Loading...
HomeMy WebLinkAboutORANGE COUNTY WATER DISTRICT- 2008IrdsuRANCE ON FILE A-2008-282A wOR~ MAY PROCEED , l1NTlL IN5URANCE EXPIRES O ~ ~ r I n , n ~0~1-chi V ,vx CLERK OF COUNCIL DATE: I L 7 - p8 O . Parks ~ Rec_ 1,2~ LICENSE AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR Cw.~a 14.ompk;.,s INSTALLATION OF MONITORING WELL SCS-12 (FISHER PARK) THIS LICENSE AGREEMENT, made this (D~"` day of October, 2008, by and between the City of Santa Ana, a municipal corporation of the State of California, herein termed "City", and Orange County Water District, created by a Special Act of the Legislature in 1933, herein termed "Grantee"; WITNESSETH In consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: 1. City hereby licenses Grantee, subject to the reservations, covenants and conditions herein contained, to construct, reconstruct, access, maintain and operate a monitoring well, hereinafter termed "stmcture", in Fisher Park at the location shown on the attached Exhibit "A". Said structure shall be installed in accordance with attached Exhibit "B". 2. This license is made subject and subordinate to the prior and continuing right and obligation of City to use the park described herein in the performance of its duty as a municipal corporation. 3. This license is made subject to all licenses, leases, easements, restriction, conditions, covenants, encumbrances, liens and claims of title which may affect said pazk. 4. The Grantee shall pay legal, engineering and inspection fees incurred by City in connection with plan checking, construction, operation and maintenance of the structure pursuant to this License Agreement. Page 1 of 7 10/1/2008 5. The rights herein provided to Grantee shall lapse and become void if the construction of said structure upon said pazk is not commenced within one (1) year from the date of this License Agreement. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, accessing, operating and maintaining the structure in Fisher Park, as well as the entire cost and expense of excavating and reconstructing the immediate area around the structure. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as allowed under a permit obtained from City. A project marker in a form and size satisfactory to the City identifying the facility and its owner shall be installed and constantly maintained by, and at the expense of, Grantee on the cover over the monitoring well or such location as City shall approve. Absence of the marker does not constitute a warranty by City that the subsurface installation does not exist and City does not assume any responsibility for protection of Grantee's equipment. 7. In the event City shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, reinforce or alter said structure upon receipt of written notice from City to do so. All such work shall be performed by Grantee or by any means authorized by it. 8. Grantee, its agents and employees shall have the privilege of entry onto Fisher Park, under permit, for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep the monitoring well and the immediate area around the well, in a good safe condition, free from hazards and obstructions, so faz as affected by Grantee's operations, to the satisfaction of City. If Grantee fails to keep the monitoring well, and immediate area around the monitoring well, in good and safe condition, free from hazazds and obstructions, then City may Page 2 of 7 10/1/2008 perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any property under the control or custody of Grantee while on City property incident to the construction or maintenance of said structure caused by or contributed to in any way by the construction, operation, maintenance or presence on City's park or any utilities or pipelines upon or under said park area at the above mentioned location. Grantor, its agents and employees, shall take all reasonable precaution when working near Grantee's structure. 10. Public Liability Insurance. Grantee shall maintain public liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Grantee's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Grantee shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. II. Grantee shall indemnify and save harmless City, its officers, agents and employees, from and against any and all damages to property or injuries to or death of 10/1/2008 Page 3 of7 persons, including property and employees or agents of City, and shall defend, inderrmify and save harmless City, its officers, agents, employees, successors and assigns, from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorney fees, settlements or judgments, for loss of or damage to property and for injuries to or deaths of persons, including property and employees or agents