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Department: Engineering Item No: C6
Erin Adams, Management Analyst
Prepared by: Matt Atteberry, Principal Engineer Meeting Date: November 15, 2022 Greg Mayer, City Engineer
Approved by: Amanda Lee, Acting City Manager Agenda Location: Consent Calendar SUBJECT: AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR STREET REHABILITATION RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving an agreement with the county of San Diego for the roadway resurfacing of Catalina Avenue.
CORRELATION TO CITY COUNCIL GOALS: (1) Fiscal Responsibility, (2) Climate and Environmental Responsibility, and (3) Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.
PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving the Six- Year Capital Improvement Program and Fiscal Years 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter experienced online technical difficulties).
STATEMENT ON THE SUBJECT: The County of San Diego (County) currently has a roadway resurfacing project planned for portions of Catalina Avenue within the unincorporated County, which excludes a City segment of Catalina Avenue. The County contacted the City to inquire whether there is interest in partnering with them to resurface the excluded segment of Catalina Avenue. Staff reviewed the County's workplan and has determined that the proposed work is consistent with City standards for the resurfacing of Catalina Avenue.
The work will include milling the existing street surface to a depth of 2 inches to remove surface distresses and irregularities. Two inches of asphalt concrete will then be placed within the milled section and restriped to match the existing.
By having the County complete the City's section, the entire street will be rehabilitated, creating a consistent ride quality. Additionally, partnering with the County allows for more efficient maintenance of these multi-jurisdictional streets because it will reduce overall costs by processing the two separate improvements as one project.
The County acting as the lead agency will provide administrative, technical, managerial, and support services necessary for the project implementation. The City will fund 100 percent of the cost of the work within the City limits.
ACTION: Approved above recommendation, adopted City Council Resolution No. 2022-161.
Vote: 5-0
Clerk/Skretary
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MEETING DATE: November 15, 2022 PAGE 2
SUBJECT: AGREEMENT WITH SAN DIEGO COUNTY FOR STREET REHABILITATION FISCAL IMPACT: The estimated cost to complete the work is $110,667 including soft costs and a 10 percent contingency, which will be deposited with the County prior to the work being performed.
Sufficient funding is budgeted and available in the Fiscal Years 2022/23 and 2023/24 Capital Improvement Budgets in CIP No. 8225 source appropriation account (No. 1116101.578999.8225).
EXHIBITS:
1. City Council Resolution 2022- , approving of agreements with the County of San Diego for the resurfacing of Catalina Avenue
2. Agreement with the County of San Diego for Catalina Avenue Roadway Resurfacing
3. Exhibit A— Resurfacing Exhibit
4. Exhibit B — Estimated City Project Cost
5. Exhibit C —Agreement Designating the County of San Diego as Lead Agency for Project
6. Exhibit D — City of Vista Insurance Requirements
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH THE COUNTY OF
SAN DIEGO FOR THE ROADWAY RESURFACING OF CATALINA AVENUE The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The County of San Diego has a roadway resurfacing project planned for portions of Catalina Avenue within the unincorporated County which excludes a City segment.
B. The County of San Diego has offered to partner with the City of Vista to include resurfacing the City segment of Cataline Avenue.
C. Staff reviewed the County of San Diego's workplan and has determined that the proposed work is consistent with City standards and recommend City Council approve the agreement.
2. Action.
A. The Agreement between the County of San Diego and the City of Vista for Catalina Avenue Roadway Resurfacing is approved, and the Mayor is authorize to execute the agreement.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on November 15, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20221104150831
000292137 EXHIBIT 1
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AGREEMENT BY AND BETWEEN
COUNTY OF SAN DIEGO
AND
CITY OF VISTA
FOR
CATALINA AVENUE ROADWAY RESURFACING
This Agreement for Catalina Avenue Roadway Resurfacing ("Agreement") is entered into this 15th day of November,2022, by and between the County of San Diego,a political subdivision of the State of California (hereinafter "COUNTY"), and the City of Vista, a municipal corporation (hereinafter "CITY"), for Roadway Resurfacing of Catalina Avenue, located within the jurisdictional boundaries of CITY.The COUNTY and CITY may be hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES".
A. Pursuant to Government Code section 54981 and Streets & Highways Code sections 1685 and 1803 the legislative body of the CITY is authorized to contract with the legislative body of the COUNTY for the performance of municipal services for the maintenance, construction, or repair of streets within the territory of the CITY.
