HomeMy WebLinkAboutAGENDA REPORT 2013 0403 CCSA REG ITEM 10H ITEM 10.H.
Council Maefing
MOORPARK CITY COUNCIL ---- '3 °/3
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AGENDA REPORT „
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: March 22, 2013 (CC Meeting of 04/03/13)
SUBJECT: Consider Agreement with Calleguas Municipal Water District for
Modifications to Las Posas Feeder Unit 1 and Las Posas Feeder No.
3 for the Widening of Los Angeles Avenue Between Maureen Lane
and Leta Yancy Road (Project 8058)
BACKGROUND
The vacant property on the south side of Los Angeles Avenue between Maureen Lane
and Leta Yancy Road was to be developed by Pacific Communities Builders as part of
Tract 5053. That development would have included improvements to Los Angeles
Avenue to widen the highway to its ultimate width and provide three through travel lanes
in each direction. The developer's plans to construct this project have been deferred
indefinitely.
In July of 2003 the City Council considered a report which discussed ways and means
for the City to undertake construction of this project in advance of the development of
Tract 5053. Later, in June of 2004, the City Council adopted Resolution No. 2004-2203
amending the budget to provide $200,000 of funding from the Los Angeles Avenue Area
of Contribution Fund (Fund 2501), for initial design efforts. Subsequent updates to the
Capital Improvement Budget included appropriations from Fund 2501 for project design,
construction and inspection.
On February 21, 2007, the City Council awarded a consultant agreement to KOA
Corporation (KOA) to complete the design of the project. KOA has completed the
design and an encroachment permit has been issued by the California Department of
Transportation (Caltrans) for construction of the project. On September 19, 2012, the
City Council authorized the City Manager to award a consultant agreement for
construction management, inspection and material testing services to KOA Corporation.
That agreement has been executed and KOA will be providing these services for the
completion of the project.
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Honorable City Council
April 3, 2013
Page 2
On January 16, 2013 the City Council approved the project and authorized staff to
advertize for construction bids.
DISCUSSION
A. Project Description
The project includes widening the south side of Los Angeles Avenue and restriping
to provide three through lanes in each direction and a center lane for left turns. A
traffic signal warrant analysis at Shasta Avenue has shown that a signal is not
warranted at this time and therefore is not included in this project. If the property on
the south side of Los Angeles Avenue is developed, another traffic signal warrant
analysis could be conducted to determine if a signal is needed at that time.
The project also includes the construction of a protective concrete cap over the
existing 36-inch Calleguas Municipal Water District (Calleguas) Las Posas Feeder
Unit 1 (LPF-1) pipeline. Several Calleguas LPF-1 and Las Posas Feeder No. 3
valves and manholes also must be adjusted or relocated to the south beyond the
widened roadway. The City must enter into an agreement with Calleguas to perform
the required protection and adjustment work and provide an easement to Calleguas
over their facilities. The agreement has been prepared and final wording is being
coordinated with Calleguas.
Pacific Communities Builders has conveyed the right-of-way required for this project
to the City. At the conclusion of the project, the right-of-way will be transferred to
Caltrans. It's intended that the ultimate developer of the Pacific Communities
Builders property will reimburse the LA AOC for the cost of these improvements as
part of an amended or new development agreement.
B. Project Schedule
The staff report to City Council for project approval and authorization to bid on January
16, 2013 included the anticipated project schedule with construction beginning in April
2013 and project completion in August 2013. The agreement with Calleguas must be
executed prior to advertising for construction bids; therefore the revised anticipated
schedule is as follows-
Advertise for Bids May 1, 2013
Bid Opening June 4, 2013
Award of Construction Contract June 19, 2013
Notice to Proceed July 29, 2013
Project Completion November 29, 2013
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Honorable City Council
April 3, 2013
Page 3
FISCAL IMPACT
The FY 2012/13 Capital Improvement Budget includes funding for the project as shown
below.