of City, arising out of the construction, reconstruction, maintenance, presence, operation, use or removal of said structure, regardless of any negligence or alleged negligence on the part of City, its officers, agents and employees arising out of the construction maintenance, presence, operation, use or removal of said structure. Grantee shall further defend, inderrmify, and save harmless City, its officers, agents and employees, from and against all claims, demands, sits, actions or proceedings resulting from or arising out of the negligent, intentional or malicious acts or omissions of Grantee, its employees, contractors or subcontractors. Should Grantee, its successors or assigns, at any time abandon the use of said structure or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and City shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property. 12. Upon termination of the rights and privileges hereby provided, Grantee, at his own cost and expense, agrees to remove said structure from Fisher Park and restore the immediate area around the monitoring well as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee 1011/2008 Page 4 of7 fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by City, at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 13. This Agreement sha1l inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. "Grantee" Orange County Water District By: Mi ael . Markus General Manager Attest: / ~..~ By: . _t.A:-Cc-' ,/ atricia E. Healy oJ Clerk of the Council Approved as to Form: By: 1, ge County Water District Approved as to Form: Joseph Fletcher, C' By: Page 5 of? 10/112008 EXHIBIT "A" Page 6 of7 ~i.~t ~\.;;, , , ':=-=, ,r~~ c!:.... 0 1 ".~~' 'I', ~ \ ;: ,".. ,~.' t:~;-.,j' . I~':i .. .--,1 ~ ~r'h,.,,'l 1 Sui .. ~,.<),_l . ~ ! rfi~ '...--" ~}..f.~~:~,1 j-' rt '" ;.u{,;; '" """~) f:>""\..,~ -~ -~ {/ 1_._.;-:::1 ", J. ~,,,. ','~~I ~'i:\ ~ II'~. ~ EXHIBIT "A" ) LX ~() r%: l;~ };f ~..r~ ~) :z. 10/1 /2008 .-: :~::.;: \~~::~.' '.;'..r.;.. ~ ;.:}~:.i> .~A~t~~f~. ~:'~".''-t: .. '" :.:~~<t~:..;" -- :~ -- ::..:;~~~~~:; 1 . 2 · EXHIBIT B BELOW' GRADE MONITORING wELL COMPLETION DET AIL 30. 3- INCH DIAMETER CEMENT PAD 18-INCH DIAMETER TRAFFIC RA TED 'WELL V AUL T STAINLESS STEEL BOLTS (3) STEEL BOLT-DO'WN LID OCKING 'WELL CAP EMENT PAD 14-INCH DIAMETER BOREHOLE ESTIMATED DEPTH 400 FEET 4- INCH DIAMETER 'WELL ASING ESTIMATED DEPTH 370 FEET 4- INCH DIAMETER 'WELL ASING ESTIMATED DEPTH 200 FEET EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is the provisions of Policy # the following: afforded by relating to I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) , this endorsement form as a part of Effective Policy # Issued to Named Insured Countersigned by Authorized Representative 10/1/2008 Page 70f7 Association of California Water Agencies / Joint Powers Insurance Authority 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 COVERAGE INFORMATION This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. TVDe of Coveraoe Certificate # Effective Date ExDiration Date Limits General Liability MOLC-l 00108 10/1/2008 10/1/2009 Aggregate $1,000,000 o Commercial General Liability Per Occurrence $1,000,000 Ii] Contractual Liability o Products/Completed Operations Ii] Occurrence Auto Liability MOLC-l00108 10/1/2008 10/1/2009 Per Occurrence $1,000,000 0' Owned Autos 0" Hired Autos Ii] Non-Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery Crime Workers' Compensation Coverage A ~ Workers' Compo Coverage B - Employer's Liability DESCRIPTION The Certificate Holder, its officers, employees, agents, volunteers and representatives have been ad Additional Covered Parties to the Liability Program, but solely with respect to those causes of action arising directly out of the License Agreement for monitoring well SCS-12 (Fisher Park). CERTIFICATE HOLDER CANCELLATION Should any 01 the coverage documents herein be cancelled before the expiration date thereof, ACWAJJPIA will eA8ea er Ie provide 30 days written notice to the certilicate holder named herein. City of Santa Ana Parks, Recreation & Community Services Agency AUTHORIZED REPRIOSENTATIVE DATE 888 W. Santa Ana Blvd., #200 I". ""i."'";;}'- Santa Ana, CA 92701 .4~n _~l:0)A 10/22/2008 ADDENDUM to the Memorandum of Liability Coverage for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY MEMBER: Orange County Water District COVERAGE PERIOD: 10/1/2008 -10/1/2009 ADDENDUM DATE: 10/17/2008 ADDENDUM NUMBER: 24 Change in WHO IS COVERED The following entities are hereby added as Additional Covered Parties: City of Santa Ana, its officers, employees, agents, volunteers and representatives, but solely with respect to those causes of action arising directly out of the License Agreement for monitoring well SCS-12 (Fisher Park), and subject to a $1 ,000,000 per occurrence and annual aggregate limit of liability. The coverage provided by this Memorandum of Liability Coverage shall be primary as respects any claims related to the operations performed by or on behalf of the Orange County Water District. Any insurance or self- insurance maintained by the City of Santa Ana is excess and noncontributing. This coverage shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of Santa Ana. Signed By: 'j. "<-'it/- .