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HomeMy WebLinkAboutC-9892-1 - Entry Permit (Water Pumping Training at San Joaquin Reservoir)Irvine Ranch Water District 15600 Sand Canyon Avenue P.O. Box 57r,M4 000 Irvine, CA 92612619-7000 (949) 453-5300 ENTRY PERMIT (Water Pumping Training at San Joaquin Reservoir) IRWD EP 2024-005 ISSUED TO: City of Newport Beach Newport Beach Fire Department 100 Civic Center Drive Newport Beach, CA 92660 Date: 6 ATTN: Brian McDonough Telephone: (949) 644-3368 IRVINE RANCH WATER DISTRICT ("IRWD") hereby permits the CITY OF NEWPORT BEACH — NEWPORT BEACH FIRE DEPARTMENT ("Permittee") to enter into, over, and upon IRWD's property known as San Joaquin Reservoir and depicted on Exhibit "A" (the "Property"), subject to the following conditions: 1. Purpose: Permittee may, after providing IRWD with no less than 48 hours prior notice and receiving IRWD's approval, enter and temporarily use the Property for water pumping training and for no other purposes. Any water taken from the reservoir shall be put back into the reservoir. 2. Notice. Permittee shall notify the IRWD employees identified below and request specific dates within the time set forth and for the Purpose set forth in Section 1, above: A. Jose Zepeda at zepeda@irwd.com (949) 453-5572 B. Ray Thatcher at thatcher@irwd.com (949) 453-5602 C. Shane Martin at martins@irwd.com (949) 453-5655 3. Term: This Permit is effective from August 1. 2024 through July 31. 2026. IRWD may terminate this Permit at any time at IRWD's sole discretion by verbal notice to any representative of Permittee present at the Property pursuant to this Permit or by written notice to Permittee at the address identified above. 4. Vehicular Access: Gates & Locks: Permittee shall access the Property from Ford Road and proceed over the access road to the Property as identified in Exhibit A. Entry to the Property is secured by a locked access gates. Permittee shall lock all access gates after entry. Should Permittee desire its own lock for the gate, an approved lock must be submitted to IRWD for approval and placement. 5. Other Special Requirements: A. Permit. This Permit is to be carried at all times while using the Property. ep 2024-005 nbfd - 1 - B. Hours of Entry. Entry is only permitted during normal working hours unless otherwise approved in writing by IRWD. Weekend, holiday or after-hours use of the Property is not allowed. C. Compliance with Laws. Instructions. Permittee shall comply with all applicable laws, ordinances and regulations and any and all instructions and directions by IRWD. D. Permittee's Representatives: Permittee shall cause its employees, officers, consultants, agents, representatives, invitees and any other persons entering the Property under this Permit to comply with each and every part of this Permit. Each person entering the Property must be under the personal supervision and control of a duly authorized representative of Permittee, and any violation of the Permit by any person entering upon the Property under this Permit will be a violation of the Permit by Permittee. E. Prohibited Activities: (1) Permittee shall not install any improvements, shall not place any materials or personal property, and shall not perform any soils borings, trenching or any digging at, on, or in the Property. (2) Permittee shall not light any fires, shall not carry firearms onto the Property, and shall not use, serve, distribute, or give any alcoholic beverages to ANYONE while on the Property. (3) No Hazardous Materials/Fuels: Neither Permittee nor any invitee of Permittee shall place, use or store or allow to be placed, used or stored any hazardous or toxic materials, substances or wastes (as such terms are or may from time to time be defined by federal, state or local laws, ordinances or regulations) on the Property. Permittee shall not store any gasoline, kerosene, or other fuels on the Property. 6. Condition of Prope A. As -Is: No Duty to Warn: Permittee has inspected the Property and hereby accepts the condition of the Property "AS IS". IRWD does not warrant the condition of the Property to be fit for any particular purpose. IRWD shall have no duty to inspect the Property and no duty to warn any person of any latent or patent defect, condition or risk that might be incurred in the exercise of the rights granted herein. Portions of the Property are improved and portions are in a natural condition. As with any land, certain risks exist, and Permittee covenants not to sue IRWD for any injury, loss, or damage arising out of the condition of the Property. B. Cleaning and Restoration: Permittee shall, at its sole cost and expense, clean and restore the Property to its pre -entry condition upon leaving the Property each day. C. Nondisturbance of Coastal Sae Scrub Habitat: Permittee shall not disturb any coastal sage scrub habitat, if any, within the Property unless Permittee has the requisite permit(s) therefor from appropriate state and/or federal agencies. If Permittee desires to disturb any such area, Permittee shall provide IRWD with