2022/08/30 Riverside County Flood Control and Water Conservation District Cooperative M<aintenance Agreement Bradley Road Bridge over Salt Creek Project No. 4-6-10000 Encroachment Permit No. 3552COOPERA TIVE MATNTENANCE AGREF]MENT
Bradley Road Bridge Over Salt Creek
Project No. 4-6- 10000
Encroachment Permit No. 3 552
This Cooperative Maintenance Agreement ("Agreement"). dated as of
%,2022. is entered into by and between the RIVERSIDE COUNI'Y F-LOOD
CONTROL AND WATER CONSERVATION DISTRICT, a body politic (,'DISTRICT,'), and
the CITY OF MENIFEE, a municipal corporation ('CITY"). Sometimes hereinafter, DISTRICT
and clrY may be referred to individually as a "Party" or collectively as the "parties". The parties
hereby agree as follows:
Rt]CII'LS
A. DISTRICT operates and maintains Salt Creek Channel, a wide, shallow, east
to west flood control channel that directly discharges into canyon Lake in the city of Menifee, as
shown in concept in green on Exhibit "A", attached hereto and made a part hereof, identified as
District Parcel Nos.4ll0-l0l and 4ll0-102 (Riverside county Assessor's parcel Nos. 336-170-
00 I , 336- I 70-002, 338-090-007 and 338-090-022) ('SALT CREEK CHANNEL"); and
B. SALT CREEK CHANNEL is an essential and integral part of DISTRICT,s
regional stormwater management system that provides critical flood protection to the city of
Menifee, as shown on District Drawing No. 4-0309, and
C. SALT CREEK CHANNEL was originally engineered to convey 100-year
storm flows to provide flood protection to the adjacent areas. currently, Bradley Road is an at-
grade crossing in a north to south direction across SALT CREEK CHANNEL, which is subject
to flooding during rain events, presenting hazards to motorist and resulting in closure of the
roadway; and
D. CITY wishes to enter upon SALT CREEK CHANNEL as part of
Encroachment Permit No. 3552 ("EP 3552" ) to replace Bradley Road between potomac Drive to
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the north and Rio Vista Drive to the south with an elevated bridge structure over Salt Creek
Channel ("BRADLEY BRIDGE').
E. CITY has budgeted for and plans to design, prepare plans and specifications,
construct and subsequently operate and maintain BRADLEY BRIDGE. Upon construction
completion, BRADLEY BRIDGE will alleviate the frequent flooding and closure of Bradley
Road at the existing low flow crossing by raising the road approximately rwelve (12) feet above
SALT CREEK CHANNEL boftom, and will improve the flow of SALT CREEK CHANNEL at
this location; and
F. BRADLEY BRIDGE will consist of the construction of a bridge spanning
approximately three hundred thirty-five (335) feet over SALT CREEK CHANNEL and a width
ofapproximately sixty-four (64) feet to replace the existing at-grade crossing, as shown in concept
in blue on Exhibit "B", attached hereto and made a part hereof; and
G. [n addition to the construction of BRADLEY BRIDGE. CITY wilt be
responsible for the maintenance of BRADLEY BRIDGE features as follows: (i) structural
integrity of BRADLEY BRIDGE, (ii) associated appurtenances, including, but not limited to,
piers, abutments, scour and slope protection, guardrails, fencing, street surfacing, street inlets,
catch basins and connector pipes, (iii) general beautification maintenance over and under
BRADLEY BRIDGE, including, but not limited to, weed abatement, trash removal, graffiti
removal and any issues arising from homeless encampments and (iv) all ofthe improvements as
shown on CITY's Storm Drain Plans for CIP 13-04 ("CIP 13-04') with the exception of
DISTRICT APPURTENANCES as described in Recital I and as marked on CIP t3-04, including,
but not limited to, the piers. abutments, scour, slope protection, fencing. street surface, street
subsurface, street inlets, catch basins and connector pipes within CITY right ofway ("BRIDGE
IMPROVEMENTS") as approved under EP 3552; and
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H. Together, BRADLEY BRIDCE and BRIDCE IMPROVEMENTS are
hereinafter called "CITY FACILITIES"; and
l. Certain storm drain improvements, channel access ramps, certain outlets,
