CITY COUNCIL AGENDA
CITY OF SANTA MARIA, CALIFORNIA
Tuesday, February 7, 2023, 5:30 p.m.
City Hall Council Chambers
110 East Cook Street
Santa Maria
PURSUANT TO AB 361, THIS CITY COUNCIL MEETING WILL BE CONDUCTED BY USING A
COMBINATION OF VIRTUAL/IN-PERSON (HYBRID) MEETING PLATFORMS TO PROMOTE
SOCIAL DISTANCING AND FACILITATE CONTINUITY OF GOVERNMENT DUE TO THE RECENT SURGE IN THE OMICRON COVID-19 CASES WITHIN THE COUNTY OF SANTA BARBARA AND
THE CITY OF SANTA MARIA
Effective March 1, 2022, the requirement for unvaccinated persons to mask in indoor public settings and businesses was replaced by a strong recommendation that all persons, regardless of vaccine status, mask in indoor public settings and businesses.
How to observe the Meeting: Watch an instructional Video on Participating using Zoom. Members of the public may observe the meeting: 1) in person, 2) by registering with ZOOM, 3) on Comcast Channel 23, or 4) visiting the City's You Tube Live Streaming link which is typically available within 15 minutes of the start of the meeting.
How to submit Public Comment: If you wish to submit a public comment, as opposed to a specific written communication to the City Council, please use the Submit Public Comments link or via email at [email protected], with the subject line to include “For Public Comment,” by 2:00 p.m. on the day of the meeting. Submissions received after that time may not be timely viewed by the City Council. Submissions for public comment will be provided to the City Council, summarized into the record at the meeting, and posted on the agenda with only your name and comments.
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American Disability Act Accommodations:
Any member of the public who needs accommodations should email the City Clerk’s Office at [email protected] or call 805-925-0951 x2306. The City Clerk’s Office will use its best efforts to provide reasonable accommodations by request at least 48-hours ahead of the meeting.
Pages
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino
4. PROCLAMATIONS
There are no proclamations this evening.
5. PUBLIC COMMENT PERIOD 8
(NOT TO EXCEED A TOTAL OF 15 MINUTES)
The City Council values your input. Written comments will be accepted until 2:00 p.m. the day of the meeting via email to [email protected]. To address the City Council via the online Zoom application, please click here to register to speak. To join the open meeting by phone, dial 1-669-900-9128, and use Webinar ID: 821 4659 4067. Individual speakers are limited to three minutes or as directed by the Mayor.
6. CONSENT CALENDAR
The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. The Consent Calendar is approved by roll call vote with one motion. These items are discussed only on request of Councilmembers. Members of the public may speak on Consent Calendar items during the Public Comment Period.
SHOULD A COUNCILMEMBER WISH TO DISCUSS OR DISAPPROVE ANY ITEM, it must be dropped from the blanket motion of approval and considered as a separate item.
RECOMMENDATION:
Adopt the Consent Calendar as submitted.
CITY MANAGER/CLERK DEPARTMENT
6.a Ordinances and Resolutions
RECOMMENDATION:
Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.
6.b Approval of Minutes 10
RECOMMENDATION:
Approve the Minutes of the regular City Council meeting of January 17, 2023.
FINANCE DEPARTMENT
6.c Payment of Warrants.
RECOMMENDATION:
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.
6.d Payment of Payroll.
RECOMMENDATION:
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.
FIRE DEPARTMENT
6.e Assistance to Firefighters Grant 18
RECOMMENDATION:
Adopt a Resolution accepting an Assistance to Firefighters Grant (#EMW-2021-FG-02509) from the Federal Emergency Management Agency for wellness physicals for Santa Maria Fire Department personnel.
LIBRARY
6.f Stronger Together Early Learning Hub Project 21
RECOMMENDATION:
Adopt a Resolution approving the receipt of grant funds from the California State Library through the Black Gold Cooperative Library System for the Stronger Together Early Learning Hub Project.
PUBLIC WORKS DEPARTMENT
6.g Professional Service Agreements for On-Call Civil Engineering & Surveying
25 Environmental Notice: Adoption of the Resolution is exempt from the California Environmental Quality Act in compliance with Section 15061(b)(3) (No possibility of an impact on the environment).
RECOMMENDATION:
Adopt Resolutions awarding Professional Service Agreements in the amount of $500,000 for on-call Civil Engineering and Surveying to: 1) Bengal Engineering; 2) Bethel Engineering; 3) Consor; 4) Psomas; and 5) Wallace Group.
