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HomeMy WebLinkAboutReso 25-25 Approving the Plans and Specifications and Awarding a Contract Reso. No. 25-25, Item 5.3, Adopted 05/06/2025 Page 1 of 2 RESOLUTION NO. 25 – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO CLS/CERVANTES LANDSCAPE SERVICES, INC. FOR THE MAPE MEMORIAL PARK PATHWAY RELOCATION PROJECT, CIP NO. GI0221 WHEREAS, the design team has completed the plans and specifications for the Resiliency and Disaster Preparedness Improvements (Mape Memorial Park Pathway Relocation) Project, CIP No. GI0221, which includes the relocation of an existing pathway, fencing, site furnishings, turf and associated irrigation away from the creek bank that was damaged in the 2022-2023 storms; and WHEREAS, the City of Dublin did, on April 8, 2025, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to Staff, and CLS/Cervantes Landscape Services, Inc. was determined to be the lowest responsive and responsible bidder for doing said work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest, responsive, and responsible bidder, CLS/Cervantes Landscape Services, Inc., at a bid of one-hundred forty-seven thousand seven-hundred seventy- seven dollars and zero cents ($147,777.00), the particulars of which bids are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with CLS/Cervantes Landscape Services, Inc., attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution. {Signatures on the following page} Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 Reso. No. 25-25, Item 5.3, Adopted 05/06/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote: AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 41 SECTION 00 52 00 AGREEMENT CITY OF DUBLIN City Hall, 100 Civic Plaza Dublin, California 94568 CONSTRUCTION AGREEMENT The City of Dublin, (“City”) enters into this agreement, dated for reference purposes only, with __________________________________ (“Contractor”). RECITALS A.NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by _________________ for the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 by published notice and/or posting pursuant to California Public Contract Code Section 20164 and other applicable law. B.BID OPENING. On __________, City representatives opened the bids for the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 and read the bids aloud. C.PROJECT AWARD. On __________, the City Council awarded the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor’s providing executed copies of all documents specified in the contract check list included in the bid package within twenty-one (21) calendar days of receiving written notice of award of the project. D.REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within twenty-one (21) calendar days of receiving written notice of award. AGREEMENT TERMS The City and the Contractor agree as follows: 1.THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the (Title of Project) (“Work”) as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law. 2.LOCATION OF WORK. The Work will be performed at the following location: 11711 Mape Way in Dublin, California. 3.TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within 170 calendar days (60 Calendar days + 10 Adverse Weather Days Allowance for Construction + 100 Day Maintenance Period) from the date specified in the City’s Notice to Proceed (“Time for Completion”). 4.REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $500 per day pursuant to Exhibit A to the Resolution CLS/Cervantes Landscape Services, Inc. April 8, 2025 April 8, 2025 May 6, 2025 Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 42 California Government Code Section 53069.85 and section 00 72 00 of the General Conditions, and/or obtaining or providing for substitute performance in accordance with the Contract Documents. 5.CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of $_________ (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated __________________________________, _____, and attached to and incorporated in this agreement. Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement. Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents. 6.PREVAILING WAGES. Pursuant to California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Pursuant to California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. Pursuant to California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. Pursuant to California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work. The Contractor is subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations. The contractor or subcontractor(s) shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to California Labor Code Section 1725.5 at the time the contract is awarded. 