HomeMy WebLinkAboutAgreement A-19-184 with City of Kerman.pdf1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement No. _____ _
AGREEMENT
(Double L Mobile Ranch Park Water Service Project)
This Agreement (Double L Mobile Ranch Park Water Service Project) (" Agreement') is effective
___ _, ___ 2019 ("Effective Date") by and between the CITY OF KERMAN, a municipal
corporation in the State of California ("City"), and the COUNTY OF FRESNO, a political subdivision of
the State of California ("County"). City and County each are a "Party" to this Agreement; and City and
County collectively are the "Parties" to this Agreement.
RECITALS
The City proposes to install a water main along Goldenrod Avenue from the Union Pacific
Railroad (UPRR) south to California Avenue and California Avenue from Goldenrod Avenue east to
Floyd Avenue and Floyd Avenue south to Church Avenue and Church Avenue east to the entrance of
the Double L Mobile Ranch Park known as the Double L Mobile Ranch Park Water Service Project
("Project"), as illustrated (but not to scale) on the site map, which is attached hereto and incorporated
into this Agreement as Exhibit 1;
The City will repair and/or maintain the Project, and repair and/or restore the affected roadways
located within the unincorporated area of Fresno County, as provided in thi s Agreement; and
To assure the County that the City undertakes these maintenance, repair and/or restoration
obligations, and assumes all financial responsibility for the Project, the Parties enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein
described, the parties hereto agree as follows:
1. The City shall undertake, and shall assume all financial responsibility for, all repairs and/or
all restorations to all roads located in the unincorporated area required due to, or as a result of, the
installation or operation of the Project includi ng , but not limited to, any and all repairs and/or
restorations to roadways and pavement for such roads , and related right-of-ways, drainage facilities,
signing, traffic signals, stenciling, striping, pavement markings, and pedestrian facilities and
improvements (collectively, the "County Roads"), all of which repai rs and/or restorations (collectively,
"Road Repairs") shall restore the County Roads to their original condition as of the Date of Notice of
-1 -
April 23
19-184
19-0276
1 Completion (defined below) for the Project, and shall be promptly performed and completed to the
2 satisfaction of the County's Director of Public Works and Planning or his or her designee ("County's
3 Director").
4 The City shall undertake, and shall assume all financial responsibility for, all maintenance, repair,
5 and restoration of the Project, including every part thereof, so that the Project is at all times kept in good
6 and safe condition , working order, and repair, subject to its state of partial completion if the Project is not
7 yet completed , and its state of ordinary wear and tear if the Project is completed. All such maintenance,
8 repair, and restoration work shall be promptly performed and completed to the satisfaction of the
9 County's Director.
1 O The Parties agree that this Agreement shall include the encroachment permit, including all of its
11 requirements, restrictions (except that any restrictions relating to the period that the encroachment
12 permit is in effect shall be disregarded for purposes of this Agreement), provisions, terms and
13 conditions, as well as the addendum thereto, to be issued by the County to the City, or its construction
14 contractor, for the Project ("Encroachment Permit''), an unexecuted form of which, subject to the
15 completion of certain identifying information, is attached hereto as Exhibit A, and the Encroachment
16 Permit, once issued by the County (except that any restrictions relating to the period that the
17 encroachment permit is in effect shall be disregarded for purposes of this Agreement) shall be
18 incorporated into this Agreement ("Incorporated Encroachment Permit Requirements"). The City
19 assumes all of the obligations of the applicant (also referred to as the permittee} under the Incorporated
20 Encroachment Permit Requirements, and agrees to comply with all of the Incorporated Encroachment
21 Permit Requirements as additional obligations of the City under this Agreement.
22 The City's obligations under this Agreement shall remain in full force and effect with respect to
23 the Project unless and until the City annexes the Project into the City's jurisdiction, provided however, if
24 the City from time to time annexes any portion of the Project into the City's jurisdiction , only such
25 annexed portion or portions of the Project shall be considered as annexed into the City's jurisdiction, but
26 as to the remainder of the Project not annexed into the City's jurisdiction, the City's obligations under
27 this Agreement shall remain in full force and effect with respect to the remainder of the Project.
