AGENDA
ITEM
22 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
22 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 4, 2023
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren, City Managere ma Cale Wer REVIEWED BY: Sandra L. Fonseca, Interim Finance Director Saf Camarena Heroes Park:
a) Authorize City Manager to Waive Advanced Lighting Services, Inc.
Encroachment Permit Fee in the Amount of $3,366.81.
b) Approve Advanced Lighting Services, Inc. Encroachment Permit to Repair Park Lights at Camarena Heroes Park.
==========£===≤£=========
Recommendation:
It is recommended that the City Council of the City of Calexico approve the following:
a) Authorize City Manager to Waive Advance Lighting Services, Inc. Encroachment Permit Fee in the Amount of $3,366.81.
b) Approve Advance Lighting Services, Inc. Encroachment Permit to Repair Park Lights at Camarena Heroes Park.
Background:
On September 5, 2023, during the lighting ceremony of John F. Kennedy and Robert F. Kennedy Park, Joseph P. Kennedy !!I, Citizens Energy Corporation Managing Director informed those present that Citizens Energy Corporation was also donating funds to repair the park lights located at Camarena Heroes Park.
Discussion and Analysis:
Citizens Energy Corporation has agreed to donate the funding to repair existing park lights at Camarena Heroes Park located at Kennedy Gardens Subdivision. Citizens Energy Corporation has hired Advance Lighting Services, Inc. to provide the services; therefore, City staff is recommending that the City Council of the City of Calexico approve the following:
a) Authorize City Manager to Waive Advance Lighting Services, Inc. Encroachment Permit Fee in the Amount of $3,366.81.
b) Approve Advance Lighting Services, Inc. Encroachment Permit to Repair Park Lights at Camarena Heroes Park.
Please note that the estimated cost of said project is $15,000.00, which will be donated by Citizens Energy Corporation to the City of Calexico.
Fiscal Impact:
FY 2023-2024 Revenue for General Fund in the amount of $3,366.81.
Coordinated With:
City Manager's Office.
Public Works Department.
Office of the City Clerk.
Attachments):
1. Camarena Heroes Park Aerial.
2. Advance Lighting Services, Inc. Encroachment Permit Application. a. Certificate of Liability Insurance.
b. City of Calexico Business License.
2 Camarena Heroes Park
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responsible staff for most ur fu are into malated geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the CITY OF CALEXICO * ENGINEERING/DEVELOPMENT SERVICES DEPARTMENT 608 HEBER AVENUE * CALEXICO, CA 92231 * TEL: (760) 768-2100 * FAX: (760) 357-7862
APPLICATION FOR ENCROACHMENT PERMIT
Name of Business: Advanced Lighting Services, Inc. Permit No:
Applicant's Name: Catherine Monday Date:
Telephone: office: 925-829-7801 direct: 925-323-9146 Issued By:
Project Location: Camarena Heroes Park Approved By:
Inspected By:
INSPECTION LOG
Date
Pass/Fail
The applicant hereby applies for permission to excavate construct and/or otherwise encroach in pubic right-of way of the City of Calexico to perform the following work:
Repair Park Lighting
(Attach two copies of drawings)
The applicant agrees to do the work in accordance with the City of Calexico rules, regulations and their reference and Standard specifications. Work will be subject to inspection and approval by the City of Calexico. Please cal 24 hours in advance to schedule an inspection at (760) 768-2100.
STATEMENT OF ACCEPTANCE OF THE CONDITIONS FOR ISSUANCE OF PERMIT:
I have read and understand each of the conditions set forth for the issuance of the Encroachment Permit on behalf of Advanced Lighting Services, Inc. and being duly authorized to do so; I accept the encroachment permit subject to these conditions.
Catherine Monday CAr 1,530.12 Denm 9/20/2023
Name of Applicant/Owner Signature of Applicant/Owner Date ENCROACHMENT PERMIT FEES (Check type RESIDENTIAL / COMMERCIAL & INDUSTRIAL / UTILITY $480.23 $1,627.52 $3,366.81
Concrete Work (Driveways, sidewalks, curb & gutter
Excavation (Trenches, sub-grade & grading)
Asphalt Paving
other Lights
IMPORTANT NOTICE: Section 4216/4217 of the Government Code required a Dig Alert identification Number to be issued before a "Permit to Excavate" will be valid. For your Dig alert I.D. Number Call Underground Service Alert TOLL FREE 1-800-422-4133 (Call two (2) working days before you dig). * HAVE A COPY OF THE PERMIT AT SITE *
Engineering - Form ENG
GENERAL PROVISIONS
1. LIMITS OF WORK
This permit is to be strictly construed and no work other than that specifically mentioned above is authorized hereby.
2. COMPLIANCE
The party to whom this permit is granted shall comply with all City of Calexico ordinances, rules and regulations and with all provisions made herein under.
3. No permit shall be valid unless assented to the City duly authorized agent or his representative and is case any party assenting to said permit is not duly authorized agent, said party shall be personally liable.
