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HomeMy WebLinkAboutCC 13 EL MODENA-IRV AG 06-03-91rwo N DA ((1 CONSENT CALENDAR NO. 13 6-3-91 Inter - o , JATE: MAY 29, 1991 TO: WILLIAM A. HUSTON, CITY MANAGER FRoft PUBLIC WORKS" DE•PARTMENT/-ENGINEERING -DIVISION SUBJECT: EL MODENA-IRVINE CHANNEL IMPROVEMENTS AGREEMENT NO. D90-097 (FILE #1208.5) RECOMMENDATION: That the Tustin City Council approve the El Modena -Irvine Channel cooperative Agreement No. D-90-097 and authorize the Mayor to execute said agreement. BACKGROUND: The proposed E1 Modena -Irvine Channel improvements extend southerly from the Santa Ana (I-5) Freeway to the southerly side of Michelle Drive and will provide flood protection (100 year storm) for the city territory upstream of the Santa Ana (I-5) Freeway. These proposed channel improvements consist of the construction of a vertical wall reinforced concrete channel and the appropriate transition structure southerly of Michelle Drive to return the storm flows to the existing earthen channel. These improvements will allow the remaining portion of the Auto Center Retarding Basin to be filled and provide an additional parcel to be developed as an automobile dealership. The El Modena -Irvine Channel facility is owned and operated by the Orange County Environmental Management Agency (OCEMA) Flood Control District and all work within those rights-of-way must be done under a cooperative project agreement per the attached document. The City has completed the construction plans for the subject improvement and has budgeted funds for the construction of said channel. After construction of said channel, OCEMA will assume all maintenance responsibilities. DISCUSSION: The attached agreement has been reviewed/approved by the City Attorney's office subject to two minor corrections on Exhibit C pertaining to insurance requirements. This agreement generally provides for the following: 1. OCEMA to review and approve the construction plans and specifications. 2. OCEMA to provide a qualified inspector for the construction project with the cost of said inspector being borne by the City. Page 2 3. OCEMA to assume all maintenance responsibilities for the facility after construction and county acceptance of said work. `A City shall provide, construction plans, and. spec'ificatio:ns at- no cost to the county..- 5. ounty.. 5. City shall construct all E1 Modena -Irvine Channel improvements between the Santa Ana (I-5) Freeway and Michelle Drive at no cost to O.C.E.M.A. 6. City shall provide all required CEQA documentation for the project. 7. City shall provide all required rights-of-way at no cost to OCEMA. 8. City to convey all improvements to OCEMA within six months after the completion of construction. It is anticipated that staff will be returning to the City Council in late June or early July for authorization to advertise bids on the project. Staff requests the City Council at their meeting of June 3 11991 by minute order to approve the El Modena -Irvine Channel Cooperative Project Agreement No. D-90-097 and authorize the Mayor to execute said agreement. Robert S. Ledendecker Director of Public Works/City Engineer RSL: k1b: ELMODIRV i 2 3, 4� 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22. 23 24 _n 5 z6 27 28 i® Agreement No. D90-097 - A G R E E M E N T EL MODENA-IRVINE CHANNEL COOPERATIVE PROJECT THIS AGREEMENT, for purposes of identification hereby dated the day of _ 19 , -is. BY AND AMONG ORANGE COUNTY FLOOD CONTROL DISTRICT, a body politic of the State of California, hereinafter referred to as "DISTRICT" AND CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "CITY" W I T N E S S E T H WHEREAS, a partially improved watercourse of regional size, known as El Modena -Irvine Channel (Facility F07) flows between Michelle Drive and I-5 Freeway located as shown on Exhibit A; attached hereto and by reference made a part hereof; and WHEREAS, DISTRICT currently owns an easement for flood control and water conservation purposes along the alignment for El Modena -Irvine Channel; and WHEREAS, CITY proposes to construct certain improvements to this flood control facility, hereinafter called "PROJECT", at CITY's sole cost and expense to provide Flood protection for CITY upstream of I-5 Freeway and such improvements will_ require dedication of fee right-of-way by CITY to DISTRICT; and