connector pipes, headwall, toe down and outlet riprap within SALT CREEK CHANNEL shall be
constructed by CITY as part of EP 3552, which shall be maintained by DISTRICT ("DISTRICT
APPURTENANCES"); and
J. ln addition to DISTRICT APPURTENANCES, DISTRICT will be
responsible for the removal of storm related sediment and debris under BRADLEY BRDICE
("DISTRICT SEDIMENT REMOVAL"); and
K. Together, DISTRICT APPURTENANCE and DISTRICT SEDIMENT
REMOVAL are hereinafter called "DISTRICT FACILITIES"I and
J. Together, CITY FACILITIES and DISTRICT FACILITIES are hereinafter
called "PROJECT"; and
K. CITY desires that DISTRICT contribute funding for the construction of
PROJECT; and
L. DISTRICT wishes to support CITY'S efforts to construct PROJECT by
providing a financial contribution toward PROJECT's construction (DISTRICT
CONTRIBUTION): and
M. DISTRICT CONTRIBUTION for PROJECT shall not exceed Two Million
Dollars ($2,000,000)l and
N. It is in the best interest of the public to proceed with the construction of
PROJECT at the earliest possible date; and
O. The purpose of this Agreement is to memorialize the mutual
understandings by and between DISTRICT and CITY with respect to funding, design, acquisition,
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construction, inspection, ownership, operation and maintenance, and monitoring and mitigation
of PROJECT.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual
covenants hereinafter contained, the Parties hereto mutually agree as follows:
SECTION I
CITY shall:
I . Pursuant to the Califomia Environmental euality Act (,,CEeA,'), act as Lead
Agency and assume responsibility for preparation, circulation and adoption ofall necessary and
appropriate cEQA documents pertaining to the construction, operation and maintenance of
PROJECT.
2. Prepare or cause to be prepared all the necessary plans and specifications for
PROJECT, hereinafter called "IMPROvEMENT PLANS", in accordance with the applicable
DISTRICT standards.
3. Obtain an encroachment permit from DISTRICT to provide DISTRICT an
opportunity to review IMPROVEMENT PLANS prior to adverrising pROJECT.
4. Upon execution of this Agreement, advertise, award and administer
PROJECT pursuant to the applicable provisions of the Califomia Public Contract Code. At the
time of advertising for bids, provide DISTRICT with a copy of pRoJECT plans, specifications,
bid documents and any subsequent addenda thereto.
5. Provide DISTRICT with written notice (Attention: Special Projects Section)
that CITY has awarded a public works construction contract for PROJECT, The written notice
shall include the contractor's actual bid amounts for PRoJECT, setting forth the lowest
responsible bid contract amount.
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6. Issue an invoice to DISTRICT (Attention: Special Projects Section) for one
hundred percent ( 1007o) of DISTRICT CONTRIBUTIoN at the time of providing written notice
ofthe award of a construction contract, as set forth in Section I.5, subject to and provided that
DISTRICT CONTRIBUTION does not exceed a total sum of Two Million Dollars ($2,000,000).
7. Within thirty (30) days of awarding PROJECT construction contract, pay the
Western Riverside County Multiple Species Habitat Conservation Plan fees to Western Riverside
County Regional Conservation Authority.
8. Prior to commencing construction, obtain, at its sole cost and expense, all
necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment
permits and temporary construction easements as may be needed to construct, operate and
maintain PROJECT. Such documents may include, but are not limited to, a Section 404 permit
issued by the U.S. Army corps of Engineers, a Section 401 water euality certification issued by
the california Regional water Quality control Board ('cRwecB), a Streambed Alteration
Agreement issued by the Califomia Department of Fish and Wildlife, and a National pollutant
Discharge Elimination System Permit issued by the state water Resources control Board or
cRwQCB and wesrern Riverside county Regional conservation Authority ("REGULAToRY
PERMITS').
