HomeMy WebLinkAboutContracts & Agreements_181A-2004_CCv0001.pdf FOR COUNTY USE ONLY
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De Contract Number
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County Department Dept. Orgn. Contractor's License No,
Flood Control District 097 097
County Department Contract Representative Telephone Total Contract Amount
San Bernardino County Jim Borcuk, P.E., Chief 387-7962 $0
Flood Control District Contract Type
FAS El Revenue 0 Encumbered 0 Unencumbered El Other:
If not encumbered or revenue contract type,provide reason:
STANDARD CONTRACT Commodity Code Contract Start Date J Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
RFL 093 093 , I FA30405 $0
Fund Dept, Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
II
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Santa Ana River FY Amount I/D FY Amount I/D
at the Alabama
&Orange Street Crossings
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the District, and
Name
City of Redlands hereinafter called CITY
Address
P.O. Box 3005
Redlands, CA 92373-0629
Telephone Federal ID No.or Social Security No.
(909) 798-7500
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)
WITNESSETH
WHEREAS, CITY desires to construct, operate and maintain bridge improvements to the Alabama
Street and Orange Street crossings of the Santa Ana River; and
WHEREAS, CITY and DISTRICT agree that the construction of said IMPROVMENTS will benefit the
general public; and
WHEREAS, DISTRICT therefore desires to cooperate with the CITY'S efforts to construct, operate
and maintain said IMPROVEMENTS; and
WHEREAS, portions of said IMPROVEMENTS will be constructed within lands owned by the
DISTRICT, said lands are hereinafter referred to as "AREAS OF COMMON USE" said AREAS OF
COMMON USE are shown on EXHIBITS "A" & "B" attached hereto and made a part here of; and
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NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS:
1. DISTRICT hereby consents to the operation, maintenance and reconstruction of the
IMPROVEMENTS at no expense to the DISTRICT within the AREAS OF COMMON USE and to
allow CITY and the public to occupy and use said AREAS OF COMMON USE; provided, however,
that no use, occupancy, construction, reconstruction, or maintenance, shall be effected by the CITY,
its successors or assigns, in any manner which, in the opinion of the Flood Control 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 for such use and/or occupancy
to DISTRICT'S Flood Control Engineer at least thirty (30) days prior to the date of such intended use
or occupancy and obtain his written approval thereof, which approval shall not be withheld, if in the
opinion of said Flood Control Engineer, the proposal does not interfere or conflict with the
DISTRICT'S interests.
2. DISTRICT agrees t o p rocess a 11 p ermits r equested b y t he C ITY which a re n eeded t o o perate,
maintain or reconstruct the IMPROVEMENTS and which are properly applied for as provided herein
subject to the provisions and conditions of this agreement.
3. DISTRICT agrees to operate, maintain and accept the liability for all FLOOD CONTROL
improvements and appurtenances thereto lying within the AREAS OF COMMON USE shown on
said EXHIBITS "A" & "B".
4. DISTRICT agrees to indemnify, defend and hold harmless the CITY and/or their officers, agents,
volunteers and employees from and against any and all claims, demands, loss or liability of any kind
or nature which the CITY and/or their officers, agents, volunteers or employees may sustain or incur
or which may to imposed upon them for property damage and injury to or death of any persons
caused by the DISTRICT'S use of AREAS OF COMMON USE except insofar as such property
damage, injury or death may be the result of the negligence of the CITY or the officers, agents,
volunteers or employees of the CITY.
5. DISTRICT acknowledges CITY'S right to the AREA OF COMMON USE and except in
emergencies, DISTRICT shall give reasonable notice to the CITY before performing any work on
DISTRICT'S FLOOD CONTROL improvements in said AREA OF COMMON USE, if said work will in
any way hinder or obstruct the public use of the ROADS.
6. CITY hereby consents to the operation, maintenance and reconstruction of the FLOOD
CONTROL improvements at no expense to the CITY within the AREAS OF COMMON USE and to
allow DISTRICT to occupy and use said AREAS OF COMMON USE; provided, however, that no use,
occupancy, construction, reconstruction, or maintenance, shall be effected by the DISTRICT, its
successors or assigns, in any manner which, in the opinion of the Chief Engineer of the CITY, may
interfere or c onflict w ith a ny s tructures, facilities, o peration, o r u ses w hich C ITY has o r i ntends t o
have upon said lands, without first submitting plans for such use and/or occupancy to CITY'S Chief
Engineer at least thirty (30) days prior to the date of such intended use or occupancy and obtain his
written approval thereof, which approval shall not be withheld, if in the opinion of said Chief Engineer,
the proposal does not interfere or conflict with the CITY'S interests.
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7. CITY agrees t o p rocess a 11 p ermits r equested b y t he D(STRICT w hich a re n eeded t o o perate,
maintain or reconstruct the FLOOD CONTROL improvements and which are properly applied for as
provided herein subject to the provisions and conditions of this agreement.
8. CITY agrees to operate, maintain and accept the liability for the ROAD IMPROVEMENTS and
their appurtenances, including but not limited to the roadway surface, bridge piers, abutments,
drainage facilities, sidewalks, guard rails and bridge railings, located within the AREAS OF
COMMON USE as shown on said EXHIBITS "A" & "B".