28 Notwithstanding anything to the contrary in this Agreement or the Encroachment Permit, the
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
County's acceptance of the Project and/or the expiration of the Encroachment Pennit and/or the
revocation of the Encroachment Pennit shall not cause any of the Incorporated Encroachment Permit
Requirements to terminate, diminish, or otherwise expire as such Incorporated Encroachment Pennit
Requirements are incorporated in this Agreement as additional obligations of the City under this
Agreement. Any references to the Encroachment Pennit in this Agreement are subject to, and include,
the foregoing provisions of this paragraph.
2. The City agrees that t he City's contract for the construction of the Project, including the
award of the construction contract by the Kerman City Council to the City's contractor, any change
orders and riders and addenda to such construction contract, and any related plans and specifications
and field directives for the Project, shall be subject to this Agreement and the Incorporated
Encroachment Permit Requirements.
3. The City shall additionally undertake the following obligations under this Agreement:
a. The City guarantees and warrants to and in favor of the County, at no cost to the
County, that the construction, installation, materials, and workmanship of the Project, as a whole,
and each and every part thereof including the Road Repairs, without exception or qualification, is
and shall be free from all faults, defects, and deficiencies ("Warrantyn), for at least one (1) year
commencing from the date that the noti ce of completion of the Project is recorded by the City or
its contactor in the Office of the Fresno County Recorder against the Project ("Date of Notice of
Completionn), and the City delivers a copy of the recorded notice of completion to the County
(collectively, the "Warranty Periodn). Such Warranty to and in favor of the County shall
additionally include and cover during the Warranty Period, at no cost to the County, any and all
damage, blow-outs, sink holes, separations, depressions, settlement, buckling, subsidence and
the like, under or in the vicinity of the Project, provided that such event or events are related to or
a result of the installation or operation of t he Project, all of which the City shall promptly repair
and restore to its original condition as of the Date of Notice of Completion, all to the satisfaction
of the County's Director. The expiration of the Warranty shall not affect the City's obligations
under the remainder of this Agreement.
b. Any of the County's requests to the City for pavement repairs shall be promptly
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
attended to by City maintenance forces, and in any event within seventy two (72) hours or less of
such requests, upon the County's Director's informal communication, which may be by
telephone, text, or other electronic messaging or communicat ion, to City's Director of t he
Department of Public Works or his or her designee ("City's Director").
c. The City shall promptly pay all costs incurred by the County in performing a ny
emergency Road Repairs r elated to or resulting from the installation or operation of Project that
the County's Director determined that the County needed to perform before repair thereof by the
C ity.
d . All permanent pavement installed as part of the Road Repairs shall be HMA (hot
mix asphalt). Cold mix asphalt is allowed only as a temporary measure to make the road
passable during the reasonable time that it takes the City to make a permanent Road Repair.
e. The City shall amend its map for Underground USA Alert (USA Alert) boundaries
to include the Project, and promptly give notice thereof to USA North, and any other affected
governmental agencies and utilities.
Notwithstanding anything to the contrary in this Agreement, the County's rights and remedies
under the Encroachment Permit are not limited by the provisions of this Agreement. The County may,
independently of this Agreement, exercise its rights and remedies directly under the Encroachment
Permit, and such exercise thereof by the County shall not limit the County's rights and remedies under
this Agreement, including the Incorporated Encroachment Permit Requirements.
4 . In the event that a Party determines that the other Party is in breach of, or default under, this
Agreement, or any part hereof ("Defaulting Party"), the aggrieved Party may give the Defaulting Party
notice thereof, which notice shall include the reason therefor, and if the Defaulting Party does not cure
same t o aggrieved Party's satisfaction within thirty (3 0) calendar days of such notice, the aggrieved
Party may, wit hout a waiver of any other remedi es that exist in law or equity or under this Agreement, do
any or all of t he following :
a . Exercise any and all r ights or remedies under this Agreement, or at law or equity,
or institute other proceedings against t he Defaulting Party, including , without limitation, bringing
an action or actions from time to time for specific perfo rmance, and/or for the recovery of
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
any of its officers, officials, employees, agents, volunteers, or contractors in the City's performance of
this Agreement. Nothing herein shall constitute a waiver by City of governmental immunities including
California Government Code Section 810 et seq .