9. Order the relocation of all other utilities installed by permit or franchise
within clrY rights of way that conflict with the construction of pROJECT and that must be
relocated at the utility company's expense.
10. Construct or cause to be constructed PROJECT pursuant to a CITy
administered public works construction contract in accordance with IMpRovEMENT pLANS.
ll. Inspect PROJECT construction or cause pROJECTTs construction to be
inspected by its construction manager.
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12. Crant DISTRICT, by execution of this Agreement, the right to enter upon
property owned or controlled by CITY where necessary and convenient for the purpose olgaining
access to and performing inspection service for any CITY's proposed storm drain connections to
DISTRICT maintained facilities.
13. Procure or caused to be procured insurance coverages during the term ofthis
Agreement. CITY shall require its PROJECT construction contractor(s) to fumish original
certificate(s) of insurance and original certified copies ofendorsements and, ifrequested, certified
original policies ofinsurance including all endorsements and any and all other attachments. Prior
to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of
PROJECT, an original certificate of insurance evidencing the required insurance coverage shall
be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to
DISTRICTTs required insurance provided in Exhibit "C", attached hereto and made a part hereof.
14. Require its construction contractor(s) to comply with all Cal/OSHA safety
regulations, including regulations conceming confined space and maintain a safe working
environment for all CITY and DISTRICT employees on the site.
I 5. Upon completion of PROJECT construction and CITY's acceptance thereof,
accept ownership and sole responsibility for the design, operation and maintenance of CITY
FACILITIES.
16. Upon completion of PROJECT construction, provide DISTRICT with a copy
of CITY's Notice of Completion.
17. Upon DISTRICTS's acceptance of DISTRICT FACILITIES for ownership.
operation and maintenance, provide DISTRICT with a reproducible duplicate set of "record
drawings" of PROJECT plans.
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SH,CT'ION II
DISTRICT shall:
l. Review IMPROVEMENT PLANS in accordance with rhe applicable
DISTRICT and CITY standards and approve prior to advertising PROJECT for construction bids.
2. lssue an encroachment permit ("Encroachment permit,') for the construction
of PRoJECT facilities in accordance with the approved IMPROVEMENT pLANS and subject to
the provisions set forth in DISTRICT's Encroachment Permit.
3. Pay CITY within forty-five (45) days after receipt of CITy's invoice for
DISTRICT CONTRIBUTION as set forth is Section l. 6, subject to and provided that DISTRICT
CONTRIBUTION does not exceed a total sum of Two Million Dollars ($2,000,000).
4. Crant rights to CITY to construct, operate and maintain CITy FACILITIES
within SALT CREEK CHANNEL.
5. Accept ownership and sole responsibility for the operation and maintenance
of DISTRICT FACILITIES upon (i) receipt of clry's Notice of Completion as set forth in
Section 1.17, (ii) receipt of a reproducible duplicate set of"record drawings" olpRoJECT plans
as set forth in Section Ll8 and ( iii) DISTRICT's review and approval of DISTRICT FACILITIES;
such approval can be given in DISTRICT's sole and absolute discretion.
SECTION III
It is further mutually agreed:
L DISTRICT hereby authorizes ClTy, in accordance with the terms,
covenants, conditions and provisions of this Agreement, the revocable, non-exclusive use of
SALT CREEK CHANNEL, as depicted on Exhibit "A", lor the purpose of constructing and
maintaining clrY FACILITIES. It is expressly agreed that SALT CREEK cHANNEL shall be
used by CITY solely and exclusively for the purpose of accommodating CITY FACILITIES.