Fund 2501 FY 2012/13 Budget
Design $ 116,124.00
Construction $ 900,000.00
Construction Management, Inspection & Testing $ 100,000.00
Total $ 1,116,124.00
A future budget amendment to appropriate additional funds for construction may be
needed at the time that City Council awards the construction contract, depending on the
actual construction bid amount.
STAFF RECOMMENDATION
Authorize the City Manager to execute an agreement with Calleguas Municipal Water
District for Modifications to Las Posas Feeder Unit 1 and Las Posas Feeder No. 3 for
the Widening of Los Angeles Avenue Between Maureen Lane and Leta Yancy Road
(Project 8058) subject to final language approval by the City Manager and City Attorney.
Attachments:
1. Location Map
2. Draft Agreement
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Attachment 1
Los Angeles Avenue Widening Between
Maureen Lane and Leta Yancy Road
(Project 8058)
m e
Brest Ave
IF
t mat A Plait AV
c
PROJECT
QI
Location Map
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Attachment 2
AGREEMENT BY AND BETWEEN CALLEGUAS MUNICIPAL WATER
DISTRICT AND CITY OF MOORPARK REGARDING MODIFICATIONS TO LAS
POSAS FEEDER UNIT 1 AND LAS POSAS FEEDER NO. 3 DUE TO THE LOS
ANGELES AVE. WIDENING PROJECT
Whereas, the City of Moorpark (the "City") is widening Los Angeles Avenue in the
vicinity of Maureen Lane to Leta Yancy Road (the "Project") in the City of Moorpark,
California; and
Whereas, the Calleguas Municipal Water District (the "District") owns and
operates a 36-inch diameter concrete cylinder pipeline, Las Posas Feeder Unit 1 (LPF-
1), a pipeline for transporting water for municipal supply, which runs east to west along
Los Angeles Avenue through the City, and the District holds permanent easements of
record for said LPF-1 (the "Easements"); and
Whereas, the District owns and operates a 72-inch diameter welded steel
pipeline, Las Posas Feeder No. 3 (LPF-3), a pipeline for transporting water for municipal
supply, which runs east to west along Los Angeles Avenue through the City, and LPF-3
is located within the public right-of-way; and
Whereas, LPF-1 and LPF-3 include air vacuum and air release valves (the
"AVARVs") and small diameter lateral pipelines (the "AVARV Laterals") that connect
both LPF-1 and LPF-3 to the AVARVs, and portions of the AVARV Laterals exist within
the Easements; and
Whereas, because the Project will reduce the amount of earth cover over LPF-1
below the District's minimum 3.5 feet from Pipeline Sta 184+37 to 180+57, the District
requires the City to construct a reinforced concrete cap at said location to protect LPF-1
(the "Concrete Cap"); and
Whereas, because the Project will reduce the amount of earth cover over the
AVARV Laterals below the District's minimum 3.5 feet at one location for LPF-1,
Pipeline Sta 177+40, and at two locations for LPF-3, Pipeline Sta 129+30 and Sta
131+12, the District requires the City to construct cement slurry encasements at said
locations to protect the AVARV Laterals (the "Slurry Encasements"); and
Whereas, the Concrete Cap and Slurry Encasements are collectively referred to
as the ("Protective Improvements"); and
Whereas, because the Project will introduce surface conflicts with a 1" LPF-1
AVARV and its aboveground enclosure located within the Easements at Pipeline Sta
177+40, the District will need to relocate this LPF-1 AVARV and its aboveground
enclosure, and the District requires the City to provide a new permanent easement or
easements to the District to accommodate this AVARV relocation ("Relocation of LPF-1
94
AVARV), to stake the required location in the field, and to reimburse the District
for the cost of this relocation; and
Whereas, because the Project will introduce surface conflicts with an 8" LPF-3
AVARV and its aboveground enclosure located within the public right of way at Pipeline
Sta 129+30, the District will need to relocate this LPF-3 AVARV and its aboveground
enclosure, and the District requires the City to stake the required location in the field to
facilitate this AVARV relocation by the District ("Relocation of LPF-3 AVARV); and
Whereas, because the Project will introduce surface conflicts with existing
appurtenances, including a cathodic test station on LPF-3 and a blow off manhole on
LPF-3, modifications will be necessary to the surface features of these appurtenances
("LPF-3 Surface Feature Modifications").