If there is concurrent negligence by the County or any of its officers, officials, employees,
agents, volunteers or contractors, and the City or any of its officers, officials, employees, agents,
volunteers, or contractors the liability for any and all such claims, demands and actions in law or equity
(including attorney's fees and costs, and litigation expenses) for such losses, fines, penalties, forfeitures,
costs and damages shall be apportioned under the State of California's theory of comparative
negligence.
This Section 8 survives the termination of this Agreement.
9. Both the County and the City represent that they maintain insurance policies or self-
insurance programs to fund their respective liabilities hereunder for the types and in the amounts not
less than that described in Section 10, below, under "Insurance." Those respective programs or policy
coverage for Workers' Compensation shall contain a waiver of subrogation as to the other Party and its
officers, officials, agent, employees and volunteers as follows:
For the policy of workers' compensation insurance required by this Agreement, the waiving Party
hereby waives its right to recover from the other Party, and its officers, officials, agent,
employees and volunteers, any amounts paid by such insurance. The waiving Party is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such
waiver of subrogation, but the waiving Party's waiver of subrogation under this paragraph is
effective whether or not the waiving Party obtains such an endorsement.
Upon the Parties' execution of this Agreement, each Party shall provide proof of self-insurance,
or any other certificates of insurance that may be required hereunder if either Party is not self-insured,
including changing the policies described herein to name the other Party as an additional insured (as
applicable below), or other similar documentation, as part of this Agreement.
1 0 . If the City contracts all , or any part, of its obligations under this Agreement, the City shall
include the following indemnification , defense, insurance and intended third party beneficiary
requirements in all contracts with each contractor:
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"Indemnification. To the fullest extent allowed by law, including California Civil Code
Section 2782, the Contractor shall indemnify, hold harmless, and defend the City of Kerman, the
County of Fresno, and each of their respective officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage) incurred by the City of Kerman, the County of Fresno, the Contractor,
or any other person, and from any and all claims, demands and actions in law or equity
(including attorney's fees and costs, and litigation expenses}, arising from or related to the
negligent or intentional acts or omissions of the Contractor or any of its officers, employees,
agents, or contractors in the performance of this Contract. The Contractor's obligations under
the preceding sentence shall apply regardless of whether the City of Kerman, the County of
Fresno, or any of their respective officers, officials, employees, agents or volunteers are
passively negligent, but shall not apply to the extent of any loss, liability, fines, penalties,
forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of
the City of Kerman, the County of Fresno, or any of their respective officers, officials, employees,
agents or volunteers. If the Contractor subcontracts all , or any part, of the work to be performed
under this Contract, the Contractor shall require each subcontractor to indemnify, hold harmless
and defend the City of Kerman and the County of Fresno and each of their respective officers,
officials, employees, agents and volunteers in accordance with the terms of this section entitled
"lndemnification.n This section entitled "Indemnification,• survives the termination or expiration of
this Contract.
Insurance. During the term of this Contract, the Contractor shall pay for and maintain in full
force and effect all policies of insurance described below with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of California
and rated not less than "A-VII " in Best's Insurance Rating Guide, or (ii) authorized by the City of
Kerman Risk Manager or his/her designee. Insurance limits available to the City of Kerman and
the County of Fresno, and their respective officers, officials, employees, agents and volunteers
as additional insureds, shall be the greater of the minimum limits specified herein or the full limit
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of any insurance proceeds available to the named insured. The Contractor shall maintain in full
force and effect the following policies of insurance:
(i) COMMERCIAL GENERAL LIABILITY insurance, which shall be on the most current
version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG
00 01 and include insurance for "bodily injury," "property damage" and "personal and
advertising injury" with coverage for premises and operations (including the use of owned
and non-owned equipment), products and completed operations, and contractual liability
(including, without limitation, indemnity obligations under this Contract) with limits of not less
than the following:
$2,000,000 per occurrence for bodily injury and property damage;
$4,000,000 annual aggregate for bodily injury and property damage;
$2,000,000 per occurrence for personal and advertising injury;
$4,000,000 annual aggregate for personal and advertising injury;
$2,000,000 per occurrence for products and completed operations;
$4,000,000 annual aggregate for products and completed operations; and
$4,000,000 general aggregate applying separately to the work performed under
this Contract.
