ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C5
Prepared by: Erin Adams, Management Analyst Meeting Date: June 28, 2022 Approved by:
Greg Mayer, City Engineer
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CONTRACT WITH DUDEK – THIRD AMENDMENT
RECOMMENDATION: Adopt City Council Resolution No. 2022- , and Buena Sanitation District Resolution No. 2022- , approving a second amendment to the contract with Dudek for as-needed construction management and inspection services.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not corresponding to a specific City Council goal.
PRIOR ACTION: On March 23, 2021, adopted City Council Resolution No. 2021-46, and Buena Sanitation District Board Resolution No. 2021-6, approving the Second Amendment to the agreement with Dudek for As-Needed Construction Management and Inspection Services (Vote:5-0).
On June 23, 2020, adopted City Council Resolution No. 2020-107, and Buena Sanitation District Board Resolution No. 2020-23, approving the Six-Year Capital Improvement Program and Fiscal Years 2020/21 and 2021/22 Capital Project Budget and authorizing appropriations for Fiscal Years 2020/21 and 2021/22 Capital Projects (Vote: 5-0).
A comprehensive list of all prior actions included as Exhibit 3.
STATEMENT ON THE SUBJECT: In 2020, the City Council/Buena Sanitation District Board of Directors approved an as-needed contract with Dudek for as-needed construction management and inspection services. The contract was approved with a $500,000 compensation ceiling. Since approving the original contract, two amendments have been approved by the City Council/Buena Sanitation District Board increasing the contract ceiling to $1,012,250. The increased funding was allocated for construction management services for the Bub Williamson Park Renovation Project and the Pala Vista Park Project.
Since the approval of the original contract and subsequent amendments, Dudek has continued to provide expert construction inspection and construction management services. Needs for these services have increased for the City due to multiple pending construction projects. Example of projects include (but are not limited to) new parks, the Wave Waterpark slide tower remodeling project, several street projects - including slurry seal, overlay, sidewalks, and storm drain replacement projects, Luz Duran Park WiFi, and the new skate park shade structure. Staff recommends amending the as-needed construction management and inspection services contract with Dudek to increase the overall general contract AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/28/2022 C5 Page 1 of 32
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2022-104; and 2) Buena Sanitation District Resolution No. 2022-16. Vote: 4-0 (Ritter not present)
MEETING DATE: June 28, 2022 PAGE 2
SUBJECT: AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CONTRACT WITH DUDEK—THIRD AMENDMENT
capacity. The amendment includes increasing the contract ceiling by $750,000for a new contract ceiling of$1,762,250. The increased contract ceiling will provide the ability to staff necessary oversight of City capital projects and will extend the term to March 24, 2025. Additionally, Dudek will create proposals for specific projects for staff's approval.
FISCAL IMPACT: The Fiscal Years 2020/21 and 2021/22 Capital Project Budget includes adequate funding for construction management and inspections services. Future Capital Budgets will include funding for the remaining years of the as-needed contract. The as-needed construction management and inspection services provided under the recommended contract will be charged to specific capital improvement projects.
EXHIBITS:
1. City Council Resolution 2022- , approving the Third Amendment to the contract with Dudek for as- needed construction management and inspection services
2. Buena Sanitation District Resolution 2022- , approving the Third Amendment to the contract with Dudek for as-needed construction management and inspection services
3. Prior City Council Actions
4. Third Amendment to Contract with Dudek
5. Original Contract and all prior Amendments to Contract with Dudek 06/28/2022 C5 Page 2 of 32
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE
CONTRACT WITH DUDEK FOR AS-NEEDED CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On March 24, 2020, the City entered into a contract with Dudek for as-needed construction management and inspection services ("Contract").
B. The City desires to amend the Contract by increasing the contract ceiling by $750,000 for a new contract ceiling of$1,762,250.