NOW, THEREFORE, in consideration of the covenants and agreements set forth
herein, and for other valuable consideration received, the parties agree as follows:
1. Protective Improvements and Other Work To Be Constructed By the
City. Upon the City's commencement of the Project, or any portion thereof, the City
shall promptly and diligently commence and complete construction of the Protective
Improvements. Prior to the City's completion of the Project, or any portion thereof, the
City shall (a) diligently construct or cause the adjustment of all necessary District
manholes and valve covers to grade within the Easements, and (b) diligently complete
all LPF-3 Surface Feature Modifications required by the District.
2. Calleguas to Perform Relocation of LPF-1 AVARV and Relocation of
LPF-3 AVARV. Upon the City's commencement of the Project, or any portion thereof,
the City shall promptly perform construction staking for the Relocation of LPF-1 AVARV
and for the Relocation of LPF-3 AVARV. Once construction staking has been
performed to the District's satisfaction, the District will commence and complete the
Relocation of LPF-1 AVARV and the Relocation of LPF-3 AVARV within 30 calendar
days; subject to any delays caused by weather or other circumstance beyond the
reasonable control of the District.
3. Costs.
a. The City agrees to pay all costs and expenses associated with securing
the required Easement for the Relocation of LPF-1 AVARV, all costs and
expenses of the Relocation of LPF-1 AVARV, and all costs and expenses
relating to the construction of the Protective Improvements. Such costs
and expenses include, without limitation:
1) all costs of design, engineering, right-of-way, and construction;
2) all of the District's costs and fees in connection with the Protective
Improvements and the Relocation of LPF-1 AVARV, including, but
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not limited to: legal fees for preparation and implementation of this
Agreement, engineering fees associated with review of the project
plans, engineering fees associated with review of submittals and
other construction correspondence including providing written
responses for the City's consideration, inspection costs incurred
prior to and during construction of the Protective Improvements and
Relocation of LPF-1 AVARV (including but not limited to costs of
the District's DRI defined below) and all fully-burdened staff costs
for project management and administration; and
3) all permits, fees, licenses, assessments and taxes as may be
required by the ordinances and regulations of public agencies
having jurisdiction over the areas in which the Protective
Improvements and Relocation of LPF-1 AVARV, are located.
b. For costs described in Paragraph 3.a.2., the District shall provide an
estimate for these costs to the City prior to the execution of this
Agreement. Within two weeks of execution of this Agreement, the City
shall tender to the District a deposit equal to this estimated amount.
c. The District shall be responsible for all costs associated with the
Relocation of LPF-3 AVARV.
4. Final Accounting. Upon completion of construction of the Project, the
District will make a final accounting of all costs incurred with respect to the Protective
Improvements and Relocation of LPF-1 AVARV. If the total costs incurred are less than
the deposit provided by City, the District will reimburse City for the difference within 60
calendar days. If the total costs incurred exceed the deposit provided by City, City shall,
within 60 calendar days of the District's delivery to the City of a request for
reimbursement and documentation substantiating the costs, reimburse the District all
costs incurred by the District in excess of the deposit.
S. Easement for Relocation of LPF-1 AVARV. Prior to the City's
commencement of the Project, or any portion thereof, the City shall promptly secure
from the appropriate persons, entities and/or agencies the grant of a new permanent
easement (or easements) to the District with rights at least equivalent to the existing
Easements to accommodate the Relocation of LPF-1 AVARV at Pipeline Sta 177+40,
and all other consents, if any, that are required for such Relocation.
6. Experience of Contractors and Subcontractors. Any contractors
and/or subcontractors performing work on the Protective Improvements shall have a
California Contractor's Class A license and shall meet the experience requirements
contained within the City's Project specifications including Addenda.
