HomeMy WebLinkAbout2003 CON Dept of the Navy - Pedestrian Bridge RemovalLIti ENSENAVFAC FOR11011N/29`(ON6.75) FEDERAL(Supersedes USE OF REALNavDocks
PROPERTY2260)
LICENSE NUMBER
THIS LICENSE TO USE U.S. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE
DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED
UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE
REVERSE SIDE HEREOF AND ANY SPECIAL CONDITIONS ATTACHED HERETO. BY THE EXECUTION
HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS, CONDITIONS AND GENERAL
AND/OR SPECIAL PROVISIONS.
1. NAVAL ACTIVITY (Property Location)
NAVAL BASE SAN DIEGO
2. DATES COVERED (Inclusive)
FROM 15 AUGUST 2003 TO: 1 OCTOBER 2003
3. DESCRIPTION OF PROPERTY (Include room and building number where appropriate)
PEDESTRIAN BRIDGE APPROACH (57C-0193) ON HARBOR DRIVE AT WOODEN STREET, AS SHOWN ON EXHIBIT "A," ATTACHED HERETO AND MADE
A PART HEREOF.
4. PURPOSE OF LICENSE
TO PROVIDE THE CITY OF NATIONAL CITY EMPLOYEES, CONTRACTORS, AND AGENTS ACCESS FOR THE PURPOSE OF DEMOLISHING
APPROACHES TO ABANDONED WODEN STREET PEDESTRIAN BRIDGE.
5. LICENSOR
UNITED STATES OF AMERICA
DEPARTMENT OF THE NAVY -
5a. LOCAL REPRESENTATIVE (Name and address)
COMMANDER, SOUTHWEST DIVISION, NAVAL FACILITIES ENGINEERING
COMMAND (REAL. ESTATE)
1220 PACIFIC HIGHWAY
SAN DIEGO. CA 92132-5190
6. LICENSEE (Name and address)
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91250-4301
6a. LOCAL REPRESENTATIVE (Name and address)
DIN DANISHFAR, NATIONAL CITY ENGINEERING
DEPT, (619) 336-4387 / CLIFF ABELLA (TETRA TECH),
(858) 673-5505
(ADDRESS IS SAME AS ITEM 6)
7 CASH PAYMENT BY LICENSEE (Payable in advance)
(If no cash payment is required, enter "None" under item 7a "Amount") ,
a. AMOUNT (Each .
Payment)
NONE.
b. FREQUENCY
c. FIRST DUE DATE
d. TO (Local Government representative)
8. DEPOSIT FOR UTILITIES AND SERVICES (Payable in advance)
(If no cash payment is required enter "None" under item 8a "Amount")
a. AMOUNT (Each
Payment)
AS REQUIRED BY
FURNISHING ACTIVITY.
FREQUENCY
PAYMENT DUE
c. FIRST DUE DATE
d. TO (Mailing Address)
9. INSURANCE REQUIRED AT EXPENSE OF LICENSEE
(If any or all insurance requirements have been waived, enter "None" in a,b,c, or d as appropriate)
TYPE
MINIMUM AMOUNT
TYPE
MINIMUM AMOUNT
a. FIRE AND EXTENDED COVERAGE
none
c. THIRD PARTY PERSONAL
INJURY PER PERSON
$1,000,000
b. THIRD PARTY PROPERTY DAMAGE
$1,000,000
c. THIRD PARTY PERSONAL
INJURY PER ACCIDENT
$1,000,000
10. GENERAL PROVISIONS (See Reverse Side)
SEE SPECIAL PROVISIONS EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
II. EXECUTION OF LICENSE
FOR
NAME, POSITION, AND TITLE
SIGNATURE
DATE
DEPARTMENT
OF THE NAVY
KAREN P. RINGEL
Real Estate Contracting Officer
LICENSEE
Nick Inzunza
Mayor, City of National City
_/
12/16/03
Naysta:bridgedemoli cense
10. GENERAL PROVISIONS
a
a. The Licensor hereby grants to the Licensee the right to use the premises or facilities
described in item 3, together with the necessary rights of ingress and egress.
