FOR THE COUNCIL MEETING OF APRIL 19, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Interim Director of Public Works
SUBJECT: AWARD OF ENGINEERING SERVICES CONTRACT FOR THE DESIGN OF WATER SUPPLY WELL #15
RECOMMENDATION:
That the City Council adopt a Resolution approving an Engineering Services Agreement with Cannon for the design of Water Supply Well #15.
BACKGROUND:
The City of Santa Maria ("City") provides potable water supply to the community from two sources: groundwater wells and imported State Water Project ("SWP") water. At this time, a new groundwater well is needed due to continued growth. In addition to providing the necessary water supply to meet growth demands, the addition of a local groundwater well will provide increased local drought resiliency. As the City has grown, it has become more reliant on the importation of SWP water to meet local demands.
Despite an increased population of approximately 40,000 people, the City has not constructed a new groundwater well in the last 27 years. It is important that the City be able to provide for local demands with local resources as the need arises. As the drought continues and additional demands are placed on SWP resources, the likelihood of being able to rely on SWP water decreases. This heightens the importance of local resiliency with respect to water supply. In addition, any significant interruption of the SWP would have detrimental effects on the City's ability to meet local water supply needs in the short term. The addition of a local groundwater well will allow the /City to continue to meet the health and safety needs of the community without being reliant on the continuous delivery of SWP water.
The need for additional groundwater wells was identified in the 2012 Utilities Capacity Study ("UCS"). The UCS identified necessary projects for the City to meet the demands of buildout according to the City's adopted General Plan. As the project is related to growth and development Water Supply Well #15 is also included in the City's Growth Mitigation Program.
Water Supply Well #15 will be located near the City's well field within an existing easement on Santa Maria Airport District property. The well will connect to the City's 1 existing well header line feeding the City's blending and disinfection facility which supplies the water distribution system.
DISCUSSION:
To initiate the project, the Public Works Department released a Request for Proposals ("RFP") in November 2021 for the design of a well to provide a minimum of 2,000 gallons per minute ("gpm") and all related appurtenances, pipelines, valves, pump to waste facilities and drainage, access roads, utilities including power supply, controls, switchgear, pumps, SCADA, backup power supply, and chlorine injection devices for the well to be operational and connect to the existing well header line.
The RFP was sent to 14 qualified firms and proposals were received by three firms: 1) Cannon Corporation ("Cannon"); 2) MKN & Associates, Inc. ("MKN"); and 3) Water Systems Consulting, Inc. ("WSC").
Proposals from Cannon, MKN, and WSC were ranked by a selection committee based on the following criteria as outlined in the RFP:
• Overall proposal, completeness, and methodology to address the City's needs, including the overall cost to the City;
• Demonstration of consultant's qualifications, background, technical experience, and financial means to accomplish the scope of work; and • Relevant experience conducting services of a similar nature in compliance and conformance with California regulations.
The selection committee determined that Cannon's proposal best met the City's water supply well needs. To further evaluate Cannon, staff reached out to references and asked a series of questions to ensure they would be able to perform the design adequately as well as efficiently.
In Cannon's proposal, they detail a 6 -month design process before putting the project out to bid. The City anticipates coming back to Council to award construction in October 2022. The goal is to have a fully constructed and functional Water Supply Well #15 by Spring 2023.
Alternatives
The City Council may:
1. Make determinations to select one of the other proposal consultants and direct staff to return to a future meeting, following negotiations with MKN or WSC, to consider a Resolution approving an Agreement for Engineering Services with MKN or WSC for the design of Water Supply Well #15. This will result in the City selecting a consultant ranked lower by the selection committee.
2. Direct staff to issue a new RFP for engineering services for the design of Water Supply Well #15. This will result in additional staff time and costs for issuing a 2 new RFP. Additionally, it is not anticipated a new RFP will result in additional proposals from proposers beyond the three consultants that have already submitted.
