11-0517_ORANGE COUNTY FLOOD CONTROL DISTRICT_D13_Agenda Report u
5/17/2011
AGENDA REPORT D13
TO: Dave Adams, Interim City Manager
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Agreement D10-015 for Operation and Maintenance of
Pedestrian Ways and Bikeways Adjacent to San Juan Creek Channel,
Trabuco Creek Channel, and Oso Creek Within the District's Right Of Way
Within City's Boundary (CIP 07107) (Orange County Flood Control
District)
RECOMMENDATION
By motion, approve Agreement No. D10-015 between the Orange County Flood Control
District (District) and the City for operation and maintenance of pedestrian ways and
bikeways adjacent to San Juan Creek Channel, Trabuco Creek Channel, and Oso
Creek within the District's right of way within City's boundary.
Background
The City and County entered into an agreement on December 17, 1974 (Attachment 1)
where the County paid a portion of construction costs to the City to construct the
pedestrian ways and bikeways adjacent to San Juan Creek Channel and Trabuco
Creek Channel as a part of the Countywide Bikeway System, and after the
improvements were constructed, the City agreed to operate and maintain the structures
and facilities.
The new Agreement (Attachment 2) will replace the 1974 agreement requiring the
continuing performance by the City for operation and maintenance of the pedestrian
ways and bikeways within the City's boundary and substitute in its place the
requirement for the City to operate and maintain all pedestrian ways and bikeways
adjacent to San Juan Creek Channel, Trabuco Creek Channel, and Oso Creek Channel
within District's right of way within the City's boundary described in the agreement dated
December 17, 1974.
The new agreement with the District will be for the operation and maintenance of all
existing and future pedestrian ways and bikeways, including not but not limited to
pedestrian ways and bikeways described in the agreement dated December 17, 1974,
improvements in compliance with the City's Del Obispo Bridge Widening project (to be
constructed later in 2011), and bike trail connector at Via Lorado adjacent to San Juan
Creek Channel and Trabuco Creek Channel within the District's right of way in the City's
boundary.
Agenda Report U May 17, 2011
Page 2
As part of the construction of the Del Obispo Street (Bridge) Widening from Alipaz
Street to Paseo Adelanto Project (CIP 07107), the City will reconstruct the trail entrance
at the northwest corner of Del Obispo Street and Paseo Adelanto and the portion of the
bike trail bridge underpass on the east side of Trabuco Creek channel levee from the
274 feet north of the centerline of Del Obispo Street to 52 feet south. Construction
related to the work can proceed under the current County Permit 2009-00272, while this
Agreement is being processed. However, the Agreement needs to be approved and
executed by both the Orange County Flood Control and the City prior to the completion
of construction and opening of the trail for public use.
ENVIRONMENTAL REVIEW
The City's Environmental Administrator has determined that this agreement is
Categorically Exempt from further review under the California Environmental Quality Act
(CEQA).
FINANCIAL CONSIDERATIONS
Maintenance of the pedestrian ways and bikeways covered in the Agreement are paid
for out of the following accounts.
1.) Bike Trail Slurry- 01-83616-64210-00000-109
2.) Asphalt Maintenance- 01-83616-64210-00000-000, and
3.) Sweeping for trails- 01-83617-64116-00000-169
These are Public Works Department operating budget accounts included in the City's
General Fund. Funds are spent based on maintenance needs of the trails. The
Agreement will not change maintenance costs of the trails.
NOTIFICATION
Penny Lew, Orange County Flood Control District, Flood Programs
Agenda Report v May 17, 2011
Page 3
RECOMMENDATION
By motion, approve Agreement No. D10-015 between the Orange County Flood Control
District (District) and the City for operation and maintenance of pedestrian ways and
bikeways adjacent to San Juan Creek Channel, Trabuco Creek Channel, and Oso
Creek within the District's right of way within City's boundary.
Respectfully submitted, Prepared b
Nasser Abbaszadeh, PE Nisha A. Patel, PE
Public Works Director Associate Engineer
Attachment(s):
1. Original Agreement dated December 17, 1974
2. Current Agreement
-• . nc cgg_n, c N. T.
111 T dl S'AGREEMENT made and art r r vd Inco L to �y7E�any of ..i., 4't."
by and between the C1'f4' UP Sun.e aen Capistrano..._r :. maaiciDai
2l corporocion, hereinafter referred to as the "Cl'TY," and the COUNTY OF CRACCE, a
4 Political subdlvisian of the State of Califnrnia hereinafter referred to as the ":AUNTY."
$ WITNESSETH:
0 WHEREAS, the Board of Supervisors by Resolution No. 74-369 aatu6 March 20,
71974, adopted Amendment No. 4 to the Master Plan of Countywide Bikeways to serve Sha
$Il entire COUNTY including the incorporated titles thereof, and
0 I WHEREAS, the Hoard of Superelaoto has by appropriate action, provided In the
10 budget for the Fiscal Year 74-75 funds for the construction of bikeways within the
I
11 incorporated cities of the COUNTY, which bikeways are a part of the COUNTY'S Master
12 Plan of Countywide Bikeways, and
12 WHEREAS, the Board of Supervisors by Resolution No. 74-139 adopted the formol
141 procedure for the administration of the Countywide Rikeway Financing Program, which
1$ lproeedvt¢ is outlined in a document on file with the County Clerk, formally known as '.
B the County of Orange Countywide Cooperative Bikeway Financing Program Procedure Manual.
17 and
18N WHEREAS, It is mutually agreed between the parties that
19 "a Trabuco Crook and San Juan Creek Bikoweys
2011
2211 included in the Orange County Master Plan of Countywide Bikeways is o bikeway/. of
28 general COUNTY interest and should be constructed in accordance with the policies,
24 liprocedures and standards of the Countywide Cooperative Bikeway Financing Program.
2$ Said work of such construction shall be referred to hereinafter as Project/s.
26 . NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
27 1. CITY shall adopt a Mester Plan of Bikeway. within its brom:.a '.a ..._-
281,auntial conformance with the Master Plan of Cnun cywide eikcccys.
29 � _. CITY at its expires shall acquire necessary rights-uf-way.
26 3. CITY shall plan, engineer and administer project/s at its own otpvese.