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2. The permission, rights and privileges granted hereunder are revocable,
nonexclusive and nontransferable. The rights granted hereunder in this Agreement are subject to
the prior use and property rights of DISTRICT, and all other licenses, covenants, conditions,
restrictions, reservations, rights and easements, whether of record or not. CITY shall not
unreasonably or materially interfere with the use, operation and activities of DISTRICT on SALT
CREEKCHANNEL. CITY shall not, either voluntarily orby action of law, assign or transfer this
Agreement or any obligation, right, title or interest assumed by CITY herein without the prior
written consent of DISTRICT. Section III.5. notwithstanding, if CITY makes an assignment or
transfer of this Agreement, any obligation, right, title or interest herein without prior written
consent of DISTRICT, DISTRICT may terminate and revoke the Agreement provided CITY has
received ninety (90) days advance notice of termination.
3. CITY accepts SALT CREEK CHANNEL in its "as is" condition, with all
faults. CITY acknowledges and agrees that CITY is entering SALT CREEK CHANNEL under
this Agreement based on CITY's own investigations and knowledge of SALT CREEK
CHANNEL and that, except as otherwise specifically stated in this Agreement, neither DISTRICT
nor any agent of DISTRICT has made any representation or warranty whatsoever, express or
implied, with regard to the physical condition of SALT CREEK CHANNEL or the suitability of
SALT CREEK CHANNEL for any particular purpose or use, including, without limitation, any
representations or warranties regarding the applicability or non-applicability ofany laws, the soil
or subsoil, surface or subsurface conditions, topography, possible hazardous materials
contamination, fill, drainage, access to public roads, availability of utilities, existence of
underground storage tanks, applicability ofor compliance with any environmental law or any other
mafter ofany nature whatsoever. DISTRICT is not responsible for damage to or loss by theft of
CITY's property located in, on or under SALT CRE,EK CHANNEL.
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4. CITY shall use SALT CREEK CHANNEL solely to construct, operate and
maintain CITY FACILITIES and shall not use it for any other purpose unless approved in writing
by DISTRICT. No change shall be made by CITY in the use of SALT CREEK CHANNEL
without DISTRICT's prior written approval.
and l'ermination of Asreem CN
(a) Term. This Agreement shallcommence on the date this Agreement is
fully approved and executed by Parties and continue for so long as SALT CREEK
CHANNEL is used for CITY FACLITIES unless terminated pursuant to the rerms and
conditions in Section lll.5(b) herein.
(b)1'ation l'or Cause DISTRICT'reserves the right to immcdiately
terminate this Agreement and any encroachment permit issued thereto if, for any reason
whatsoever, DISTRICT's General Manager-Chief Engineer determines that CITy's use
of SALT CREEK CHANNEL is not compatible with the primary flood control purpose
or function of DISTRICT's facilities. DISTRICT shall provide notification of such
termination in writing and shall specify the effective date thereof.
DISTRICT shall have the right to terminate this Agreement and any
encroachment permit issued thereto, and shall have no obligation to reimburse ClTy for
any of its improvements to SALT CREEK CHANNEL. under the following
circumstances: ( l) in the event of a default by CITY of any term or provision of this
Agreement, which acts of CITY shall include, but not be limited to, the failure by ClTy
to perform any obligation under this Agreement, provided CITy has received written
notice of default and CITY has failed to cure the delault within ninety (90) days of its
receipt ofsaid notice. unless otherwise agreed upon by the Parties and (2) in the event that
CITY has failed to cure the default as prescribed herein, then DISTRICT shall have the
5. Term
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right to immediately terminate this Agreement for cause by providing notification of such
termination in writing and specifying the effective date thereof .
(c) Termination for Abandonment. ln the event that CITY shall abandon
the use of SALT CREEK CHANNEL or any portion thereof for the permitted purposes
described herein, the Agreement shallexpire and terminate upon the expiration of six (6)
months following CITY's abandonment of the said property, in which case, DISTRICT
shall provide written notice to CITY of termination for abandonment with the effective
date of said termination.
6. CITY shall, at its own cost and subject to the written approval of DISTRICT,s
General Manager-Chief Engineer or his or her designee, repair and maintain the parts of ClTy
FACILITIES and SALT CREEK CHANNEL so that they will not at any time be a source of
danger to or interference with any activities on SALT CREEK CHANNEL. Any repair and
maintenance work shall be done to DISTRICT's standards.