Staff recommends approving the agreement with Cannon.
Fiscal Considerations
The consultant, Cannon, has provided a proposal with a cost estimate of $437,626 to complete the design. The consultant contract is with the City and will be managed by the Public Works Department. In consideration of the continuing drought, the intent is to expedite the development of Water Supply Well #15. As such, staff is requesting funds be allocated and appropriated from Fund 027 Growth Mitigation Fund in the amount of $437,626 for the design of Water Supply Well #15. Staff will be requesting funds for the construction of Water Supply Well #15 in the FY 2022-23 budget.
Impact to the Community
The community benefits from the availability of a safe, reliable supply of water. This project will increase the local resiliency of the water supply and provide for increased demands due to growth.
Other Agency Review
The easement in which Water Supply Well #15 will be constructed is on Santa Maria Public Airport District property. As a result, the City will need to coordinate the design and construction of the well with the Santa Maria Airport as to not interfere with any of the runways or airport operations.
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DAVID BEAS, P.E
Principal Civil Engineer
BRETT FULGONI
Interim Public Works Director
Attachment A — Agreement for Professional Services
3 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on April 19, 2022, by and between Cannon Corporation, a California Corporation ("Consultant") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves performance of Consultant services of a temporary nature; and
and
and
WHEREAS, City does not have available employees to perform the services for the Project; WHEREAS, City has requested the Consultant to provide manpower to complete the Project; WHEREAS, Consultant is registered or licensed in California to perform Consulting services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true. -
2. General.
2.01. Term and Termination. The term of this contract is two years, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Consultant shall determine the method, details and means of providing water supply well #15 design services. More specifically, Consultant agrees to perform the specific services listed in Exhibit "A."
2.03 City's Duties. City's duties under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Consultant shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Consultant's Obligations.
3.01. Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perform this Agreement.
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3.03. Status. Consultant (including its employees) is an independent consultant. No employer/employee relationship exists between Consultant and the City. Consultant 's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement. Consultant (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant including it's employees.
The provisions of this paragraph survive completion of the services or the termination of this contract.
The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONSULTANT, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
City of Santa Maria
Public Works Engineering
Attn. David Beas, P.E. Principal Civil Engineer
110 S. Pine St, Suite 110
Santa Maria, CA 93458
To Consultant:
Cannon
Attn: Michael Kielborn, P.E
1050 Southwood Drive
San Luis Obispo, CA 93401
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
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4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Waqe. Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
CONSULTANT CITY OF SANTA MARIA, a political
subdivision of the State of California
Michael Kielborn
Principal Engineer Brett Fulgoni
Interim Director of Public Works
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
Risk Manager
City Attorney
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EXHIBIT "A"
CONSULTANT - SERVICES TO BE PROVIDED
Task 1 — Preliminary Engineering and Project Coordination Task 1.1 Project Management
The project will require set-up, scheduling, controlling, and correspondence between the City, the landowners, farmers, and Contractors. Correspondence includes telephone conversations, emails, project bi-weekly status reports, meeting minutes, and project memorandums.
Task 1.2 Project Kick-off Meeting
We will coordinate and attend a Project Kick -Off Meeting with City staff. The meeting agenda will focus on developing a project understanding, project progress, team involvement, and project constraints.
Task 1.3 Site Visits and Investigations
This task will include the following:
• Collect relevant information with the project team and City staff. • Commence an information review (local and regional geology/hydrogeology). • Perform a site visit and field reconnaissance.
• Prepare data synthesis and analysis for well drilling specifications.
Task 1.4 Topographic Survey
The well site and pipeline alignment topographic survey will be completed for use in plan preparation.
Task 1.5 Utility Research and Notification
We will initiate a USA Dig Alert search, contact utility agencies, and request record drawing information from each utility agency.
Task 1.6 Hydraulic Calculations
We will prepare hydraulic calculations for the well pump based on the pumping level of the well and the pressure of the City's domestic water system at the point of connection.