2= 1 4. COUNTY ...let ance oa a 50-50 matching basis shall -ea .:mead to ...e
construction provided the COUNTY'S share does mt e.maac the
_ . 0s. Fiscal Program. ,
r.w.m l
ATTACHMENT1
t
: ., o. CITY ..-,ha11 notify the N:.rlwta, Dcnebea and :'.irks District of the award
2sof contract and furnish a cost beeokdown of the. major items of expense.
1.
;7 6. Any necessary or desirable changes of the plana and spacificarioss after
.j a contract has been awarded shall be effected by the CITY. Costs associated with
c� these changes shall qualify for matching assistance as long as the contract amount and
e : change orders are within the limits of the COUNTY'S participation in the project.
- ' 7. COUNTY shall transfer to CITY 90 percent (9011 of the C00NTY'S there of
8; the construction contract or 90 Percent (90N of the project/a allocation, whichever
o is less, upon notification of the award of contract and submittal of an invoice.
Ip: S. Upon completion of construction, CITY shall submit copies of bills,
�I auditor warrants and other documents substantiating expenditures, along with its request
for payment of the balance due.
1; 9. Foods to bo used for the Project/s:
14 Y a. The estimated cost of the construction Project/s covered by this
1s egrcement Se:
:o I6 Project No.: 74-140 S 65,500 (San Juan Crack Eikew:
3 1- : Project No.: 74-141 522,600 Qrabuco Creek hikoaa:
l8 Project No.v $
19 b. On the basis of the above estimate, this Project/s will be financed
20 as follows.
74-140 74-141
21 0 COUNTY FUNDS: 28,500 T 9,750
22 CITY FUNDS : $37,000 $12,850
23 " arxeR s0uux: -0- -0-
24 1 TOTAL. : 665,500 $22,600 1+i
_ 30. After completion of construction, CITY shall maintain the structures can !•
.26 facilities in a safe and usable condition.
27 p 11. The policies, procedures and standards outlined in the Countywide aikeway
28 �� Financing Program Procedure Manual herein referred to are made a part hereof as fully
try as if set out here at length and the parties hereto agree to be bound thereby.
lb IN WITNESS WHEREOF, CITY has caused this agrvemen; to be executed o_ _ea
31 mayor and 'attested by its Clerk, and CaWY has caused this agreement to be
32 ° cxecutud by the Chairman of its heard of supervisors and attested by its Clerk
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1p In the 11;111. vrl Linn nIponir.. thvtr nlgnatnr••n, nl.l thcrounto Ally unthurizeu hY ii�e
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2;; City Council and on Board of Rupervisors, respec cively.
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dl PATEU:
8: AMST I
WILLIAM E. ST. JOHN, County Clerk
6 and ex-.ffioio Clerk of the Board
of Supervisors of Orange County,
7I a CaliforniCOUNTY 0 ORANGE.
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Chaitm Board of Suyervi sots
10 '. .tr�1!$JVBO AS TO r--OHM `.+.) City of_Sanuan CaPi
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I •P+d1AR SU1'pcx COUNTY CWNSEL municipal coT ration
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APPROVED AS;''RrPORM
14 CITY ATTOR:VBY pctcet•
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BY. ..._a.. N
181 / Jaron S. Okazaki
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RECEIVED
P
Jal S Ii ssew•TS
7 RESOLUTION OF THE BOARD OF SUPERVISORS OF CITY OF
2 ORANGE COUNTY, CALIFORNIA SAN ;UAN
3
December 17, 1974 CAPBTR4NO
I
4 On motion of Supervisor Riley, duly seconded and carried, the
3following Resolution was adopted;
6 WHEREAS by Resolution No. 74-774 this Board adopted projects
7 approved for County matching funds to cities under the Countywide
8 Cooperative Bikeway Financing Program (CCBFP) and included among the
9 approved projects were three routes for which this Board granted a total i
10 of $41,000 to the City of San Joan Capistrano for bikeway construction,
11 and
12 WHEREAS the City of San Joan Capistrano has determined that during
13 the fiscal year 1974-1975 it will be unable to build the "Vereda Bikeway"
14 � route which was approved for $21,000, due to inability to secure the
i
15 � necessary right of way, and
.S` 16 WHEREAS the updated engineering estimate by the City is much higher
a than the original estimate upon which the City's funding proposal was
18 based,
19 NOW, THEREFORE, BE IT RESOLVED that this Board approves the request
20 of the City of San Juan Capistrano to delete Vereda Bikeway and to change
21 the approved funding to San Jose Capistrano under the Countywide Coopera-
22 tive Bikeway Financing Program to $38,250.
23 BE IT FURTHER RESOLVED that the Project Administration Agreement
24 with the City of San Juan Capistrano providing for a total contribution
25 from the County in the amount of $38,250, is hereby approved and the
26 Chairman of this Board is authorized to execute said Agreement and the
27 Clerk of this Board is directed to attest to same.
20 E�
29
AYES: SUPERVISORS THOMAS F. RILEY, RALPH B. CLARK, R. W. BATTIN,
30 DAVID L. BAKER AND RALPH A. DIEDRICH
31 NOES: SUPERVISORS NONE
32 ABSENT: SUPERVISORS NONE ^
Resolution No. 74-1822
a�
Approve Modification San Juan
JRF/ A1
p:strano CCBFP _
I STATE OF CALIFORNIA )
2 COUNTY OF ORANGE )
3 1, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board
s
4 of Supervisors of Orange County, California, hereby certify that the
i
5 above and foregoing Resolution was duly and regularly adopted by the
j
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8 said Board at a regular sweeting thereof held on the 17th day of �
Decemer 7k unanimous
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7 , 19 , and passed by a vote ;t
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8 of said Board 4
e IN WITNESS WHEREOF, Y have hereunto set my hand and seal this
I
10 17th day of December 19 74
� 's
11
12 W. E. ST JOHN f
County Clerk and ex-officio Clerk
13 of the Board of Supervisors of
Orange County, California
14 ;r
is Deputy...
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May 4,2011 Agreement No.D10.015
Bikeways Adjacent to L01,L02,and
L03 in San Juan Capistrano
AGREEMENT
This AGREEMENT,hereinafter referred to as"AGREEMENT",for the purposes of identification
hereby number-D10-015 and dated day of , 2011, is
BY and BETWEEN
The ORANGE COUNTY FLOOD CONTROL
DISTRICT,a body corporate and politic,
hereinafter referred to as"DISTRICT,
The CITY OF SAN JUAN CAPISTRANO,a
general law city,
hereinafter referred to as"CITY,"
and
COUNTY OF ORANGE, a political subdivision of
the State of California, hereafter referred to as
"COUNTY"
which are sometimes individually referred to as"PARTY,"or collectively referred to as"PARTIES."