6.h Professional Service Agreements for On-Call Geotechnical Engineering & Materials Testing
137
Environmental Notice: Adoption of the Resolution is exempt from the California Environmental Quality Act in compliance with Section 15061(b)(3) (No possibility of an impact on the environment).
RECOMMENDATION:
Adopt Resolutions awarding Professional Service Agreements in the
amount of $300,000 for on-call Geotechnical Engineering and Materials Testing to: 1) Earth Systems; 2) GeoSolutions, Inc; and 3) Engeo.
6.i Professional Services Agreement for On-Call Architecture & Structural Engineering
191
Environmental Notice: Adoption of the Resolution is exempt from the California Environmental Quality Act in compliance with Section 15061(b)(3) (No possibility of an impact on the environment).
RECOMMENDATION:
Adopt Resolutions awarding Professional Services Agreements in the amount of $300,000 for on-call Architecture and Structural Engineering to: 1) AGD Architecture Design; 2) Arcadis IBI Group; and 3) Omni Design.
6.j Acquisition of Jones Street Property 239
Environmental Notice: Adoption of the Resolution is exempt from the California Environmental Quality Act in compliance with Section 15061(b)(3) (No possibility of an impact on the environment).
RECOMMENDATION:
Adopt a Resolution authorizing the acquisition of Assessor Parcel Number 125-200-046 from HT Partners, a California Limited Partnership, representing approximately 74,923 sq. feet of abandoned railroad, based on the appraisal report for the total just compensation of $412,000 for the extension of the Jones Street Multimodal Trail.
7. PRESENTATIONS
7.a Community Development Block Grants, HOME Investment Partnership, and Permanent Housing Allocation Accomplishments
332
The City Council will receive a presentation from the Community Programs Division to learn about the recent projects and programs funded by various Federal and State grant funds like Community Development Block Grants, HOME Investment Partnership, and Permanent Local Housing Allocation. (Community Programs Manager)
8. PUBLIC HEARING
ORDER OF PROCEEDINGS FOR PUBLIC HEARING ITEMS:
Council Agenda Report to be given.
Applicant/Appellant comments.
Questions from the City Council.
Written communications/Public input.
Public hearing to be closed.
City Council discussion and action.
8.a Betteravia Plaza and Betteravia Place at the Corner of South Blosser Road and Dan Blough Drive
334
The City Council will consider a recommendation of the Planning Commission to review a General Plan land use map amendment FROM Community Commercial (CC) and Light Industrial (LI) TO 68 net acres High-Density Residential (HDR-22) and 11.16 net acres of Community
Commercial (CC); and a Zoning map amendment FROM PD/C-2 (Planned Development/General Commercial) and PD/M-1 (Planned Development/Light Manufacturing) TO 68 net acres PD/R-3 (Planned Development/High-Density Residential) and 11.16 net acres PD/C-2 (Planned Development/General Commercial). (Director of Community Development)
The project was reviewed by the Planning Commission at a study session on November 17, 2022, and at a public hearing on December 7, 2022, where it was recommended on a 3-0-1-1 vote (Commissioner Hernandez - absent, Commissioner Lopez – abstained) for approval to the City Council.
Environmental Notice: An Addendum to the Final Environmental Impact Report (EIR) prepared for the Betteravia Plaza project was completed in accordance with Section 15164 of the CEQA Guidelines. Specifically, there are no substantial changes that have occurred in respect to the circumstances under which the modified Betteravia Plaza project will be undertaken.
A. RECOMMENDATION:
Adopt a Resolution approving an Addendum to the Betteravia Plaza Final Environmental Impact Report for the General Plan Land Use Map Amendment, Zone Change for Betteravia Plaza, and Planned Development Permits for Betteravia Place Apartments located at Lots 1 through 4 of Tract 6008, with the addresses of 2050 and 2100 South Blosser Road.
B. RECOMMENDATION:
Adopt a Resolution amending the General Plan Land Use Policy Map designation of 16.84-net acres FROM CC (Community Commercial) and LI (Light Industry) TO HDR (High Density Residential) and CC (Community Commercial).
C. RECOMMENDATION:
Introduce for the first reading and continue to a future meeting for second reading and adoption, an Ordinance amending the Official Zoning Map for 16.84-net acres located at Lots 1 and 4 of Tract 6008, with the addresses of 2050 and 2051 South Blosser Road, FROM PD/C-2 (Planned Development/General Commercial) and PD/M-1 (Planned Development/Light Industrial) TO PD/R-3 (Planned Development/High Density Residential) and PD/C-2 (Planned Development/General Commercial) zoning district.