Task 1.7 Permitting Research
We will coordinate with and secure permits from the following agencies:
• City of Santa Maria
• Regional Water Quality Control Board - National Pollutant Discharge Elimination System (NPDES) Permit
• California Department of Public Health Service - Drinking Water Source Assessment Program (DWSAP) Report, Domestic Supply Permit Amendment Task 1.8 Prepare a Preliminary Design Memorandum (PDM)
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A brief Preliminary Design Memorandum will be prepared to memorialize the scope of work, and include the following:
• Proposed Well Site Components
• Preliminary Well Site Facility Layout Plan
• Summary of Utility Research and Obstacles
• Preliminary Opinion of Construction Cost
• Hydrogeological Considerations
Task 1.9 Preliminary Design Memo Review Meeting
We will meet with City staff to review the comments and recommendations for the Preliminary Design Memorandum so they can be incorporated into the design plans and specifications.
Task 2 — Well Header Capacity Analysis
Task 2.1 Well Header Capacity Memo
Based on the information gathered in Task 1.6, we will further analyze the capacity of the existing well header pipeline to determine the limitations on the well production field. Should the pipeline be undersized in certain reaches, we will make recommendations for the upgrades needed to alleviate those bottleneck issues. Our team is available to expand our scope at that time to help the City redesign portions of the well discharge collection pipeline as necessary.
Task 2.2 Well Header Capacity Analysis Review Meeting
We will meet with City staff to review the comments and recommendations from the Well Capacity Header Memorandum and discuss their findings.
Task 2.3 Potholing
We will perform up to 7 potholes on the existing well discharge header pipeline to determine existing pipeline size and location. It is assumed that one pothole will be in the paved roadway, and the remaining 6 will be in dirt access roadway along the pipeline alignment.
Task 3 — Design Plans and Specifications
Task 3.1 Prepare and Submit 60% Plans and Specifications Based on the findings and results of the previous tasks, we will prepare and submit design plan package at the 60% approximate completion level for the well equipping and site work, as well as the pipeline connecting to the existing well distribution line Technical Specifications and Special Conditions will be started using and referencing the City's standard boilerplate specifications.
Task 3.2 Prepare and Submit 60%, Opinion of Cost
During the preparation of the 60% submittal package, we will prepare an Opinion of Construction Cost (OCC) for the project.
Task 3.3 Permitting Assistance
Along with each submittal to the City, we will provide assistance with permit acquisitions from agencies with jurisdiction. Permitting for a well facility typically includes preparing the following:
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NPDES Permit Amendment Documents, Storm Drain Permit Application, DWSAP Reports, and CDPH Domestic Supply Permit Amendment Documents. Cannon will support the City in obtaining these permits with information and sketches.
Task 3.4 Attend 60% Review Meeting with City Staff
We will attend a meeting with the City to review and discuss the 60% design submittal.
Task 3.5 Prepare and Submit 100% Plans and Specifications Based on the findings and results of the previous tasks, we will prepare and submit a design plan package of plans and specifications at the 100% approximate completion level for the well equipping and site work.
Task 3.6 Prepare and Submit 100% Opinion of Cost
We will update the Opinion of Construction Cost (OCC) for the project based on the modifications to the plans and input from the previous review meeting.
Task 3.7 Attend 100% Review Meeting with City Staff
We will attend a meeting with the City to review and discuss the 100% design submittal. City comments and design preferences will be incorporated into the Final bid package.
Task 3.8 Prepare and Submit Final Bidding Documents
Upon completion and approval of the 100% documents and review meeting, we will prepare final signed bidding documents for approval and signature by the City. These documents will be unitized in the advertised bid for drilling and equipping the new well.
Task 4 — Environmental
Task 4.1 Biological Resources Assessment
Rincon will complete a Biological Resources Assessment (BRA) to determine the potential for impacts to sensitive biological resources. The BRA will include a literature/database desktop review, a field survey of the project site and adjacent buffer area, and a technical report of findings. The report will be prepared in accordance with current industry standards.