RECITALS
WHEREAS,CITY seeks to re-construct and maintain a portion of pedestdan/bikeway within
DISTRICT's right of way adjacent to Trabuco Creek Channel in compliance with CITY's Del Obispo
Bridge Widening project;
WHEREAS,CITY may in the future desire to construct pedestrian/bikeways adjacent to San Juan
Creek Channel,Trabuco Creek Channel,and Oso Creek Channel within DISTRICT's existing and
possible future right of way in CITY's boundary;
WHEREAS,CITY and COUNTY entered into an agreement on December 17, 1974 whereby
COUNTY paid a portion of construction cost to CITY to construct the pedestdan/bikeways adjacent to
San Juan Creek Channel and Trabuco Creek Channel as a part of the COUNTY's Master Plan of
Countywide Bikeways,following the construction of which CITY agreed to operate and maintain the
structures and facilities in a safe and usable condition;
WHEREAS,CITY and COUNTY agree to cancel as of the date of this AGREEMENT the portions
of the agreement dated December 17, 1974 requiring continuing performance by CITY for the operation
-Page 1 of 21 -
ATTACHMENT 2
May 4,2011 Agreement No.D10-015
Bikeways Adjacent to L01,L02,and
L03 in San Juan Capistrano
and maintenance of the pedestriantbikeways within DISTRICT right of way In CITY's boundary and
substitute in its place the requirements for CITY operation and maintenance of all pedestdan/bikeways
adjacent to San Juan Creek Channel and Trabuco Creek Channel within DISTRICT's right of way in
CITY's boundary described in the agreement dated December 17, 1974;
WHEREAS, DISTRICT constructed a temporary bike trail detour in accordance with DISTRICT's
San Juan Creek Channel sheet-pile project;
WHEREAS, CITY seeks permission to use the temporary bike trail detour(hereinafter referred to
as"BIKE TRAIL CONNECTOR")from DISTRICT and to incorporate BIKE TRAIL CONNECTOR as part
of CITY's permanent bike trail system;
WHEREAS, CITY agrees to hold DISTRICT harmless for CITY's use of BIKE TRAIL
CONNECTOR and agrees to be responsible,at its own expense,for the operation and maintenance of
the BIKE TRAIL CONNECTOR and any further construction activities related to the BIKE TRAIL
CONNECTOR;
WHEREAS,CITY desires to enter into this AGREEMENT with DISTRICT for the operation and
maintenance of all existing and future pedestdan/bikeways, including but not limited to
pedestdan/bikeways described in the agreement dated December 17, 1974, improvements in compliance
with CITY's Del Obispo Bridge Widening project,and BIKE TRAIL CONNECTOR adjacent to San Juan
Creek Channel,Trabuco Creek Channel,and Oso Creek Channel within DISTRICT's right of way in
CITY's boundary(hereinafter referred to as"PEDESTRIAN/BIKEWAYS"); and,
WHEREAS, DISTRICT has determined that the recreational uses and PEDESTRIAN/BIKEWAYS
proposed and/or constructed by CITY will not impair or diminish existing or probable future requirements
for flood control protection provided such PEDESTRIAN/BIKEWAYS are constructed in accordance with
DISTRICT requirements as determined by DISTRICT in its sole discretion and PEDESTRIAN/BIKEWAYS
are constructed,operated,maintained and used in accordance with the terms and conditions of this
AGREEMENT.
-Page 2 of 21 -
May 4, 2011 Agroement No.D10.015
Bikeways Adjacont to 1-01,L02,and
L03 in San Juan Capistrano
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
The intentions of the PARTIES as described in the above recitals are incorporated into this
AGREEMENT.
ARTICLE 1
DESCRIPTION OF PREMISES
1.1. CIN shall be allowed to use DISTRICTs right of way as generally shown on Exhibit A in
accordance with the terms and conditions of this AGREEMENT. This portion of DISTRICT's right
of way shall be referred to hereinafter as the"PREMISES".
ARTICLE 2
CONSIDERATION
2.1, CITY shall be permitted use of the PREMISES at no cost to CITY. CITY agrees,however,that
DISTRICT shall have no financial obligation to contribute to the design,construction,removal,
relocation, reconstruction,and/or maintenance of any PEDESTRIAN/BIKEWAYS on the
PREMISES.
2.2. CITY shall be responsible for continuing the operation and maintenance of the
PEDESTRIANIBIKEWAYS within DISTRICT right of way during the term of this AGREEMENT as
defined in Article 6 below.
ARTICLE 3
REPRESENTATIVES
3.1. DISTRICT REPRESENTATIVE
Director of Orange County Public Works Department or his designee, hereinafter referred to as
"DIRECTOR,"shall be DISTRICTs representative in all matters pertaining to this AGREEMENT.
-Page 3 of 21 -
May 4,2011 Agreement No.D10.015
Bikeways Adjacent to L01,L02,and
L03 in San Juan Capistrano
3.2. CITY REPRESENTATIVE
The San Juan Capistrano City Manager,or an authorized designee,hereinafter referred to as
"CITY OFFICER"shall be CITY's representative in all matters pertaining to this AGREEMENT.
ARTICLE 4
USE OF PREMISES BY CITY AND GENERAL PUBLIC
4.1. PERMITTED USES
CITY shall be permitted to use the PREMISES to build PEDESTRIAN/BIKEWAYS,and to
operate and maintain PEDESTRIAN/BIKEWAYS for use by the general public.
4.2. CITY'S RIGHTS ARE NONEXCLUSIVE
CITY's use of the PREMISES shall be nonexclusive and acknowledges that the primary purpose
of DISTRICT's right of way,including, but not limited to PREMISES is for flood control purposes
and to protect the safety, health and welfare of the public. Consequently,DISTRICT reserves the
right in its sole and absolute discretion to use the PREMISES as necessary to access,construct,
improve, expand, enlarge, repair,and maintain the DISTRICT flood control facilities,and all other
purposes permitted by law. At its own expense,CITY shall be responsible for the rerouting of the
PEDESTRIAN/BIKEWAYS whenever DIRECTOR directs,and CITY agrees to indemnify,defend
with counsel approved by DISTRICT,and hold DISTRICT and COUNTY harmless from any and
all claims,losses,or liabilities, arising from alleged injury or damage to persons or property
arising out of any rerouting of the PEDESTRIAN/BIKEWAYS.DISTRICT shall provide CITY with
at least one working day notice of the need to temporarily close the facility for such work unless
emergency conditions require immediate action by DISTRICT in which case CITY shall be
notified within a reasonable period of time.