B. The COUNTY currently has a Roadway Resurfacing Project planned for portions of Catalina Avenue within the unincorporated county,which excludes a segment of Catalina Avenue located between the two unincorporated segments ("COUNTY PROJECT").
C. The CITY currently has jurisdiction over the segment of Catalina Avenue located between the unincorporated road segments included in the COUNTY PROJECT.
D. COUNTY and CITY have mutually agreed that the CITY portion of Catalina Avenue needs roadway resurfacing.
E. The CITY limits of Catalina Avenue are shown on "Exhibit A". All improvements being proposed within CITY limits shall be referred to as CITY PROJECT.
F. The roadway resurfacing on Catalina Avenue will consist of asphalt concrete mill and inlay. The existing surface will be milled to a depth of 2 inches to remove surface distresses and irregularities.
Two inches of asphalt concrete will then be placed within the milled section. With concurrence of both agencies, this pavement strategy may be amended at spot locations due to localized rehabilitation methods that may come up.
G. COUNTY and CITY desire to have one agency take the lead role in the implementation of the roadway improvements to coordinate the improvements located in the two jurisdictions and the legislative body of the CITY finds in accordance with Streets & Highways Code section 1803 that COUNTY's completion of work on the CITY PORJECT is necessary for the more efficient maintenance of CITY streets because it will reduce overall CITY costs by processing the two separate jurisdictional improvements as one project.
H. COUNTY will provide the administrative,technical, managerial, and support services necessary for the implementation of the CITY PROJECT. CITY will fund one hundred percent (100%) of the cost of the CITY PROJECT. COUNTY will fund one hundred percent (100%) of the cost of the COUNTY PROJECT.
EXHIBIT 2
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I. COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed in conjunction with the COUNTY PROJECT.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:
SECTION 1 e COUNTY AGREES:
1. To act as the lead agency on behalf of the CITY for the overall development and implementation of the CITY PROJECT.The COUNTY is providing road maintenance and repair services on a portion of Catalina Avenue within the CITY as shown on Exhibit "A" for which the CITY will reimburse COUNTY.
2. To prepare, or cause to be prepared, detailed plans, specifications and estimates documents ("PS&E") for CITY PROJECT and submit to CITY for review and approval at appropriate stages of development, but in no event at more than 30%, 70% and final design. Final plans for CITY PROJECT meeting CITY standards shall be prepared by COUNTY and signed by a Civil Engineer registered in the State of California. Deviations from CITY standards shall be coordinated with and approved by CITY.
3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT construction,CITY and COUNTY shall coordinate and cooperate in good faith to make all necessary arrangements with the owners of such facilities for their protection, adjustment, relocation, or removal. CITY and COUNTY shall, in good faith, coordinate and cooperate to require the utility owner and/or its contractors performing any relocation work within CITY's right-of-way to obtain a CITY encroachment permit prior to the performance of said relocation work. CITY and COUNTY shall, in good faith,coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdiction's right-of-way.
4. To make written application to CITY for a Construction Permit authorizing entry into CITY's right- of-way for the purposes of constructing CITY PROJECT.
5. In accordance with Exhibit "C", Agreement Designating Lead Agency, to act as the Lead Agency under the California Environmental Quality Act ("CEQA") for the CITY PROJECT. To advertise, award and administer a public works contract for the construction of the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, the Vista Municipal Code, the Vista City Charter, California Labor Code, and California Public Contracting Code.
6. To furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT.
7. To furnish qualified support staff to assist the Resident Engineer; such assistance shall include, but not be limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.
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8. To construct the CITY PROJECT in accordance with approved PS&E documents.
9. To submit any contract change order that causes the amount of the CITY PROJECT improvements to exceed $110,667 (as shown in Exhibit B) to CITY for review and approval prior to final authorization by COUNTY.
10. To furnish CITY as-built plans,within one hundred and eighty(180) days following the completion and acceptance of the CITY PROJECT construction contract.
11. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the CITY PROJECT construction contract. If final costs associated with the CITY's improvements are in excess of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY's improvements are less than the Deposit provided in Section 2, COUNTY shall reimburse CITY for the difference with the financial reconciliation.
SECTION 2 e CITY AGREES:
1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in "Exhibit B", CITY will in good faith amend this Agreement to include any such costs under this Agreement, subject to City Council or other CITY approval as applicable.
2. To deposit with COUNTY, within 30 days of executing this Agreement, the full value of the COST ESTIMATE (the "Deposit") as provided in Section 3.1 of this Agreement.