2. Action.
A. The Third Amendment to the contract between the City of Vista and Dudek for as-needed construction management and inspection services is approved, and the Mayor is authorized to execute the Contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 28. 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, ACTING CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220608150527
001080071 EXHIBIT 1
06/28/2022 C5 Page 3 of 32
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BUENA SANITATION DISTRICT, APPROVING THE THIRD AMENDMENT TO
THE CONTRACT WITH DUDEK FOR AS-NEEDED CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES
The Board of Directors of the Buena Sanitation District does resolve as follows:
1. Findings. The Board of Directors hereby finds and declares the following:
A. On March 24, 2020, the District entered into a contract with Dudek for as-needed construction management and inspection services ("Contract").
B. The City desires to amend the Contract by increasing the contract ceiling by $750,000 for a new contract ceiling of$1,762,250.
2. Action.
A. The Third Amendment to the contract between the District and Dudek for as- needed construction management and inspection services is approved, and the Chairperson is authorized to execute the Contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on June 28,2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, CHAIRPERSON
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, ACTING DISTRICT COUNSEL KATHY VALDEZ, CLERK OF THE BOARD By: By:
APPROVED
Walter C.Chung
20220608150504
001080051 EXHIBIT 2
06/28/2022 C5 Page 4 of 32
Exhibit 3
Prior Council Actions
AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CONTRACT WITH DUDEK—THIRD AMENDMENT
On March 23, 2021, adopted City Council Resolution No. 2021-46, and Buena Sanitation District Resolution Board No. 2021-6, approving the Second Amendment to the agreement with Dudek for As-Needed Construction Management and Inspection Services (Vote:5-0).
On June 23, 2020, adopted City Council Resolution No. 2020-107, and Buena Sanitation District Board Resolution No. 2020-23, approving the Six-Year Capital Improvement Program and Fiscal Years 2020/21 and 2021/22 Capital Project Budget and authorizing appropriations for Fiscal Years 2020/21 and 2021/22 Capital Projects (Vote: 5-0).
On June 9, 2020, adopted City Council Resolution No. 2020-91, and Buena Sanitation District Board Resolution No. 2020-22, approving the First Amendment to the agreement with Dudek for As-Needed Construction Management and Inspection Services (Vote:5-0).
On March 24, 2020, adopted City Council Resolution No. 2020-41 and Buena Sanitation District Board Resolution No. 2020-6, approving a contract with Dudek for As-Needed Construction Management and Inspection Services (Vote:5-0).
EXHIBIT 3
06/28/2022 C5 Page 5 of 32
THIRD AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA,
BUENA SANITATION DISTRICT AND DUDEK FOR AS-NEEDED
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
THIS THIRD AMENDMENT ("THIRD Amendment") to the Contract between the City of Vista, the Buena Sanitation District, and Dudek, dated March 24, 2020 ("Contract"), is made and entered into as of ("Third Amendment Date"), by and between the City of Vista, a chartered municipal corporation ("City"), Buena Sanitation District, a County Sanitation District ("District") and Dudek, a California corporation ("Contractor").
Recitals: City, District, and Contractor now desire to enter into a Third Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City, District, and Contractor agree as follows:
1. Section 2.6 is amended increase the contract ceiling by $750,000 to a new total contract ceiling of$1,762,250.
2. Section 3 of the Contract is amended to extend the term of the Contract to March 24, 2025.
3. All other terms and conditions of the Contract not specifically modified or superseded herein shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Third Amendment as of the Third Amendment Date.