7. Notwithstanding any other provision herein this Agreement DISTRICT
coNTRIBUTION shall not exceed a total sum of rwo Million Dollars ($2,000,000) and shall be
used by CITY solely for the purpose ofconstructing PROJECT as set forth herein. Noadditional
funding whatsoever shall be provided by DISTRICT for any subsequent PRoJECT modifications.
extensions or repairs.
8. Under the provisions of this Agreement, DISTRICT shall bear no
responsibility whatsoever for the design, construction, ownership, operation or maintenance of
CITY FACILITIES.
9. CITY shall indemnify, defend, save and hold harmless DISTRICT and the
County of Riverside (including their agencies, districts, special districts and departments, their
respective directors, officers, Board of Supervisors, elected and appointed officials. employees,
)lJo1)
agents, representatives. independent contractors and subcontractors) from any liabilities, claim,
damage, proceeding or action, present or future, based upon, arising out ofor in any way relating
to CITY'S (including its officers, elected and appointed officials, employees, agents,
representatives, independent contractors and subcontractors) actual or alleged acts or omissions
related to this Agreement, performance under this Agreement or failure to comply with the
requirements of this Agreement, including, but not limited to (a) property damage, (b) bodily
injury or death, (c) payment of attomey fees or (d) any other element of any kind or nature
whatsoever. This section shall survive any termination of this agreement until the statute of
limitations period has run for any claims that could be asserted under this agreement.
10. Ifany provision in this Agreement is held by a court ofcompetentj urisdiction
to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full
force without being impaired or invalidated in any way.
I I . This Agteement is to be construed in accordance with the laws of the State
ol Califomia. Neither CITY nor DISTRICT shall assign this Agreement without the written
consent ofthe other party.
12. This Agreement is made and entered into for the sole protection and benefit
of the Parties hereto. No other person or entity shall have any right of action based upon the
provisions of this Agreement.
13. Any and all notices sent or required to be sent to the Parties ofthis Agreement
will be mailed by first class mail. postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICl'
1995 Market Street
Riverside. CA 92501
Attn: Planning Section
CITY OF MENIFEE
29844 Haun Road
Menifee. CA 92586
Attn: Nicolas Fidler, Public Works Director
Public Works
Engineering Department
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14. lfany provision in this Agreement is held by a court ofcompetentjurisdictron
to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full
force without being impaired or invalidated in any way.
15. This Agreement is the result of negotiations between the Parties hereto and
the advice and assistance oftheir respective counsel. The fact that this Agreement was prepared
as a matter ofconvenience by DISTRICT shall have no import or significance. Any uncertainty
or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT
prepared this Agreement in its final form.
16. This Agreement is made and entered into for the sole protection and benefit
of the Parties hereto. No other person or entity shall have any right or action based upon the
provisions of this Agreement.
17. Any action at law or in equity brought by any of the Parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of
competentjurisdiction in the County ofRiverside, State of Califomia, and the Parties hereto waive
all provisions of law providing for a change ofvenue in such proceedings to any other county.
18. DISTRICT and CITY each pledge to cooperate in regard to the operation and
maintenance ol their respective facility as set forth herein and to discharge their respective
maintenance responsibilities in an expeditious lashion so as to avoid the creation of any nuisance
condition or undue maintenance impact upon the others' facility.
19. Time is of the essence in prosecuting the work contemplated under this
Agreement. At any time during the term ol this Agreement, DISTRICT may terminate this
Agreement for cause, including, but not limited to, CITY's failure to prosecute the work in a
timely manner, upon providing CITY thirty (30) days written notice stating the extent and
effective date ol term ination.
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20. The obligation(s) of DISTRICT are limited by and contingent upon the
availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set
forth herein. In the event that such funds are not forthcoming for any reason, DISTRICT shall
immediately notify CITY in writing.
21. This Agreement is intended by the Parties hereto as a final expression oftheir
understanding with respect to the subject matter hereofand as a complete and exclusive statement
of the terms and conditions thereof and supersedes any and all prior and contemporaneous
agreements and understandings, oral and written, in connection therewith. This Agreement may
be changed or modified only upon the written consent ofthe Parties hereto.