D. RECOMMENDATION:
Adopt a Resolution approving the Betteravia Place 1 Planned Development Permit (PD2021-0006) located at Lots 3 and 4 of Tract 6008.
E. RECOMMENDATION:
Adopt a Resolution approving the Betteravia Place 2 Planned Development Permit (PD2022-0011) located at Lots 1 and 2 of Tract 6008.
9. REGULAR BUSINESS
ORDER OF PROCEEDINGS FOR REGULAR BUSINESS ITEMS:
Council Agenda Report to be given.
Questions from the City Council.
Written communications/Public input.
City Council discussion and action.
9.a English/Spanish Interpretation 395
The City Council will receive an update on the status of interpretation services for City Council meetings and continue to follow City Council policy direction from the June 21, 2022, City Council meeting. (Assistant City Manager)
RECOMMENDATION:
Receive and filed report.
10. REPORT BY CITY MANAGER
11. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS)
12. ADJOURNMENT
PLEASE NOTE:
The next regular meeting of the City Council will be held on February 21, 2023, at 5:30 p.m. The deadline for submitting items for the meeting is February 8, 2023.
City Council Meetings are televised live on Comcast cable television channel 23 and are rebroadcast at 9:00 a.m. on the next Thursday and on the following Tuesday at 5:30 p.m. Council Meeting videos are also available for viewing on the City’s website. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice.
If you challenge a determination made on a matter on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in written correspondence to the city council at, or prior to, the public hearing.
CITY COUNCIL MEETING INFORMATION AND PROCESS:
This agenda is prepared and posted pursuant to Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the summary description of each item, the action that may be taken by the City Council shall include: a referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and disapproval. Items not on the agenda may not be discussed or acted upon
except under emergency circumstances. (Government Code Section 54954.2).
Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk and available for public inspection during City Hall business hours the Friday before the meeting. Any written correspondence or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk. If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability. The City Clerk’s Office will answer any questions regarding the agenda.
Materials related to an item on this agenda submitted after the distribution of the agenda packet will also be available with the agenda material for public inspection during normal business hours in the City Clerk’s Office, 110 E. Cook Street, Santa Maria. Subject to the ability to post the documents prior to the meeting, such documents will also be available on the City’s website at https://cityofsantamaria.org/meetings
The City of Santa Maria welcomes orderly participation at its meetings from all members of the public. Orderly participation means speaking only on items of City business or on subjects within the City’s control. Though the City Council wants to hear your concerns and values your input, it is inappropriate to defame, yell, use profane language, interrupt, or disrupt the meeting. All cellular telephones are to be turned off or set to vibrate, and signs are not to be displayed in a manner that violates the rights of others or prevents others from watching or fully participating in the Council meeting. Pursuant to Government Code Section 36813, the Mayor is authorized to prohibit such conduct, up to and including ordering anyone that disrupts the meeting to be removed from the City Council Chambers.
To receive reasonable accommodation under the Americans with Disabilities Act during the meeting, please notify the City Clerk’s office of your needs during business hours at least 48 hours in advance of the meeting (typically before 3 p.m. on Thursday before the meeting). The Office of the City Clerk is located at 110 East Cook Street in Santa Maria; telephone (805) 925-0951, extension 2307. The City will give primary consideration to your request in providing assistance. Examples of assistance may include exhibits in large-sized format, use of assisted listening equipment, use of the California Relay Service, texting by cellular phone, or the services of a live interpreter.
Assisted listening equipment can also be used for interpretation by Spanish-only speaking persons. To allow the City to coordinate and request a Spanish interpreter from the volunteer corps, contact the Office of the City Clerk at (805) 925-0951 x2307 by 1:00 p.m. on Monday before the meeting. Equipo también puede ser utilizado para la asistencia de interpretación para esas personas que solamente hablan español. Para permitirle a la Ciudad que coordine y solicite un interprete de un grupo de voluntarios, llame al (805) 925-0951 extensión 2307 a la 1:00 de la tarde el lunes antes de la junta.
Scott Fina, Ph.D.