a copy of all such permit(s) providing for disturbance of such habitat prior to commencing any activity in such area. ep 2024-005 nbfd -2- 7. Financial Provisions A. Entry Fee: Permittee shall pay IRWD $1.00 for the use of the Property during the term of the Permit. B. Reimbursement of Costs: Permittee shall reimburse IRWD for any costs incurred by IRWD related to Permittee's use of the Property. Reimbursable costs may include, but are not limited to, IRWD's costs of labor, materials, energy, water, or other costs incurred by IRWD related to Permittee's use of Property. IRWD will invoice Permittee for costs, and Permittee shall pay all costs no later than 30 days after the date of IRWD's invoice. C. Dama a to IRWD's Pra e : At IRWD's election, Permittee shall repair or pay IRWD the cost of any damage of any kind whatsoever to fences, gates, trees, improvements, water supply, and any other property of IRWD, including repairs, restoration, and value of loss of use arising from or in any way related to (i) the acts or omissions of Permittee, or (ii) any breach by Permittee of any of its obligations under this Permit. D. Indemnification and Waiver: (1) Waiver of Claims. IRWD and the other "Indemnitees" (defined below) shall not be liable for any damage of any kind whatsoever to Permittee's personal property, including loss of use of any such personal property, or for any injury or death of any kind whatsoever to any person entering upon the Property under this permit, arising from any cause whatsoever, and Permittee hereby waives all claims and demands relating thereto. (2) Indemnily. Permittee agrees to indemnify, defend and hold IRWD and its employees, officers, officials, directors, agents, volunteers, and representatives and its and their respective successors and assigns (collectively, the "Indemnitees") harmless from and against any and all claims, losses, liabilities, costs and expenses, including attorney's fees (collectively, the "Claims") for damage to real, personal, tangible or intangible property, including loss of use of any such property, and all Claims for bodily injury, sickness, disease or death of any person, arising from or in any way related to (i) any act, omission or entry upon the Property or other activity under this Permit by Permittee (including but not limited to any Claim by any insurance company which has paid a claim and is subrogated to the rights of the claimant), or (ii) any breach by Permittee of its obligations under this Permit; provided, however, that no Indemnitee shall be entitled to indemnification under this Section 7.D.(2) to the extent any Claim is held by a court of competent jurisdiction to have been caused solely by the gross negligence or willful misconduct of such Indemnitee. It is expressly understood and agreed between the parties to this Permit that this is an agreement and permit for access to and for certain events to occur or work to take place on IRWD Property. This Agreement and permit are not a construction contract or an agreement for design professional services as those terms are defined or used under Division 3, Part 4, Title 12 of the California Civil Code (§§ 2772 et. seq.). E. Insurance: (1) Prior to any entry under this Permit and without limiting Permittee's indemnification obligations provided within this Permit, Permittee shall maintain and furnish to IRWD a policy or certificate of Permittee's insurance as noted below, covering all operations of ep 2024-005 nbfd -3- Permittee and Permittee's Representatives under this Permit. Permittee's insurers shall possess a policyholders' Rating of A- (or higher) and Financial Size Category of VII (or larger) in accordance with the latest edition of Best's Key Rating Guide. (2) Comprehensive General Liability Insurance. Permittee shall maintain a comprehensive general liability insurance policy with coverage on an "occurrence" basis, including products and completed operations, property damage, bodily injury, personal injury, and, with limits no less than 2,000,000 per occurrence, $4,000,000 aggregate. (3) Automobile Liability Insurance. Permittee shall maintain an automobile liability insurance policy covering bodily injury and property damage for all activities of the Permittee arising out of or in connection with the activities under this Permit, including coverage for any owned, hired, and non -owned, rented, or leased vehicles in an amount not less than $2,000,000 combined single limit for each accident. (4) Workers' compensation insurance. Permittee shall maintain a workers' compensation insurance policy (Statutory Limits) as required by state law, and if required to do so, also maintain Employer's Liability Insurance (with limits not less than $1,000,000). Permittee shall submit to IRWD, along with the certificate of insurance, a waiver of subrogation endorsement in favor of IRWD, its directors, officers, employees, and agents. (5) Umbrella or Excess Liability Insurance. Permittee may use umbrella or excess policies to provide the liability limits as required in this Permit. (6) Use