b. This License shall be effective for the period stated in item 2 and is revocable at any
time without notice at the option and discretion of the Licensor or its duly authorized
representative.
c, The use shall be limited to the purposes specified herein.
d. This License shall be neither assignable nor transferable by the Licensee.
e. If utilities and services are famished to the Licensee for its use of the premises, the
Licensee shall reimburse the Licensor for the cost thereof as determined by the Licensor in
accordance with applicable statutes and regulations.
f. The Licensee, at its own cost and expense, shall protect, maintain, and keep in good
order, the premises or facilities licensed hereby. At the discretion of the Licensor, this
obligation shall include, but not be limited to, contribution toward the expense of long
term maintenance of the premises or facilities, the necessity for which accrued during the
period of Licensee's use. The amount of expense to be borne by the Licensee shall be
determined by prorating the total expense of the item of long term maintenance on the
basis of fractional use by the Licensee. This fractional part of the total expense shall be
prorated further if the item of long term maintenance did not accrue in its entirety during
Licensee's use.
g. Upon a determination by the Licensor that the necessity exists for an expenditure of
funds for maintenance, protection, preservation, or repair, the Licensee shall pay to the
Licensor, its proportionate share, on demand.
h. No additions to, or alterations of, the premises or facilities shall be made without the
prior consent of the Licensor. Upon revocation or surrender of this License, to the extent
directed by the Licensor, the Licensee shall remove all alterations, additions, betterment,
and improvements made, or installed, and restore the premises or facilities to -the same, or
as good condition as existed on the date of entry under this License, reasonable wear and
tear excepted.
i. The Licensee shall be liable for any loss of, or damage to, the premises or facilities
incurred as a result of its use and shall make such restoration or repair, or monetary
compensation as may be directed by the Licensor. T`^ r.- Li�..�^--- ' ••'�-soility-foo� h��r
damage-to-the-premises-resulting-from-risks-expressly-required-te-be-insured-hereunder
The Licensee shall not be liable for
loss of, or damage to, the premises arising from causes beyond the control of the Licensee
and occasioned by a risk not in fact covered by insurance and not customarily covered by
insurance in the locality in which the premises are situated. Nothing eontai_ed herei_
e
h ti 1 el' e he r inensee of liability .itl. y.... loor damage.. tth
insurance required of the Licensee on the premises shall be for the protection of the
Licensor and the Licensee against their respective risks and liabilities in connection with
the premises. Each policy of insurance against loss or damage to Government property
shall name the Licensee and the United States of America, Department of the Navy, as the
insured and shall contain a loss payable clause reading substantially as follows:
"LOSS, IF ANY, UNDER THIS POLICY SHALL BE ADJUSTED WITH (NAME AND LICENSEE)
AND THE PROCEEDS, AT THE DIRECTION OF THE GOVERNMENT, SHALL BE PAYABLE
TO (NAME OF LICENSEE), AND PROCEEDS NOT PAID TO (NAME OF LICENSEE) SHALL BE
PAYABLE TO THE TREASURER OF THE UNITED STATES OF AMERICA."
In the event that any item or part of the premises or facilities shall require repair,
rebuilding, or replacement resulting from loss or damage, the risk of which is assumed
under this paragraph, the Licensee shall promptly give notice thereof to the Licensor and,
to the extent of its liability as provided in this paragraph, shall, upon demand, either
compensate the Government for such loss or damage, or rebuild, replace or repair the item
or items of the premises or facilities so lost or damaged, as the Licensor may elect. If the
cost of such repair, rebuilding, or replacement exceeds the liability of the Licensee for
such loss or damage, the Licensee shall effect such repair, rebuilding, or replacement if
required so to do by the Licensor, and such excess of cost shall be reimbursed to the
Licensee by the Licensor. In the event the Licensee shall have effected any repair,
rebuilding, or replacement which the Licensee is required to effect pursuant to this
paragraph, the Licensor shall direct payment to the Licensee of so much of the proceeds of
any insurance can -led by the Licensee and made available to the Government on account
of loss of or damage to any item or part of the premises or facilities as may be necessary to
enable the Licensee to effect such repair, rebuilding or replacement. In event the Licensee
shall not have been required to effect such repair, rebuilding, or replacement, and the
insurance proceeds allocable to the loss or damage which has created the need for such
repair, rebuilding or replacement have been paid to the Licensee, the Licensee shall
promptly refund to the Licensor the amount of such proceeds.