Santa Maria, CA 92455
RE: Public Comment for the February 7, 2023 City Council Meeting:
Consideration of a Development Impact Fee Deferral Program (Ordinance) for Affordable Housing
Greetings City Council Members:
Santa Maria City Council recently approved a “Disposition and Development Agreement” with Vernon Property Group, for a revitalization project at Main Street and Broadway. The project involves the creation of new commercial space and 88 rental apartments, a majority to be leased at market rate. It also involves $1.25 million in financial incentives from the city for the Vernon Property Group in paybacks and fee waivers.
Bradley Vernon, owner of the Vernon Property Group, may be a talented developer, and the project at Main and Broadway may be a good one. The $1.25 million in incentives Vernon Property Group has been promised, however, warrants a second look, given the city’s pressing need for affordable housing.
In comparison, consider an affordable rental housing project developed and constructed by nonprofit Peoples’ Self-Help Housing (PSHH), the Los Adobes de Maria III (LADM), while Mr.
Vernon was suing Guadalupe.
LADM III has 34 apartments varying from 1 to 3 bedrooms, occupied by low-income, farmworker families. No family pays more than 30% of their income in rent. The complex includes a courtyard with a playground, a community center, and laundry facilities. PSHH provides free after-school and summer tutoring for children at LADM III, and workforce readiness programs for adults.
PSHH leveraged funding from numerous sources for LADM III. More than half of the project financing came from the Low-Income Housing Tax Credit program (LIHTC). LIHTC is a federal program governed by the IRS through Section 42 of the Internal Revenue Code. (https://www.irs.gov/pub/irs-utl/IRC_42.pdf) It was created as part of the Reagan Tax Reform Act of 1986, enjoying bipartisan support ever since, as a facilitator of public-private partnerships. (https://www.novoco.com/notes-from-novogradac/lihtc-celebrates-three-decades-bipartisan- support-success)
LIHTC has become vital for developing affordable rental housing in the U.S. It is administered by state agencies, which allocate tax credits to housing developers, who in turn sell the credits to commercial investors. These commercial investors obtain “equity interest” in the housing complexes. They then claim annual federal income tax credits for 10 years.
LIHTC is a good deal for all involved: private capital, counties and municipalities, and developers. There are some catches, however. One, is that developers must guarantee the rental housing will remain affordable for at least 55 years.
A second, is that the tax credits are distributed by State Tax Credit Allocation Committees competitively, through a scoring process. A key scoring measure is public investment in the housing project. Herein lies a promising affordable housing development incentive; one that Santa Maria could readily employ and benefit from without giving money away to developers.
Cities require housing developers to pay substantial development impact fees to offset related infrastructure costs. They typically do so upfront, in the project development process.
For example, PSHH paid nearly $500,000 in these fees to Santa Maria before the city issued a building permit for LADM III. Deferring such fees (delaying their payment), is recognized as public investment by the California Tax Credit Allocation Committee, especially if the deferral is for 15 years after the construction of the project (a period of time that benefits the developer, but is also reasonable for the city or county). If Santa Maria were to adopt a development impact fee deferral program for affordable housing projects (build it into the city’s municipal code), it would draw more affordable housing developers (and projects) who will gain an advantage in winning tax credits.
Indeed, research published by the Lewis Center for Regional Policy Studies at UCLA (https://www.lewis.ucla.edu/research/reducing-development-costs-with-impact-fee-deferral/), found that deferring development impact fees will boost housing development and save costs to developers (even if they pay interest on the fees), without a significant reduction in public benefit. In other words, a city like Santa Maria has little to lose, but much to gain in deferring these fees for affordable housing.
Given the city’s affordable housing crisis, I urge City Council to adopt a development impact fee deferral program (ordinance) for affordable housing.
Thank you for you for your consideration and generous public service.
CITY COUNCIL MEETING MINUTES
CITY OF SANTA MARIA, CALIFORNIA
JANUARY 17, 2023 - CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
Mayor Patino called the meeting to order at 5:00 p.m.
ROLL CALL:
MEMBERS PRESENT:
Mayor Alice Patino, Councilmember Maribel Aguilera -Hernandez, Councilmember Mike Cordero, Councilmember Carlos Escobedo, and Councilmember Gloria Soto
STAFF MEMBERS PRESENT:
City Manager Stilwell, City Attorney Watson, Director of Recreation & Parks Alex Posada, and Deputy City Clerk Cleary (for roll call only).
PUBLIC COMMENT PERIOD
There were no requests to speak.
RECESS - CLOSED SESSION
Mayor Patino recessed to a Closed Session at 5:01 p.m. for Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.