of Drones. Permittee will be required to disclose any use of an Unmanned Aerial System (drone) and Unmanned Aerial System insurance coverage will be required, with limits determined by IRWD based on the activity performed. (7) Additional Insured. General liability, automobile liability and all other applicable policies including excess/umbrella liability policies, shall provide, or be endorsed to provide, that IRWD, its directors, officers, employees, and agents, are additional insureds under such policies. (8) Prim Non-Contributoi5r. For any claims related to this Agreement, the Permittee's insurance, including umbrella/excess coverage, must be primary and non- contributory. Any insurance or self-insurance maintained by IRWD, its directors, officers, employees, and agents will be excess of the Permittee's insurance and will not contribute to such insurance. (9) Waiver of subrogation. All insurance coverage maintained pursuant to this Permit must be endorsed to waive subrogation against IRWD, its directors, officers, employees, and agents, or must specifically allow Permittee to waive its right of recovery prior to a loss. This provision applies regardless of whether or not IRWD has received a waiver of subrogation endorsement from the insurer. (10) Notice of Cancellation. Permittee shall oblige its broker and insurers to provide IRWD with a 30-day notice of cancellation (except for nonpayment for which a ten-day notice is required) or nonrenewal of coverage for each required coverage. If the Permittee's ep 2024-005 nbfd -4- insurers are unwilling to provide such notice, then Permittee shall notify IRWD immediately if Permittee fails to renew any of the required insurance coverages or insurer's cancellation or non - renewal. (11) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. If Permittee maintains broader coverage and/or higher limits than the minimums shown above, IRWD requires and is entitled to the broader coverage and/or the higher limits maintained by Permittee. (12) Self -insured Retentions. Any deductibles or self -insured retentions must be declared in writing. (13) Timely Notice of Claims. Permittee shall give IRWD prompt and timely notice of claims made, or suits instituted that arise out of or result from Permittee's performance under this Permit, and that involve or may involve coverage under any of the required liability policies. (14) Third -Party Service Provider. If Permittee contracts with a third -party service provider (e.g., caterer), Permittee will require the service provider to procure and maintain at its sole cost and expense comprehensive general liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and if applicable, liquor liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, or other lines of coverage IRWD requires. Both IRWD and Permittee shall be endorsed as additional insureds. 8. Fire Restrictions: Permittee shall be responsible for fire suppression and prevention measures in conjunction with its use of the Property. 9. Miscellaneous: A. Survival. The obligations and liabilities of Permittee under this Permit will survive the termination or expiration of this Permit, and will not be affected by or diminished in any way by the existence (or lack thereof) of other entry permits or entry agreements covering all or a portion of the Property. B. No Representations or Warranties. Permittee acknowledges that neither IRWD nor any employee, agent or representative of IRWD has made representations or warranties concerning the condition of the Property. C. Attorneys Fees. In the event of any legal action to enforce the rights or remedies of either party to this Permit, the prevailing party will be entitled to recover its costs and expenses (including attorneys' fees) of such action. D. Rights Not Exclusive. All powers, rights or remedies of the parties to this Permit shall be cumulative with, and not exclusive of, any powers, rights or remedies otherwise available at law or in equity. ep 2024-005 nbfd -5- E. No Assignment. This Permit is personal to Permittee. Any attempted assignment will be void and of no effect and will be an incurable default under this Permit. F. Authorijy. The person executing this Permit on behalf of Permittee represents and warrants that he/she is duly authorized to execute same and that Permittee is bound by the terms and conditions hereof. IN WITNESS WHEREOF, IRWD and Permittee have entered into this Entry Permit as of the day of �, r� P �p , 20& "PERMITTEE" CITY OF NEWPORT BEACH, a municipal corporation By: fl)� Grac . Leung City Manager APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE r o127/2.v2 f Bv: c� Aaron C. Harp City Attorney p,F ATTEST: �'1►.:ls l)IJ..i Leilani I. Brown City Clerk ep 2024-005 nbfd -6- IRVINE RANCH WATER DISTRICT By:9w� i Paul A. Cook, General Manager 1 SA G k r 1 '.l•'S Jj �_ i_f R;K.pfs"/. ,%. �t1}r'.` �''. •., - j Y f for at f q �_ �a. :h ' �' orb � y �t�� '��•• '"'h:,� r y •:� fir,- ` A SAN JOAQUIIV RESERVOIR •F„!vi cw P 3,. �} ■ a 1,q [err .. i " !#_pf� " rF7 i. its IF s:� s r;t +► ,f ;� - `" s k.