j. Interest: Notwithstanding any other provision of this License, unless paid within thirty
(30) days, all amounts that become payable by the LICENSEE to the GOVERNMENT under
this contract (net of any applicable tax credit under the internal Revenue Code) shall bear
interest from the date due until paid and shall be subject to adjustments as provided in the
Federal Acquisition Regulations, as in effect on the date of this License. The interest rate
per annum shall be the interest rate in effect which has been established by the Secretary of
the Treasury pursuant to Public Law 95-563, the Contracts Disputes Act of 1978, which is
applicable to the period in which the amount becomes due as herein provided. Amounts
shall be due upon the earliest one of (a) the date fixed pursuant to this contract; (b) the date
of the first written demand for payment, consistent with this License, including demand
consequent upon default termination; or (c) the date of transmittal by the GOVERNMENT
to the LICENSEE of proposed supplemental agreement to confirm completed negotiations
fixing the amount. The interest charge made under this clause may be reduced under the
procedures prescribed in 32.614 of the Federal Acquisition Regulations in effect on the
date of this contract.
k. The Licensee shall indemnify and save harmless the Government, its officers, agents,
servants and employees from all liability under the Federal Tort Claims Act (62 Stat. 869,
982; 28 U.S.C. Sec 2671, 2680) or otherwise, for death or injury to all persons, or loss or
damage to the property of all persons resulting from the use of the premises by the
Licensee. Licensee shall furnish the insurance specified in Item 9. Each policy of
insurance required in Item 9 covering bodily injuries and third party property damage shall
contain an endorsement reading substantially as follows:
*(a) The insurer waives any right of subrogation against the United States of America
which might arise by reason of any payment made under this policy. (b) The Commanding
Officer, Southwest Division, Naval Facilities Engineering Command, San Diego,
California, shall be given thirty (30) days written notice prior to making any material
change in or the cancellation of the policy. (c) The United States of America (Dept. of the
Navy) is added as an additional insured in operations of the policy holder at or from the
premises licensed from the United States. (d) This insurance certificate is for use of
facilities at item rzl.
I. All insurance required by this License shall be in such form, for such periods of time,
and with such insurers as the Licensor may require or approve. A certificate of insurance
or a certified copy of each policy of insurance taken out hereunder shall be deposited with
the Licensor's local representative prior to use of the premises and facilities. The Licensee
agrees that not less than thirty (30) days prior to the expiration of any insurance required by
this License, it will deliver to the Licensor's local representative a certificate of insurance or
a certified copy of each renewal policy to cover the same risks. The certifcate of inau imoc
m. No member of or delegate to congress, or resident commissioner shall be admitted to
any share or part of this License or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this License if made with a corporation for its
general benefit.
n. The Licensee warrants that it has not employed any person to solicit or secure this
License upon any agreement for a commission percentage, brokerage or contingent fee.
Breach of this warranty shall give the Government the right to annul this License or in its
discretion to recover from the Licensee the amount of such commission, percentage,
brokerage or contingent fee in addition to the consideration herein set forth. This warranty
shall not apply to commissions payable by the Licensee upon contracts or sales secured or
made through bona fide established commercial or selling agencies maintained by the
Licensee for the purpose of securing business.
o. In connection with the performance of work under this License the Licensee agrees not
to discriminate against any employee or applicant for employment because of race, religion,
color, or national origin. The aforesaid provision shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer' recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Licensee agrees to pose hereafter in
conspicuous places available for employees and applicants for employment, notices to be
provided by the Licensor setting forth the provisions of the nondiscrimination clause. The
Licensee further agrees to insert the foregoing provision in all subcontracts hereunder,
except subcontracts for standard commercial supplies or raw materials.
p. All activities authorized hereunder shall be subject to such rules and regulations as
regards supervision or otherwise, as may, from time to time, be prescribed by the local
representative of the Licensor as designated in Item 5a.