3. To approve the COUNTY's or its contractor's properly submitted and completed Public Right-of- Way Permit application to authorize entry onto CITY's right-of-way to perform all surveys and other field activities required for preparation of the PS&E, utility coordination, and construction of the CITY PROJECT within 45 days of the application being deemed complete. CITY agrees to reimburse COUNTY for COUNTY's, or its contractor's, cost to obtain such permit and for any requirements of said permit not required by COUNTY's construction contract.
4. To provide a representative to coordinate with the COUNTY's Project Manager during the development and the construction of CITY PROJECT, and to verify facilities are constructed as required by this Agreement, if applicable.
5. To provide oversight of the CITY PROJECT, to promptly provide reviews and approvals within no more than 30 calendar days from CITY's receipt of complete documents unless a longer period is specified by the Agreement, as appropriate, of submittals by COUNTY, and to cooperate in processing of the CITY PROJECT.
6. To pay within 45 days of receipt, the invoice for final reconciled cost in excess of the Deposit amount for CITY PROJECT submitted by COUNTY for services rendered in accordance with this Agreement, subject to City Council or other CITY approval as applicable.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. The total cost to CITY to complete PS&E documents, construction, including construction survey, inspection and a material testing for CITY PROJECT is estimated to be,one hundred ten thousand, six hundred sixty-seven dollars ($110,667) as detailed in "Exhibit B" ("COST ESTIMATE").
2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.
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3. During any portion of the CITY PROJECT,if a cost overrun exceeding ten percent(10%)of the COST ESTIMATE is identified, COUNTY and CITY shall endeavor to agree upon a course of action in a timely manner to avoid construction delay, contractor mobilization, or similar costs.
4. Construction by COUNTY of improvements referred to herein which lie within CITY's rights-of-way shall not be commenced until a Public Right-of-Way Permit has been issued to COUNTY, or COUNTY's contractor,authorizing such work;which permit,shall not be unreasonably conditioned or delayed by CITY.
5. The PARTIES shall obtain and/or cause any agent, subcontractor, or other representative of that PARTY to maintain insurance at its own cost and expense and keep in force and effect during the term of this Agreement, including all extensions, policies of insurance or programs of self- insurance with policy limits in sufficient amounts to cover any and all potential liability of such PARTY hereunder. COUNTY shall ensure that any contractor or subcontractors working on the CITY PROJECT will name the City of Vista and its respective elected officials, officers, employees, agents,and representatives as additional insureds under all policies of insurance,and shall ensure that additional insured certificates be provided to CITY as specifically set forth in Exhibit D, City of Vista Insurance Requirements. COUNTY shall also ensure that any contractor or subcontractor working on the CITY PROJECT will agree to defend and indemnify the CITY and its respective elected officials, officers, employees, agents, and representatives against any claims arising out of the CITY PROJECT, with the exception of claims arising out of the CITY'S active negligence or willful misconduct. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside, and no further agreement will be necessary to transfer ownership.
6. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT.
COUNTY shall be responsible for the maintenance of the improvements provided by COUNTY PROJECT.
7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.
8. In the event that either party defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the other party shall have the option to terminate this Agreement for default.
9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the same shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in anyway.
10. This Agreement is to be construed in accordance with the laws of the State of California.
11. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other PARTY.
12. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the City and County of San Diego, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the PARTIES hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of
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convenience by CITY or COUNTY shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against the PARTY that prepared it in its final form.
14. Any waiver by COUNTY or CITY of any breach by any other PARTY of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of COUNTY or CITY to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or stopping COUNTY or CITY from enforcing this Agreement.
15. This Agreement and the Exhibits herein contain the entire agreement between the PARTIES and are intended by the PARTIES to completely state the Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any PARTY in relation thereto, not expressly set forth in this Agreement, is null and void.
16. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or affect the legal liability of any party to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law.
17. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.
18. The Parties shall be in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. The Parties shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.
19. Any PARTY may propose amendments to this Agreement by providing written notice of such amendments to the other PARTY. This Agreement may only be amended by a written amendment signed by each PARTY'S administrator.
20. This Agreement only applies to the CITY PROJECT described herein and does not set forth any additional current or future obligations or agreements between the parties, except that the parties may by written amendment amend the scope of this Agreement.
21. This Agreement shall become effective on the date all the parties have signed this Agreement and be in force until two years from the execution date.