7.THE CONTRACT DOCUMENTS. This agreement consists of the following documents “Contract Documents.” The Contract Documents consist of the Plans as signed by the City Engineer and issued for the Project, and the entire set of Specifications incorporating Division 0 – 33, including the appendices, all addendums and change orders issued., all of which are incorporated into and made a part of this agreement as if set forth in full. See section 00 72 00 “General Conditions” for document precedence in the event there is a conflict that arises from section 00 72 00 “General Conditions,” shall be per the following provisions. Written numbers and notes on a drawing govern over graphics, a detail drawing governs over a general drawing, a detail specification governs over a general specification, and a specification in a section governs over a specification referenced by that section. In the event of a conflict between or among the Contract Documents, precedence will be in the following order: 7.1 Executed Change Orders; ____$147,777.00_______ April 8 2025 Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 43 7.2 Addenda in inverse chronological order, and in the same order as specific portions they are modifying; 7.3 Section 00 52 00 Agreement, and terms and conditions referenced therein; 7.4 Section 00 72 00 General Conditions; 7.5 Division 1 Specifications; 7.6 Technical Specifications Divisions 2 through 33; 7.7 Project Drawings; 7.8 City Standard Details; 7.9 Other referenced standards or specifications. 7.10 Notice Inviting Bids. 7.11 Instructions to Bidders. 7.12 The successful bidder’s completed Proposal Form and Bidder’s Sheet. 7.13 The successful bidder’s completed Contractor License Information. 7.14 The successful bidder’s completed List of Proposed Subcontractors. 7.15 The successful bidder’s Insurance Certifications. 7.16 The successful bidder’s completed Non-collusion Affidavit. 7.17 The successful bidder’s Debarment Certification. 7.18 The successful bidder’s completed Certificates of Insurance and Endorsements. 7.19 The successful bidder’s executed Performance Bond. 7.20 The successful bidder’s executed Payment Bond. 7.21 Executed Escrow for Deposit Agreement, if applicable. 7.22 Change Order Form. 7.23 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract. 7.24 The successful bidder’s Qualification Statement, if any. 7.25 The successful bidder’s signed Signature Form. 8.AMENDMENTS. This Agreement may be amended from time-to-time as necessary by formal and written amendment executed by the City Manager or his designee and principal acting on behalf of the Contractor. 9.PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of provisions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in the Standard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a part of this Agreement. When such published provisions are made a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require. 10.INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation and/or decision by an authorized Public Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final. 11.ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other right or interest of the Contractor Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 44 under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 12.CERTIFICATION OF CONTRACTOR’S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Type “A” or Type “C-27” license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 13.SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect. 14.INSURANCE. Contractor agrees to have and maintain the insurance coverages and polices set forth in Exhibit A to this Agreement, “Insurance Requirements,” which is incorporated by this reference. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if approved in writing by the City. A lapse in any required insurance coverage during this agreement shall constitute a material breach of this Agreement. The cost of such insurance shall be included in the Contractor’s bid. a.Contractor agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers’ compensation insurance as required by law. b.Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by the Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other applicable contract documents. Subcontractors further agree to include these same provisions with any sub- subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and will provide proof of compliance to the City. c.The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California. d.Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may terminate this Agreement. e.At all times during the term of this Agreement, Contractor shall maintain on file with the City a certificate or certificates of the required insurance as set forth in the Exhibit A, “Insurance Requirements,” showing that the required insurance policies are in effect in the required amounts. f.It is requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 45 available to the additional insured. Furthermore, the requirements for coverage for coverage and limits shall be (1) the minimum coverage and limits of coverage and the limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of an insurance policy or proceeds available to the named Insured; whichever is greater. 15.INDEMNIFICATION. To the fullest extent permitted by law Contractor agrees to defend (with legal counsel selected by the City), including the cost to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, attorneys, agents, employees, consultants, and volunteers, and each of them from and against any and all claims, damages, losses and expenses, including attorney’s fees, and from any and all suits, actions or claims filed or brought by and all person or persons arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City. a. General. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this section is a material element of consideration. The parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, and that this indemnification shall be judicially interpreted and rewritten to provide the broadest possible indemnification legally allowed and shall be legally binding upon Contractor. b. Survival. Contractor and any subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. c.No Limitation by Insurance Obligations. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement d. Scope. This section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, and volunteers, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor engaged in performance of the Work. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, and, volunteers from such liability. The Contractor will indemnify, defend and hold harmless the City, the City’s officials, officers, employees and volunteers for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor’s performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid. 16.BONDING REQUIREMENT. The Contractor agrees to post a Faithful Performance Bond and Payment Bond for Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by the City, guarantying the performance of the terms of this Agreement. 17.MAINTENANCE AND GUARANTY. The Contractor shall promptly repair, replace, restore, or rebuild, as the City may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1)year period after the date of the City Council‘s acceptance of the project. Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 46 This Article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer give a guaranty for a longer period, nor does it limit the other remedies of the City in respect to a latent defect, fraud or implied warranties. Contractor shall furnish the City all appropriate guaranties or warranty certificates upon completion of the project. 18.MAINTENANCE BOND. The Contractor further agrees to post a maintenance bond in the amount equal to at least 10 percent (10%) of the final value of the entire work prior to City's acceptance of the project. The maintenance bond shall remain in effect for a period of one (1) year after the City Council’s acceptance of the work to guarantee the repair and/or replacement of the defective materials provided and/or workmanship performed under this contract. 19.NOTICE OF THIRD-PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City Shall provide the Contractor with notice of Claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for reimbursing the City for its reasonable costs in providing the notification. 20.SHORING FOR TRENCHES. The Contractor shall provide adequate sheeting, shoring, and bracing for all trenching and excavations in accordance to applicable Safety Regulations, and the California Labor Code. Attention is directed to Sections 6423, 6424, 6705, and 6707 of the Labor Code of the State of California, OSHA 29 CFR Part 1926 Federal Regulations, Standards- Excavation, and elsewhere within these Contract Documents. The Contractor shall not commence with any excavation with a depth of five feet or deeper without first complying with all applicable Labor Code and Safety Regulations. The Contractor shall designate a competent person who is responsible for trench and structure excavation, shall obtain a Cal/OSHA Safety Permit for excavation, and shall submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. 21.CHANGES OR EXTRA WORK. The Contractor acknowledges that in conformance with the Contract Documents, any changes or extra work must be authorized in writing by the City prior to the Contractor performing said work. Contractor further acknowledges that it is solely responsible for obtaining written authorization from the City and that it shall not be compensated for any additional work performed without said written authorization. Oral authorization shall not be sufficient to bind the City absent specific written authorization. 22.MEDIATION. All claims for $375,000 and less shall be subject to the provisions of Public Contract Code Section 20104 et seq. Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 47 Executed on _______________________, __________, by CONTRACTOR CITY OF DUBLIN a Municipal Corporation ________________________________ _________________________________ By:_____________________________ Colleen Tribby, City Manager Title:___________________________ ________________________________ Corporate Entity Number ________________________________ DIR Number [Attach Notary Page] ATTEST: _________________________________ Marsha Moore, City Clerk CLS/Cervantes Landscape Services, Inc. Alejandro Cervantes Perez Owner/CEO 1000711354 Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 48 EXHIBIT A -- INSURANCE REQUIREMENTS 1. Insurance Requirements. Before commencing any Work under the Contract Documents, Contractor shall furnish to the City satisfactory proof that Contractor has in force continuously for the entire period covered by this Contract the following classes of insurance in the form and with limits specified below. 1.1 Commercial General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and in a form providing coverage no less broad than that of the current ISO Commercial General Liability policy (Occurrence Form, number CG 00 01). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations, contractual liability, personal and advertising injury. Contractor shall keep the commercial general liability insurance in place for 10 years following completion of the work. The commercial general liability insurance limits shall be dedicated solely to the specific Project described in the Contract Documents, and shall have limits not less than: 1.1.1 $1 million each Occurrence; 1.1.2 $1 million each Occurrence for personal injury and advertising injury; 1.1.3 $2 million aggregate for products and completed operations; 1.1.4 $2 million general aggregate limit, which shall apply separately and be reinstated annually. Except for any exclusions relating to EIFS, lead and asbestos risks, the policy shall not contain any exclusions directed toward any types of projects, materials, or processes involved in the Work. Coverage shall include but not be limited to the following and shall not include any endorsements restricting these coverages: 1.1.5 Contractual liability to cover liability assumed under the Contract Documents; 1.1.6 Products/Completed Operations Liability Insurance; 1.1.7 Broad Form Property Damage; 1.1.8 Explosion, collapse and underground hazards, if such exposure exists; 1.1.9 Independent subcontractors; 1.1.10 Severability of interests; 1.1.11 Cross liability; 1.1.12 Limited Professional Liability - contractor means and methods - CG 2279. Any self-insured retention shall be selected by the City pursuant to these requirements. 1.2 Business Auto Insurance covering all owned, non-owned, and hired vehicles on and off-site. Such insurance shall provide coverage not less than the standard ISO Comprehensive Automobile Liability policy (CA 00 01, CA 00 05, CA 00 12, CA 00 20), with limits not less than $2 million each accident, and $2 million each occurrence for claims subject to the Motor Carrier Act of 1980. If the Work involves transportation of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor shall provide pollution auto coverage equivalent to that provided under the ISO pollution liability-broaden coverage for covered autos Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 49 endorsement (CA 99 48) shall be provided, and the Motor Carrier Act endorsement (MCS 90) shall be attached. Any statutorily required “No-Fault” benefits and uninsured/underinsured motorists’ coverage should be included. 1.3 Worker’s Compensation and Employers Liability Insurance for all persons whom the Contractor may employ carrying out Work contemplated under the Contract Documents, in accordance with the Act of Legislature of State of California, known as “Worker’s Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount. Coverages and limits shall include: 1.3.1 Worker’s Compensation – statutory limit; 1.3.2 Employer’s liability; (a) $1 million bodily injury for each accident; (b) $1 million bodily injury by disease for each employee; (c) $1 million bodily injury disease aggregate; 1.3.3 Voluntary Compensation; 1.3.4 If there is an exposure or injury to Contractor’s employees under the US Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations or statutes applicable to maritime employees, coverage shall be included for all such injuries or claims. 1.4 Umbrella/Excess Liability Insurance on an Occurrence basis in excess of the underlying insurance identified in paragraphs 1.1, 1.2, and 1.3.2 above, and which is at least as broad as each and every one of the underlying policies. The umbrella/excess liability policy shall be written on a “drop-down-following form” basis, with only such exceptions as the City shall expressly approved in writing. The amounts of insurance required in paragraphs 1.1, 1.2, and 1.3.2 and this Section may be satisfied by Contractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified below for these types when added to the limit for this section. The umbrella/excess liability insurance limits shall be dedicated solely to the specific Project described in this Contract Documents, and shall have limits of not less than the following amounts: 1.4.1 $5 million any one occurrence and annually reinstating General Aggregate; and 1.4.2 $5 million any one occurrence and Aggregate Products/Completed Operations. The umbrella/excess liability insurance shall be kept in place for 10 years following completion of the work. Any self-insured retention shall be selected by the City pursuant to these requirements. 1.5 Contractor’s equipment. Contractor will maintain All Risk Equipment Insurance covering all risk of physical damage to equipment provided for use at the Project site by the Contractor, whether owned, leased, rented, borrowed or used at the Project site. Contractor agrees to waive and does hereby waive its rights of recovery against the City and each of its officers, employees, consultants and agents including, but not limited to the City’s council members and each City representative, as to any damage or loss which may occur to its equipment to the extent covered by insurance. Contractor will have the insurance company specifically agree to this waiver. If uninsured, Contractor will hold harmless the City and each of its officers, employees, consultants and agents including, but not limited to the City’s Board of Trustees and each City representative, for loss or damage to its tools and equipment. Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 50 1.6 Contractors Pollution Legal Liability Insurance covering claims for bodily injury, property damage, including mold and loss of use of damage property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any pollution conditions arising from Contractor’s operations or completed operations, performed by or on behalf of Contractor. Completed operations coverage will remain in effect for no less than 5 years after substantial completion of the work. Such coverage shall be written on an occurrence basis and shall apply to sudden and non-sudden pollution conditions and shall be placed with an insurer and in a form acceptable to the City. If any pollution liability coverages cannot be obtained on an occurrence form, after using best efforts to do so, such coverages may be provided on a claims- made basis. The pollution legal liability policy shall be dedicated solely to the specific Project described in the Contract Documents and shall have limits not less than $5 million per occurrence and in the aggregate. Any self-insured retention shall be selected by the City pursuant to these requirements. 1.7 Builder’s Risk. The Contractor must, at the Contractor’s own expense, maintain a builder’s risk policy covering “all risks,” including special form including extended coverage and vandalism, and malicious mischief endorsements. The policy must name the City and the Contractor as insureds. Such insurance must be carried in the amount of 105% of the Contract Price. In the event of a partial or total destruction of any or all of the Work at any time prior to the completion and acceptance thereof, the Contractor shall promptly reconstruct all Work so destroyed or injured at the Contractor’s own cost and expense and at no cost to the City. 1.8 If any aircraft are to be used in the performance of the work, Contractor shall provide Aircraft Liability Insurance (including owned and non-owned) with the following minimum limits: Bodily Injury – $10 million each occurrence, $2 million each person; Property Damage – $10 million each occurrence. 1.9 All policies of insurance shall be placed with insurers acceptable to the City. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for Worker’s Compensation) must have a rating of A XV or better in the most recent edition of Best’s Insurance Reports or otherwise satisfactory to the City. Required minimum amounts of insurance may be increased should conditions of Work, in the sole opinion of the City, warrant such increase. Contractor shall increase required insurance amounts upon direction by the City. 2. Certificates of Insurance. 2.1 Contractor shall furnish the City with certificates of insurance completed by a duly authorized representative evidencing coverage required under Section 1 of these requirements. Such certificates shall be delivered to the City before any Work hereunder is commenced by Contractor and annually thereafter on or before the policy effective dates of Contractor’s general liability insurance policy, and shall provide that no coverage under the policy shall be terminated, canceled or materially modified unless and until at least thirty (30) calendar days prior written notice has been given to the City. Contractor shall inform the City in writing thirty (30) calendar days prior to terminating or materially modifying coverage required in these requirements. 2.2 Failure of the City to demand such certificate or other evidence of full compliance with these insurance requirements, or failure of the City to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor’s obligation to maintain such insurance. 2.3 The City’s acceptance of delivery of any certificate of insurance evidencing the required coverages and limits does not constitute approval or agreement by the City that the insurance requirements have been met or that the insurance policy shown in the certificates of insurance follow the requirements. Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 51 2.4 The City has the right, but not the obligation, of prohibiting Contractor or any subcontractor from entering the Project site until the City receives all certificates or other evidence that insurance has been placed in complete compliance with these requirements. 2.5 If any of the coverages are required to remain in force after Substantial Completion, Contractor shall submit an additional certificate evidencing continuation of such coverage with its final billing and at each subsequent renewal of Contractor’s insurance. 3. Required Endorsements. Except as provided below, the policies required under Section 1 of these requirements shall be endorsed, in a form and manner acceptable to the City, providing as follows: 3.1 Except with regard to the Worker’s Compensation and Employer’s Liability Insurance, the City, its parent, subsidiary and affiliated organizations, and its City council, employees, representatives, consultants, and agents, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured. Such additional insured endorsement for Commercial General Liability and excess/umbrella coverages shall be equivalent to ISO form GC 20 10 07 04, together with ISO form GC 20 37 07 04. The additional insured requirement for Commercial General Liability and excess/umbrella coverages is for the duration of this Agreement and an additional ten (10) years following Substantial Completion of the Work. 3.2 Except with regard to the Worker’s Compensation and Employer’s Liability insurance, each policy, including additional insured coverages, shall be primary and no other insurance or self-insured retention carried or held by the City shall be called upon to contribute to a loss covered by insurance for the named insured. 