sWDIV 11011/29(1-92) (Back)
ENGINEERING DEPARTV( N1
AS-BGILT
0
0
3 °
3
3 O
3 '^
0
'4
CPO 0.4
BY APPROVED
3
H-
HARBOR
3
0
DATE
(6096 mm]
II
•
REVISIONS
x %
WODEN STREET
111600 mm
PPROVED
DRIVE
DATE
4-
CONSTRUCTION RECORDS
DATE STARTED:
INSPECTOR:
DATE COMPLETED:
yr�
0
0
SURVEYOR:
HORIZONTAL CONTROL:
(1870 mm)
CL EARANCC
A
r
Special Provisions
N6871103RP03P97
Exhibit "B"
The following additional provisions shall control in the event of any conflict with
the General Provisions of this License and are hereby incorporated into the
License by attachment hereto.
1. Licensee shall be solely responsible for obtaining, at its sole cost and
expense, any and all environmental permits or approvals required for its
operations under the license, independent of any existing federal, state, and/or
local permits.
2. Licensee and its officers, employees, agents, and contractors shall comply
with all applicable federal, state and local environmental, hazardous material,
and occupational safety and health laws, regulations and ordinances that are or
may become applicable to Licensee's activities on the Licensed Property.
Licensee shall be solely responsible for any and all fines, penalties, and
enforcement actions instituted under said laws and regulations to the extent that
such fines, penalties, and/or enforcement actions were caused by Licensee on or
after the execution of this License.
3. The Licensee shall not store, treat, or dispose of toxic, contaminated, or
hazardous materials or substances (including wastes) on or near the Premises,
except as specifically approved by the Secretary of the Navy in accordance with
10 U.S.C. §2692. If such approval is obtained, Licensee shall strictly comply with
the California Code of Regulations, Titles 17, 22, & 23 and other applicable
Federal, State, and local laws and regulations governing utilization, storage, and
release reporting of hazardous materials or substances on the property and the
management/disposal of hazardous waste. Except as specifically authorized by
the Government in writing, Licensee must provide at its own expense for such
hazardous waste management complying with all laws and regulations.
Government hazardous waste management facilities will not be available to
Licensee. Nor will Licensee permit its hazardous or solid wastes or other
materials to be commingled with hazardous waste of the Department of the
Navy_ Any violation of the requirements of this condition shall be deemed a
material breach of this License.
4. Licensee shall be responsible, at no cost to the Government, for any
restoration or remedial work required as a result of the actions of Licensee on or
after the execution of this License.
5. Licensee releases, remits, and forever discharges the Government, its
officers, agents and employees of and from any and all claims, causes of action,
injuries, damages, and demands whatsoever in law or in equity arising out of, or
connected with, Licensee's use and /or occupancy of the Licensed Property on
and after the execution of this Licens€ypnd not resulting from the negligence or
w,iilful intent or misconduct of Governrent, its officers, agents and/or employees.
1
Special Provisions
N6871103RP03P97
Exhibit "B"
Licensee agrees to indemnify, defend, and hold harmless the United States
against all fines, claims, damages, law suits, judgments, and expenses arising
out of or from Licensee's use and/or occupancy of the Licensed Property on and
after the execution of this License and not resulting from the negligence or willful
intent or misconduct of Government, its officers, agents, and/or employees.
6. Any agency of the United States, its officers, agents, employees, and
contractors, may enter upon the Licensed Premises, at any time for any purpose
including, but not limited to, conducting inspections, compliance with the
Government's environmental compliance obligations as landowner, and
conducting environmental response actions. Such inspections shall be without
prejudice to the right of duly constituted enforcement officials to make
inspections.
7. Licensee will comply with the rules and regulations as may be prescribed
by the Commanding Officer, Naval Base, San Diego.
8. All persons who enter upon the Premises pursuant to this License do so at
their own risk. Licensee shall cause such persons to observe strict fire and
smoking precautions. Licensee shall further ensure that no fires are lighted on the
Premises and that no firearms or intoxicating liquor shall be carried onto the
Premises by any persons entering said Premises pursuant hereto.
9. Government shall not be responsible for the loss or theft of anything stored by
Licensee or its agents on or about the Premises.