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7. Pre-construction Meeting. A pre-construction meeting shall be held, at
a time and location mutually agreed to by the District and the City, prior to the start of
construction of the Protective Improvements.
8. District Inspector. All materials furnished and all work done under
this Agreement shall be subject to inspection by the District's Resident Inspector
("DRI"). At all times during performance of the work, the City shall ensure that its
contractors and subcontractors shall fully cooperate with the DRI's requests for
access to the work and project documents to allow the DRI to inspect the work to
his or her satisfaction. The City agrees to give verbal notice to the District at least
forty-eight (48) hours in advance of peforming any work on the Protective
Improvements when such work is to be performed on any weekday during regular
construction work hours (7 a.m. to 4 p.m.). If any work on the Protective
Improvements is to be performed between 4 p.m. and 7 a.m. on any weekday or is
to be performed at any time on the weekend, the City shall provide the District with
written notice at least one week in advance of performing such work. The notices
required hereunder are collectively referred to in this Agreement as the
"Construction Notice".
Work done without the proper Construction Notice may be required by the District
to be removed and replaced under the proper inspection. The entire cost of removal
and replacement shall be borne by the City.
9. Operation of Portion of LPF-1 and LPF-3 . The City acknowledges and
agrees that the District needs to and shall continue to operate and maintain both the
LPF-1 and LPF-3 during the City's construction of the Project. At no time during
construction of the Project shall the City be permitted to stop or impact the performance
of LPF-1, LPF-3, or any appurtenant facilities, including without limitation their
respective AVARV or AVARV Laterals. The City warrants that the construction of the
Project shall not interfere with the District's ability to operate and maintain the
aforementioned facilities in the same manner and capacity as prior to commencement
of the construction.
If, in the sole reasonable opinion of the District and the District's engineer,
there is any significant risk to the integrity of the aforementioned facilities or their ability
to deliver potable water due to the City's actions or lack thereof, the District may take
any and all necessary action, at the City's sole expense, to protect the pipelines and
appurtenant facilities. Without limiting the foregoing, and at the City's sole cost and
expense, the District may require the City to cease construction activity from time to
time if reasonably necessary to protect the aforementioned facilities and/or their
operation. The City agrees on behalf of itself and its contractors, subcontractors, and
their respective agents and affiliates, that the District shall not be liable in any manner
for any damages, losses, liablities, costs or expenses of any kind resulting from any
such suspension or cessation of construction of the Project.
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10. Indemnification. The City shall defend, indemnify, and hold harmless the
District, its engineers, and their respective directors, officers, employees, consultants,
and agents from and against any and all liability, loss, damage, claims, demands,
expenses, costs (including without limitation reasonable attorneys' and experts' fees
and costs in connection with litigation) of any kind or nature (including without limitation
personal injury, death, or property damage), arising out of or related to (a) the City's
breach of any representation or warranty under this Agreement, or its failure to comply
with any covenant or obligation under this Agreement, (b) the City and/or its contractors
or subcontractors violation of any law, rule, or regulation applicable to the work to be
performed by the City pursuant to this Agreement, and/or (c) the construction of the
Protective Improvements and/or any other work to be performed by the City or its
contractor(s) or subcontractor(s) or anyone directly or indirectly employed by them,
pursuant to this Agreement, except to the extent caused by the active negligence or
willful misconduct of the District.
11. Insurance. Prior to commencement of the Project, the City shall provide
to the District evidence that each contractor and subcontractor peforming work for the
City as provided in this Agreement maintains insurance coverage and additional insured
endorsements as required pursuant to Exhibit "A" attached hereto .
12. Inspection, Completion and Acceptance. The DRI shall have the right
to reject any or all of the work to be performed under this Agreement if the work does
not conform with the District's requirements, or the laws, rules or regulations of the
District or any governmental entity with jurisdiction thereof or is not in accordance with
the terms of this Agreement (which determination shall be in the discretion of District,
which shall not be unreasonably withheld).