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01 , and
include coverage for any auto used in connection with this Contract with limits of not less
than $1 ,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident,
$1,000,000 disease policy limit and $1 ,000,000 disease each employee.
(v) PROFESSIONAL LIABILITY -If CONTRACTOR employs licensed professional staff,
(e.g., Ph.D ., RN ., L.C.S.W., M.F.C.C.) in providing services, Professional Liability (if
Design/Build), with limits no less than Two Million Dollars ($2,000,000) per occurrence or
claim, and Three Million Dollars ($3,000,000) policy aggregate.
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(vi) CONTRACTOR'S POLLUTION LIABILITY -Contractors' Pollution Legal Liability and/or
Asbestos Legal Liability and/or Errors and Omissions {if project involves environmental
hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy
aggregate.
(vii)The policies of insurance described above shall be endorsed to provide an unrestricted
thirty (30) calendar day written notice in favor of the City of Kerman of any policy
cancellation, change or reduction or coverage, except for the Worker's Compensation policy
which shall provide a ten (10) calendar day written notice of any cancellation, change or
reduction of coverage. If any policies are due to expire during the term of this Contract, the
Contractor shall renew the policy, and provide a new certificate and all applicable
endorse ments evidencing renewal of that policy not less than fifteen (15) calendar days
before the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker,
or agent of a notice of cancellation, change or reduction in coverage, the Contractor shall
obtain replacement insurance meeting the insurance coverage requirements of this
Contract, so that there is no gap in such insurance coverage, and file with the City of
Kerman a new certificate and all applicable endorsements for that replacement policy(ies).
The General Liability and Automobile Liability Insurance policies shall be written on an
occurrence form and shall name the City of Kerman, the County of Fresno, and their respective
officers, officials, agents, employees and volunteers as additional insureds. Those policy(ies) of
insurance shall be endorsed so that the Contractor's insurance is primary and no contribution is
required of the City of Kerman or the County of Fresno .
For the policy of workers' compensation insurance required by this Contract, Contractor
hereby waives its right to recover from the City of Kerman, the County of Fresno, and their
respective officers, officials, agents , employees and volunteers any amounts paid by such
insurance. The Contractor is solely responsible to obtain any endorsement to such policy that
may be necessary to accomplish such waiver of subrogation, but the Contractor's waiver of
subrogation under this paragraph is effective whether or not the Contractor obtains such an
endorsement.
-9-
1 The Contractor shall furnish the City of Kerman with the certificate(s} and applicable
2 endorsements for ALL required insurance before the commencement of work by the Contractor.
3 The Contractor shall furnish the City with copies of the actual policies upon the request of
4 the City of Kerman Risk Manager at any time during the term of this Contract, and this
5 requirement survives the termination of this Contract.
6 If at any time during the term of this Contract, the Contractor fails to maintain the required
7 insurance in full force and effect, all work under this Contract shall be suspended immediately,
8 and all payments due or that become due to Contractor shall be withheld until notice is received
9 by the City of Kerman that the required insurance has been restored to full force and effect and
1 o that the premiums for that insurance have been paid for a period satisfactory to the City of
11 Kerman. Any failure to maintain the required insurance is sufficient cause for the City of
12 Kerman's termination of this Contract.
13 If the Contractor subcontracts all, or any part, of the work or services to be performed under
14 this Contract, the Contractor shall require each subcontractor to provide insurance protection in
15 favor of the City of Kerman , the County of Fresno, and their respective officers, officials,
16 employees, agents and volunteers in accordance with the terms of each of the preceding
17 paragraphs in this section entitled "Insurance," except that the subcontractors' certificates and
18 endorsements shall be on file with Contractor and the City of Kerman before the commencement
19 of any work by the subcontractor.
20 Intended Third Party Beneficiary. The parties do intend for the County of Fresno to be a
21 third party beneficiary under this Contract and all rights , interest, and benefits of this Contract
22 accrue to the County of Fresno."
23 11 . It is understood that time is of the essence in the City's performance of all obligations under
24 this Agreement.