4.3. EMERGENCY RESTRICTIONS ON USE
CITY agrees that DIRECTOR may temporarily suspend public use of PREMISES if DIRECTOR
determines, in DIRECTOR's sole and absolute discretion,that emergency conditions exist such
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U
May 4,2011 Agroement No.D10.015
Bikeways Adjacent to L01.L02,and
L03 in San Juan Capistrano
that use of PREMISES by the general public present a risk to the general public's health, safety
or welfare. DISTRICT shall notify CITY as soon as practicable of the emergency.
ARTICLE 5
PROHIBITED USES
5.1. MOTORIZED VEHICLES
CITY shall not allow any non-DISTRICT or non-CITY motorized vehicles, except private
maintenance vehicles specifically authorized under contract with CITY,to operate within the
PREMISES.
5.2. HAZARDOUS MATERIALS
CITY shall not cause or permit any"HAZARDOUS MATERIAL"as hereinafter defined,to be
brought upon, kept, or used in or about the PREMISES. CITY shall promptly take all action,at its
sole cost and expense,as is necessary to clean, remove and restore the PREMISES to its
condition prior to the introduction of such HAZARDOUS MATERIAL, provided CITY shall first
have obtained DIRECTOR'S written approval and the approval of any necessary governmental
entities or agencies for any such remedial action.
As used herein,the term"HAZARDOUS MATERIAL"means any hazardous or toxic substance,
material or waste which is or shall become regulated by any governmental entity or agency,
including,without limitation, COUNTY acting in its governmental capacity, the State of California
or the United States government.
ARTICLE 6
TERM OF THE AGREEMENT
6.1. INITIAL TERM
This AGREEMENT shall commence on the date the AGREEMENT is approved by the
•DISTRICT's Board of Supervisors and shall continue for ten(10)years unless terminated in
accordance with the provisions of Article 7 of this AGREEMENT.
-Page 5 of 21 -
May 4,2011 Agreement No.D10.015
Bikeways Adjaeont to 1.01,1-02,and
L03 in San Juan Capistrano
6.2. RENEWAL
At the end of the Initial Term,this AGREEMENT will automatically renew for an additional one
year term upon the same covenants,terms and conditions unless either PARTY notifies the other
in writing of its intention to terminate this AGREEMENT at least sixty(60)days prior to the
expiration of the Initial Term. If sixty(60)days prior to the end of the one-year extended term,
neither PARTY has given the other notification of its intention to terminate,this AGREEMENT
shall continue In full force and effect upon the same covenants,terms and conditions for a further
term of one(1)year,and for annual terms thereafter until terminated by either PARTY by giving
the other PARTY written notice of its intention to so terminate at least sixty(60)days prior to the
end of any such annual term. However,in no event shall this AGREEMENT, including all
extensions and renewals,continue in effect for a period exceeding fifty(50)years.
ARTICLE 7
TERMINATION
7.1. TERMINATION BY DISTRICT
CITY acknowledges that the primary purpose of the PREMISES is for flood control purposes.
CITY agrees that DISTRICT may terminate this AGREEMENT without liability if DISTRICT
determines in its sole and absolute discretion that PREMISES are needed to reconstruct, modify,
repair,expand, improve or enlarge DISTRICT's facilities and the PEDESTRIAN/BIKEWAYS
cannot be relocated so as not to interfere with DISTRICT's reconstructed,modified,repaired,
expanded, Improved or enlarged facilities. If PEDESTRICAN/BIKEWAYS can be relocated
without interfering with DISTRICTS reconstructed, modified,repaired, expanded,improved or
enlarged facilities,CITY may relocate the PEDESTRIAN/BIKEWAYS to a location approved in
advance In writing by DISTRICT within ninety(90)days of being notified by DISTRICT.CITY shall
be solely responsible for all costs and expenses related to or arising from relocating the
PEDESTRIAN/BIKEWAYS, including but not limited to,the rerouting of the
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May 4,2011 Agroement No.D10-015
Bikeways Adjacent to 1-01,1-02,and
L03 in San Jim Capistrano
PEDESTRIAN/BIKEWAYS. DISTRICT shall notify CITY of its intention to terminate the
AGREEMENT pursuant to this section by giving CITY ninety(90)days written notice.
7.2. TERMINATION BY CITY
CITY may terminate this AGREEMENT by giving DISTRICT ninety(90)days written notice. In
the event of such termination by CITY, CITY shall remove any improvements that it has placed on
the PREMISES if requested by DISTRICT and restore the PREMISES to the condition that
existed prior to this AGREEMENT. This obligation to restore the PREMISES shall survive the
termination of this AGREEMENT.
7.3 TERMINATION DUE TO BREACH OF THE AGREEMENT
If CITY is in material breach of the AGREEMENT,and fails to diligently cure said breach within a
reasonable period of time as determined by DIRECTOR in his sole and absolute discretion,
DISTRICT may terminate the AGREEMENT.
7.4 NOTICE OF TERMINATION
All notices of termination shall be made in writing in accordance with the requirements of Article
11 of this AGREEMENT.
ARTICLE 8
PEDESTRIAN/BIKEWAYS
8.1 AUTHORIZED IMPROVEMENTS
CITY may construct PEDESTRIANIBIKEWAYS as described below when approved in writing by
DISTRICT:
(a) Pathways constructed of asphalt and/or concrete;
(b) Fencing that may consist of one or more of the following:wrought iron;powder coated
metal;chain link;metal safety railing;
(c) Signage for the pedestdantbikeway routes;
(d) Landscaping and bio-swale at northeast of the Del Obispo Bridge;
(e) An irrigation system for the landscaping;
(f) Replacement of existing forty-eight(48)inch diameter reinforced concrete pipe, located
on the east side of the channel,approximately thirty-five(35)feet north of the Del Obispo
Street Bridge, as necessary;
(g) Slope work and retaining walls.