CITY OF VISTA, a chartered municipal DUDEK, a California corporation corporation
By: By:
JUDY RITTER, MAYOR
NAME/Title
BUENA SANITATION DISTRICT, a County
Sanitation District By:
By: NAME/Title
JUDY RITTER, CHAIRPERSON
ATTEST:
KATHY VALDEZ, CITY CLERK/CLERK OF THE
BOARD
By:
APPROVED AS TO FORM:
WALTER CHUNG, ACTING CITY RISK MANAGEMENT REVIEW:
ATTORNEY/DISTRICT COUNSEL DOLORES GASCON, RISK MANAGER By: By:
APPROVED
Walter C.Chung
20220607075233
000250504 EXHIBIT 4
06/28/2022 C5 Page 6 of 32
DocuSign Envelope ID:20068414-191-9-44C7-84A1-FA$ABBEC35D2 SECOND AMENDMENT TO THE CONTRACT BETWEEN THE1-CITY OF
VISTA, BUENA SANITATION'DISTRICT AND DUDEK FORAS-NEEDED LCONSTRUCTION MANAGEMENT. AND INSPECTION,SERVICES
THI&SECOND'AMEN DM ENT,("Second Amendment") to.,the,,Contract between the City of<Vista and'Duclek, dated March 26, 2020 ("Contract"), is made;and entered into as of r(YY�x-c_Qn 3 ("Second Amendment'Date"); by,and between the City of Vista, a chartered municipal corporation,("City"), Buena-San itation District, a County Sanitation District ("District") and Dudek; a:California corporation ("Contractor').
Recitals: Ci,ty,,District,Eand'Contractor now desire to enter into a Second Amendment to the Contract by Modifying 6e terms'of'the Contract.
NOW, THEREFORE, in of these recitals and the mutual covenants contained herein, City;`District, and�Contractor_agree as-follows:
1. Section 2.4'of the.:Contract is amended to expand'the scope,of services by adding the additional services described in Contractor's proposal dated October 1, 2020 (Exhibit A).
2. Section 2.6 is amended increase the contract ceiling by $362,250 to a new total contract ceiling of'$1,012;250, to compensate Contractor for the expanded scope of services. (Continued on page 2.1
00095090 2
EXHIBIT 5
06/28/2022 C5 Page 7 of 32
DocuSign Envelope ID:20068414-19F9-44C7-84A1-FA6AB8EC35D2 Dudek
Contract Amendment
Page,2
3. All other conditions of the Contract shall continue in full16rce;and.effect.
IN WITNESS'WHEREOF,.the parties'have�.executed and entered into,this Second Amendment,as'of the Second Amendment'Date.
CITY OF.VISTA, a.cliartered municipal. DUDEK, a Cal ifornia:corporation� corporation' 0ocu516ned by:
By: By:
JUDY R MAYOR
7oseph ;Morjaco
NAMEIT presfdent and, chief Execut'we
��� .;
BUENA SAI ION DISTRICT,'a County
Sani'tatio_n District By
NAMEITitle
on23iAssu�ooaaa..:
1 Christine'� .Moore CFO
. -
JUDY I ER; CHAIRPERSON
ATTEST:
KATHY VALDEZ, CITY CLERK/CLERWOF THEE
BOARD
By:
APPROVED AS TO FORM:. ,
DAROLD PIEPER, CITY ATTORNEY/DISTRICT
COUNSEL
By:
RISK,MANAGEMENT REVIEW:
DOLORES GA CON, RISKMANAGER
By:
APPROVED
Darold.Pieper
202 103031 63353
000960902
06/28/2022 C5 Page 8 of 32
DocuSign Envelope'I0:,20068414-19F9-44C7-84A1-FA6AB8EC35D2
EXHIBIT A
Construction Management, 1645 S. Rancho Santa Fe Rd, En ineerin ,and (760)759-2463
D U ® E � 8 S Suite_201,
EnvironmentalSclerices San Marcos, CA 92078
October 1, 2020
Mr. Tony White
City of Vista
200 Civic Center Drive
Vista, CA, 92084
Re: Proposal for CM Services for Pala.Vista Park Project-C1P 8296 Dear Mr. White:
We appreciate the opportunity to submit this proposal for the subject park project: Dudek is currently providing CM services on the Bub Williamson. Park project and have provided CM services for various park projects for the cities of San Marcos, Oceanside;'Carlsbad and Del Mar.