Upon completion of all of the Protective Improvements, the City shall notify
the District. Within fifteen (15) calendar days following delivery of this notice, the District
shall either (i) provide a written letter of acceptance; or (ii) provide written notice to the
City of specific corrections deemed reasonably necessary by the District. The City shall
promptly and diligently complete all required corrections and notify the District when
completed, and the District shall promptly inspect the corrections. This process shall be
repeated, at the City's sole cost and expense, until approval by District at which time the
District shall promptly issue a written letter of acceptance.
13. Warranty. For the one-year period following filing of the Notice of
Completion, the City and its general contractor expressly warrant that (a) all
construction work has been performed in a good and workmanlike manner and is free of
defects; (b) the materials used to construct the Protective Improvements and any other
construction work to be performed by City pursuant to this Agreement, and any
equipment installed in connection therewith, are new and of good quality; and (c) all
work on the Protective Improvements, the LPF-3 Surface Feature Modifications, and
any other work to be peformed by City pursuant to this Agreement was completed in
accordance with all applicable permits, licenses, local laws, ordinances, statutes, rules,
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regulations, and approvals pertinent to the construction of the same, including, without
limitation, applicable environmental and zoning requirements.
14. Ownership of Protective Improvements. Upon filing of the Notice of
Completion, title to the Protective Improvements shall vest in and become the property
of the District. City further agrees that all LPF-3 Surface Feature Modifications and any
manholes, valve covers, or other District surface features adjusted to grade by the City
or its contractors or subcontractors pursuant to this Agreement are and remain the
property of the District.
15. Compliance with Law. The City shall comply, and cause its
contractor(s) and subcontractor(s) to comply, with all federal, state, and local statutes,
laws, ordinances, rules, regulations, and orders (including safety orders) applicable to
the work to be done, and shall provide safe access for the DRI to all parts of the
Protective Improvements and to any areas where the work is in progress.
16. Entire Agreement,This Agreement constitutes and contains the entire
agreement and understanding concerning construction of the Protective Improvements
and the other work associated with LPF-1 and LPF-3 between the District, on the one
part, and the City on the other part, and supersedes and replaces all prior
negotiations, proposed agreements, or agreements, written or oral, pertaining to the
same.
17. No Inducement. Each party acknowledges to the other that no one
(including, without limitation, any party, or any agent or attorney of any party) has made
any promise, representation, or warranty whatsoever, expressed or implied, written or
oral, not contained herein concerning the subject matter hereof to induce it to execute
this Agreement, and each party acknowledges that it has not executed this Agreement
in reliance on any promise, representation, or warranty not contained herein.
18. Partial Invalidity. If any term, covenant, condition or provision of this
Agreement is found by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions herein shall remain in full force and
effect, and shall in no way be affected, impaired, or invalidated thereby.
19. Modification Only in Writing. No alteration or variation of the terms of
this Agreement shall be valid unless made in writing and signed by the City and the
District. No oral understanding or agreement not incorporated herein shall be binding on
any of the parties.
20. Termination. The District may terminate the Agreement for cause if
the City or its Contractor fails to timely perform any of its obligations under this
Agreement or otherwise commits a material breach of the Agreement.
21. Incorporation of Recitals. The foregoing recitals are incorporated
herein as though fully set forth.
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22. Representation by Counsel. Each party acknowledges that it has been
represented by independent legal counsel of its own choice throughout all of the
negotiations which preceded the execution of this Agreement and that it has executed
this Agreement with the consent and on the advice of such independent legal counsel.
Each party further acknowledges that it and its counsel have had adequate opportunity
to make whatever investigation or inquiry they may deem necessary or desirable in
connection with the subject matter of this Agreement prior to the execution hereof and
the delivery and acceptance of the consideration specified herein.
23. Joint Drafting. This Agreement has been jointly negotiated and drafted.
The language of this Agreement shall be construed as a whole according to its fair
meaning and not strictly for or against any party.