`7fy.L.* ,• [ �`c �i. �Ik. �.� yr; t�•� ? '.:yam � "� � % - •,�4 .. �y�rt,,€r. .� F .'f 't,; e��i y`►7"� 1. rrA. �;- A� 01 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/31/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMTACT NAME: California Insurance Pool Authority(CIPA) PHONE FAX 366 San Miguel Drive, Suite 312INC,No Ext : C No): EMAIL Newport Beach, CA 92660 DREss: I INSURER(S) AFFORDING COVERAGE I NAICp I INSURED INSURER B: California Insurance Pool Authority (CIPA) City of Newport Beach INSURER C: _ 100 CIVIC CENTER DR. INSURER D: NEWPORT BEACH. CA 92660 INSURER F rA1/GRA!_FC f_FRTIFIr ATF NIIMRFR• 1125010 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested R TYPEOFINSURANCE ADDL SUBR POLICYNUMBER MMIDDfYYYY LTMMlDDIYYPOUCYX LIMITS LTR A X COMMERCIAL GENERAL LIABILITY CIPA-023 7/1/2024 7/1/2025 EACHOCCURRENCE s 1,000,000 CLAIMS -MADE IT OCCUR PREMISES fEa occurrence $ MED EXP (Any one person) $ SIR applies per policy terms PERSONAL & ADV INJURY $ and conditions. GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 1,000,000 $ PRODUCTS - COMP/OP AGG $ %� POLICY PRO-❑ LOC JECT I $ OTHER: A AUTOMOBILE LIABILITY CIPA-023 7/1/2024 7/1/2025 a acciden $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO SIR applies per policy terms BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED _IX. AUTOS ONLY AUTOS ONLY and conditions. PROPERTY DAMAGE Peracddent $ X UMBRELLALIAB OCCUR CIPA-023 EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE (plies per policy terms and cond 1 7/1/2024 7/1/2025 DED I I RETENTION $ $ A WORKERS COMPENSATION CIPA-023 7/1/2024 7/1/2025 PER XOTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOP/PARTNER/EXECLMVE Y� OFFICERMEMBER EXCLUDED? (Mandatory in Nit) NIA SIR applies per policy terms E.L EACH ACCIDENT $ 1,000,000 E.L DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIP71ON OF OPERATIONS below and conditions E.L DISEASE -POLICY LIMIT $ 1,000,000 A Employement Practice CIPA-023 I 7/1/2024 7/1/2025 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) IRWD, its directors, officers, employees and agents are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability (policies. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's !provisions. A Waiver of Subrogation is granted in favor of IRWD, its directors, officers, employees and agents in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION 24-25 CIPA Casualtv 0M OCC/AGG) 1125010 Irvine Ranch Water District 15600 Sand Canyon Ave. PO Box 57000 Irvine, CA 92619-5700 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &"& Vo"woee Pod.Aa a"r # © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COVERED PARTY: CALIFORNIA INSURANCE POOL AUTHORITY MEMORANDUM OF COVERAGE NUMBER: CIPA-023 COVERAGE PERIOD: DULY 1, 2024 TO JULY 1, 2025 ADDITIONAL INSURED ENDORSEMENT - PRIMARY AND NONCONTRIBUTORY Section IV —WHO IS A COVERED PARTY 10) Any person(s) or organization(s), when the Covered Party is required in a written contract to provide coverage to them, but only for Bodily Injury or Property Damage liability which: (1) Is covered by this Memorandum; and (2) Is caused, in whole or in part by: (a) The normal course of the Covered Party's operations; or (b) Ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Covered Party; or (c) Work performed for that person or organization by the Covered Party; or (d) The maintenance, operation or use by the Covered Party of any equipment or Auto leased to Covered Party by such person(s) or organization(s). The limits of coverage afforded to such person(s) or organization(s) shall be (a): The minimum limits of coverage which Covered Party agreed to provide, or (b) The Limit of Liability under this Memorandum, whichever is less. Upon written request made prior to the assertion of any Claim, coverage provided under this paragraph j shall be primary and noncontributory over any applicable insurance when expressly required by written contract or agreement with the Covered Party. Upon written request, the Authority shall provide an additional insured endorsement, primary and noncontributory endorsement, notice of cancellation and/or a waiver of subrogation when required by written contract. Coverage provided under this paragraph expires: (a) when the written contract or agreement ceases; or (b) when the Covered Party ceases to be a tenant in the premises, or the operations or work or usage cease, whichever is earlier. COVERED PARTY: CALIFORNIA INSURANCE POOL AUTHORITY MEMORANDUM OF COVERAGE NUMBER: CIPA-WC-0023 COVERAGE PERIOD: JULY 1, 2024 TO JUNE 30, 2025 WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT As per written contract Notwithstanding Section I and Section II — Paragraph F is amended by the addition of the following: If the Covered Party enters into a written contract with another party that requires the Covered Party to waive its right of subrogation against the party, the last paragraph ("Recovery From Others") contained in Sections I and II of the Memorandum will not apply with respect to the party with whom the Covered Party contracted.