Mr. Skip Hammann will'be-the CM for this project and have estimated his level of effort to be an average of30 hours per week. Ve" have also estimated the construction schedule to be 70 weeks. .Based on these parameters.our proposal is.as follows:, CM Services:
• CM - 30"hours/week average x 70 weeks (2100 hours) x S172.50=$362,250.00 *Laboratory/materials testing and inspection services will be provided by others.
We appreciate.the opportunity to provide the City with consulting services. Please call me on my cell phone (619-980'-7048) if you have any questions.
Sincerely$
George L' i` er, PE.
Principal
Pala Vista Park
06/28/2022 C5 Page 9 of 32
i
i
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA,
BUENA SANITATION DISTRICT AND DUDEK FOR AS-NEEDED
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
THIS FIRST AMENDMENT ("First Amendment") to the Contract between the City of Vista and Dudek, dated March 26, 2020 ("Contract"), is made and entered into as of :-�( I y e q . Q 4e) ,("First Amendment Date"), by and between the City of Vista, a chartered municipal corporation ("City"), Buena Sanitation District, a County Sanitation District ("District") and Dudek, a California corporation ("Contractor").
Recitals: City, District, and Contractor now desire to enter into a First Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City, District, and Contractor agree as foliows:
1. Section 2.4 of the Contract is amended to expand the scope of services by adding the additional services described in Contractor's proposal May 4, 2020 (Exhibit A).
2. Section 2.6 is amended increase the contract ceiling by$150,000 to a new total contract ceiling of$650,000, to compensate Contractor for the expanded scope of services. [Continued on page 2.]
000855372
06/28/2022 C5 Page 10 of 32
Dudek
Contract Amendment
3. All other conditions of the Contract shall continue t ue In full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the First Amendment Date.
CITY OF VISTA, a chartered municipal DUDEK, a California corporation corporation
By: By:
JUDY RI , MAYOR
NAME/Title Joseph Monaco
e(MM
BUENA SANITATION DISTRICT, a County
Sanitation District By. y Dudek
By.
NAME/Title fT Chief Financial s 7 n� Meere
C�FTinaa Officer
DIRECTOR J D BITTER, CHAIRPERSON Dudek
ATTEST:
KATHY VALDEZ, CITY CLERK/CLERK OF THE
BOARD
By: � 4� i ( -�'
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY/DISTRICT
COLINSE
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Darold Pieper
20200512152953
000855372
06/28/2022 C5 Page 11 of 32
EXHBIT A
Construction Management, 1645 S. Rancho Santa Fe Rd, DV D E K Engineering,and Suite 201, (760)759-2463 Environmental Sciences San Marcos,CA 92078
May 4,2020
Ms. Amanda Lee
City of Vista
200 Civic Center Drive
Vista,CA,92084
Re: Proposal for CM Services for Bub Williamson Park Renovation Project-CiP 8282 Dear Ms. Lee:
We appreciate the opportunity to submit our proposal for the subject park project. Dudek has the experience and capabilities to provide CM services for this project, having completed numerous recent park projects for the cities of San Marcos, Oceanside, Carlsbad and Del Mar. In fact, we are very familiar with this area of Vista as we are currently providing CM and inspection services for the West Vista Way Sewer project, which is very close to the park. We understand that the City is looking for CM services and for budgeting purposes we have included hours for a part time CM. Based on a 1-year construction schedule our proposal is as follows:
CM and Inspection Services:
• CM - 4 hours/day average x 260-working days(1000 hours) @ $150.00 =$150,000.00 *Laboratory/materials testing and inspection services will be provided by others.
We appreciate the opportunity to provide the City with consulting services. Please call me on my cell phone (619-980-7048) if you have any questions.
Sincerely,
George . zi er, PE.