WHEREAS, CITY has prepared and finalized an environmental assessment per CEQA which includes, among other items, consideration of the environmental impact of the proposed channel improvements; and WHEREAS, upon completion of construction and acceptance of the improved channel and adequate right-of-way, the fee right-of-way is to be conveyed by CITY to DISTRICT; and WHEREAS, DISTRICT may own, operate and maintain such regional watercourse; 17 -Jan -1991 -1- 'I 21 3 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 25 _6 27 28 Agreement No. D907097 and WHEREAS, it is in the public interest for DISTRICT and CITY to cooperate in the planning, design, construction, operation and maintenance of the proposed improvements for the- protection: of the -public from the effect of floods; NOW THEREFORE, IT IS AGREED by and among the parties hereto as follows: SECTION I DISTRICT AGREES: 1. To review the construction plans and specifications for PROJECT prepared -by CITY, and, when satisfactory, the plans shall be approved by DIRECTOR, EMA/REGULATION or his designee by signature thereon. Approval shall be withheld only for good cause. Upon approval of said plans, reproducible drawings shall be filed with DISTRICT and CITY and by reference made a part of this Agreement as though fully set forth herein. 2. To collect from CITY certain engineering and inspection fees equal to "Subdivision Fees" in accordance with Board Resolution No. 90-982. 3. To assign a qualified inspector to the work whose function shall be to verify that PROJECT is constructed in accordance with the plans and specifications pursuant to Section III.2 of this Agreement. 4. After execution of the District Grant Deed, in the form of Exhibit B (attached hereto and by reference made a part hereof), and upon compliance with the conditions contained herein, to accept CITY's conveyance of fee interest described in said Exhibit B. In terms of Tasks associated with accepting CITY's conveyance, DISTRICT's representative shall be DIRECTOR, PUBLIC WORKS. 5. Upon satisfactory completion of construction as evidenced by execution of the following documents: (a) DISTRICT/Environmental Management Agency Project Inspection Completion Report executed by DIRECTOR, EMA/Public Works; and, 17 -Jan -1991 -2- 1 2 3 .4 5 6 7 11 12 3 14 15 16 17 18 19 20 21 22 23. 241 __251 _gi 27 28 Agreement No. D90-097 (b) CITY Project Construction Manager Report of Completion; to assume operation and maintenance responsibilities of PROJECT. 6. Upon completion of the construction and after certification by DISTRICT'.s Inspector that said construction.has.been*accomplished.in accordance with the plans and specifications, DISTRICT shall release said "BONDS". In terms of Tasks associated with release of "BONDS", DISTRICT shall be DIRECTOR, PUBLIC WORKS. SECTION II PTmv nr0000. 1. To obtain the services of a Civil Engineer, duly registered to practice in the State of California, for the purpose of preparing construction plans and specifications for the construction of said PROJECT, consisting of reinforced concrete vertical wall channel section and appurtenant structures. 2. To obtain a soils and foundation investigation report and use its findings and recommendations in the engineer's design of said PROJECT. 3. To design PROJECT in accordance with DISTRICT's.Design Manual, dated July 1972. 4. To use DISTRICT's Hydrology Manual, dated October 1986, and discharges provided in the "Flood Control Master Plan for San Diego Creek" for the design of the PROJECT, unless other criteria are approved by DISTRICT. 5. To construct, at CITY's sole cost and expense, flood control facilities for that portion of E1 Modena -Irvine Channel between Michelle Drive and I-5 Freeway in the City of Tustin as shown.on Exhibit A attached hereto and made part of this Agreement, and as shown on approved construction plans. ✓ 6. Prior to DISTRICT's approval of said plans and specifications, to obtain all appropriate approvals and permits required to construct PROJECT in compliance with requirements of California Environmental Quality Act (CEQA), U.S. Army Corps of Engineers, State of California Department of Fish and Game, Regional 17 -Jan -1991 -3- 1 2i 3 4. 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 0 27, 28 Agreement No. D90-497 Water Quality Control Board, and any additional local jurisdiction; and furnish copies of same to DISTRICT for review and approval prior to DISTRICT approval.of PROJECT plans. 