Property: APN 117-240-028
Agency Negotiator: Jason Stilwell, City Manager
Negotiating Parties: City of Santa Maria and Canfield Development, Inc.
Under Negotiation: Price and Terms of Payment
INVOCATION
Pastor Daniel Cassels of the Life Way Fellowship gave the Invocation.
CALL TO ORDER
Mayor Patino reconvened the meeting and called the meeting to order at 5:30 p.m.
ROLL CALL:
Councilmember Cordero, Councilmember Aguilera -Hernandez, Councilmember Escobedo, Councilmember Soto, and Mayor Patino
STAFF MEMBERS PRESENT:
City Manager Jason Stilwell, City Attorney Thomas Watson, Acting Deputy Fire Chief Jim Clayton, Director of Public Works Brett Fulgoni, Assistant City Manager Andrew Hackleman, Director of Finance Mary Harvey, Library Director Dawn Jackson, Chief Human Resources Officer Linda Le (remotely), Chief Information Officer Jeffrey Marecic, Director of Community Development Chuen Ng, Director of Recreation & Parks Alex Posada, Chief of Police Marc Schneider, Recreation Services Manager Dennis Smitherman, Director of Utilities Shad Springer, Deputy City Clerk Beth Cleary, and Business Program Leader Alexandra Valadez
PLEDGE OF ALLEGIANCE
Councilmember Aguilera-Hernandez led the Pledge of Allegiance.
City of Santa Maria
City Council Meeting
January 17, 2023
CLOSED SESSION REPORT: CITY ATTORNEY
City Attorney Watson announced that during the Closed Session, price and terms of payment were discussed with the agency negotiator.
Mayor Patino indicated that Item 6A would be moved up on the agenda for consideration.
6.A. CHAPEL STREET PLAZA NAMING. The City Council considered adding the name Teresa Machado to the resource list from which City facilities are named and designating Chapel Street Plaza as Teresa Machado Plaza. Recreation and Parks Director Posada gave a presentation as detailed in the Council Agenda Report.
Staff received one written comment from Bob Orach in support of this item.
Action: Adopt a Resolution adding the name Teresa Machado to the resource list from which City facilities are named and designating Chapel Street Plaza as Teresa Machado Plaza.
Moved by Councilmember Cordero, seconded by Councilmember Escobedo.
Motion carried. Adopted as Resolution No. 2023-12. 5-0.
Staff took a moment to provide an update on damages, recovery, and available resources related to the recent storm activity in the City.
1 PRESENTATIONS/PROCLAMATIONS
A. HOMETOWN HEROES PROGRAM. The City Council received a presentation of the 2023 Class of Honorees for the Hometown Heroes Program. The Honorees were Amir Athie (Marine Corps); Nick Carter (Army); Ishmeal Castillo (Army); John "Joey" Castillo (Marines Corps); Thomas Castillo (Army); Matthew Crow (Coast Guard); Charles A. Lilly (Army); Luis P. Lopez (Navy); Narciso M.
Lopez (Army); Sotero R. Lopez (Army); Carman G. Palato (Navy); and David Yundt (Air Force).
B. BUSINESSES OF THE MONTH. Mayor Patino, Councilmember Cordero, and Chamber of Commerce CEO Glenn Morris presented Certificates of Recognition to the Featured Businesses for January 2023 - A.T. Still University (accepted by Dr. O.T. Wendel) and The Historic Santa Maria Inn (accepted by General Manager Scott Shute)
C. Councilmember Aguilera-Hernandez presented a Proclamation recognizing the month of January 2023, as “Human Trafficking Awareness Month" in the City of Santa Maria and encouraging all residents and businesses to educate themselves on the issue and report sus picious activity. The Proclamation was a ccepted by Executive Director of North County Rape Crisis Center Ann McCarty, who introduced and thanked Code Enforcement Manager Dawn Palacio and Code Enforcement Supervisor Yvette Fuentes.
2 PUBLIC COMMENT PERIOD
Gary Hall spoke about mobile home rent stabilization.
3 CONSENT CALENDAR
Councilmember Soto requested that Item 3D, Debris Removal Agreement, be pulled for a separate vote.
City of Santa Maria
City Council Meeting
January 17, 2023
Consent Calendar Items 3A-3M were approved as presented, including the adoption of Resolution Nos. 2023-01, 2023 -02, 2023 -03, 2023 -04, 2023 -05, 2023 -06, 2023-07, and 2023 -08. The recorded vote appears with each item below.
