HomeMy WebLinkAboutContracts & Agreements_100-2000INDEMNIFICATION (HOLD HARMLESS) AGREEMENT
THIS AGREEMENT is made this 5th day of September, 2000, by and between the City of
Redlands, a municipal corporation (hereinafter "Owner") and the Operating Engineers Training
Trust, (hereinafter "Trust").
RECITALS
1. Owner represents that Owner has title, possession and control of certain real property
described as follows:
The 120-acre Redlands Sport Complex located generally north of San Bernardino Avenue,
west of Wabash Avenue, south of Sessums Drive and east of Dearborn Street extended, further
identified as APN's 168-031-21,22; 168-041-45,46; 168-071-02; 168-091-02,05,09; (hereinafter
"Property"), and that Owner has the right, authority and interest to design, commence and complete
certain work (hereinafter "Earthwork") on the Property according to specifications set forth in the
grading plan(s) prepared by registered civil engineers and approved by the City of Redlands
(hereinafter "Plan") as may be conveyed from time to time to the Trust.
2. The Trust is willing to conduct an apprentice training exercise in which apprentices
available for training by the Trust will do the Earthwork generally in accordance with the
aforementioned Plan.
3. Owner has provided a copy of the Plan to the Trust, and will provide for all surveying of
the site and the setting of grade stakes to be performed by others. Owner will also provide for
inspection of the Earthwork to be performed under the City's supervision. Owner will have soil
compaction tests performed by a certified testing laboratory.
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NOW, THEREFORE, the Trust and Owner agree as follows:
A. Owner shall release, indemnify, hold free and harmless, assume liability for, and defend
the Trust, its agents, employees, officers, apprentices, trainees, and Trustees from any and all claims,
damages, liabilities, costs and expenses, including but not limited to attorney's fees, reasonable
investigative and discovery costs, court costs and all other sums which the Trust may become
obligated to pay, arising out of or in any way connected with the Earthwork performed by the Trust
under this Agreement; provided, however, that the foregoing shall not apply to any claim, damage
or liability determined by a final adjudication to have resulted from the negligence or willful
misconduct of the Trust, its agents, employees, officers, apprentices and trainees during performance
of the Earthwork under this Agreement.
B. Owner agrees to name the Trust as an additional insured on any and all insurance policies
procured by Owner applicable to the Earthwork performed by the Trust under this Agreement;
provided, however, that nothing in this Agreement obligates Owner to obtain such insurance
policies. Trust acknowledges that Owner is "self -insured" in accordance with the requirements of
the California Government Code.
C. The Trust shall provide Workers' Compensation insurance coverage in compliance with
applicable statutes to cover Trust's employees performing the Earthwork under this Agreement.
This Agreement contains the entire agreement between Owner and Trust, and any oral
representations or modifications concerning this Agreement shall have no force or effect. This
Agreement may be modified only by a written instrument signed by Owner and the Trust.
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Dated: September 5, 2000
Attest:
Dated: September 5, 2000
City of Redlands
Mayor
Operating Engineers Training Trust
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Request for Proposal - Redlands Sports Complex - Councilmember Haws
moved to direct staff to request proposals from interested firms to enter into a
contract for exclusive negotiation rights with the City of Redlands for the
development and operation of the Sports Complex and to form an ad hoc
committee to review the proposals. Motion seconded by Councilmember
Gilbreath and carried unanimously. Members of the Recreation Contractor
Selection ad hoc committee will be: Councilmember Peppler, Councilmember
Haws, Parks Commissioner Brian King, Recreation Commissioner Keith
Shoemaker, Public Works Director Mutter, Community Development Director
Shaw, Chief of Water Resources Douglas Headrick, Finance Director Johnson,
and Community Services Division Manager Marjie Pettus. Bruce Laycook
expressed concern that there were no representatives on this committee from a
public organization such as AYSO. He was assured such organizations would
be involved in the actual development of the Sports Complex.
ndemnification Agreement - Operating Engineers Training Trust - Public
Works Director Mutter reported the Operating Engineers Training Trust has
offered to assist the City with certain construction -related grading work at the
Sports Complex. This work is offered at no cost to the City in exchange for
providing the Trust with the opportunity to train new operators in heavy
construction work. Councilmember George moved to approve an
indemnification agreement with the Operating Engineers Training Trust for
grading operations at the Sports Complex. Motion seconded by Councilmember
Haws and carried unanimously.
Funds - Traffic Study Contract - Redlands Sports Complex - Public Works
Director Mutter reported as staff has been preparing various required actions for
the proposed Sports Complex, it is apparent that a detailed traffic study will be
necessary as a part of the environmental (CEQA) process. Councilmember
Haws moved to authorize a contract through the normal Purchase Order process
with WPA Traffic Engineering to provide a traffic study for the proposed Sports
Complex, and to authorize an appropriation in the amount of $19,500.00 from
the General Fund with the understanding part of the grant funding authorized by
the State will be used to reimburse the General Fund. Motion seconded by
Councilmember Freedman and carried unanimously.
Airport Land Use Compatibility Plan - Redlands Sports Complex - Public
Works Director Mutter reported the Redlands Municipal Airport is affected by
the proposed Sports Park project. Currently the helicopter flight pattern is
located on the south side of the airport runway resulting in aircraft overflights
over the Sports Park, but by relocating the helicopter flight pattern and
helicopter pad to the north side of the runway, the Compatibility Zone for the
area will change which allows "park" as one of the allowable uses. He then
reviewed the process and the timing and financing to make this change.
Resolution No. 5794 - Grant Application - Redlands Sports Complex -
Councilmember Gilbreath moved to adopt Resolution No. 5794, a resolution of
September 5, 2000
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