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lN WI'fNESS WI-IEREOF. the Parties hereto have executed this Agreement onI
to d in bv Cler of the Board)
RECOMMENDED I'OR APPROVAL:
By
E. UHLE
G I Mana r-Chief Engineer
APPROVED AS'l O I:ORM:
COUNTY COUNSL,L
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By a,hz*r.--..t
KAREN SPIEGEL. Chair
ATTEST:
KECIA HARPER
Clerk of the Board
By
uty
(SEAL)
J
nV.i,-kl .",\,IZBy
S HIA M. GUNZEL
Chief Deputy County Counsel
Funding Agreement with City of Menif'ee
Bradley Road Bridge Over Salt Creek
Project No. 4-6- l 0000
05t27122
RSM:blm
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Riverside County Flood Control and Water
Conservation District Board of Supervisors
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RI]COMMENDED FOR APPROVAI,: CITY OF MENIFE,E
By llv
NICOLAS FIDLER
Public Works Director
ARMANT)O ILLA
APPROVED AS'IO F'ORM:ATTEST:
By
Y l. Mlrl.('ANIE ROSEEN
ity Attomey Acting City Clerk
(SEAL)
Funding Agreement with City of Meniiee
Bradley Road Bridge Over Salt Creek
Project No. 4-6- I 0000
05/27/22
RSM:blm
City Manager
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EXHIBIT B
Bradley Road Bridge
Over Salt Creek
Project Number 4-6-09087
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Exhibit C
DISTRICT's lnsurance Requirements is as lollows:
Without limiting or diminishing CITY's obligation to indemnify or hold DISTRICT
harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense,
the following insurance coverage's during the term ofthis Agreement. As respects to the insurance
section only, the DISTRICT herein refers to the Riverside County Flood Control and Water
Conservation District, the County of Riverside, its Agencies, Districts, Special Districts. and
Departments, their respective directors, officers, Board ol Supervisors, employees, elected or
appointed officials, agents or representatives as Additional Insureds.
A. Workers'Compensation:
If CITY has employees as defined by the State of Califomia, CITY shall
maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the
laws of the State of Califomia. Policy shall include Employers' Liability (Coverage B) including
Occupational Disease with limits not less than $ | ,000,000 per person per accident. Policy shall
be endorsed to waive subrogation in favor of DISTRICT.
B. Cemmercial General Liability:
Commercial Ceneral Liability insurance coverage, including but not limited to,
premises liability, unmodified contractual liability, products and completed
operations liability, personal and advertising injury, and cross liability coverage,
covering claims which may arise from or out of CITY's performance of its
obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit
of liability shall notbe less than 52,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shallapply separately to this Agreement or be
no less than two (2) times the occurrence limit.
C. Vehicle Liabilitv:
lf CITY's vehicles or mobile equipment are used in the performance of the
obligations under this Agreement. then CITY shall maintain liability insurance for all
owned, non-owned or hired vehicles so used in an amount not less than $1.000,000 per
occurrence combined single limit. Ifsuch insurance contains a general aggregate limit, it
shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
Policy shall name the DISTRICT as Additional lnsureds.
Cooperative Aqreement
Bradley Road Bridge Over Sall Creck
Ptoject No. 4-6- 10000
llncroachmcnt Pcrmit No. 3552
Page I of4
D. ProfessionalLiabilitv:
CITY shall cause any architect or engineer retained by CITY in connection with
the performance ol CITY's obligations under this Agreement to maintain Professional Liability
Insurance providing coverage for the performance of their work included within this
Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2.000.000
annual aggregate. CITY shall require that, ifsuch Professional Liability Insurance is written on
a claims made basis rather than an occurrence basis, such insurance shall continue through the
term of this Agreement and that such architect or engineer shall purchase at such architect or
engineer's sole expense either l) an Extended Reporting Endorsement (also known as Tail
Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date
ol, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of
Insurance that such architect or engineer has maintained continuous coverage with the same or
original insurer. Coverage provided under items: l).2) or 3) shall continue for the term
specified in the insurance policy as long as the law allows.