~ /;tL~4 (AuthOrized Representative) Date: 10/22/2008 CLAUDIA C. ALVAREZ. ESC. PNILlP L. ANTHONY WES BANNISTER KATHRYN L. BARR DENIS R. BILODEAU. P.E. JAN OEBAY SHAWN NELSON. ESQ. IRV PICKLER STEPHEN R. SHELDON ROGER C. YCH. P.E. ~ ~ ~~__':S'1''''# OFfiCERS OlREaoRS President STEPHEN R. SHELDON First Vice President WES BANNISTER Second Vice President DENIS R. BILODEAU. P.E. ORANGE COUNTY WATER DISTRICT ORANGE COUNTY'S GROUNDWATER AUTHORITY General Manager MICHAEL R. MARKUS. P.E. October 17,2008 Ms. Carla Mack-Thompkins Management Aide City of Santa Ana Parks, Recreation & Community Services Agency 888 W. Santa Ana Blvd., #200 Santa Ana CA 92701 Dear Ms. Thompkins: Re: LICENSE AGREEMENTS FOR LOWER SANTIAGO CREEK RECHARGE FEASIBILITY EVALUATION MONITORING WELLS SCS-11 AND SCS-12 Enclosed are three originals each of the referenced agreements, executed on behalf of OCWD. Please provide us with fully executed originals for our files when available. Sincerely, \ ~ nice Duran~ JDistrict Secretary Association of California Water Agencies / Joint Powers Insurance Authority P.U. Box 619082, Roseville, CA 95661 -9 082 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER Orange County Water District 15700 Warm Street Fountain Valley, GA 92708 -6930 t.\ wr ) S w. /V­acok - COVERAGE INFORMATION This is to certify that coverage documents fisted herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contractor other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. T e of coverage Certificate # Effective Date Expiration Date Limits General Liability MOLC- 100916 1011/2016 101112017 Aggregate $1,000,000 10 Commercial General Liability Per Occurrence $1,000,000 Q Contractual Liability RI Products /Completed Operations © Occurrence Auto Liability MOLC- 100116 10/1/2016 1011/2017 Per Occurrence $1,000,000 RI Owned Autos 0 Hired Autos Z Non -Owned Autos Auto Physical Damage Scheduled Autos Hired Autos { Property yt Special Form rw ° Mobile Equipment e Boiler and Machinery �tittip' t r Crime Workers" Compensation Coverage A - Workers' Comp. Coverage B - Employer's Liability DESCRIPTION Regarding: License Agreement for monitoring well SCS -11 (Santiago Park). Additional Covered Party(ies), as required by written contract: City of Santa Ana, its officers, employees, agents, volunteers and representatives, per attached Addendum, CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWA /JPIA will c„.t.,^.,. *^ provide 30 days written notice to the certificate holder named herein. City of Santa Ana Parks, Recreation & Community Services Agency AUTHORIZED REPRESENTATIVE DATE 26 Civic Center Plaza Santa Ana, CA 92701 8/10/2016 Z���� for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY MEMBER: Orange County Water District COVERAGE PERIOD: 10/1/2016 10/1/2017 ADDENDUM DATE: 110/11/2016 ADDENDUM NUMBER: 22 Change in the following Sections: Section 111. WHO IS COVERED is amended to include the following entity(ies) as an Additional Covered C4ywf Santa Ana, its officers, employees, agents, volunteers and representatives, as required bywritten contract. Additional Covered Party(ies) is covered only if the liabifity is caused M whole or in part by the acts or omissions of the Member Agency and excludes coverage for the sole negligence of the Additional Covered Party(ioo), and subject tou$1.00U.U8Q per occurrence and annual aggregate limit cfliability. Section VI. CONDITIONS (G). OTHER COVERAGES is amended to read:� Fhe coverage afforded in this Memorandum of Liability is primary to and will not seek contribution from any other insurance available to an Additional Covered Party(ies) under the Memorandum of Liability provided that: (1) The Additional Covered Party(iem)ia(an*)a Named Insured under such other insurance, and (2) is required in avvrittmm contract or agreement. The following is dded to Section VI. CONDITIONS (1). WITHDRAWAL/CANCELLATION: m the Authority elects nz cancel this coverage before the stated expiration date, the Authority will provide the Additional Covered Party(ies) at least thirty (30) days prior written notice, as required by a written contract or agreement. Regarding: License Agreement for monitoring well SCS-11 (Sum1iagoPark). Signed By: /,/- Date: 8/1{V2{16 (Authorized Represent�tiv�)