3.3 The insurance carriers waive their rights of subrogation against the City and all additional insureds, as well as other insurance carriers for the Work. 3.4 Declarations pages required. Contractor or its insurance broker shall submit a copy of the declarations page for each policy. The page shall include the name of the carrier, policy number, the types of coverages and limits, the effective dates of the policy, and the broker’s name and license number. 4. Certificates of Insurance and Endorsements shall have clearly typed thereon the City’s name and title of the Contract Documents. Written notice of cancellation, non-renewal, or reduction in coverage of any policy shall be mailed to the City Manager at 100 Civic Plaza, Dublin, CA, 94568, 30 calendar days in advance of the effective date of the cancellation, non-renewal, or reduction in coverage. Contractor shall maintain insurance in full force and effect during entire period of performance of this Agreement, and such additional periods as required in these requirements. At the time of making an application for extension of the Time for Completion, and during all periods exceeding the Time for Completion resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. Upon the City’s request, Contractor shall submit to the City, within 10 days, copies of the actual insurance policies or renewals or replacements. 5. Insurance Primary. All limits and coverage is required of the Contractor in these requirements shall be primary over any insurance or self-insurance program carried by the City and the additional insureds. 6. Joint ventures. If the Contractor is a joint venture involving two or more entities, each independent entity will satisfy the limits and coverage is specified in these requirements or the joint venture will be named insured under each policy specified. 7. Waiver of Right to Recovery Including Subrogation. Contractor hereby waives all its rights of recovery and shall require all insurance policies in any way related to the Work secured and maintained by the Contractor to include clauses stating each insurer will waive all rights of recovery, Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 52 under subrogation or otherwise, against the City and all tiers of contractors or consultants engaged directly by the City. Contractor will require all tiers of subcontractors, vendors and suppliers, by appropriate written agreements, to provide similar waivers each in favor of all parties enumerated in this paragraph. 8. Cooperation. Contractor shall fully cooperate, participate, and comply with all reasonable requirements and recommendations of the insurers and insurance brokers issuing or arranging for issuance of the required policies, in all areas of safety, insurance program administration, claim reporting and investigating, and audit procedures. 9. If injury occurs to any employee of Contractor, subcontractor, or sub-subcontractor for which the employee, or the employee’s dependents in the event of the employee’s death, is entitled to compensation from the City under provisions of the Worker’s Compensation Insurance and Safety Act, as amended, or for which compensation of any kind is claimed from the City, the City may retain out of sums due Contractor under the Contract Documents, an amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If the City is compelled to pay compensation, the City may, in its discretion, either deduct and retain from the Contract Price the amount so paid or require Contractor to reimburse the City. 10. Nothing in these requirements shall be construed as limiting in any way the extent to which Contractor or any subcontractor may be held responsible for payment damages resulting from their operations. Contractor’s obligations to procure insurance are separate and independent of and shall not limit Contractor’s contractual indemnity and defense obligations. The City does not represent that coverages and limits required in this contract will necessarily be adequate to protect the Contractor. 11. Except for Worker’s Compensation coverages, Contractor shall by appropriate written agreements flow-down the additional insured coverage, certificate, endorsement, waiver of subrogation, and all other requirements of these requirements to all tiers of subcontractors for all insurance required of such subcontractors by Contractor for the work. 12. Contractor shall pay all insurance premiums including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, the City may take out comparable insurance, and deduct and retain amount of premium from any sums due Contractor under the Contract Documents. If the aggregate limits on any Contractor’s insurance policy are no longer available, Contractor must notify the City and immediately, at Contractor’s expense, purchase replacement coverage to meet the insurance requirements as specified in these requirements. Alternatively, the Contractor’s failure to maintain the required insurance shall be grounds for a termination for default in accordance with the Contract Documents. END OF INSURANCE REQUIREMENTS END OF SECTION Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6