period. The City will use its best efforts to minimize the amount of time
when parking shall be restricted. The City and the District will use their best efforts to address
satisfactorily any concerns or problems that arise during the performance of the Work.
4.3 At least 30 days prior to the commencement of any work, the parties shall meet and confer
upon an alternate safe pedestrian crossing, or other alternate means of access to the Property, for those
students not living in the Oak Manor neighborhood (i.e., west of Highway 101, who would ordinarily
have used the pedestrian bridge for access to the Property). The parties shall either designate an agreed-
upon safe pathway on city streets, or to alternate transportation such as busing. If the parties agree to a
pedestrian alternate route/crossing, the City shall mitigate any increased safety risk through such
Access Agreement Page 2 of 4
measures as the temporary hiring of a crossing guard, and shall bear any expense necessary to comply
with this paragraph.
4.4 The City shall designate a safe pathway on the Property or shall provide for on-site safety
personnel for those special education students who are housed on the north side of the driveway and
who routinely travel back and forth on campus throughout the day. The City shall bear any expense
necessary to comply with this paragraph.
4.5 The City shall notify the District at least two weeks prior to the commencement of work on
the Property so that the District can notify the public and parents of the closure of the bridge. If the City
determines at least two weeks prior to the commencement of classes in August, 2011 that the
construction is likely to extend past the first day of school, it shall likewise notify the District of this at
least two weeks prior to the commencement of the school year. Any expense necessary for the District
to notify the public or parents of either the commencement of work or the extension of work past the
beginning of school shall be borne by the City.
5. Applicable Law and Re-ulations. In exercising its rights under this Agreement, the City will comply
with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever nature with respect
to the Work including, without limitation, all health, safety, and environmental laws, directives,
ordinances, regulations, or statutes applicable to the Work.
6. Restoration. The City shall use its best efforts to avoid interfering with the District's use of the
Property. Upon completion of any and all activities required for the Work, the City shall repair and
restore any areas of the Property affected by the Work or the City's access to the Property and apart
from changes resulting from constructing the new bridge as designed, the City shall restore the Property
to its original condition existing before commencement of the Work, or as close thereto as is reasonably
possible.
7. Safety And Security Fencing: At all times during its use of the Property, the City shall keep all areas
under its control, and any materials, equipment, or disturbed areas adequately fenced and otherwise
secure for safety purposes, including maintenance of existing fencing on the site.
8. Indemnification. The City will indemnify the District for any damage to the Property or any person
or property present on the Property caused by the negligence or other wrongful conduct by the City
while performing pursuant to this Agreement. The City will indemnify and defend the District against
any claim by a third party against District for damages or personal injuries, including death, which
damages are proximately caused by the negligent or willfully wrongful act or omission of City in
performing under this Agreement. The City will provide proof of comprehensive general or commercial
liability insurance or comparable coverage from joint powers agencies providing the equivalent of
insurance coverage to the City and provide District with a policy declaration or equivalent notice,
naming District as additionally insured. The City shall provide District with written notice of any
cancellation of coverage and shall renew insurance certificates as they expire.
9. Entire Understanding. This Agreement sets forth the entire understanding between the City and the
District with respect to the subject matter of this Access Agreement and supersedes all prior negotiations
and dealings pertaining to this Agreement.
10. Modification. No change in, addition to, or waiver of any of the provisions of this Agreement shall
be binding upon either party unless it is established in writing and signed by each party.
Access Agreement Page 3 of 4
11. Termination. This Agreement may be terminated by the City at its sole discretion with thirty days
(30) days' written notice to the District, except for the City's obligations under paragraphs 6 and 7,
which shall remain in effect after this agreement is otherwise terminated.
12. Notice. The person authorized to give and receive notices and information on behalf of each party
and the address and fax number for that person is set forth below. A decision communicated by the
authorized representative of each party shall constitute the decision of the party, unless the other party
has received prior notice, as provided herein, that the authorized representative's decision is not the
decision of the party. Whenever notice or other communication is permitted or required by this
Agreement, it shall be deemed given when personally delivered or when received, if delivered by
overnight courier or fax, or 48 hours after it is deposited in the United States Mail with proper first class
postage affixed thereto and addressed as follows:
City of Ukiah
Authorized Representative
Ukiah Civic Center
300 Seminary Ave.
Ukiah, CA. 95482
Fax: 707-463-6201
District
Authorized Representative
Ukiah Unified Offices
925 North State St.
Ukiah, CA. 95482
Fax: 707-463-2120
Jane Chambers, City Manager
Lois J. Nash, Ed.D., Superintendent
13. Access Agreement. This signed Access Agreement was executed the Effective Date.
of Ukiah
Date
Ukiah Unified School District
~ D
Date
Access Agreement Page 4 of 4
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Exhibit "B"
Access Route to Oak Manor Pedestrian Bridge
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A:
Photo Date: 2001
December 15, 2010
Ukiah Unified School District
Attn: Debbie Ornelas
925 N. State Street
Ukiah, CA 95482
RE: Access Agreement-400 Oak Manor Drive, Ukiah
Debbie,
Enclosed you will find the original fully executed agreement from the City of Ukiah in regards to the
Access Agreement for the Ukiah Unified School District property located at 400 Oak Manor Drive.
Should you have any questions or need further information, please let us know.
Sincerely,
Jarod Thiele
City of Ukiah
Public Works Administration
Enc
CC: JoAnne Currie, City Clerk
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com