4. RESPONSIBIILTY FOR ACCIDENTS
The permittee shall be responsible for any and all liability for damage proximately caused by any of the work herein permitted or proximately caused by the permitee's failure to perform this obligation under the permit. In the event is made against the City of Calexico or any department, officer, or employee thereof, for damages arising out of said work of failure, the application shall and by acceptance of this permit does agree to defend, indemnify and hold them and each of the harmless there from.
5. EXPENSES
All fees and expenses incurred by the City of Calexico representative or other City officer or employee occasioned directly or indirectly by the granting of this permit shall be paid by
6. LIABIILTY FOR DAMAGES (See Attachment 1)
7. INSURANCE (See Attachment 2)
TECHNICAL PROVISIONS
8. TRAFFIC CONTROL
The permittee shall be responsible to provide, maintain, and install traffic control signs, lights, flagmen and other devises during working and non-working hours; to protect his work, and excavations and to protect vehicular and pedestrian traffic passing through or near his work area, in accordance to the "State of California Manual of Traffic Control for Construction and Maintenance Work Zones" as publish by the State of California Department of Transportation (Caltrans). El Centro office phone number is (760) 352-2071.
9. APPROVALS
All work to be performed and all materials to be furnished for the completion of the work call for in this permit and its approval drawings, shall be subject to the inspection and approval of an authorized representative of the City of Calexico and shall not be covered, buried or otherwise concealed until such work has been so inspected and approved.
Engineering - Form ENG
10. INSPECTION NOTICE
The permittee shall five no less than 24 hours notice to the City of Calexico for the inspection of work. Phone number is (760) 768-2100 from 8:00 a.m. to 4:00 p.m. Monday through
11. REFERENCE STANDARDS
All work to be performed and all materials to be furnished to the completion of the work for in this permit and its approval drawings shall conform to the standards and reference specifications of the City of Calexico, applicable according to the work being done.
12. NON-COMPLIANCE
In case the permittee failing to comply with any of the aforesaid ordinance, rules, regulations, standards, and provisions implicated by this permit or failing to do the work within a reasonable time, or in case in the judgment of the City of Calexico representative, the public necessity required that any excavation or other work be immediately filled up or complete, then, said representative hereby that right to fill up or indicate to full up such excavation or take charge of such work, all the expense of the permittee. ering - Form ENG
ENCROACHMENT PERMIT
ATTACHMENT 1
LIABILITY FOR DAMAGES
The permittee is responsible for all liability for personal injury or property damages which may arise out of work herein permitted or which may arise out of failure on the permittee's part to perform his obligations under this permit in respect to maintenance of resulting from defects or obstructions or from any case whatsoever during the progress of the work or at any subsequent time work is being performed under the obligation provided and contemplated by the permit.
By acceptance of receipt of the encroachment permit, the permittee agrees to indemnify and save harmless the city of Calexico, and all officers, agents and employees thereof, including but not limited to the City of Calexico, and the Director of Public Works, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the permittee, persons employed and/or contracted by the permittee, persons acting on behalf of the permit, or arising out of the failure on the permitee's part to provided and contemplated by the permit, except as otherwise provided by statue. The duty of the permittee is to indemnify and save harmless includes the duties to defense as set forth in Section 2778 if the California Civil Code. The permittee waives any and all rights to any type of express or implied indemnify against the City of Calexico, its officers or employees.
It is the intent of the parties that the permittee will indemnify and hold harmless that the City of Calexico, its offices and employees from and all claims, suits, or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part to the city of Calexico, its offices, agents and employees or the permittee, persons employed and/or contracted by the permittee or person acting on behalf of the permittee.
RESPONSIBILITY FOR DAMAGES
The City of Calexico and all officers, agents and employees thereof, including but not limited to the City Council and the Director of Public Works, shall not be answerable or accountable in any manner: For injury or the death of any person, including but not limited to the permittee, person employed by the permittee, person acting on behalf of the permittee; or for damages to the property from any cause which have been prevented by the permittee.
Engineering - Form ENG Page 4 of 8
ENCROACHMENT PERMIT
ATTACHEMNT 2
INSURANCE
This permit shall not be effective for any purpose unless and until the permittee files which the grantor, and insurance policy which shall have limits in the amount of no less than ($1,000,000.00) and deductible amount of no greater that one thousand dollars ($1,000.00). The City of Calexico, its officers, agents and employees shall be expressly listed as named insured under this insurance policy and shall provide coverage for general negligence claims and for claims of errors and omissions. The permittee shall be responsible for keeping this insurance policy in full force and effect until final completion of the work contemplated in the request for an encroachment permit. The cost of any and all premiums for this insurance coverage may not be canceled without thirty (30) days written notice to the Director of Public Works of City of Calexico.