10. Licensee shall ensure that access to the Premises is swept up and properly
disposed of on a daily basis to keep the area free and clear of excess dirt and
debris. Licensee shall ensure that the debris will not enter the storm drains.
11. Licensee cannot assign, voluntarily or by operation of law, this License and
Licensee shall not sublet or permit the use of the Premises, or any part thereof, and
any attempt to do so shall be null and void. Government may assign this License
and any rights or obligations hereunder without consent of the Licensee.
12. The Licensee will ensure that any area trenched under the Government's
perimeter fence will be plated and secured the same day.
13. The Licensee will ensure that no fuel spills reach the storm drain/San Diego
Bay. Storm drain catch basins within the construction area will be covered to
prevent sediment/debris from entering the storm drains.
14. Any sand/gravel stock piles shall be covered/bermed by Licensee to prevent
erosion.
2
Special Provisions
N6871103RP03P97
Exhibit "B"
15. If Licensee grinds or cuts PVC pipe, it will ensure that all PVC shavings are
swept up and properly disposed of. Licensee shall ensure that any epoxy used will
be properly stored and disposed.
16. Licensee, and its officers, employees, agents, and contractors shall
coordinate access with Mr. Mack McKuskie in the Public Works Office, (619)
556-0685. Contractor must have valid contract prior to the issuance of any base
access badges.
17. Licensee, and its officers, employees, agents, and contractors shall, at the
Government's satisfaction, erect suitable temporary fencing during the project.
Additionally, Licensee, and its officers, employees, agents and contractors shall,
to the Government's satisfaction, replace and restore the existing fencing to
match existing conditions.
3
SELF-INSURANCE REQUIREMENTS FORM
INSURANCE MUST CONFORM TO ALL THE REQUIREMENTS LISTED BELOW
X 1. PUBLIC LIABILITY AND PROPERTY DAMAGE
a. Required minimum amounts of insurance listed below:
$ 1,000,000 Third Party Property Damage
$ 1,000,000 Third Party Personal Injury Per Person
$ 1,000,000 Third Party Personal Injury Per Accident
X 2. SELF-INSURANCE REQUIREMENTS:
If your organization is self -insured, please provide evidence of self-insurance which meets or exceeds
the insurance liability amounts in Item # 1.
3 he following information, written on your organization's letterhead, is also required:
• A brief description of your organization's self-insurance program.
• The name and telephone number of your organization's self-insurance
program administrator.
• Reference the appropriate military facility and contract number.
IF YOUR SELF-INSURANCE PROGRAM DOES NOT MEET THE ABOVE MINIMUM
REQUIREMENTS:
• Please provide evidence of Excess Liability Insurance in the amount necessary to meet or
exceed the minimum requirements in Item #1 above.
• The following endorsements are required for Excess Liability insurance policies:
a. "The insurer waives any right of subrogation against the United States of America which
might arise by reason of any payment made under this policy."
b. "The Commanding Officer, Southwest Division, Naval Facilities Engineering Command,
San Diego, California, shall be given thirty (30) days written notice prior to making any
material change in or the cancellation of the self insurance program."
c. "The United States of America (Department of the Navy) is added as an additional insured
in operations of the policyholder at or from the premises licensed/leased from the
United States".
d. "This insurance certificate is for use of facilities at the Naval Base San Diego, Contract
Number N6871193RP03P97'.
e. Loss, if any, under this policy shall be adjusted with (Name of Licensee) and the
proceeds, at the direction of the Government, shall be payable to (Name of Licensee),
and proceeds not paid to (Name of Licensee) shall be payable to the Treasurer of the
United States of America."
X 3. NOTICE: "RIGHT TO USE" DOCUMENTS WILL NOT BE FULLY
EXECUTED UNTIL CERTIFICATE IS RECEIVED WITH PROPER
ENDORSEMENTS.
Enclosure (. 9 )
v
DRIVER ALLIANT INSURANCE
P.O. BOX 6450
NEWPORT BEACH, CA 92658-6450
(949) 756-0271
MEMORANDUM OF INSURANCE
ISSUE DATE 12/3/03
AS A MATTER OF
NO RIGHTS UPON
THIS MEMORANDUM
OR ALTER THE
SERVICES, INC.