7. Prior to DISTRICT.'s approval of said.plans and -specifications, .to. certify compliance with -the California Environmental Quality Act of 1970 as amended, and conformance with CITY's General. Plan as required.by Section 65402 of the California Government Code, with a copy of such certification provided to DISTRICT. 8. To submit for approval by DIRECTOR, REGULATION or his designee, construction plans, specifications, and a construction cost estimate including but not limited to quantities and unit prices for construction of PROJECT. When approved, this amount shall be the "cost of improvements" referred to in Board Resolution No. 90-982. Submittals shall be in accordance with standard -subdivision procedures established by DIRECTOR, REGULATION. 9. To pay certain engineering and inspection fees in accordance with Board Resolution No. 90-982. 10. Prior to DIRECTOR, REGULATION, approval of said plans, CITY's ti approval of plans shall be shown by signature thereon. 11. To show all limits of the existing easement; and proposed new fee c right-of-way for flood control, water conservation, and ingress and egress on the construction plans. 12. To furnish DISTRICT, prior to beginning construction of PROJECT, copies of: (i) insurance certificates; and (ii) performance bonds or letters of credit (hereinafter referred to as "BOND") obtained from its contractor in the penal sum of the Contractor's bid price. DISTRICT shall also be named as an insured and as a beneficiary on said BONDS. A sample Certificate of Insurance, Improvement Security Faithful Performance Bond, and Improvement Security Labor and Material Bond in the form of Exhibits C, D, and E respectively are attached hereto and by 17 -Jan -1991 -4- 1 2 3 4 5 6 7 8 9 10 11 12 3 14 . 15 16 17 18 19 20 24 22 23 24 _25 16� 271 'i 281 Agreement No. D90-097 reference made a part hereof. 13. To not begin construction -of PROJECT under this Agreement until paragraph 1 of Section I and paragraphs 8 and 12 of this Section II have been complied- with. CITY.. shall not allow its. contractor(s)- -or .any. subcontraeto'r.(s.) to commence work on PROJECT until Construction Inspection/Control fees are paid. Construction shall be performed only by a contractor fully licensed by the State of California for the type of work involved. 14. To commence construction of PROJECT within one -hundred -twenty (120) calendar days from the day of approval of plans and specifications by DISTRICT, and to complete all work within three -hundred -sixty-five (365) calendar days from said date of approval, unless otherwise approved by DISTRICT. Construction shall not be allowed in the period between October 15 and April 15, unless otherWiseFauthorized by Manager, EMA/Construction Division, and shall not obstruct the free flow of channel water. 15. To remedy any obstruction to free flow of channel water between October 15 and April 15 after demand by DISTRICT to do so. If CITY is unable to remedy same, DISTRICT may order construction stopped and take any action necessary to remove the obstruction and protect the channel as deemed necessary by DIRECTOR to minimize the danger to persons and property. In such an event, CITY shall pay DISTRICT within thirty (30) days of demand thereof all of DISTRICT's costs including normal overhead and shall be responsible for attorney's fees and court costs if such are necessary to enforce payment. 16. To require its contractor to comply with the -intent of the Section 208 Plan for reducing sedimentation of the Upper Newport Bay by taking appropriate steps during construction. 17. To convey within 6 -months after completion of all construction pursuant to this Agreement, unless authorized by DISTRICT at no cost to DISTRICT, a 17 -Jan -1991 -5- 11 2 3 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 ,19 20 21 22 23 24 ?5 26 27 28 Agreement No. D90-097 grant deed provided as Exhibit B. attached hereto and by reference made a part hereof. Said grant deed shall be free and clear of licenses, leases, and taxes, to the satisfaction of DISTRICT. CITY shall not grant any easements over any property 'subject• to a requirement- of dedicat-ion-.Orr irrevocable. offer to DISTRICT., -unless such easements are expressly made subordinate to the easements to be offered for dedication to the County. Prior to granting any of said easements, CITY shall G /-0 a Pv'04 C h/aie 6 furnish a copy of the proposed easement to the , tbd' ice, for review and approval. IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. In the event CITY does not proceed with the work as outlined above within one (1) year of the execution of this Agreement, DISTRICT may terminate the Agreement. Fees collected by DISTRICT for expenses incurred pursuant to paragraph .5 of Section II shall be retained by DISTRICT. 2. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority, or jurisdiction delegated to DISTRICT under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, DISTRICT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by.reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority, or jurisdiction delegated to DISTRICT under this Agreement. 3. Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or Jurisdiction delegated to CITY under this Agreement. It is also understood and 17 -Jan -1991 -6- Agreement No. D90-097 1 agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, 2 defend, and hold DISTRICT harmless from any liability imposed for injury (as defined 3 by Government Code Section 810.8) occurring by reason of anything done or omitted to 4 be done ,by CITY- or -in connection with -any work,.. Author.ity, . or jurisdiction delegated 5 to'CITY under this Agreement. 6 . This Agreement incorporates the following exhibits: 7 Exhibit A - Vicinity Map 8 Exhibit B - Grant Deed to DISTRICT 9 Exhibit C - Insurance Requirements and Hold Harmless Agreement 10 Exhibit D - Improvement Security Faithful Performance Bond 11 Exhibit E - Improvement Security Labor and Material Bond 12 '3 14 15 16 17 18 19 20 21 22 23 24 -25 ,�6 27 28 17 -Jan -1991 -7- 2 3 5 6 7 8 9 10 11 12 ,3 14 15 16 17 18 19 20 21 221 23! i 24 i 251 _6 i 27 28 Agreement No. D90-097 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the dates opposite their respective signatures. ORANGE COUNTY FLOOD CONTROL DISTRICT DATE: BY: CHAIRMAN OF ITS BOARD OF SUPERVISORS CITY OF TUSTIN Date: Date: By: SE SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Linda D. Ruth Clerk of the Board of Supervisors of Orange County, California NJ:jcPWFo1-323/1017/0031221104318 Mayor City Clerk APPROVED AS TO FORM: Adrian Kuyper, County Counsel Orange County, California By 7 Deputy Date 10 �Oronge County Flood Control Dlstrlct Rlgm Of W (Exlstingj v _- t E XHIBI T NA' - VICINI T Y )JAPMODENA-IRVI NE CHANNEL. AGRFFMF MT 3 4 5 6 8 9 10 11 12 - 13 15 16 17 O Recording requested by and ) F�r�r�L cNrcKEu LzA_.�r o�q when recorded mail to: ) ' LE(0a4- 0e5c4_4orf0•0 ri FvN(. f i P r' M*S* 7 61( O C EM A The County of Orange ) r,41&tfr or- Clerk f Clerk of the Boa ) 10 Civic Center Plaza ) P.O. Box 687 ) Santa Ana, CA 92702 ) . FREE RECORDING ) GOVERNMENT CODE SECTION 6103 ) (Space above for Recorder's use) Project: Facility No.: Parcel No.: A.P. No.: Location: E1 Modena - Irvine Channel F07 City of Tustin For a valuable consideration, receipt of which is hereby acknowledged, the CITY OF TUSTIN, A MUNICIPAL CORPORATION - does hereby Grant to the Orange County Flood Control DISTRICT, a body corporate and politic, the real property in the City of Tustin, County of Orange, State of California, described as: LEGAL DESCRIPTION EL MODENA - IRVINE CHANNEL SOUTH OF THE SANTA ANA FREEWAY Those certain parcels of land situated partly within the City of Tustin and partly within the City of Irvine, County of Orange, State of California, being those portions of Lot 40 of Block 45 of Irvine's Subdivision as shown on a map thereof -filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of -said Orange County, described as follows: PARCEL 1 -COMMENCING-at the intersection of the northeasterly line of said Block 45 with the reference line as described in a Grant Deed -to the Orange County Flood Control District recorded July 6, 1987 as Instrument No. 87-557413 of Official Records in said Office of the Orange County Recorder; thence along said reference 28 II 10 -May -1990 _ -1- E7tHIBIT B nn i -y) An R w line and the southerly prolongation thereof South 20'37148" West 59.08 feet to the southwesterly right-of-way line of the Santa Ana Freeway as described in Parcel 1 of a Grant Deed to the State of California recorded October 17, 1957 in Book 4072, Page 65 of Official Records in. said Office of the Orange County Recorder and a point hereinafter referred to as Point "A"; thence along a line hereinafter referred to as Course "A" and the prolongation of last said course South 20'37'48" West 889.30 feet to a point hereinafter referred to as Point "B" and_the TRUE POINT OF BEGINNING; thence North 69'22' 12". West 49.00 feet to a 1 ine paral lel wi th and .