25 12. The City shall pay for all fees applicable to the Project and the Encroachment Permit, and
26 shall comply with all federal, state, and local laws , including the County's ordinance code, and
27 regulations applicable to the performance of its obligations under this Agreement, including the
28 Incorporated Encroachment Permit Requirements .
-10-
1 13. The persons and their addresses having authority to give and receive notices under this
2 Agreement include the following:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
County
County of Fresno
Director of Public Works and Planning
Department of Public Works and Planning
2220 Tulare Street, 6 th Floor
Fresno, CA 93721
City
City of Kerman
City Manager
850 S . Madera Avenue
Kerman, CA 93630
Any and all notices between the County and City provided for or permitted under this Agreement
must be in writing and delivered either by personal service, by first-class United States mail, or by an
overnight commercial courier service. A notice delivered by personal service is effective upon service to
the recipient Party. A notice delivered by first-class United States mail is effective three (3) of the
reci pient Party's business days after deposit in the United States mail, postage prepaid, addressed to
the recipient Party. A notice delivered by an overnight commercial courier service is effective one (1)
recipient Party business day after deposit with the overnight commercial courier service, delivery fees
prepaid, with delivery instructions given for next day delivery, addressed to the recipient Party. For all
claims arising out of or related to this Agreement, nothing in this Section 13 establishes, waives, or
modifies any claims presentation requirements or procedures provided by law, including but not limited
to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section
810.
14. In performance of the work, duties and obligations assumed by the City under this
Agreement, it is mutually understood and agreed that the City, including any and all of City's officers,
agents, and employees and contractors will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,
joint venturer, partner, or associate of the County.
15. This Agreement may be executed in one or more counterparts, each of which when executed
shall be deemed to be an original, and such counterparts shall together constitute one and the same
instrument. E ach Party represents to the other Party that the individual executing this Agreement is duly
authorized to execute and deliver this Agreement on behalf of his or her respective Party.
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16.The provisions of this Agreement are severable. The invalidity or unenforceability of any one
provision in this Agreement does not affect the other provisions.
17.Each party acknowledges that it has read and fully understands the content of this
Agreement. This Agreement represents the entire and integrated agreement between the parties with
respect to the subject matter covered by this Agreement and this Agreement supersedes all prior
negotiations, representations, agreements (including, without limitation, any prior annexation and right
of-way maintenance agreements to the extent they address responsibility for the normal maintenance of
any dual jurisdictional City-County roads), and communications, either written or oral.
II I
I II
II I
II I
II I
II I
II I
II I
II I
I II
II I
II I
I II
II I
II I
I II
I II
II I
II I
I II
-12-
1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above.
2 CITY OF KERMAN,
3 A Municipal Corporation
4
5
6 Jelfn Kunkel
7 t'.:ity Manager
8
9
10
11
12
13
14
15
FOR ACCOUNTING USE ONLY
16 Fund:
17 Subclass:
Org. No.
18 Account
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO,
Nathan Magsig, ctmirnl'an·
Board of Supervisors
of the County of Fresno
ATTEST: Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By. dui-~
Deputy
-13-
I 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
DOUBLE L MOBILE RANCH PARK WATER SERVICE
ALONG
CALIFORNIA AVENUE FROM GOLDENROD AVENUE TO FLOYD AVENUE
FLOYD AVENUE FROM CALIFORNIA AVENUE TO CHURCH AVENUE
CHURCH AVENUE FROM FLOYD AVENUE TO DOUBLE L MOBILE RANCH PARK
ROAD ENCROACHMENT PERMIT FOR THE CITY OF KERMAN
AS ISSUED BY
THE COUNTY OF FRESNO
-15-
ADDENDUM
Road Encroachment Permit No. EP18-0301
Amanda Folder No.18-103428
1. Permittee shall have the existing utilities marked by 811 USA prior to the start of work.
2. Work is limited to period of good visibility.
3. Work is to be performed during daylight hours.
4. Construction shall be in conformance with the approved plans for the [ Double L Mobile Ranch Park Water
Main Project] and the provisions of this permit.
5. A Traffic control plan must be submitted to the County of Fresno and must be accepted by the Traffic
Engineer prior to the start of any work within the County of Fresno's road rights-of-way.