22. The COUNTY or CITY may, by written notice stating the extent and effective date, terminate this Agreement for convenience in whole or in part, at any time prior to the award of a construction contract for the CITY PROJECT by COUNTY.
23. This Agreement may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The Agreement may be executed using an electronic signature, which signature if bearing a date stamp providing reasonable assurance of authenticity from the agency shall be deemed an original.
24. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the Parties may designate:
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COUNTY:
County of San Diego, Department of Public Works
Attn:Jeff Moneda, Director of Public Works
5510 Overland Ave, Suite 410
San Diego, CA 92123
Phone: (858) 694-2233
CITY:
City of Vista, Engineering Department
Attn: Greg Mayer, City Engineer
200 Civic Center Drive
Vista, CA 92084
Phone: (760) 643-5408
Attachments:
1. EXHIBITA—PROJECT MAP ATTACHED
2. EXHIBIT B—COUNTY ESTIMATED PROJECT COSTS
3. EXHIBIT C—AGREEMENT DESIGNATING THE COUNTY OF SAN DIEGO AS THE LEAD AGENCY FOR
PROJECT
4. EXHIBIT D—CITY OF VISTA INSURANCE REQUIREMENTS
IN WITNESS WHEREOF,this Agreement is executed by the City of Vista and the County of San Diego,acting by and through their authorized officers.
COUNTY OF SAN DIEGO CITY OF VISTA
BY:
BY: JUDY RITTER, Mayor
ANDREW POTTER DATE:
Executive Officer/Clerk of the Board of Supervisors
DATE:
ATTEST
Approved as to form and legality
BY:
BY: KATHY VALDEZ, City Clerk
THOMAS L. BOSWORTH DATE:
Sr. Deputy County Counsel
Approved as to form this_day of
12022.
BY:
WALTER C. CHUNG, CITY ATTORNEY
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County DPW Resurfacing Exhibit
Catalina Avenue
I Me
Y
EXHIBIT 3
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FY 2022-23(Year 6)Resurfacing City-County Coordination
SUPERVISORIAL DISTRICT 5
Est Total Cost
(Const+28%
Est Soft Cost+
Construction 20% City Length
County Planning Group Road Name FROM TO #LANES Area(SY) Treatment Cost Contingency) (MI) NORTH COUNTY METRO(ISL) CATALINA AV VISTA CL ENTER CUL DE SAC 2998 2"Mill/Inlay $74,775 $110,666.56 0.18 TO2 998 74,774.70 110,666.56 0.18
Mill Inlay
No. Code Item Description Qty Unit Cost Total 1 Prepare Water Pollution Control Program 1 LS $500 $500 2 Construction Site Management 1 LS $5,000 $5,000 3 Plane Asphalt Concrete Pavement(Full 2,998 SY $3.75 $11,243 Width)
4 Replace Asphalt Concrete Surfacing 13 CY $225 $2,925 5 Tack Coat 1 TON $800 $880
6 HMA Type A 358 TON $115 $41,170
7 Asphaltic Emulsion(Fog Seal Dike) 0.02 TON $1,250 $25 8 Paint Traffic Stripe(2-Coat) 1,630 LF $0.45 $734 9 Thermoplastic Pavement Marking 26 SF $5.00 $130 10 Pavement Marker,Retroreflective 106 EA $3.50 $371 11 Field Orders 1 DLR $5,000 $5,000
Base Subtotal $67,977
Contingency(10%) $6,798
Base Total $74,775 $24.94
EXHIBIT 4
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Attachment C
AGREEMENT DESIGNATING THE COUNTY OF SAN DIEGO AS THE LEAD AGENCY FOR PROJECT This agreement is made between the County of San Diego (County) and City of Vista (City) under Title 14 California Code of Regulations 15051(d), designating the County as the lead agency under the California Environmental Quality Act(CEQA)for the City Project.
WHEREAS,the County and City desire the County to carry out the City Project pursuant to Roadway Resurfacing of Catalina Avenue;
WHEREAS,the City currently has jurisdiction over sections of the roadways where the City Project is located, and the City will fund one hundred percent (100%) of the City Project; WHEREAS, both parties are public agencies that may each carry out or approve portions of the project, and both may have substantial claim to act as lead agency under CEQA; NOW THEREFORE, the parties agree that the County will act as the CEQA lead agency for the environmental review of the project and will have all discretion to fulfill the obligations of a CEQA lead agency with respect to the project.
IN WITNESS WHEREOF,this Agreement is executed by the City of Vista and the County of San Diego, acting by and through their authorized officers.