*49.00. feet. �we.ste.rl.y_- from said Course "A"*; * thence. -along ..said parallel line North 20'37'48" East 79.77 feet; thence North 4'32'32' East 61.98 feet to the southwesterly right-of-way line of Michelle Drive (80.00 feet wide) as described in Parcel 1 of an Easement Deed to the City of Irvine recorded May 12, 1977 in Book 12191, Page 1734 of Official Records in said Office of the Orange County Recorder; thence along said southwesterly right-of-way line South 49'20'18* East 133.14 feet; thence South 40`39'42" West 28.94 feet to a line paral1ei with and 49.00 feet easterly from said Course 'A"; thence along said parallel line South 20'37'48* West 60.53 feet to a point which bears South 69'22'12" East from the TRUE POINT OF BEGINNING; thence North 69'22'12" West 49.00 feet to the TRUE POINT OF BEGINNING. CONTAINING:. 0.273 Acres, more or less. PARCEL 2 BEGINNING at Point "A" described hereinbefore in Parcel 1; thence along the southwesterly right-of-way line of the Santa Ana Freeway as described in Parcel 1 of a Grant Deed to the State of California recorded October 17, 1957 in Book 4072, Page 65 of Official Records in said Office of the Orange County Recorder - South 49'20'32" East 84.08 feet to a line parallel with and 79.00 feet easterly from Course *A" described in said Parcel 1; thence along said paral-1 el line South 20'37'48* West 137.12 feet; thence North 69'22'x.2* West 30.00 feet to a line parallel with and 49.00 feet southeasterly from said Course *A*; thence along- said parallel line South 20'31'48" West 489.61 feet; thence South 6'04'51* West 58.53 feet to the northeasterly right-of-way 1 ine of Michelle Drive as described in Parcel 1 of an Easement Deed to the City of Irvine recorded May 12, 1977 in Book 12191, Page 1734 of Official Records in said Office of the Orange County Recorder; thence along said northeasterly right-of-way line North 49`20'18" West 131.93 feet; thence North 40'39'42" East 32.83 feet to a line parallel- with and 49.00 feet northwesterly from said Course *A*; thence along said parallel line North 20'37'48" East 493.24 feet; thence North 17'37'00" East 57.07 feet; thence North 69'22'12* West 32.00 feet to a line parallel with and 84.00 feet northwesterly from said Course "A*; thence along -said parallel line North 20'37'48* East 116.54 feet to said southwesterly right- of-way line of the Santa Ana 'Freeway; thence along said southwesterly right- of-way line South 49'20'32" East 89.41 feet to the POINT OF BEGINNING. - Z - E xt4r1JT !3 nnntRq? EXCEPTING THEREFROM that portion included within the parcel of land described in a Grant Deed to the Orange County Flood Control District recorded July 6, 1987 as Instrument No. 87-557413 of Official Records in said Office of the Orange County Recorder. CONTAINING: 1.207 Acres, more or less. SUBJECT -TO all Covenants,. Ri'ghts,. Rightt-of-1 ay. and Eate.merits- of Record... 1911 Dated: CITY OF TUSTIN By- Kayot By. City Clerk 10 -Hay -1990 nnnr?c;-p EXHIBIT B STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On , 19 , before'me, the undersigned, a Notary Public- in -and for said. County ' arid, State, personally appeared - personally known to me (or proved to me on the basis of satisfactory evidence) to be the Mayor, and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the City Clerk of the City of , the municipal corporation that executed the within instrument, known to me to be.the persons who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that said municipal corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State . NJ:jcPv£01-323/0130/0051017444589 10 -Nay -1990 on FQ An N V EXHIBIT B 1 2 31 4. 