24. California Law. This Agreement shall in all respects be interpreted,
enforced and governed by and under the laws of the State of California applicable to
instruments, persons, and transactions, which have legal contact and relationships
solely within the State of California. Should any litigation be filed concerning this
Agreement, such litigation shall be filed and heard in a court of competent jurisdiction
for the County of Ventura.
25. Interpretation. Whenever in this Agreement the context so requires:
a. "And" shall include "or" and vice versa;
b. The neuter gender shall be deemed to refer to and include the
masculine and the feminine gender; and
C. The singular shall be deemed to refer to and include the plural.
26. Notices. All notices or requests shall be delivered by either party to the
other by depositing the same in the United States mail with postage prepaid for
delivery to the addresses stated below:
If to the District: General Manager
Calleguas Municipal Water District
2100 Olsen Road
Thousand Oaks, CA 91360-6800
If to the City: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
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27. No Waiver. No failure or delay by the District in asserting its rights or
remedies hereunder as to any default shall operate as a waiver of the default, of any
subsequent or other default, or any rights or remedies. No such delay shall deprive the
District of its right to institute and maintain any action or proceeding which may be
necessary to protect, assert, or enforce any rights or remedies arising out of this
Agreement or the performance thereof.
28. Counterparts. This Agreement may be executed in counterparts and
such counterparts shall constitute one agreement, binding on all the parties hereto.
29. Authority. Each person executing this Agreement warrants and
represents to the other party that it has the authority to execute this Agreement, that it
has read and fully understands this Agreement, and that it is entering into this
Agreement freely and voluntarily.
30. Further Documents. Each party hereto agrees to cooperate fully and to
carry out the spirit and intent of this Agreement, and shall execute and deliver such
additional documents, instruments and other materials as may be reasonably
requested by the other party.
31. Headings. Paragraph headings in this Agreement are for reference
purposes only and shall not be considered in interpreting this Agreement.
32. Authorized Signatory. The undersigned warrant that they are authorized
to sign this Agreement.
33. Attorneys' Fees. If any Party brings an action to enforce the terms
hereof or to declare rights hereunder, the prevailing Party in any such action, on trial
and appeal, shall be entitled to its reasonable attorneys' fees and all other reasonable
costs and expenses incurred in connection with such action to be paid by the losing
Party as fixed by the Court. In addition to the foregoing, the prevailing Party in any
lawsuit shall be entitled to its attorneys' fees and costs incurred in any post judgment
proceedings to collect or enforce the judgment. This provision is separate and several
and shall survive the, merger of this Agreement into any judgment on this Agreement.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year written below.
CALLEGUAS MUNICIPAL WATER DISTRICT
By: Dated:
Susan B. Mulligan, General Manager
APPROVED AS TO FORM:
By: Dated:
Douglas E. Kulper, District Counsel
CITY OF MOORPARK
By: Dated:
Steven Kueny, City Manager
ATTEST:
By: Dated:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR
L Workers' Compensation and Employer's Liability Insurance
1. At all times during the entire period of performance under the Contract, including
throughout the warranty period(s) required under the Contract, the Contractor and all
Subcontractors shall maintain workers' compensation and employer's liability
insurance covering all persons employed directly by them or through subcontractors in
carrying out the Work, all in accordance with California law. The commercial
umbrella and/or employer's liability limits shall not be less than one million dollars
($1,000,000) each accident for bodily injury by accident or one million ($1,000,000)
each employee for bodily injury by disease.
2. Contractor waives all rights against Calleguas and its directors, officers, employees,
agents and/or volunteers for recovery of damages to the extent these damages are
covered by the workers' compensation and employer's liability or commercial
umbrella liability insurance obtained by Contractor pursuant to the Contract.
Contractor shall obtain an endorsement equivalent to WC 00 03 13 to effect this
waiver.
1I. Liability Insurance
The Contractor shall, at its sole cost and expense, obtain and maintain at all times during
the entire period of performance under the Contract, including the warranty period, the
liability insurance as outlined in this Section.