A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.
Action: Readings were waived.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. 5-0.
B. Approve the Minutes of the regular City Council meeting of December 20, 2022.
Action: Minutes approved as presented.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. 5-0.
C. Adopt a Resolution reinstating the extension of the City’s ability to conduct meetings of the City Council and City Boards, Commissions, and Committees partially or completely remotely by using a combination of in -person/virtual (hybrid) platforms as authorized by Government Code § 54953(e)(1)(A) to promote social distancing, prioritize the Public’s Health and Wellbeing under Santa Barbara County Health Officer Orders, and provide flexibility as needed to facilitate continuity of government.
Action: Continuation of hybrid meetings approved.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-01. 5-0.
D. Adopt a Resolution approving an Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions for one year with the option to extend by mutual parties' consent.
Environmental Notice: Adoption of the Resolution is exempt from the California Environmental Quality Act in compliance with Section 15061(b)(3) (No possibility of an impact on the environment).
Action: Agreement approved with 2 Mexicans, LLC dba 2M Waste Solutions.
Moved by Councilmember Aguilera-Hernandez, seconded by Councilmember Cordero.
Motion carried. Adopted as Resolution No. 2023-02. 4-1. Noes: Councilmember Soto.
E. Adopt a Resolution proclaiming a local emergency regarding severe storms and ratifying the Proclamation of local emergency by the City Manager/Director of Emergency Services.
Action: Proclamation of local emergency approved.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-03. 5-0.
F. Payment of Warrants. Ordered ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.
Action: Warrants ratified.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. 5-0.
City of Santa Maria
City Council Meeting
January 17, 2023
G. Payment of Payroll. Ordered ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.
Action: Payroll ratified.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. 5-0.
H. Adopt a Resolution authorizing the submission of an application for the 2024 Grant Program Cycle of the California Office of Traffic Safety Selective Traffic Enforcement Program Grant.
Action: Submission of an application for the 2024 Grant Program Cycle approved.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-04. 5-0.
I. Adopt a Resolution establishing two four -way stops on El Camino Street at North Lincoln Street and North Thornburg Street pursuant to Section 7-5.20 of the Santa Maria Municipal Code.
Action: Two four-way stops on El Camino Street were approved.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-05. 5-0.
J. Adopt a Resolution approving the establishment of preferential parking privileges to vehicles displaying a valid parking permit in the Bradley Square Neighborhood bounded by Crossroad Lane, South Bradley Road, the southerly portion of Bello Road, the westerly portion of Payton Way, the northerly portion of Frederick Street, Rubel Way, Stacy Anne Terrace, and East McCoy Lane.
Action: Establishment of preferential parking privileges were approved.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-06. 5-0.
K. Adopt a Resolution approving a Professional Services Agreement with Tetra Tech, Inc., to conduct construction stormwater inspection services. Environmental Notice: The Stormwater Inspection Services Agreement is exempt under the California Environmental Quality Act (CEQA) Guidelines pursuant to Article 19, Subsection 1530. All projects to be inspected under the Agreement would have had environmental review occur as necessary separate from the Agreement prior to beginning construction and inspection.
Action: Agreement approved with TetraTech, Inc. for stormwater inspection services.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-07. 5-0.
L. Adopt a Resolution awarding a bid for the construction of the Preisker Park Trail Project, Bid No. 2023/01. Environmental Notice: The project is exempt from California Environmental Quality Act (CEQA) Guidelines pursuant to Article 19, Section 15301, Class 1, because the scope of wor k is an existing public facility with negligible expansion of existing uses which qualifies under "existing facilities."
Action: Award of Bid No. 2023/01 Preisker Park Trail Project approved.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-08. 5-0.
City of Santa Maria
City Council Meeting
January 17, 2023
M. Adopt a Resolution approving the acceptance of grant funds from the California Department of Justice Tobacco Grant Program and authorizing an allocation of one full-time Park Services Officer II position for a limited term ending on June 30, 2026, in the General Fund.
Action: Acceptance of grant funds for one full-time Park Services Officer II position approved.
Moved by Councilmember Escobedo, seconded by Councilmember Aguilera- Hernandez.
Motion carried. Adopted as Resolution No. 2023-09. 5-0.
4 APPOINTMENTS
A. Deputy City Clerk Cleary gave a presentation as detailed in the Council Agenda Report. The City Council made appointments to the Block Grants Advisory Committee , the Board of Appeals, the Planning Commission, and the Recreation and Parks Commission.