-Page 7of21 -
May 4,2011 Agreement No.D10.015
Bikeways Adjacent to L01,L02,and
L03 in San Juan Capistrano
8.2 DISTRICT REVIEW AND APPROVAL OF PEDESTRIAN/BIKEWAYS
Prior to the construction of any PEDESTRIAN/BIKEWAYS on PREMISES,CITY shall submit the
plans and specifications for PEDESTRIANIBIKEWAYS to DIRECTOR for his review and
approval. PEDESTRIANIBIKEWAYS shall be designed and constructed:(1) so as to assure that
they do not interfere with the flood control purposes of DISTRICT facilities; (2)so as not to
interfere with or increase the cost to DISTRICT for the maintenance or operation of DISTRICT's
facilities; (3)where the design shall be based on established criteria and standards and all other
applicable rules and regulations governing the design and construction of this type of bike trails.
Approval of the plans and specifications of PEDESTRIANIBIKEWAYS shall be within
DIRECTOR's sole and absolute discretion. CITY acknowledges, however,that the design of
PEDESTRIANIBIKEWAYS was/will not be prepared by DISTRICT and that DISTRICTS approval
of the plans and specifications shall not be deemed the approval of PEDESTRIANIBIKEWAYS'
safety,suitability for the bike trail purpose or any other purpose,or compliance with the
engineering requirements of any governmental agency or regulation. Consequently,CITY agrees
that CITY is solely and absolutely responsible for design,construction and operation of
PEDESTRIANIBIKEWAYS.
Said plans and specifications shall be submitted by CITY for DISTRICT's review via an
encroachment permit application through OC Public Works'County Property Permits section and
shall be subject to applicable permit and inspection fees.
8.3 OTHER APPROVALS FOR PEDESTRIANIBIKEWAYS
CITY shall be responsible at its sole cost and•expense to secure and comply with any other
approvals required to construct,operate and/or maintain its improvements. DISTRICT is not
responsible for obtaining any such approvals nor shall DISTRICT be named as co-applicant in
any regulatory agreement or permit applications.
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V
May 4,2011 Agreement No.D10-015
Bikeways Adjacent to L01,L02,and
L03 in San Juan Capistrano
CITY shall be responsible to satisfy all the requirements of any such agreements and/or permits
and satisfy any conditions imposed by any regulatory agency for the issuance of any such
approvals. CITY shall not agree to any conditions that impose any obligations on DISTRICT.
If any regulatory agency requires that any property is set aside as mitigation for CITY's
PEDESTRIAN/BIKEWAYS,that mitigation shall not be on PREMISES nor shall DISTRICT have
any obligation to monitor or maintain that mitigation or contribute any costs therefor.
CITY shall provide DISTRICT and OC Public Works' Permit Services/Regulatory Permits with
copies of all regulatory permits and/or agreements and conditions for its review and written
approval prior to CITY's agreeing to any such terms and conditions. Copies of any and all current
permits issued shall be available for inspection by DISTRICT's personnel.
8.4 CONSTRUCTION OF PEDESTRIAN/BIKEWAYS
CITY shall notify DIRECTOR two(2)weeks prior to beginning construction of its
PEDESTRIAN/BIKEWAYS on PREMISES.Any Contractor hired by CITY to construct
PEDESTRIAN/BIKEWAYS on PREMISES shall be required to:
(a) Maintain insurance that complies with the insurance requirements specified in Exhibit B;
(b) Indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless
DISTRICT,the COUNTY,their elected and appointed officials, officers, employees,
agents and contractors(hereinafter"DISTRICT/COUNTY INDEMNITEES") harmless
from any and all claims,losses,or liability,arising from injury or damage to persons or
property related to Contractor's, its subcontractor's,their employee, agents or invitees
activities on,within, upon, under or over PREMISES unless such injury or damage is
caused by the sole negligence or willful misconduct of DISTRICT,COUNTY or the
DISTRICT/COUNTY INDEMNITEES;
(c) Provide DIRECTOR with a copy of its Notice of Intent to comply with the National
Pollutant Discharge Elimination System(hereinafter referred to as"NPDES")permit
covering construction activities and to fully comply with the requirements of that NPDES
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permit. Contractor shall also be required to comply with the requirements of the Drainage
Area Management Plan, Local Implementation Plan as specified in Article 13
(Stormwater Regulations)of this AGREEMENT for activities to be conducted by the
contractor and its subcontractors on PREMISES;
(d) No construction materials are to be stored in such a way as to impede and/or interfere
with any bikeway use,channel inspection or maintenance operations.
Any DISTRICT improvements disturbed,damaged, vandalized or removed as a result of CITY's
construction activities within, upon, under or over PREMISES shall be repaired, restored or
replaced at CITY's expense in conformance with OC Public Works Standard Plans and to the
satisfaction of the DIRECTOR within sixty(60)calendar days of the issuance of written notice by
DIRECTOR. If CITY and/or its contractor fail to repair, restore or replace DISTRICT's
improvements within sixty(60)calendar days, DIRECTOR may,in his sole and absolute
discretion, cause the repair, restoration or replacement of DISTRICT's improvements to be
completed by DISTRICT personnel or DISTRICT contractors and CITY shall be solely
responsible for these costs and expenses. CITY agrees that in an emergency situation which
threatens the public's health,safety or welfare as determined by DIRECTOR in his sole and
absolute discretion, DIRECTOR shall be permitted to cause the repair, replacement or restoration
of DISTRICT's improvements without prior notice to CITY and CITY shall be solely responsible
for the cost of such repair, restoration or replacement in accordance with the procedures
described above.
8.6 MAINTENANCE OF PEDESTRIAN/BIKEWAYS
CITY shall be solely responsible at its sole cost and expense for the operation,maintenance,
repair, relocation,and/or replacement of PEDESTRIAN/BIKEWAYS on PREMISES.
8.6 DISTRICTS RIGHTS TO REMOVEIRELOCATE PEDESTRIANIBIKEWAYS
If DIRECTOR in his sole and absolute discretion determines use of CITY
PEDESTRIAN/BIKEWAYS must be prevented for any reason, or need to be modified,relocated
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or removed in whole or in part, DISTRICT shall notify CITY in writing and CITY shall modify,
relocate or remove all or a portion of PEDESTRIAN/BIKEWAYS as directed by DIRECTOR at
CITY's sole cost and expense within one hundred twenty(120)calendar days of the date of
DIRECTOR's written notification to CITY or within a longer time period if agreed to by
DIRECTOR.