Principa
Vista Park
06/28/2022 C5 Page 12 of 32
CONTRACT FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
THIS "CONTRACT" is entered into by and between the"Parties" as of i')'V:_ ("Contract Date"). m
1.0 THE "PARTIES"
The "City": The "Contractor"
CITY OF VISTA, a chartered municipal DUDEK, a California corporation corporation 605 Third Street
and Encinitas, CA 92024
BUENA SANITATION DISTRICT, a County
Sanitation District Contact: George Litzinger
200 Civic Center Drive
Vista, CA 92084
Working Contact: Elmer Alex
Billing Contact: Erin Adams
2.0 BASIC TERMS
2.1 The"Services"to be performed by Contractor are set forth in ("Exhibit A").
2.2 The"Required License"for the Services is: N/A.
2.3 Contractor, an entity holding the Required License, desires to enter into this "Contract" with City for the Services.
2.4 The"Project"for which the Services are required is described in Exhibit A.
2.5 Contractor has submitted to City a Proposal to perform the Services dated January 28, 2020 ("Exhibit B").
2.6 The"Contract Ceiling Price" is: $500,000.
2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date-
3.2 This Contract shall be in effect for 36 calendar months ("Term")from the Contract Date. The Term may be extended at the City's option for an additional 24 months, in increments of City's choice, for a maximum Term of 60 from the Contract Date. 000826032 1 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 13 of 32
3.3 City may terminate this Contract upon 30-days' written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any,
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to 00082803 2 2 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 14 of 32
this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A—E and the Standard Specifications (defined below).
7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 ASSISTANCE BY CITY
All information, data, records, reports and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records reports and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience and facilities necessary to properly perform the Services required under this Contract in a thorough, competent and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
000826032 3 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 15 of 32
10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
10.1 Except as otherwise provided, whenever reference is made to "Standard Specifications", it shall mean,-
Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee ("Greenbook") and the City of Vista Special Provisions to the Greenbook.
10.2 Except as otherwise provided, whenever reference is made to "Standard Plans", it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
Cam: The City of Vista.
Board: The City Council of the City of Vista.
Praw_in0s...©r Marrs: All drawings, plans, maps, profiles and diagrams delineating the work on the Services.
12.0 CONTRACTOR'S STATUS; CONTRACTOR'S EMPLOYEES
12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership,joint venture, or association between City and Contractor.
12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
12.3 Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
12.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the 000826032 4 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 16 of 32
eligibility for employment of all of Contractor's officers, employees, agents and subcontractors that are included in this Contract.
12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.
13.0 CIVIL RIGHTS
13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person's race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also 000826032 5 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 17 of 32
indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
15.0 ASSIGNMENT AND SUBCONSULTING
15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager's designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager's designee.
16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state or local law, Contractor 000ersos z 6 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 18 of 32
warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
17.0 FINANCIAL' RECORDS
17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor's performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.
19.0 CONFIDENTIALITY
19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
000826032 7 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 19 of 32
19.3 Contractor's obligations under this paragraph shall survive the termination of this Contract.
20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act(Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act(Health &Safety Code 33000 et seq.) and all regulations promulgated thereunder(collectively "Conflict Laws"). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest(under the laws)that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk. Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term "City Official" shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, "Liability") arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or(2)for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i)that City's active negligence contributed to the Liability on a comparative basis; or(ii) such other amount as may be required by law("Duty of Indemnification").
23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C. 000826032 8 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 20 of 32
24.0 SERVICE OF NOTICE
24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774-1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.
No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work 000826032 9 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 21 of 32
contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
"City" "Contractor"
CITY OF VISTA, a chartered municipal DUDEK, a California corporation corporation r
JUDY R . , MAYOR
� ��s_ � Ill r�•� � �'�s, �C�
BUENA SANITATION DISTRICT, a County Name/Title
Sanitation District
By
r �
i
JUDY nER,14AYOR
ATTEST: Nameftitie
KATHY VALDEZ, CITY CLERK/CLERK OF THE
BOARD
By: 1 r
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY/DISTRICT
COUNSEL f�
By:
RISK MANAGEMENT REVIEW:
DOL E A N, RISK M NAGER
By:
APPROVED
Darold Pieper
20200227141157
000826032 10 of 10 DUDEK
Professional Services—RFP—Prevailing Wages
06/28/2022 C5 Page 22 of 32
_--Iqi • •
ACOR"' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 8/28/2021 8/17/2020
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 t , qn SLO the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to th egifI.1t Iq r trt ejli of such endorsement(s).