9. CITY agrees to submit to the DISTRICT at least thirty (30) days in advance, plans for any
proposed construction and/or maintenance of the ROAD IMPROVEMENTS within the AREAS OF
COMMON USE which may endanger, interfere or conflict with DISTRICT'S FLOOD CONTROL
IMPORVEMENTS or their functional operation and obtain written approval from the DISTRICT of
such plans.
10. CITY acknowledges DISTRICT'S right to the AREAS OF COMMON USE and the priority of
DISTRICT'S rights within the AREAS OF COMMON USE. Except in emergencies, CITY shall give
reasonable notice to the DISTRICT before performing any work on CITY'S ROAD IMPROVEMENTS
in said AREAS 0 F C OMMON U SE, if said work will in any way alter or obstruct the flow of or
potential flow of waters within said flood control works.
11. CITY agrees to:
INDEMNIFICATION - The CITY agrees to indemnify, defend and hold harmless the DISTRICT and/or
the County and their authorized officers, employees, agents and volunteers from any and all claims,
actions, losses, damages, and/or liability incurred by the DISTRICT and/or the County for any act or
omission of the CITY or any of its authorized officers, employees, agents or volunteers arising out of
the CITY'S work in, or its use or maintenance off, the AREAS OF COMMON USE.
INSURANCE - Without in anyway affecting the indemnity herein provided and in addition thereto, the
CITY shall secure and maintain throughout the term of this agreement the following types of
insurance with limits as shown:
Workers' Compensation - A program of Worker's Compensation insurance or a state-approved
Self-insurance Program in an amount and form to meet all applicable requirements of the Labor Code
of the State of California, including Employer's Liability with $250,000 limits, covering all persons
providing services on behalf of the CITY and all risks to such persons under this agreement.
Comprehensive general and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles.
The policy shall have combined single coverage limits for bodily injury and property damage of not
less than one million dollars ($1,000,000).
Additional Named Insured - All policies, except for the Worker's Compensation, Errors and Omissions
and Professional Liability policies, shall contain additional endorsements naming the DISTRICT
and/or the County and their officers, employees, agents and volunteers as additional named insureds
with respect to liabilities arising out of the performance of services hereunder.
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Waiver of Subrogation Rights - CITY shall require the carriers of the above required coverages to
waive all rights of subrogation against the DISTRICT and/or the County and their officers, employees,
agents, volunteers, contractors and subcontractors.
Policy Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance of self-insurance programs carried or administered by the DISTRICT
and/or the County.
Proof of Coverage - CITY shall immediately furnish certificates of insurance to the DISTRICT
evidencing the insurance coverages, including endorsements, above required prior to the
commencement of the performance of services hereunder, which certificates shall provide that such
insurance shall not be terminated of expire without thirty (30) days written notice to the DISTRICT,
and CITY shall maintain such insurance from the time CITY commences performance of the services
hereunder until completion of such services. Within sixty (60) days of the commencement of this
agreement, the CITY shall furnish certified copies of the policies and all endorsements.
Insurance Review - The above insurance requirements are subject to periodic review by the
DISTRICT and/or the County. The County's Risk Manager is authorized, but not required, to reduce
or waive any of the above insurance requirements whenever the Risk Manager determines that any
of the above insurances are not available, are unreasonably priced, or are not needed to protect the
interests of the DISTRICT and/or the County. In addition, if the Risk Manager determines that
heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements, to require additional types of insurance coverage or higher
coverage limits, provided that any such change is reasonable in light of past claims against the
DISTRICT and/or the County, inflation, or any other item reasonably related to the DISTRICT'S
and/or the County's risk.
Any such reduction or waiver for the entire term of this agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by amendment to this
agreement. CITY agrees to execute any such amendment within thirty (30) days of receipt.
The DISTRICT and/or the County recognize that the CITY may be self- insured and agrees to accept
letters of self-insurance.
CITY agrees to indemnify, defend and hold harmless the DISTRICT and/or 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 their officers, agents, volunteers or employees may sustain or
incur or which may to imposed upon them for property damage and injury to or death of any persons
caused by the CITY'S use of AREA OF COMMON USE except insofar as such property damage,
injury or death may be the result of the negligence of the DISTRICT or the officers, agents, volunteers
or employees of the DISTRICT.
THIS AGREEMENT shall inure to the benefit of and be binding on the successors and assigns of
both parties.
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SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
No.
Dennis Hansberger, Chairman, Board of Supervisors CITY OF REDLAND'S
(Print or type nyme of corporatiompany, contractor,etc.)
Dated:
By
SIGNED AND CERTIFIED THAT A COPY OF THIS Authorized signature--sig i in Ilue ink)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Name Susan Peppler
Clerk of the Board of Supervisors (Print or type name of person signing contract)
of the County of San Bernardino. Title Mayor
ByPrint or Tee)
Deputy Dated: November 1 2004
ATTEST:
Lori Poyze ty Clerk
Address : 35 Cajon Street
P. 0. Box 3005
Redlands, CA 92373-1505
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
100- 11► POP
County Counsel Department Head
Date Date Date
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