5 6 7 8 9 10 111 12 3 14 15 16 17 18 19 20 21' 22 23 24 -25 26 27 28 Agreement No. D90-097 EXHIBIT C EXHIBIT C INSURANCE REQUIREMENTS AND HOLD HARMLESS AGREEMENT In accordance with Agreement No. D90-097, dated the day of , :1991; The ..Cl ty_ :of Tui tln, hereinaf ter, 4 -ft Exhibit F-1, ..referred to as , CITY shall take out and maintain at all times during its work, the following policies of insurance: a. Workers Compensation Insurance to cover CITY employees and CITY shall require all contractor(s) and subcontractor(s) similarly to provide Workers Compensation Insurance as required by the Labor Code of the State of California for all of the contractor(s) and subcontractor(s)' employees. (1) The policy(s)-of insurance shall provide that it shall not be canceled or altered without 30 days written notice thereof given, by registered mail, to the County of Orange, hereinafter referred to as COUNTY. ' (2) COMPANY may self -insure against Workers Compensation losses. A certificate of consent to self -insure issued by the Director of Industrial Relations shall be provided to the COUNTY. b. For all operations of CITY, their contractor(s) or any of their subcontractors in performing the construction of drainage facilities and protective works and any other work approved by this agreement, insurance coverages with the following minimum limits shall be provided in a form satisfactory to COUNTY: Coverages. Minimum Limit Comprehensive General Liability Comprehensive Automobile Liability (including coverage for owned, non -owned and hired automobile hazards). One Million Dollars. ($1,000,000) combined single limit. c. Each such policy of insurance provided in Paragraph b above shall contain the following three clauses: (1) "This.insurance shall not be canceled, limited in scope of coverage or non -renewed until after 30 days written notice has been given to the COUNTY and PAGE 1 of 4 EXHIBIT C 1 2; 31 4i 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 231 24' 25 26 27' 28 Agreement No. D90-091 EXHIBIT C Orange County Flood Control District (DISTRICT) by registered mail." (2) "COUNTY and DISTRICT are added as additional insureds in regard to incidents arising out of the performance of this contract." (3 ) "It. is . agreed * that any . insurance . main tamed ..*by : •the DISTRICT and COUNTY shall apply in excess of and not contribute with insurance provided by this policy." DISTRICT/COUNTY, their officers, agents, and employees shall not be answerable or accountable for any loss or damage that may happen to the construction work or any part thereof, or for any of the materials or other things used.or employed in performing the construction work, or for injury or damage to any person or persons, either workmen, employees of CITY or their contractor(s) or subcontractor(s) or the public, or for any damage to adjoining or other property, from any'cause arising out of or in connection with the performance of the construction work, except for such loss or injury or damages or portions thereof solely caused by the negligence or willful misconduct of DISTRICT/COUNTY, their agents, officers, employees or independent contractors who are directly responsible to the DISTRICT/COUNTY. CITY shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause arising out of or in connection with the performance of the construction work, except for"such damage or injury, or portions thereof, caused by the negligence or willful misconduct of DISTRICT/COUNTY, their agents, officers, employees, or independent contractors who are directly responsible to the DISTRICT/COUNTY. CITY will indemnify DISTRICT/COUNTY, their agents, officers and employees and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or i other organization arising out of or in connection with the work, operation or PAGE 2 of 4 EXHIBIT C 1 2 3 .4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 1?5 26 27 28 Agreement No. D90-097 EXHIBIT C activities of CITY, their agents, employees, contractors, subcontractors or invitees, but excluding such actions, claims, damages to persons or properties, penalties, obligations or liabilities or portions thereof, arising from the negligence or willful misr-oriduct of the DISTRICT/.COUNTY, their officers,. agents, employees_ or ::independent contractors, who are directly responsible to the DISTRICT/COUNTY in connection therewith: a. CITY will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities or portions thereof not due to the negligence or willful misconduct of DISTRICT/COUNTY agents, officers, employees or independent contractors, and will pay