CITY agrees that in an emergency situation which threatens the public's health,safety or welfare
as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR shall be permitted
to prevent use of,or cause modification, relocation or removal of all or a portion of
PEDESTRIAN/BIKEWAYS without prior notice to CITY. DISTRICT will endeavor to notify CITY of
its intent to remove CITY PEDESTRIAN/BIKEWAYS as soon as practicable but in no case shall
such notice be provided greater than one week after DISTRICT modifies relocates or removes
such PEDESTRIAN/BIKEWAYS.
CITY agrees that if any of PEDESTRIAN/BIKEWAYS are disturbed,damaged or removed by
DISTRICT, CITY shall be responsible for replacing,repairing, restoring or removing
PEDESTRIAN/BIKEWAYS to the satisfaction of DIRECTOR solely at CITY's cost and expense.
8.7 FENCING AND SITE SECURITY
Security of the PEDESTRIANIBIKEWAYS shall be CITY's responsibility and at CITY's expense.
CITY shall develop a plan to assure that DISTRICT's adjoining flood control facility is not
accessible to the public using the PEDESTRIAN/BIKEWAYS on PREMISES but is accessible to
DISTRICT personnel from PREMISES(hereinafter referred to as"SECURITY/ACCESS PLAN").
This SECURITY/ACCESS PLAN shall show the placement of all fencing securing the
PREMISES, including any proposed fencing located along the property line. This
SECURITY/ACCESS PLAN shall also include the placement of any proposed gates as well as
information concerning whether the proposed gates will be left open and if so when they will be
open. This SECURITY/ACCESS PLAN shall be developed in consultation with DIRECTOR,and
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reviewed and approved in writing by DIRECTOR in advance of implementation and within ninety
(90)days of the date of this AGREEMENT.
For any masonry/block wall that is located all or in part on private property outside of the
PREMISES, CITY shall be solely responsible for obtaining the necessary right-of-way and for
maintaining the portion of the masonry/block wall fencing the PREMISES at its sole cost and
expense during the term of this AGREEMENT. If the private property owner refuses to allow CITY
on its private property to perform any necessary repairs on the masonry/block wall,and the
masonry/block wall presents a hazard to persons using the PEDESTRIAN/BIKEWAYS,CITY
shall at its sole cost and expense install other fencing on PREMISES to secure PREMISES.This
replacement fencing shall meet the DIRECTOR's written approval and be designed and
constructed at no cost to DISTRICT.
If CITY subsequently removes the masonry/block wall for any reason,CITY shall construct a
replacement wall or fence meeting DIRECTOR's written approval at no cost to DISTRICT.
8.8 GRAFFITI REMOVAL
CITY agrees to be responsible at its sole cost and expense for keeping all
PEDESTRIAN/BIKEWAYS and all publicly accessible DISTRICT facilities free of graffiti.CITY
shall regularly inspect these improvements for graffiti and shall remove all graffiti from the
improvements and DISTRICT facilities within two(2)working days of inspection or notification of
the graffiti.CITY shall identify a contact person at the CITY responsible for graffiti removal and
shall keep OC Public Works'/Operations&Maintenance informed of CITY's contact person and
access requirements for this operation by calling 714-955-0213. CITY shall perform any graffiti
removal work in compliance with the requirements of Article 13 of this AGREEMENT by
implementing appropriate Best Management Practices(hereinafter referred to as"BMPs")to
prevent all materials, including paint or chemicals used in graffiti removal and any debris
associated with the proposed project,from entering Into the channel and/or DISTRICT maintained
areas.
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8.9 LANDSCAPING
CITY shall prepare a landscaping plan for the PREMISES within one hundred eighty(180)days
of the date of this AGREEMENT. This plan shall be reviewed and approved in writing by
DIRECTOR before implementation.The CITY shall install and maintain the approved landscaping
at its sole cost and expense.
ARTICLE 9
INDEMNITY AND INSURANCE PROVISIONS
9.1 CITY'S INDEMNITY OBLIGATIONS
CITY agrees that it shall indemnify,defend with counsel approved in writing by DISTRICT,
release and hold DISTRICT,COUNTY,and/or DISTRICT/COUNTY INDEMNITEES harmless
from any and all claims,losses,or liability,arising from alleged injury or damage to persons or
property arising out of. (a)breach of the terms and conditions of this AGREEMENT by CITY, (b)
the willful misconduct or negligent acts or omissions of CITY in connection with this
AGREEMENT, (c)the material or other things used or employed in performing construction work,
(d)injury to or death of any person or persons(either workman, employees of CITY or its
contractors,subcontractors or the public)or damage to adjacent or other property caused by the
performance of construction work being performed to construct PEDESTRIAN/BIKEWAYS on
PREMISES or(e)Injury to or death of any person or persons(either workman,employees of
CITY or its contractors,subcontractors or the general public using PEDESTRIAN/BIKEWAYS)or
damage to property arising from use by any person or persons of PEDESTRIAN/BIKEWAYS on
PREMISES.(f)injury to or death of any person or persons(either workman, employees of CITY
or its contractors, subcontractors or the general public using PEDESTRIAN/BIKE WAYS)or
damage to property arising from CITY's operation and maintenance activities on PREMISES. (g)
injury to or death of any person or persons(either workman,employees of CITY or its
contractors,subcontractors or the general public using PEDESTRIAN/BIKE WAYS)or damage to
property arising from the design of PEDESTRIAN/BIKE WAYS on PREMISES.
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Nothing contained in this section shall operate to relieve DISTRICT and/or the
DISTRICT/COUNTY INDEMNITEES from any loss,injury,liability,damages,claims,costs or
expenses to the extent determined by a court of competent jurisdiction to have been proximately
caused by the willful misconduct or negligent acts or omissions of DISTRICT and/or the
DISTRICT/COUNTY INDEMNITEES or any of them.
The indemnity obligations created by this section as well as any other indemnity obligations
created by this AGREEMENT shall survive the termination of this AGREEMENT,to the extent
that a claim is based on an event which occurred prior to termination.
9.2 INSURANCE
During the term of this AGREEMENT CITY shall maintain insurance or self-insurance and cause
its contractors to maintain insurance in accordance with the insurance requirements set forth in
Exhibit B.