STATEMENT OF ACCEPTANCE OF THE CONDITIONS FOR ISSUANCE OF THE ENCROACHMENT PERMIT: I have read and understand each of the conditions set forth for issuance of the encroachment permit on behalf of _Advanced Lighting Services, Inc. being duly authorized to do so, I accept the encroachment permit subject to these conditions. lt n 9-00:2023
Date
Signature of Owner
Catherine Monday
Print Name
IMPORTANT NOTICE: Section 4216/4217 of the Government Code requires a Dig Alert identification Number be issued before a "Permit to Excavate" will be valid. For your Dig Alert I.D.
Number Call Underground Service Alert TOLL FREE 1-800-422-4133 (Call to (2) working days before you dig).
Amount may vary depending on type of project.
Engineering - Form ENG Page 5 of 8
ADVALIG-02 SNUNEZ
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MIDDYYYY) 6/5/2023
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
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
P5760 Ventura Bisa. Sinte 500ce Services, Inc. (AIG, No, Ext): (818) 986-7283 (AC, No): (818) 986-4949 Encino, CA 91436 ADDRESS:
INSURERS) AFFORDING COVERAGE NAIC #
INSURERA: Atain Specialty Ins. Co. 17159
INSURED INSURER B: Travelers Casualty Ins. Co. 19046
Advanced Lighting Services, Inc INSURER C: Kinsale Insurance Company 38920 6681 Sierra Lane, Suite A INSURER D: Security National Insurance Co 19879 Dublin, CA 94568-2621 INSURERE: Greenwich Insurance Company 22322
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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
EXCLUSION AN ELIT UN PRICE IT SON INE REDUCED EVEN ONE TEREN UNET TO L THE ENS
TYPE OF INSURANCE NSD WVD POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY 1,000,000
EACH OCCURRENCE
CLAIMS-MADE X OCCUR x BWPF0075915 10/1/2022 10/1/2023 AMAGE TO RENTE 100,000 REMISES (Ea occurrenc
5,000
MED EXP (Any one person) cs us
PERSONAL & AD INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2,000,000 X POLICY LOC $ 2,000,000
PRODUCTS - COMP/OP AGG
OTHER:
AUTOMOBILE LIABILITY 1,000,000
$
X ANY AUTO BA-6W469259-23-42-G 6/8/2023 6/8/2024 BODILY INJURY (Per person)
AUTOS ONLY SOULED
AURE'S ONLY
UMBRELLA LIAB OCCUR EACH OCCURRENCE 5,000,000
EXCESS LIAB CLAIMS-MADE 0100208550-0 10/1/2022 10/1/2023 DED RETENTIONS 5,000,000
D AND EMPLOYERS ABILI X BEATUTE
Y/N SWC1442356 6/8/2023 6/8/2024 1,000,000
Y IN/ A LE.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE S 1,000,000
EYSSRIPTION OF OPERATIONS below 1,000,000
E.L. DISEASE - POLICY LIMIT S
E Property 2860262 10/1/2022 10/1/2023 ]BPP 250,000
E Installation/ Build 2860262 10/1/2022 10/1/2023 Installation floater 50,000 City of Calexico is named as additional insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Calexico EXPIRATION DATE NOTICE WILL BE DELIVERED IN 608 Heber Avenue
Calexico, CA 92231
AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: BWPF0075915 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Any person or organization with whom the insured has Locations as required by written contract for agreed by written contract to perform services within commercial work or residential remodeling only. the terms and conditions of this policy to which this Residential "new construction", including any single form is attached. family dwelling, duplexes, three and four family dwellings, townhomes or condominiums is excluded
along with any appurtenances at such properties
including clubhouses, detached garages, detached
building and swimming pools. "New construction"
means operations that involve the original construction of a building or a building unit.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by B. With respect to the insurance afforded to these "your work" at the location designated and additional insureds, the following is added to Section described in the Schedule of this endorsement III - Limits Of Insurance:
performed for that additional insured and includes If coverage provided to the additional insured is n the "products-completed operations hazard"
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by 1. Required by the contract or agreement; or law; and 2. Available under the applicable Limits of Insurance
2. If coverage provided to the additional insured shown in the Declarations is required by a contract or agreement, the whichever is less. insurance afforded to such additional insured
will not be broader than that which you are This endorsement shall not increase the applicable required by the contract or agreement to Limits of Insurance shown in the Declarations. provide for such additional insured.
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:BWPF0075915 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WITH WHOM THE AS REQUIRED BY WRITTEN CONTRACT,
INSURED HAS AGREED BY WRITTEN CONTRACT
TO PERFORM SERVICES WITHIN THE TERMS AND
CONDITIONS OF THIS POLICY TO WHICH THIS
FORM IS ATTACHED
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to 1. All including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been
1. Your acts or omissions; or completed; or
2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its
intended use by any person or organization
in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project.
However: C. With respect to the insurance afforded to these
1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III - Limits Of Insurance:
law; and If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance:
will not be broader than that which you are 1. Required by the contract or agreement; or required by the contract or agreement to
provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations;
B. With respect to the insurance afforded to these
additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the applicable This insurance does not apply to "bodily injury" or Limits of Insurance shown in the Declarations. "property damage" occurring after:
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1