PRODUCER Lockton Comp anies NAME:
444 w.47tn St[eet,suits soa PHONE ___7TU 202� E-MAIL
Kansas Cityy MO 64112-1906 wc,No Ezt: AJC No AUG
���
(816)960-9000
ADDRESS'
CITY CLERK INSURER(S)AFFORDING COVERAGE NAIC# r-4Tv 1`111 ETA CA INSURER A: Zurich American Insurance Company 16535 INSURED DUDEK INSURER B: Continental Casualty Company 20443 1474534 605 THIRD STREET INSURER C: American Guarantee and Liab.Ins,CO. 26247 ENCINITAS CA 92024
INSURER D:
INSURER
INSURER F-
COVERAGES CERTIFICATE NUMBER: 16632521 REVISION NUMBER: XXXXXXX
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.
INSR ADDL SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDrfYYY MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y N GLO0146311 9/28/2020 8/28/2021 EACH OCCURRENCE 1,000,000 CLAIMS-MADE�OCCUR DAMAGE TO RENTED ]OO OOa PREMISES Ea occurrence MED EXP(Any oneperson) ]O OOO
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 PpLICYFX7 PR JE LOCO-
PRODUCTS-COMP/OP AGO $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y N BAP0146329 8/28/2020 8/28/2021 COMBINED SINGLE LIMfT Ea accident $ 1,000,aaa
X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX AAUTOS ONLY SCHEDULED BODILY INJURY(Per accident S XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident
$ XXXXXXX
C X UMBRELLA LIAR X OCCUR N N AUC0146407 8/28/2020 8/28/2021 EACH OCCURRENCE $ 1 aaa aaa EXCESS LIAB CLAIMS-MADE AGGREGATE $ ] aaa aaa DED RETENTION$ $ xxxxxxx
A WORKERS COMPENSATION Y WC0146330 9/28/2020 8/28/2021 X I STATUTE OER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT 7 OFFICERIMEMRER EXCLUOEO7 NIA $ 1,000,000 (Mgandatory in NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 If es descre under
DESCRIPTION OF OPERATIONS below
E.L.DISEASE-POLICY LIMIT S 1,000,000
B PROFFSSIONAL N N EEH591932835 9/28/2020 8/28/2021 PER CLAIM S1,000,000 LIABILITY AGGREGATE S1,000.000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THE CITY,ITS OFFICERS,OFFICIALS,EMPLOYEES,AND VOLUNTEERS ARE AN ADDITIONAL INSURED ON THE—GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT. GENERAL LIABILITY AND AU-1-0 LIABILITY IS/ART:PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALT.BE EXCESS ONLY AND NON-CONTRIBUTING WITH THIS INSURANCE.A WAIVER OP SUBROGATION APPLIES TO THE WORKERS COMPENSATION POLICY IN FAVOR OFT[IE ADDITIONAL INSIJRED CERTIFICATE HOLDER CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
16632521 AUTHORIZED REPRESENTATIVE
CITY OF VISTA&BUENA SANITATION DISTRICT
2ND FLOOR,CITY CLERK'S OFFICE
ATTN:ELMER ALEX
200 CIVIC CENTER DRIVE
VISTA CA 92084
ACORD 25(Ub/L�$/2�22 91 8-2015 ACORD CORPORATION.� e,�lj ht served Ub/L The ACORD name and logo arristered marks of ACORD g L�j rr 1
Attachment Code : D574650 Certificate II6632521 .