THIS MEMORANDUM IS ISSUED
INFORMATION ONLY AND CONFERS
THE MEMORANDUM HOLDER.
DOES NOT AMEND, EXTEND,
COVERAGE SHOWN BELOW.
* INSURED
SAN DIEGO POOLED INSURANCE
PROGRAM AUTHORITY AND
COVERAGE AFFORDED BY
LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION
MEMBER AGENCY OF:
CITY OF NATIONAL CITY
NATIONAL CITY JOINT POWERS FINANCING AUTHORITY
LETTER B: "San Diego Pooled Insurance Program Authority, A Public
1243 NATIONAL CITY BLVD.
Agency."
NATIONAL CITY, CA 91950
* MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE
PROGRAM AUTHORITY
COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c)
THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED
NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR
THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR
MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT.
MEMORANDUM
MEMORANDUM
MEMORANDUM
LIABILITY LIMITS IN THOUSANDS
LTR
TYPE OF COVERAGE
NUMBER
EFFECTIVE
EXPIRATION
EACH
DATE
DATE
OCCURRENCE
AGGREGATE
A
GENERAL AND
SELF INSURED
07/01/03
07/01/04
AUTOMOBILE LIABILITY
BI & PD
COMBINED
100,
N/A
PERSONAL INJURY
$ INCL.
B
EXCESS LIABILITY**
SDC 0018
07/01/03
07/01/04
BI & PD
COMBINED
1,900,
$ 15,000,
***
* * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS
USE OF FACILITIES AT THE NAVAL
HARBOR DRIVE. CONTRACT NUMBER
BASE SAN DIEGO
N6871103RP03P97.
FOR THE PURPOSE OF DEMOLISHING A PEDESTRIAN
TERM DECEMBER 1, 2003 TO FEBRUARY
BRIDGE ACROSS
28, 2004
***THE LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID LOSSES Al
MEMORANDUM HOLDER
CANCELLATION
CONTRACTS BE CANCELLED BEFORE THE
SHOULD ANY OF THE ABOVE DESCRIBED
EXPIRATION DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS'
WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH
NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTHORITY, OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NON-PAYMENT OF
PREMIUM.
UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY
COMMANDER, SOUTHWEST DIVISION, NAVAL FACILITIES
ENGINEERING COMMAND (REAL ESTATE)
1220 PACIFIC HWY
AUTHORIZED SIGNATURE
SAN DIEGO, CA 92132-5190
..,..,,,,,�
i 'f ,-
nit\_Uni[1Mary\_Temp StuFl\_Sd. eb-pri.dat
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Endorsement Number 6
Effective 7/1/03
Contract Number SDC 0018
ADDITIONAL INSURED ENDORSEMENT
In consideration of the payment of premium, it is agreed for claims occurring and reported after
7/1/98, that the following amendments / additions apply:
1. Section III — Persons and/or Entities Insured, is amended to include any person(s) or
organization(s) when required in a written contract or agreement to provide coverage but
only for Personal Injury or Property Damage liability which:
a. is covered by this Memorandum of insurance; and
b. arises out of:
1. the normal course of the Named Insured's operations; or
2. ownership, maintenance or use of that part of the premises or land rented
to or leased to and occupied by, the Named Insured; or
3. work performed for that insured by the Named Insured; or
4. that Insured's financial control of the Named Insured; or
5. the maintenance, operation or Use by the Named Insured of any
equipment or Automobile leased to you by such person(s) or Organization(s).
2. The limits of coverage afforded to such person(s) or organization(s) will be:
a. the minimum limits of coverage which the Named Insured agreed to provide; or
b. the limits of coverage of this Memorandum of Insurance,
whichever is less.
3. Coverage provided under this Endorsement expires:
a. when the written contract or agreement ceases; or
b. when the Named Insured ceases to be a tenant in the premises.
Attached to and forming part of Contract number SDC 0018 of the San Diego Pooled
Insurance Program Authority Memorandum of Insurance.
Dated at:
Newport Beach this 25 day of July , 2003.