ARTICLE 10
ASSIGNMENT/THIRD PARTY BENEFICIARY PROVISIONS
10.1 ASSIGNMENT BY CITY PROHIBITED
CITY acknowledges that its rights and obligations pursuant to this AGREEMENT are non-
transferable without the prior written consent of DISTRICT. Any attempt by CITY to transfer all or
part of its rights or obligations under this AGREEMENT to another party shall be null and void. If
CITY wishes to transfer PEDESTRIAN/BIKEWAYS and/or any of its rights or obligation under this
AGREEMENT to another party, DISTRICT may require that the proposed successor enter into a
separate agreement with DISTRICT with additional terms and conditions.
DISTRICT may, but is under no obligation to,record this AGREEMENT to provide notice to
proposed assigns or successors that this AGREEMENT is nontransferable without the express
written consent of the DISTRICT's Board of Supervisors.
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10.2 NO THIRD PARTY BENEFICIARY
This AGREEMENT is not intended to give or confer any benefits, rights,privileges,claims,
actions,or remedies to any person,group or entity, including but not limited to the State and/or
members of the general public authorized to use the PREMISES,as a third party beneficiary,
decree,or otherwise. The CITY and the DISTRICT are and will remain the only entities with
standing to enforce any of the covenants,terms and conditions of this AGREEMENT.
ARTICLE 11
NOTICE
11.1 NOTICES
All notices or other communications required or permitted under this AGREEMENT shall be
provided to the following official at the specified address.
City of San Juan Capistrano
Attn.:City Manager
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
ORANGE COUNTY FLOOD CONTROL DISTRICT
Director of Orange County Public Works
P.O. Box 4048
Santa Ana, CA 92702-4048
(San Juan Creek Channel(1-01),Trabuco Creek Channel(1-02)and Oso Creek Channel
(1-03))
11.2 FORM AND TIMING OF NOTICE
All notices shall be in writing, and shall be personally delivered or sent by registered or certified
mail, postage prepaid, return receipt requested,or be sent by overnight courier and shall be
deemed received upon the earlier of:
(a) If personally delivered,the date of delivery to the address of the person to receive such
notice;
(b) If mailed,three(3)business days after the date of posting by the United States Post
Office;or
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(c) If sent by overnight courier,when delivered.
11.3 CHANGES OF PERSON TO RECEIVE NOTICE
Either PARTY may change the person or official to receive notice by sending a written notice of
that change to the other PARTY.
ARTICLE 12
ACCESS To DISTRICT'S CHANNEL
12.1 CITY LOCKS
CITY shall be allowed to install a CITY lock on DISTRICTs gates if required for access to the
CITY PEDESTRIAN/BIKEWAYS, provided CITY ensures that DISTRICT retains its ability to
access its facilities.
12.2 DISTRICT ACCESS GATES
DISTRICT access gates not used by the public are to be immediately locked upon entering or
exiting DISTRICT channel right of way.
12.3 USE OF DISTRICT ROADS
CITY acknowledges that the use of earthen DISTRICT access roads is prohibited during
inclement weather or when DISTRICTs earthen access roads are wet. When DISTRICTs
earthen access roads are wet, CITY's access will be limited to pedestrian access only and CITY
shall allow such access only if CITY determines the conditions are safe and do not warrant the
CITY's closure of such access by the public. Nothing in this paragraph shall diminish
DIRECTOR'S authority to order closure of the PEDESTRIAN/BIKEWAYS when deemed
necessary by DIRECTOR.
ARTICLE 13
STORMWATER
13.1 COMPLIANCE WITH STORMWATER REGULATIONS
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CITY and all CITY's,agents,employees and contractors shall maintain the PREMISES so as to
assure that pollutants do not enter the DISTRICT's facilities from the PREMISES.
The San Diego Regional Water Quality Control Board(hereinafter referred to as'RWQCB")has
issued permits which regulate stormwater and non-stormwater discharges(Stormwater Permits)
resulting from areas owned and operated by the DISTRICT including activities conducted under
this AGREEMENT. The COUNTY and cities within Orange County have enacted water quality
ordinances that prohibit activities that result in pollutants being discharged into the Stormwater
drainage system,including DISTRICT facilities.
To ensure compliance with Stormwater Permits and water quality ordinances, DISTRICT and
COUNTY have developed a Drainage Area Management Plan including a Local Implementation
Plan(hereinafter referred to as"DAMP/LIP')that contains Model Maintenance Procedures with
BMPs that parties using DISTRICT owned properties must adhere to. These Model Maintenance
Procedures contain pollution prevention and source control techniques to minimize the impact of
those activities upon dry-weather urban runoff,stormwater runoff, and receiving water quality.
CITY shall review and assure that its contractors working on PREMISES review the applicable
Model Maintenance Procedures contained in the DAMP/LIP. Activities performed on the
PREMISES under this AGREEMENT shall conform to the requirements of the Stormwater
Permits,the DAMP/LIP,and the Model Maintenance Procedures, as they exist at the time this
AGREEMENT commences and as Stormwater Permits,the DAMP/LIP,and/or the Model
Maintenance Procedures are modified throughout the term of this AGREEMENT.The BMP's
applicable to uses authorized under this AGREEMENT must be performed as described within all
applicable Model Maintenance Procedures. CITY shall fully understand the Model Maintenance
Procedures applicable to operations conducted on the PREMISES prior to conducting them.
CITY and/or its contractors may propose alternative BMPs that meet or exceed the pollution
prevention performance of the Model Maintenance Procedures. Any such alternative BMPs shall
be submitted to DIRECTOR for his review and written approval prior to implementation.
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CITY acknowledges it may be required in the future by a regulatory agency such as the RWQCB
to implement a self-evaluation program to demonstrate compliance with the requirements of this
article.
ARTICLE 14
EXHIBITS
14.1 EXHIBITS
This AGREEMENT incorporates by this reference,the following exhibits,which are attached
hereto and incorporated herein:
Exhibit A—Description of PREMISES
Exhibit B--DISTRICT Insurance Requirements
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 ENTIRE AGREEMENT
This document sets forth the entire AGREEMENT among DISTRICT,COUNTY and CITY
pertaining to this matter,and may be modified only by further written amendment*between the
PARTIES hereto.
