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Home My WebLink AboutContracts & Agreements_36-1990_CCv0001.pdf FOR DISTRICT USE ONLY 4�pUNTa rjj San Bernardino County Flood Control District Contract Number tq O oc I Flood Control District Contract Representative Contractor's License Number: cy ' Mina G Ph. Ext. 2 1 Budget Unit No. Sub-Object No. Fund No. Job No. �unepayrnent unt of Contrart SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT Project Name: If contract has more than or receipt, complete the following: STANDARD CONTRACT Payments Estimate: Approximate Amount Each: THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereafter called the District, and Name ('TTY OF RFT�T ANTI, Address hereafter called ('TTY Redl ands, CA 9 '�7'� Phone Birth Date ZClNSocial SeyNo.Federai IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions,and attach plans,specifications,and addenda,if any.) THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF REDLANDS, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the SAN BE RNARDINO COUNTY F IOOD CONTROL DISTRICT, a body corporate and politic of the State of California, hereinafter referred to as "DISTRICT". , WITNESSETH WHEREAS, CITY desires to effect., at no cost to the District., the construction, operation and maintenance of a bridge widening on the west side of Wabash at the crossing of REDIANDS ZAWA CHANNEL which construction, operation and maintenance will necessitate CITY'S use of certain District owned lands for road purposes; and WHEREAS, CITY desires-to construct, operate and maintain said bride widening and appurtenances within DIS CT IANDS and within adjoining CITY lairs, which DISTRICT lands are hereinafter referred to as "AREAS OF COMMON USE", which AREAS OF C, ON USE are shown on attached plat map marked "EXHIBIT "All and -12459-697 Rev. 11/80 l WHEREAS, DISTRICT desires to preserve, maintain, construct and operate flood control and water conservation works within and across said AREAS OF CCMMCN USE; NOW, TMZEFORE, IT IS UNDERSTOOD AND KMJALLY Xn= AS FOLLOWS: 1. DISTRICT hereby consents to the construction, reconstruction, maintenance and operation of a bridge widening and appurtenances thereto, at no expense to the District within the AREAS OF COMMON USE and to allow CITY and the traveling Public to occupy and use said AREAS OF M&Z1ON USE for street and highway purposes; provided, however, that no such use, occupancy, construction, reconstruction or maintenance, shall be effected by the CM, its successors or assigns, in any manner which, in the opinion of the Chief Engineer of the DISTRICT,may interfere or conflict with any structures, facilities, Operation or uses which DISTRICT has or intends to have upon said lands,without first submitting plans of such occupancy or use to DISTRICT'S Chief Engineer at least thirty days prior to the date of such intended occupancy or use and obtain his written approval therefore, which approval shall not be withheld, if in the opinion of the Chief Engineer, the proposal does not interfere or conflict with the DISTRICT'S interests or the purpose of this agreement. 2. CITY, its successors and assigns shall assume full responsibility for the operation and maintenance of and liabilty for the roadway facilities (including all roadway culverts, pipes and those portions of the bridge structures lying above the soffet of the bridge deck, including approaches, sidewalks and other appurtenant works.) 3. CITY acknowledges DISTRICT'S right to AREAS OF COMMON USE and the priority of DIS Cr'S right within AREAS OF alSM USE. Except in aTexgencies, CITY shall give reasonable notice to and obtain written approval from the DISTRICT before performing any work on CITY facilities in said AREAS OF CMM USE, where such work will be performed within channel or levee areas, if which said work will in any way alter or obstruct the flow of or potential flow of waters within said flood control and water conservation works. 4. CITY shall indemnify, defend and hold harmless the DISTRICT and/or the County of San Bernardino, their officers, agents, volunteers and employees from and against any and all claims, demands, loss or liability of any kind or nature which the DISTRICT and/or County, their officers, agents, volunteers or employees, may sustain or incur or which may be imposed upon them, for property damage and injury to or death of any persons. Workers., Ccn pensation: Statutory Workers' Compensation Insurance. The CITY shall require the Carriers of this Coverage to waive all rights of subrogation against the DISTRICT or the County, their officers, volunteers, employees, contractors and subcontractors. Comprehensive General and Automobile Insurance: This coverage to include contractual coverage and automobile liability Coverage for awned, hired, and non-owned vehicles,. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) . Errors and omissions liability insurance with combined single limits of $1,000,000 for bodily injury and property damage. CITY shall furnish certified copies of all policies and endorsements or letters of self-insurance to the DISTRICT evidencing the insurance coverage above required prior to the conmTtyncet:ent of performance of services hereunder, which shall provide that such insurance shall not be aminated or expire except without thirty (30) days written notice to the Department. All policies, with respect to the insurance wverage above required, except for the Workers' Cmpensation insurance omerage, shall obtain additional erdorrsements naming the DISTRICT -and the County, their enplayees, agents, volunteers and officers as additional named insureds with respect to liabilities arising out of the perfonnance of services under. 5. DISTRICT has and reserves the right to use AREAS OF Comm USE in any manner not in conflict. with CITY'S needs for the pro public roadway :i provernent, without necessity for any further permit or permission from CITY. DISTRICT shall, awePt in emergencies, give reasonable notice to CITY before performing any work which may affect CM'S facilities in said AREA OF UOl'+ N USE. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT C'i tly of Redlands Stateif co oration,company,etc.) Chairman, Board of Supervisors _ ` Dated 3( th a Sign re) September 18. 1 9tl ATTESTED: 00- Title Mayor Secretary of the Flood Control District Address P.O..Box 3005L—Redlands, CA 92373 APProved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing Coun� cr tyC..n.el Agency Administrator/CAO Cate [gate � 02-12459-697 Rev.11/80 Page_ of i 001 I! cl ID rt 13 I jt 11 lJ� II / f - 11 / coAM p co :, fill Y� SAI/F01,0 March 27 , 1990 San Bernardino County Flood Control District 825 E. Third Street San Bernardino, CA 92415-0835 CITY OF REDLANDS INSURANCE The City of Redlands is self-insured for both worker' s compensation and liability insurance for the first $200, 000 per claim. We carry excess insurance of $5, 000, 000 per claim less the self-insurance retention. The City will indemnify, defend and hold harmless the San Bernardino County Flood Control District from any claims, demands, loss or liability in connection with the construction and maintenance of the bridge widening on the west side of Wabash at the crossing of Redlands Zanja channel. GEORG KAENEL Finance Director/Risk Manager 30 CAJON STREET, P.O. BOX 2090 REDIANDS, CA 92373