Task 4.2 Cultural Resources Assessment
The cultural resources assessment (CRA) will include background research, a cultural resources survey, and preparation of a cultural resources letter report (letter report).
Task 4.3 AB 52 Assistance
Rincon can assist the City with government -to -government tribal consultations in conformance with AB 52. Under this task, Rincon would prepare a project -specific form letter for the City's use in contacting local Native American contacts for more information and giving them the opportunity to request formal consultation under AB 52.
Task 5 — Bidding and Construction Support
Task 5.1 Bid Assistance
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We will develop a list of qualified contractors from whom to solicit proposals, and will assist the City in advertising the project.
Task 5.2 Coordinate and Conduct Pre -Bid Meeting and Meeting Minutes Cannon will coordinate and conduct a pre -bidding meeting, prepare a meeting agenda, and prepare and distribute meeting minutes to the prospective bidders.
Task 5.3 Prepare Responses for Requests for Information RFIs and RFCs received from the Contractor will be reviewed and responses returned to the Contractor promptly to maintain the project schedule.
Task 5.4 Prepare and Distribute Bid Addenda
During the bidding period it may be necessary to prepare and distribute bidding addendas. Cannon will prepare up to three addenda for this task to clarify questions asked during bidding.
Task 5.5 Review Construction Bids and Provide Recommendations We will complete a tabulated bid review matrix of all the responsive bids. This matrix will provide an objective review of the received bids to select the best value (lowest cost for services offered) responsive bidder; this will assist the City with proposal evaluation and selection of the Contractor.
Task 5.6 Coordinate and Conduct Pre -Construction Meeting and Meeting Minutes Cannon will coordinate and conduct a pre -construction meeting, prepare a meeting agenda, and prepare and distribute meeting minutes to the prospective bidders.
Task 5.7 Review Contractor Submittals
We will review Contractor submittals for completeness and approve them in compliance with the project construction documents. We have assumed there will be approximately 25 submittal reviews, including resubmittals.
Task 5.8 RFI Review and Responses
RFIs received from the contractor will be addressed and responded to via email by Cannon's Design Engineer and will be returned to the contractor in a timely manner. We will review and respond up to 15 RFIs total for this project.
Task 5.9 Review, Negotiate, and Process Change Orders
Change orders from the Contractor will be reviewed for accuracy and fairness. Cannon will review potential change orders and recommend field changes that will benefit the Project.
Task 5.10 Record Drawings
At the end of the project we will prepare record as -built drawings based on redline information provided by the contractor and the field inspection crew. We will include all observed deviations noted during our field visits, as well as any modifications made through the RFI or change order process.
The changes will be compiled and noted on the plans to monument the final installed facility.
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Additional Scope of Services
In addition to the scope of services outlined in the project's request for proposal (RFP), we have identified a few additional services that are extremely important to the project. The items in this scope of services have been noted or separated in the project Fee Schedule.
Task 6 — Hydrogeologist and Construction Inspection
Task 6.1 Construction Inspection
During construction, we will provide an on -site construction manger to assist the City in ensuring that the work is being completed in accordance with the City's requirements, and the requirements of the Contract Documents and Specifications. While full time inspection is not necessary during all activities, it will be necessary during some critical installation elements. We have assumed approximately 2-3 days of inspection work during regular work weeks, and full time inspection during critical installation activities. An approximate number of hours was developed and included in the proposal. This quantity will be billed on a T&M basis, and utilized on an as -needed basis based on the performance of the selected contractor.
Tasks 6.2 — 6.13 Well Construction Inspection
During construction of the well, it is imperative that our hydrogeologist be on site to observe the work being performed by the well driller, so they will be able to provide recommendations for the final design of the well casing, screens, and pump settings. These items are outlined further in the fee table, with estimated hours allocated to each one.