15.2 AMENDMENTS
It is mutually understood and agreed that no addition to, alteration of, or variation of the terms of
this AGREEMENT, nor any oral understanding or agreement not incorporated herein, shall be
valid unless made in writing and signed and approved by all necessary PARTIES.
15.3 COMPLIANCE WITH APPLICABLE LAW
Each PARTY and their contractors shall at all times and in all respects comply with all applicable
federal,state and local laws,ordinances regulations and permits.
15.4 CALENDAR DAY(SI
Any reference to the word"day"or"days"herein shall mean calendar day or calendar days,
respectively,unless otherwise expressly provided.
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15.5 WAIVER OF RIGHTS
The failure of DISTRICT to insist upon strict performance of any of the terms,covenants or
conditions of this AGREEMENT shall not be deemed a waiver of any right or remedy that
DISTRICT may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms,covenants and conditions of this AGREEMENT thereafter, nor a
waiver of any remedy for the subsequent breach or default of any term,covenant or condition
of this AGREEMENT.
15.6 SEVERABILITY
If any part of this AGREEMENT is held,determined or adjudicated to be illegal,void or
unenforceable by a court of competent jurisdiction,the remainder of this AGREEMENT shall be
given effect to the fullest extent reasonably possible.
15.7 AUTHORITY
The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been duly
authorized and executed and constitutes the legally binding obligation of their respective
organization or entity,enforceable in accordance with its terms.
15.8 CONSTRUCTION
The PARTIES acknowledge that the PARTIES and their counsel have reviewed and revised this
AGREEMENT and that the normal rule of construction-to the effect that any ambiguities are to
be resolved against the drafting PARTY-shall not be employed in the interpretation of this
AGREEMENT or any exhibits or amendments hereto.
15.9 EXECUTION IN COUNTERPARTS
This AGREEMENT may be executed in any number of counterparts,each of which shall be
deemed to be an original,and all of such counterparts shall constitute one agreement. To
facilitate execution of this AGREEMENT,the PARTIES may execute and exchange by telephone
facsimile counterparts of the signature pages.
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IN WITNESS WHEREOF,each PARTY hereto has executed this AGREEMENT by its duly
authorized representatives as of the date set forth above. .
City of San Juan Capistrano, California,
a general law city
Date: BY:
Sam Allevato
Mayor
Attest:
Date, BY:
Maria Morris
City Clerk
APPROVED AS TO FORM:
City Attorney,Omar Sandoval
Date:
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Orange County Flood Control District,
a body corporate and politic
Date: By
Chair of the Board of Supervisors
Orange County,CA
County of Orange,
a political subdivision
of the State of California
Date: By
Chair of the Board of Supervisors
Orange County,CA
Signed and certified that a copy of this document has
been delivered to the Chair of the Board per G.C. Sec
25103, Reso 79-1535
Attest:
Date:
Darlene J. Bloom
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
Office of the County Counsel
Orange County,California
Date:
By
Deputy
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Del Obispo Bridge
OCFCD Right-of-way
(Pedestrian/Bikeway)
T Other's Right-of-way
Potential Future Trail
City Boundaries
Natural Watercourse
Bike Trail Connector
SAN JUAN CREEK CHANNEL (1-01)
EXHIBIT A
TRABUCO CREEK CHANNEL (1-02)
OSO CREEK CHANNEL (1-03) City Bikeway Trail
OC PUBLIC WORKS - FLOOD CONTROL SECTION
U
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this AGREEMENT, CITY shall maintain commercial insurance or
self-insurance to cover its general liability,automobile liability and workers'
compensation exposures associated with this AGREEMENT. Upon request CITY shall
provide DISTRICT with proof of insurance,or a letter evidencing CITY's self-insurance
program acceptable to DISTRICT, within seven (7)days of the effective date of this
AGREEMENT.
CITY shall cause its contractors performing work within the PREMISES,at contractors'
expense,to maintain and provide proof of insurance to CITY as set forth below:
Coverage/Limits
Coverage Minimum Limits
Commercial General Liability with
products and completed operations and $1,000,000 limit per occurrence
contractual liabili $2,000,000 aggregate
Automobile Liability including coverage
for owned non-owned and hired vehicles $1,a00,0a0 limit per occurrence
Workers'Compensation Statutory
Employers'Liability Insurance $1,000,000 per occurrence
Professional Liability Insurance* $1,000,000 per claims made or per
occurrence
*If contractor's Professional Liability policy is a"claims made" policy,contractor
shall agree to maintain professional liability coverage for two years following the
completion of the contract.
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office(ISO)
form CG 00 01,or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01,CA 00 05, CA 00
12,CA 00 20,or a substitute form providing liability coverage as broad.
Oualified Insurer
The policy or policies of insurance must be issued by an insurer licensed to do business in
the state of California(California Admitted Carrier)or have a minimum rating of A-
(Secure A.M. Best 's rating)and VIII (Financial Size Category)as determined by the
Page 1 of 2
EXHIBIT B
most current edition of the Best's Key Rating Guide/Proyerty-Casualt Mnited States
or ambest.com
If the insurance carrier is not an admitted carrier in the state of California and does not
have an A.M.Best rating of A-N1II, the CEO/Risk Management retains the right to
approve or reject a carrier after a review of the company's performance and financial
ratings.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements,
which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a
form at least as broad naming the County of Orange and Orange County Flood
Control District,its elected and appointed officials,officers,employees,agents
as Additional Insureds.
2) A primary non-contributing endorsement evidencing that the contractor's
insurance is primary and any insurance maintained by the County of Orange,
Orange County Flood Control District shall be excess and non-contributing.
3) A Products and Completed Operations endorsement using ISO Form CG2037
(ed. 10/01)or a form at least as broad,or an acceptable alternative is the ISO
from CG2010(ed. 11/85).
All insurance policies required by this contract shall waive all rights of subrogation against the
County of Orange and members of the Board of Supervisors, its elected and appointed officials,
officers,agents and employees when acting within the scope of their appointment or employment.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement
waiving all rights of subrogation against the County of Orange, the Orange County Flood
Control District,and members of their Board of Supervisors,their elected and appointed
officials,officers, employees and agents.
The procuring of such required policy or policies of insurance shall not be construed to limit
CITY and/or its'Contractor's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Contract,nor in any way to reduce the policy coverage and limits
available from the insurer.
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EXHIBIT B