E. Ceneral Insurance Provisions - All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A.M. BEST rating of not less
than an A: VIll (A: 8) unless such requirements are waived. in writing, by
the DISTRICT Risk Manager. If the DISTRICT's Risk Manager waives a
requirement for a particular insurer such waiver is only valid for that
specific insurer and only for one policy term.
b. The CITY must declare its insurance self-insured retention for each
coverage required herein. lf any such self-insured retention exceeds
$500,000 per occurence each such retention shall have the prior written
consent of the DISTRICT Risk Manager befbre the commencement of
operations under this Agreement. Upon notification of self-insured
retention deemed unacceptable to the DISTRICT, and at the election of the
DISTRICT's Risk Manager. CITY's carriers shall either: l) reduce or
eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2)
procure a bond which guarantees payment of losses and
( ooperative Arrcemenl
Bradlcy Road Bridge Over Salt Creek
Project No. 4-6- 10000
Encroachmcnt Permit No. 35 52
Page 2 of4
Exhibit C
related investigations, claims administration, and defense costs and
expenses.
c. CITY shall cause their insurance carrier(s) or its contractor's insurance
carrier(s), to fumish DISTRICT with l) a properly executed original certificate(s) of
insurance and certified original copies of endorsements effecting coverage as required herein;
and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original
certified copies of policies including all endorsements and all attachments
thereto, showing such insurance is in lull force and effect. Further, said
certificate(s) and policies ol insurance shall contain the covenant of the
insurance carrier(s) that a minimum of thirty (30) days written notice shall
be given to the DISTRICT prior to any material modification, cancellation,
expiration or reduction in coverage of such insurance. If CITY
insurance carrier(s) policies does not meet the minimum notice requirement
fbund herein, CITY shall cause CITY's insurance carrier(s) to furnish a 30
day Notice of Cancellation Endorsement.
d. In the event ofa material modification, cancellation, expiration or reduction
in coverage, this Agreement shall terminate forthwith, unless DISTRICT
receives, prior to such effective date, another properly executed original
certificate of insurance and original copies of endorsements or certified
original policies, including all endorsements and attachments thereto,
evidencing coverages set lorth herein and the insurance required herein is in
full force and effect. An individual authorized by the insurance carrier to do
so on its behalf shall sign the original endorsements for each policy and the
certifi cate of insurance.
e. lt is understood and agreed by the parties hereto that CITY's insurance shall
be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or
self-insured retentions or self-insured programs shall not be construed as contributory.
f. Il during the term of this Agreement or any extension thereof, there is a
material change in the scope of services or there is a material change in the
equipment to be used in the performance of the scope of work which will
add additional exposures (such as the use of aircraft, watercraft, cranes.
Exhibit C
Cooperative Agreement
Bradley Road Bridgc Over Salt Creek
Projccl No. 4-6- 10000
Encroachmcnt I'crmit No. 3552
Page 3 of4
etc.); or the term of this Agreement, including any extensions thereof,
exceeds five (5) years, DISTRICT reserves the right to adjust the types of
insurance required under this Agreement and the monetary limits of liability
for the insurance coverages currently required herein, il in the DISTRICT
Risk Manager's reasonable judgment, the amount or type of insurance
carried by CITY has become inadequate.
g. CITY shall pass down the insurance obligations contained herein to all tiers
ol subcontractors working under this Agreement.
h. The insurance requirements contained in this Agreement may be met with a
program(s) of self-insurance acceptable to DISTRICT.
i. CITY agrees to notify DISTRICT ofany claim by a third party or any
incident or event that may give rise to a claim arising from the performance of this
Agreement.
( oopcrative Acreement
I].adlcy Road Bridge Over Salt Creek
Project No. 4-6-10000
l]ncroachment Permit No. 3552
Page 4 of4
Exhibit C