Action: Councilmember Aguilera-Hernandez nominated Denise Martinez to the Block Grants Advisory Committee . Mayor Patino accepted the nomination and appointed Ms.
Martinez to the Block Grants Advisory Committees, which was ratified by the City Council.
Moved by Mayor Patino, seconded by Councilmember Cordero.
Motion carried. 5-0.
Action: Mayor Patino appointed Tom Lopez to the Board of Appeals and the City Council ratified the appointment.
Moved by Mayor Patino, seconded by Councilmember Escobedo.
Motion carried. 5-0.
Action: Councilmembers Aguilera-Hernandez and Soto nominated Yasameen Mohajer and Esau Blanco, respectively, to the Planning Commission. Mayor Patino accepted the nominations and appointed Ms. Mohajer and Mr. Blanco to the Planning Commission, which was ratified by the City Council.
Moved by Mayor Patino, seconded by Councilmember Cordero.
Motion carried. 5-0.
Action: Councilmembers Aguilera-Hernandez and Soto nominated Sally Lopez and Paul Lee, respectively, to the Recreation & Parks Commission. Mayor Patino accepted the nominations and appointed Ms. Lopez and Mr. Lee to the Recreation & Parks Commission, which was ratified by the City Council.
Moved by Mayor Patino, seconded by Councilmember Cordero.
Motion carried. 5-0.
5 PUBLIC HEARING
A. PEOPLE'S SELF-HELP HOUSING SKYLIGHT HOMES PROJECT - 3170 SANTA MARIA WAY.
The City Council considered a recommendation of the Planning Commission to review a Planned Development Permit (PD2022 -0006) and Tentative Tract Map (TR2022 -0005) for People's Self - Help Housing to construct 49 single -family residences and create 50 parcels with private streets and associated infrastructure improvements on 8.89 -acre site in a PD/R -1. (Planned Development/Single-Family Residential) district. Environmental Notice: A Mitigated Negative Declaration (MND) was previously adopted by the City Council on December 21, 2021, with the approval of the General Plan Amendment for this site.
Principal Planner Frank Albro gave a presentation as detailed in the Council Agenda Report.
City of Santa Maria
City Council Meeting
January 17, 2023
Public Input
Madelena Nieto, Robert Viadella, and Donna Viadella spoke regarding their concerns over parking, safety, and property value s. One written comment from Ray Nieto was received with the same concerns.
Action: Adopt a Resolution approving the Skylight Homes Vesting Tentative Tract Map, Tract 6033 (TR2022-0005).
Moved by Councilmember Soto, seconded by Councilmember Escobedo.
Motion carried. Adopted as Resolution No. 2023-10. 3-2. Noes: Mayor Patino and Councilmember Cordero.
Action: Adopt a Resolution approving the Skylight Homes Planned Development Permit (PD2022-0006).
Moved by Councilmember Soto, seconded by Councilmember Escobedo.
Motion carried. Adopted as Resolution No. 2023-11. 4-1. Noes: Councilmember Cordero.
6 REGULAR BUSINESS
A. BLOSSER RANCH PROJECT PUBLIC IMPROVEMENTS. The City Council heard a presentation from City staff on the public improvements being sought and development impacts expected to be generated by the proposed Blosser Ranch Project.
Director of Recreation and Parks Posada, along with Director of Community Development Ng and Fire Marshal James Austin, gave a presentation as detailed in the Council Agenda Report.
Public Input
Laurie Tamura, of Urban Planning Concepts, gave a brief history of similar projects completed in the City and stated that she is looking forward to collaborating with City staff further on the project.
Action: Report was received and filed.
B. NOMINATION AND ELECTION OF MAYOR PRO TEM. The City Council entertained nominations for the position of Mayor Pro Tem for a one-year term.
Action: Mayor Patino nominated Councilmember Aguilera -Hernandez as Mayor Pro Tem for calendar year 2023.
Moved by Mayor Patino, seconded by Councilmember Cordero.
Motion carried. 5-0.
C. APPOINTMENTS TO OUTSIDE BOARDS, COMMISSIONS, AND COMMITTEES. The City Council confirmed appointments to outside boards/committees requiring City Council representation.
City Manager Stilwell and Mayo r Patino gave the presentation as detailed in the Council Agenda Report.