1. Commercial General Liability (CGL) and Umbrella Liability Insurance.
a. Contractor shall maintain commercial general liability (CGL) with a limit of not
less than Ten Million Dollars ($10,000,000) each occurrence. CGL may be
supplemented with commercial umbrella insurance to attain the required limit. If
such CGL insurance contains a general aggregate limit, it shall apply separately to
this project by including ISO Designated Construction Project(s) General
Aggregate Limit endorsement CG 25 03 or a substitute providing equivalent
coverage.
b. The Additional Insureds shall include Calleguas, its directors, officers,
employees, agents, and/or volunteers. The Additional Insureds shall be included
as an insured under the CGL, using ISO additional insured endorsements CG 20
10 and CG 20 37 or their equivalents. ISO endorsement CG 20 37 shall include
coverage for the Additional Insureds with respect to liability arising out of the
completed operations of Contractor. Additional insured coverage as required in
this subparagraph shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the Additional Insureds. There
shall be no endorsement or modification of the CGL to make it excess over other
available insurance; alternatively, if the CGL states that it is excess or pro rata, the
policy shall be endorsed to be primary with respect to the Additional Insureds.
Any insurance, self-insurance, or other coverage, if any, maintained by the
Page 1
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Additional Insureds shall be non-contributory. Umbrella Liability insurance shall
provide additional insured coverage as required for the CGL Insurance.
2. Continuing Completed Operations Liability Insurance.
a. Contractor shall maintain CGL and, if necessary, commercial umbrella liability
insurance with a limit of not less than Ten Million Dollars ($10,000,000) each
occurrence for at least two (2) years following the issuance of the Statement of
Acceptance. Continuing CGL insurance shall be written on ISO occurrence form
CG 00 0l 12 07 (or a substitute form providing equivalent coverage) and shall, at
a minimum, cover liability arising from products-completed operations and
liability assumed under an insured contract. Continuing CGL insurance shall
have a products- completed operations aggregate of at least two times its each
occurrence limit. Continuing commercial umbrella coverage, if any, shall include
liability coverage for damage to the insured's completed work equivalent to that
provided under ISO form CG 00 01 12 07.
3. Business Auto and Umbrella Liability Insurance.
a. Contractor shall maintain business auto liability and, if necessary, commercial
umbrella liability insurance with a limit of not less than Five Million Dollars
($5,000,000) each accident. Such insurance shall cover liability arising out of any
auto (including owned, hired, and non-owned autos) used by Contractor. If
Contractor owns no vehicles, this requirement may be satisfied by a hired auto
and non-owned auto endorsement to the CGL policy. The policy shall not possess
any endorsements that in any manner whatsoever restrict coverage as it pertains to
the Additional Insureds.
b. Contractor waives all rights, if any, against Calleguas, its directors, officers,
employees, agents, and/or volunteers for recovery of damages to the extent such
damages are covered by the business auto liability or commercial umbrella
liability insurance obtained by Contractor pursuant to this Contract or under any
applicable auto physical damage coverage.
III. Additional Requirements
With respect to the insurance required to be maintained by the Contractor, the Contractor
shall comply, or ensure compliance, with each of the following:
1. The Contractor must provide Calleguas with a certificate or certificate(s) of insurance
(ACORD Form 25 or its equivalent) and such other evidence satisfactory to Calleguas
establishing that coverage required by this Contract is in force.
2. The Contractor shall notify Calleguas at least thirty (30) Calendar Days prior to
cancellation of any of the insurance policies required hereunder.
3. All of the insurance shall be provided on policy forms satisfactory to Calleguas.
4. Contractor shall provide certified copies of all insurance policies required above
within ten (10) Calendar Days of written request by Calleguas.
5. By requiring insurance herein, Calleguas does not represent that coverage and limits
will necessarily be adequate to protect Contractor and such coverage and limits shall
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not be deemed as a limitation on Contractor's liability.
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