ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-94-859)

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COOPERATIVE AGREEMENT NO. C-94-859 1 Streetcar System Property that is described in Exhibit C, in good condition and order, and free 2 from refuse, for the benefit of the public and the persons using the Commuter/Intercity Rail Station 3 for so long as the AUTHORITY shall serve commuter/intercity rail passengers at the 4 Commuter/Intercity Rail Station pursuant to this Agreement. 5 3.04 OCTA/SCRRA Right of WaV Right of Entry. CITY shall, and shall require its contractors, to 6 notify and receive prior permission from the SCRRA in advance of any work to be performed on 7 the SCRRA/OCTA Right of Way. Additionally, the CITY and its contractors shall comply with all 8 SCRRA safety requirements and obtain appropriate SCRRA Right of Entry documents. 9 3.05 OC Streetcar System Property Right of Entry. All work activities, either those of the CITY 10 or third parties, within the controlled work access zone limits depicted and described in Exhibit D, 11 Streetcar Controlled Work Access, require a permit issued by the AUTHORITY prior to work 12 commencing. The CITY shall not issue any permits to any third parties to work in the Streetcar 13 Controlled Work Access area, within the controlled work access zone without prior evidence of a 14 current AUTHORITY access permit. 15 3.06 Insurance. The CITY shall, during the term of this Agreement, maintain adequate liability 16 insurance and in no event less than two million dollars ($2,000,000) per occurrence and in the 17 aggregate, for claims relating to bodily injury, death, property damage and all automotive 18 operations, which arise out of CITY's obligations under this Agreement. Such insurance may be 19 in the form of a policy of commercial insurance, self-insurance, joint powers insurance authority 20 or combination thereof. The AUTHORITY, its officers, agents and employees shall be named as 21 an additional insureds on the CITY's policies. The requirement for insurance shall not limit or 22 otherwise modify the CITY's defense and indemnity obligations as set forth in Section 3.07 hereof. 23 3.07 Indemnity. Neither the AUTHORITY nor the SCRRA nor any officers, employees or agents 24 thereof shall be responsible for any damage or liability occurring by reason of anything done or 25 omitted to be done by the CITY in connection with the CITY's responsibilities under this 26 Agreement. The CITY shall be responsible for handling and processing any and all claims relating 27 to the CITY's responsibilities under this Agreement. It is also understood and agreed that, Page 5 of 13 I:\ca mm\clerica I\wo rd proc\agree\ag94859fi na l.051717vrl.docx