COUNTY OF SAN DIEGO CITY OF VISTA
BY: BY:
ANDREW POTTER JUDY RITTER,
Executive Officer/Clerk of the Board of Supervisors Mayor DATE: DATE:
Approved as to form and legality ATTEST
BY:
THOMAS L. BOSWORTH
BY.
Sr. Deputy County Counsel
KATHY VALDEZ,
City Clerk
DATE:
Approved as to form this_day of
12022.
BY:
WALTER C. CHUNG, CITY ATTORNEY
EXHIBIT 5
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Exhibit D—City of Vista Insurance Requirements
The City of Vista's Insurance Requirements are as follows:
Standard Specifications for Public Works Construction("The GREENBOOK") http://www.greenbookspecs.org/ 2018, Document No. PWPI010119-01, Section 5-4 INSURANCE. 5-4 INSURANCE.To the"GREENBOOK", DELETE in its entirety and SUBSTITUTE with the following:
5-4 INSURANCE.
1. The insurance provisions herein shall not be construed to limit your indemnity obligations contained in the Contract.
5-4.1 Policies and Procedures.
1. You shall procure the insurance or self-insurance (collectively "insurance") described below, at its sole cost and expense,to provide coverage against claims for loss including injuries to persons or damage to property,which may arise out of or in connection with the performance of the Work by you, your agents, representatives, officers, employees or Subcontractors.
2. Insurance coverage for property damage resulting from your operations is on a replacement cost valuation.The market value will not be accepted.
3. You shall maintain this insurance for the duration of this Contract and at all times thereafter when you are correcting, removing, or replacing Work in accordance with this Contract. Your liabilities under the Contract, e.g., your indemnity obligations, is not deemed limited to the insurance coverage required by this Contract.
4.The payment for insurance shall be included in the Contract Price as bid by you. Except as specifically agreed to by the City in writing, you are not entitled to any additional payment. Do not begin any Work under this Contract until you have provided and the City has approved all required insurance.
5. Policies of insurance shall provide that the City is entitled to 30 Days(10 Days for cancellation due to non-payment of premium) prior written notice of cancellation or non-renewal of the policy. Maintenance of specified insurance coverage is a material element of the Contract. Your failure to maintain or renew coverage or to provide evidence of renewal during the term of the Contract may be treated by the City as a material breach of the Contract. 5-4.2 Types of Insurance.
5-4.2.1 Commercial General Liability Insurance.
1. Commercial General Liability Insurance shall be written on the current version of the ISO Occurrence form CG 00 0107 98 or an equivalent form providing coverage at least as broad.
2.The policy shall cover liability arising from premises and operations,XCU (explosions,underground,and collapse), independent contractors, products/completed operations, personal injury and advertising injury, bodily injury, property damage, and liability assumed under an insured's contract (including the tort liability of another assumed in a business contract).
3. There shall be no endorsement or modification limiting the scope of coverage for either "insured vs. insured" claims or contractual liability.You shall maintain the same or equivalent insurance for at least 10 years following completion of the Work.
4.All costs of defense shall be outside the policy limits. Policy coverage shall be in liability limits of not less than the following:
General Annual Aggregate Limit Limits of Liability Other than Products/Completed Operations $2,000,000 Products/Completed Operations Aggregate Limit $2,000,000 Personal Injury Limit $1,000,000
Each Occurrence $1,000,000
5-4.2.2 Commercial Automobile Liability Insurance.
1.You shall provide a policy or policies of Commercial Automobile Liability Insurance written on the current version of the ISO form CA 00 0112 90 or later version or equivalent form providing coverage at least as broad in the amount of $1,000,000 combined single limit per accident, covering bodily injury and property damage for owned, non- owned,and hired automobiles("Any Auto").
1 EXHIBIT 6
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2.All costs of defense shall be outside the limits of the policy. 5-4.3 Rating Requirements. Except for the State Compensation Insurance Fund, all insurance required by this Contract as described herein shall be carried only by responsible insurance companies with a rating of,or equivalent to, at least "A-, VI" by A.M. Best Company, that are authorized by the California Insurance Commissioner to do business in the State,and that have been approved by the City. 5-4.3.1 Non-Admitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines" carriers only if the carrier is authorized to do business in the State and is included on the List of Approved Surplus Lines Insurers (LASLI list). All policies of insurance carried by non-admitted carriers shall be subject to all of the requirements for policies of insurance provided by admitted carriers described herein. 5-4.4 Evidence of Insurance. Furnish to the City documents e.g., certificates of insurance and endorsements evidencing the insurance required herein, and furnish renewal documentation prior to expiration of this insurance.