Task 6.14 Well Design Recommendations
Once well drilling is complete, our Hydrogeologist will provide recommendations for well casing, screening, and pump settings to the Contractor for final installation.
Task 6.15 Final Well Completion Report
Once the well is complete, a final summary report will be prepared for Well #15 that includes all of the drilling, testing, and as -built components of the well.
Assumptions
This proposal was based on the following assumptions related to the proposed project:
• The project will not require relocation of existing utilities along the chosen alignment for the conveyance pipeline.
• This proposal assumes the new pipeline can be located within the existing easement. • This proposal assumes that the City will provide a sample of typical Plans and Specifications for similar projects in AutoCAD and electronic format (Word), respectively. • The survey will be based on the datum specified by the City or the best available survey control proximate to the project site.
• The survey will exhibit all readily observable surface -evident utilities and improvements; however, no underground detection or potholing will be performed.
Exclusions
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Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
• Boundary surveys and legal descriptions.
• Staking for landscaping, plantings, irrigation, and lighting. • Traffic control plans — the Contractor will be responsible for preparation and implementation of site -monitoring the traffic control plans as specified in the project construction documents. • The Contractor will be responsible for SWPPP preparations, implementation of site - monitoring, and the inspecting program as described in the SWPPP. • PG&E design fees.
• Department of Health Service fees. (These fees are typically provided to public entities and not consultants).
• Reimbursable expenses as outlined in our rates sheet
• Potholing services.
• Noise attenuation studies.
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EXHIBIT "B"
PAYMENT TERMS
Progress Authorization
Written authorization to proceed from the City authorizes the Contractor to generate the not- to- exceed cost of Four Hundred Thirty Seven Thousand, Six Hundred Twenty -Six Dollars and Zero Cents ($437,626.00) in fees for all work.
Task 1:
Task 2:
Task 3:
Task 4:
Task 5:
Task 6:
$ 62,526.00
$ 5,993.00
$ 129,072.00
$ 31,412.00
$ 56,410.00
$ 152,213.00
Total Not -To -Exceed Cost: $437,626.00
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
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EXHIBIT "C"
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance..
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architect& and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form Atty. Rev. 2018
with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in Atty. Rev. 2018
this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with retum-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall fumish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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RESOLUTION NO. 2022-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING AN AGREEMENT WITH CANNON CORPORATION FOR ENGINEERING SERVICES FOR THE DESIGN OF WATER SUPPLY WELL #15 WHEREAS, the City of Santa Maria determined it is in the public interest to design and construct an additional water supply well as State Water Allocations become less reliable; and
WHEREAS, on November 16, 2021, the City released a Request for Proposals ("RFP")from qualified firms to provide engineering services for the design of Water Supply Well #15; and
WHEREAS, a selection committee determined that the proposal from Cannon Corporation ("Cannon Corporation") best met the needs of the City's engineering services at the lowest cost; and
WHEREAS, the Public Works and Utilities Departments negotiated the terms of an Agreement for Engineering Services for The Design of Water Supply Well #15 ("Agreement")for Cannon Corporation to provide the engineering services required by the City; and
WHEREAS, execution of the Agreement enables the City to take steps forward in creating a more robustwatersupply for the public.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, Califomia, as follows:
1. The City Manager, or designee, is hereby authorized and directed to execute for and on behalf of the City of Santa Maria, an Agreement for Engineering Services with Can non Corporation forengineering servicesforthe design of the newWaterSupply Well #15; and
2. The City Manager, or designee, is hereby authorized and directed to enter into future extensions or amendments to the Agreement consistent with the terms of the Agreement; and
3. The Director of Finance or his or her designee is hereby authorized to appropriate Growth Mitigation funds and identifyexpenditure accounts within the current budget; and
4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney conceming any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th dayof April 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED TO FORM:
ity Attorney
PROVED AS TO CONTENT:
Department Director