all costs and expenses, including attorney's fees, incurred by.DISTRICT/COUNTY in connection therewith. b. CITY will promptly pay any judgment rendered against-DISTRICT/COUNTY covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such construction work, operations, or activities of CITY or their contractor or subcontractors and CITY agrees to save and hold DISTRICT/COUNTY harmless therefrom, to the extent said judgment is not due to the negligence or. willful misconduct of DISTRICT/COUNTY agents, officers, employees or independent contractors. c. In the event DISTRICT/COUNTY is made a party to any action or proceeding filed or prosecuted for damages or other claims arising out of or in connection with the work of CITY, or their contractor or subcontractors, CITY agrees to pay. DISTRICT/COUNTY any and all costs and expenses incurred by DISTRICT/COUNTY in such action or proceeding together with reasonable attorney's fees to the extent said costs and expenses are not due to the negligence or misconduct.of DISTRICT/COUNTY agents, officers, employees or independent contractors. PAGE 3 of 4 EXHIBIT C The City of Tustin By: By: NJ:jc/crPVF01-323/1095(0050917363636) Date: Date: tft8L CCWCll #L LIU * L7V-V7 I EXHIBIT C PAGE 4 OF 4 EXHIBIT C IMPROVEMENT URITY id No. FAITHFUL PERrURMANCE BOND rremium: KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Board of Supervisors of the County of Orange, State of California, and (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated public improvements, which said :Agreement .dated 19 and identified as .project: is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement. NOW, THEREFORE, WE, the Principal and as Surety, are held and firmly bound unto the County of Orange (hereinafter called "COUNTY"), in the sum of ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and'adminis- trators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bounded- Principal, bove-boundedPrincipal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any altera- tion thereof made as therein provided, on his or.their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harm- less COUNTY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. - As a part of the obligation secured hereby and in addition to the face amount. specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by COUNTY in success- fully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the - Agreement or to the work or to the specifications. Page 1 of 2 EXHIBIT D IN VITNESS VHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 19 . (Attach Acknowledgment)' (Surety Company) (Attach Acknowledgment) Attorney -in -Fact Address: -APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL BY: / Deputy CGR: d thHASTER-26 9010411105787 Page 2 of `2 EXHIBIT D IMPROVEMEM :URITY nd No. LABOR AND MATERIAL BOND .remium: KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Board of Supervisors of the County of Orange, State of California, and . (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated ,.19 and: identified as project: is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the County of Orange to secure the claims to which reference is made .in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOV THEREFORE, said Principal and the undersigned as corporate surety are held firmly bound unto the County of Orange and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Civil Code in the sum of ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount -not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, vill pay, in addition to the face amount thereof, -costs and reasonable expenses and fees, including reasonable attorney' -s fees, incurred by COUNTY in successfully enforcing such obligation, to be - awarded and fixed by the court, ,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inureto the benefit of any and all persons, companies and corporations entitled to file - claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. � Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 EXiiIBIT E IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 19 (Attach Acknowledgment)- (Attach cknowledgment)- (Attach Acknovledgment) APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL BY: A5,17 Deputy (Surety Company) Attorney -in -Fact Address: CGK:dthMASTER-26 9010411105787 Page 2 -of 2 EXHIBIT E