Policy Number, WC0146330
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC040306
SEci. 4-841
WAIVER. OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule,
The additional premium for this endorsement shall be 0 % of the California workers' compensation pre, mium otherwise due on such remuneration.
Person or Organization Schedule
Per attached certificate
Job Description
ALL PERSONS AND/OR ORGANIZATIONS THAT
ARE REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, EXECUTED
PRIOR TO THE ACCIDENT OR LOSS, THAT
WAIVER OF SUBROGATION BE PROVIDED
UNDER THIS POLICY FOR. wow( PERFORMED
BY YOU FOR THAT PERSON AND/OR ORGANIZATION
WC 252 (4841
WC 04 03 06 (Ed. 4-84)
06/28/2022 C5 Page 24 of 32
Attachment Code :D575547 Certificate 1D4$6632521 • Additional Insured — Owners, Lessees
Or Contractors — Scheduled Person Or
Organization
Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Addl.Prem Return Prem.
GLOO146311 8/28/2020 8/28/2021 8/28/2020 INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: DUDEK
Address (including ZIP Code):
605 3RD ST
ENCINITAS, CA 92024-3513
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person(s) Location And Description Of Covered Operations Or Organization(s)
CITY OF VISTA & BUENA SANITATION DISTRICT,"
2ND FLOOR, CITY CLERK'S OFFICE
ATTN: ELMER ALEX
200 CIVIC CENTER DRIVE
VISTACA -92084
A
S
ection I[ — Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above, whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations ' or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above.
However, the insurance afforded to such additional insured:
06/28/2022 C5 Page 25 of 32
Attachment Code : D575547 Certificate ID 66'2521 •
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional architectural, engineering or surveying services.
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions:
The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or"suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory.
D. For the purpose of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions:
Primary and Noncontributory insurance
This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.
E. With respect to the insurance afforded to the additional insureds under this endorsement, the 06/28/2022 C5 Page 26 of 32
Attachment Code : D575547 Certificate ID4$6632521
following is added to Section III —Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. 06/28/2022 C5 Page 27 of 32
a. DATE(MMIDD/YYYY)
,a��►zr� CERTIFICATE OF LIABILITY INSURANCE
8/28/2020 316/2020
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 endorssment(s).
PRODUCER Lockton Companies CONTACT
444 W.47th Street,Suite 900 PHONE FAX
Kansas City MO 64112-1906 d — '(n,'C,N41:_.. (816)960-9000
INSURERS)AFFORDING COVERAGE NAIC# _
INSURER A:Zurich American Insurance Company 16535
INSURED DUDEK INSURER B:Continental Casualtv Comnanv _20443 1475107 605 THIRD STREET INSURER C:American Guarantee and Liab. Ins.Co, 26247 ENCINITAS CA 92024 INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 106325"1 REVISION NUMBER: xxxxxXX
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 INSR AaUL SUBR POLICY EFF POLICY EXP
L7R TYPE OF INSURANCE INSU VJVU PtlLICY NUMBER fMMIDDIYYYYI fMMIODIVYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y N GLOO146311 8/28/2019 8/28/2020 EACH OCCURRENCE $ 1,000A00 CLAIMS-MADE OCCUR O RENTED
PREMISES!Fa nrriJrronrnl $ 100,000
MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000.000
G£NI.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POIJCY_n l JECT �X LOC PRODUCTS-COMP/OP AGG $ 2-000-000 OTIIER: $
A AUTOMOBILE LIABILITY Y N BAP0146329 8/28/2019 8/28/2020 f OMBINEDISINGLE LIMIT Foappi den_) $ 1.000-000 Ix
ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULEDer accidenAUTOS ONLY AUTOS BODILY INJURY(Pt $ XXXXXXX _ )HIRED NON-OWNED PRCPERTYDAMAGE. $ XXXXXXX AUTOS ONLY AUTOS ONLY [Per accdent}. $ XXXXXXX UMBRELLA LIAR OCCUR N N AUC0146407 8/28/2019 8/28/2020 EACH OCCURRENCE $ 1.000.000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1.000.000 DED RETENTION $ XXXXXXX
WORKERS COMPENSATION PE OTR- i
p` AND EMPLOYERS'LIABILITY YIN Y WC0146330 8/28/2019 8/28/2020 X S" UTF I I ER..
ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? � N I A
(Mandatory in NH)
E L DISEASE-EA EMPLOYEE $ 1.000.000 _
If yes,describe under ---
DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ 1.000.000 B PROFESSIONAL N N EEH591932835 8/21/2011 S/28/2020 PER CLAIM$1,000,000 LIABILITY AGGREGATE 12,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THE CITY,ITS OFFICERS,OFFICIALS,EMPLOYEES,AND VOLUNTEERS ARE AN ADDITIONAL INSURED ON THE,—GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT.GENERAL LIABILITY AND AUTO LIABILITY IS/ARE PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NON-CONTRIBUTING WITH THIS INSURANCE.A WAIVER OF
SUBROGATION APPLIES TO THE WORKERS COMPENSATION POLICY IN FAVOR OF THE ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION Scc Attachments 16632521
CITY OF VISTA&BUENA SANITATION DISTRICT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2ND FLOOR,CITY CLERK'S OFFICE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: ELMER ALEX ACCORDANCE WITH THE POLICY PROVISIONS. 200 CIVIC CENTER DRIVE
VISTA CA 92084 AUTHORIZED REPRESENTATIVC
I' i frF
©1988.2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 06/28/2022 C5 Page 28 of 32
Attachment Code: D574650 Certificate ID: 16632521
Policy Number, WC0146330
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06
SEci.4-841
WAIVER. OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule,
The additional premium for this endorsement shall be 0 % of the California workers'compensation pre, mium otherwise due on such remuneration.
Person or Organization Schedule
Job Description
ALL PERSONS AND/OR ORGANIZATIONS THAT
ARE REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, EXECUTED
PRIOR TO THE ACCIDENT OR LOSS, THAT
WAIVER OF SUBROGATION BE PROVIDED
UNDER THIS POLICY FOR. wow( PERFORMED
BY YOU FOR THAT PERSON AND/OR ORGANIZATION
WC 252 (4841
WC 04 03 06(Ed. 4-84)
06/28/2022 C5 Page 29 of 32
Attachment Code: D575547 Certificate ID: 16632521
Additional Insured - Owners, Lessees
Or Contractors - Scheduled Person Or
Organization
Policy No. I Eff.Date of Pol. Exo.Date of Pol. Eff.Date of End. Producer No. Add'[ Prem Return Prer..-- GLO O146311 03 1 08/28/2019 08/28/2020 64955000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: DUDEK
Address(including ZIP Code):
605 3RD ST
ENCINITAS, CA 92024-3513
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person(s) Location And Description Of Covered Operations Or Organization(s)
CITY OF VISTA& BUENA SANITATION DISTRICT BUENA SANITATION DISTRICT 2ND FLOOR, CITY CLERK'S OFFICE
ATTN: ELMER ALEX
200 CIVIC CENTER DRIVE
VISTACA 92084
A
S
ection II — Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above, whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
06/28/2022 C5 Page 30 of 32
Attachment Code: D575547 Certificate 1D: 16632521
2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional Pxrlijsicn applies: This insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or"property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional architectural, engineering or surveying services.
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions:
The additional insured must see to it that:
1. We are notified as soon as practicable of an 'occurrence"or offense that may result in a claim;
2. We receive written notice of a claim or"suit'as soon as practicable; and
3. A request for defense and indemnity of the claim or"suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in anv capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory.
D. For the purpose of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions:
Primary and Noncontributory insurance
This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV —Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.
E. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance:
06/28/2022 C5 Page 31 of 32
Attachment Code: D575547 Certificate ID: 16632521
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. 06/28/2022 C5 Page 32 of 32