Each required document shall be signed by the insurer or a person authorized by the insurer to bind coverage on its behalf.We reserve the right to require complete,certified copies of all insurance policies required herein. 5-4.5 Policy Endorsements.
5-4.5.1 Commercial General Liability Insurance.
5-4.5.1.1 Additional Insured.
1.You shall provide at your expense policy endorsement written on the current version of the ISO Occurrence form CG 20 10 1185 or an equivalent form providing coverage at least as broad.
2. To the fullest extent allowed by law e.g., California Insurance Code §11580.04, the policy shall be endorsed to include the City and its respective elected officials, officers, employees, agents, and representatives as additional insured.
3.The additional insured coverage for projects for which the Engineer's Estimate is$1,000,000 or more shall include liability arising out of:
a) Ongoing operations performed by you or on your behalf, b)your products,
c)your Work,e.g.,your completed operations performed by you or on your behalf,or d) premises owned, leased,controlled,or used by you.
4.The additional insured coverage for projects for which the Engineer's Estimate is less than$1,000,000 shall include liability arising out of:
a) Ongoing operations performed by you or on your behalf, b)your products,or
c) premises owned, leased, controlled,or used by you.
5-4.5.1.2 Primary and Non-Contributory Coverage.The policy shall be endorsed to provide that the coverage with respect to operations, including the completed operations, if appropriate, of the Named Insured is primary to any insurance or self-insurance of the City and its elected officials, officers, employees, agents and representatives.
Further,it shall provide that any insurance maintained by the City and its elected officials,officers,employees,agents and representatives shall be in excess of your insurance and shall not contribute to it. 5-4.5.1.3 Project General Aggregate Limit. The policy or policies shall be endorsed to provide a Designated Construction Project General Aggregate Limit that will apply only to the Work. Only claims payments which arise from the Work shall reduce the Designated Construction Project General Aggregate Limit. The Designated Construction Project General Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed operations hazard.
5-4.5.2 Commercial Automobile Liability Insurance.
5-4.5.2.1 Additional Insured. Unless the policy or policies of Commercial Auto Liability Insurance are written on an ISO form CA 00 0112 90 or a later version of this form or equivalent form providing coverage at least as broad,the policy shall be endorsed to include the City and its respective elected officials, officers, employees, agents, and representatives as additional insured, with respect to liability arising out of automobiles owned, leased, hired or borrowed by you or on your behalf.This endorsement is limited to the obligations permitted by California Insurance Code§11580.04.
5-4.6 Deductibles and Self-Insured Retentions. You shall pay for all deductibles and self-insured retentions. You shall disclose deductibles and self-insured retentions to the City at the time the evidence of insurance is provided. 2 11/15/2022 C6 14 of 15
5-4.7 Reservation of Rights.The City reserves the right,from time to time,to review your insurance coverage,limits, deductibles and self-insured retentions to determine if they are acceptable to the City.The City will reimburse you, without overhead, profit, or any other markup, for the cost of additional premium for any coverage requested by the Engineer but not required by this Contract.
5-4.8 Notice of Changes to Insurance. You shall notify the City 30 Days prior to any material change to the policies of insurance provided under this Contract.
5-4.9 Excess Insurance. Policies providing excess coverage shall follow the form of the primary policy or policies e.g., all endorsements.
5-4.11 Workers'Compensation Insurance and Employers Liability Insurance.
1. In accordance with the provisions of §3700 of the California Labor Code, you shall provide at your expense Workers' Compensation Insurance and Employers Liability Insurance to protect you against all claims under applicable state workers compensation laws.The City, its elected officials,and employees will not be responsible for any claims in law or equity occasioned by your failure to comply with the requirements of this section.
2. Limits for this insurance shall be not less than the following:
Workers'Compensation Statutory Employers Liability Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 each employee
Bodily Injury by Disease $1,000,000 policy limit
3. By signing and returning the Contract you certify that you are aware of the provisions of§3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code and you shall comply with such provisions before commencing the Work as required by§1861 of the California Labor Code. 5-4.11.1 Waiver of Subrogation. The policy or policies shall be endorsed to provide that the insurer will waive all rights of subrogation against the City and its respective elected officials, officers, employees, agents, and representatives for losses paid under the terms of the policy or policies and which arise from Work performed by the Named Insured for the City.
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