_..--
By: •Th,",-1 4 :w-✓...
Authorized Representative
OUPUNITSANDPIPMSPLIABILITYSU-LIAR-CER‘ SD-POOL.A1-END.UOC
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
December 30, 2003
Commander, Southwest Division
Naval Facilities Engineering
Command (Real Estate)
1220 Pacific Highway
San Diego CA 92132-5190
Dear Commander,
On December 16, 2003, Resolution No. 2003-176 was passed and adopted
by the City Council of the City of National City, authorizing the Mayor to
execute a License Agreement with the Department of the Navy for the
removal of the pedestrian bridge over Harbor Drive.
We are forwarding a certified copy of the above Resolution and three
original copies of the executed License Agreement. We understand your
office will provide one fully executed agreement upon completion.
Sincerely,
GO Martha L. Alv ez, CMC
Deputy City Clerk
/mla
Enclosure
cc: Engineering
File No. C2003-58
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE December 16, 2003
AGENDA ITEM NO. 8
(-ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE
AGREEMENT WITH THE DEPARTMENT OF NAVY FOR THE PEDESTRIAN BRIDGE
REMOVAL OVER HARBOR DRIVE
PREPARED BY
EXPLANATION
Din Daneshfar
336-4387
DEPARTMENT
See attached explanation.
Public Works/Engineering
( Environmental Review X N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECO ENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Proposed License Agreement (three original copies)
3. City's MOI
Resolution No. 2003-176
A-200 (9r99)
EXPLANATION:
In accordance with the State of California, Department of Transportation, the existing
closed pedestrian bridge over Harbor Drive in National City must be removed as an
alternative to seismic retrofit. The bridge does not connect an intersection street, sidewalk
or pathway to Harbor Drive.
The project consists of removing the existing signal -span steel bridge structure,
approximately 122 feet long, and 12 feet wide. It will also include the removal of the
temporary chain link fences, and street signs.
This is mainly a federally funded project, and the City has obtained an authorization from
Caltrans (State) to proceed with the construction phase of the project.
The westerly portion of the bridge approach is located within the Navy land, and prior to
the advertisement/construction of the project the City is required to obtain a construction
permit (License for Nonfederal Use of Real Property/License Agreement) from the
Department of Navy. To issue the permit, the Department of Navy has required the City
to show a current proof of insurance. The City Risk Manager's Office has provided an
approved Memorandum Of Insurance (MOI), that is attached to the proposed Navy
License Agreement form.
The plans and specifications for the project have been approved, and are ready for
advertisement.
The purpose of this Resolution is to execute the proposed License Agreement. After the
Agreement is executed, the Department of Navy will process the documents, and then
issue the permit allowing the City/City's Contractor to work within the Navy property.
There will be no permit fee/cost.
The term of the License Agreement may vary due to the bidding and construction
schedules.
RESOLUTION NO. 2003 —176
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A LICENSE AGREEMENT WITH THE
DEPARTMENT OF THE NAVY FOR THE REMOVAL
OF THE PEDESTRIAN BRIDGE OVER HARBOR DRIVE
WHEREAS, in accordance with the State of California's Department of
Transportation, the existing closed pedestrian bridge over Harbor Drive in National City, which
does not connect an intersection street, sidewalk or pathway to Harbor Drive, must be removed
as an alternative to seismic retrofit; and
WHEREAS, because the westerly portion of the bridge approach is located on
land owned by the United States Navy, prior to the advertisement/construction of the demolition
project the City is required to obtain a construction permit (License for Nonfederal Use of Real
Property/License Agreement) from the Department of the Navy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a License Agreement with the Department
of the Navy for the removal of the pedestrian bridge over Harbor Drive.
Passed and adopted this 16th day of Decembet._2003.
Nick Inz1 rt`za, Mayor
ATTEST:
eMich el Dalla, CiCl
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
Passed and adopted by the Council of the City of National City, California, on December 16,
2003, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
.yrA /411
lerk of the t�
City Ciof National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-176 of the City of National City, California, passed and adopted by
the Council of said City on December 16, 2003.
City Clerk of the City of National City, California
By:
Deputy