6. No road closures or detours are authorized under this permit
7. Construction area must be signed in accordance with the current State of California Manual of Uniform
Traffic Control Devices (CA MUTCD). Signs in place during hours of darkness shall be reflectorized for night
time visibility in accordance with the ab.9._v:1::.,manual ;=..-::::.-:.".;;;_-. __
8. Permittee shall provide accepta~l~.atces"s',arailJ::iIJ1E{s-fu ,1;1ro.p_~!'f:ie~"~long the construction route.
9. No open excavation allowed~~fterworking l).ours.:NI ex,~v~ti.on ar:ias:~g be properly secured when work
crews are away from site1ai1,~xcavations ini ~P-ani!-_~.lidul~~r a1J to)>!r st~£1 plated.
10. Permittee shall proper~Y rpa;_i.it~'in~nd reJ!~r.:..anyzenc;r.:.o;!shm'enfa~!:}lc;>t,iz~<fh~rein, unless such
maintenance and rt;Jia't ~Y Pefy!itt_~-~Js"~xempte_d.-by'laW'afi:~~-~~~lfex~r9se,i:_~a·sJmable care in inspecting
for and immediatx,lYJe~~t~ng•~~y:injury to th,.e'h~g_hway which;~CqJfS ias a_r"etlJ!~i?.f the existence of said
encroachment 0.1:~as·:tlf~!":te~illt_pf any work dc;ine hereunder. If at<any'flJµir.~,dat~i.t 1~ necessaiy because of
road relocation;6r;'cnarig~J ip-grade to reloc~te·this'(acility, the owner; njs··assimis;·,p~rs and successors,
hereby agreesiq ·i,elpcat~ ~he facility upon-·Il<)ti!=e by the County of Fresno';afmf exp.~rise to the County,
unless othen½s~·;providea by law,-·~·, . .,..._. __ · ,: •:..::.. ,; -.. , \
(,i (. + •• • ~. ;• • '.:. '
11. The Permitt~.¢ sh~lHJ!df:!wn~lj/liold }:larmless aµd de_fend thff<:;o\mty ofFre~no,a,;i9-,,~ac9 of its officers,
officials, emp1oy~rs;,ifMritlfand volunteers from ~ny anii all lQ~S, li~~ilio/., fin~~t P.~najties, forfeitures, costs
and damage} ~~hetfier m contract, lbrt or strictl~billt:}7, induiling bu.foot lqnifeii to p/ei sonal injury, death
at any time ~rld'J?¥Q.P..~I'o/ damage) incurred by theil>ermittee, the County of fire~_w,1pr·a~y other person, and
from any an~ am~}~.,g~s,,del!_l~~ds and actions' in_~~\Y br eqajty (iJ:!~iudil;\gA~~rri:~y s feei and costs, and
litigation eXP,~nses-);arisipg from qr;-r-el~t~d to th~ pegligent or jtltentional 1cts or omis,*ions of the
Permittee or ·any of its offlcers, officials (if anyJ; e!l).pl9ye11s.,,agents, "!:jllunt~ers, or con#actors in the
Permittee's p~r,_forpiioce;.pl~he work·p·ermittecl:l!~fein .. ~t ~IJ b~~~~res_po~sio@;y ofthe Pennittee to
determine the l~~~~o~.o(a~Y:-.~~:~? u~$~.:~J ~l]~,-~S!_~J!~~f ~~ii;i_~fw~r~ ar~~ irtd to arrange for any
necessary relocation: . .-_,. ·· :;-' ·-> ---·-,--'".._"-. , , --: · -'-" .,:-,~ ·• ..•• .::, -~-/:'
12. See attached Gen~r-~l ~r.ovi~ii:mi ·ah~'.-Sptd~I i f P~tsioifs. ·.·-;~•::' .. ::.: _. ' __ ,---·:·:.. './'
13. No storage of equipri1:ei1tor;miiterials\vi.1j)~·1!§"i~-~-~~~tJi~--P~f}!.fii~~t-of-w~y:.-. . . .
14. Traffic Control Fees: 10~.00 Dollars (Base Fee)·anii-28:00_D.ol}ai:s.a .day;~or-:every day s1gnage 1s within the
right-of-way) ·,··:::_.~:~-. ./_:~.-?, ,-~~-; ··T~;\:-..\ ~.::::.:)__:\·/;:-
-l -::: . . -
-.::,_~'.;;~-~;~~:.:-~---~~. '~ _ _.. .. :;.~-~~--~~~~~;:-::~<"•;:/