The following 11 assignments were made:
1. Air Pollution Control District (APCD) - Patino (primary)/Aguilera-Hernandez (alternate)
2. Central Coast Community Energy (3CE) - Patino (primary)/Cordero (alternate)
City of Santa Maria
City Council Meeting
January 17, 2023
3. Central Coast Water Authority (CCWA) - Cordero (primary)/Utilities Director (alternate)
4. Collaborative on Homelessness (Home for Good) (HFG) - Soto (primary)/Escobedo (alternate)
5. Communify (Community Action Commission) (CAC) - Cordero
6. Downtown Revitalization Committee (DRC) - Soto (primary)/Aguilera-Hernandez (alternate)
7. Investment and Audit Oversight Committee (IAOC) - Aguilera-Hernandez
8. Local Agency Formation Commission (LAFCO) - Patino
9. Santa Barbara County Association of Governments (SBCAG) - Patino (primary)/Aguilera - Hernandez (alternate)
10. Santa Maria Airport/Council Informational (SMA/CI) - Escobedo (primary)/Soto (alternate)
11. Schools Quarterly Roundtable (SQR) - Soto (primary)/Escobedo (alternate)
REPORT BY CITY MANAGER
City Manager Stilwell reported that the next regular City Council meeting would be February 7, 2023.
Items on the agenda would include several professional services agreements, a presentation of CDBG accomplishments, and the Betteravia Place Public Hearing.
ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Aguilera-Hernandez had no reportable AB1234 items.
Councilmember Cordero reported that he spoke on the Ben Heighes Show, attended the Longest Night Annual Event, a CommUnify Board Meeting, the Walk of Life event, and the Promotion Ceremony at the Santa Maria Police Department.
Councilmember Escobedo reported that he attended the Longest Night Annual Event and the Special Holiday Food Distribution with the Foodbank.
Councilmember Soto reported that she attended the Santa Maria Public Airport District Meeting.
Mayor Patino reported that she attended the Rick Blaemire Show, a special SBCAG meeting, a Storm Prep Legislative Meeting, APCD Board of Directors Special Meeting, Rotary, Recreation and Parks Commission Meeting, Cal Cities Policy Committee Orientation, LAFCO Meeting, Livable California Communities Teleconference, California Alliance of Electeds, and Life Walk.
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City of Santa Maria
City Council Meeting
January 17, 2023
ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned in memory of Richard Weldon at 8:28 p.m.
Approved at a regular meeting on February 7, 2023.
______________________________________
Rhonda M. White, CMC
Chief Deputy City Clerk and ex officio Clerk
of the City Council
ATTEST:
___________________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
__________________________________
Alice M. Patino
Mayor of the City of Santa Maria
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Civil Engineering and Surveying Professional Services
This Agreement is made on February 7, 2023, by and between Bengal Engineering, a California Corporation (“Contractor”), 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On -Call Civil Engineering and Surveying services.
More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under this agreement. Contractor (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 Contractor 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, penalt ies, 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 Contractor including its agents, subcontractors and 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Bengal Engineering
Attn: Scott Onishuk, P.E.
Project Manager
360 S. Hope Ave, Suite C-110
Santa Barbara, CA 93105
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. Contractor 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.
4.08. Severability. The provisions of this agreement are severable. If any part
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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, Contractor 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 Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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.
CONSOR, A California Corporation CITY OF SANTA MARIA, a political subdivision of the State of California
___________________________
By: SCOTT ONISHUK
Project Manager
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
Tasks may include, but are not limited to the following:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
• Continuous interface with City staff regarding projects • Attend project meetings and prepare meeting agendas and action items • Follow up to ensure action items are compiled with
• Coordination with engineering consultants
• Coordination with other agencies
• Provide technical review and comment on consultant deliverables • Development/maintenance of project schedules
• Prepare bid packages
• Track and monitor project costs
• Track and monitor all funding
• Prepare grant funding claims as required
• Prepare grant applications
• Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
• Preparation of plans, specifications and estimates
• Plan check/Peer review
• Preparation of project drawings in CAD
• Constructability Review
• Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices.
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities.
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• Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Geotechnical Engineering and Testing Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
o City of Santa Maria
o Caltrans
o Greenbook
o APWA
o AWWA
o County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub- consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
• Traffic and parking studies including warrant analysis as applicable. • Transportation demand management programs
• Signal timing and coordination plans, and recommendations on signal maintenance and upgrades • Planning and conceptual designs of traffic diversion and calming plans including roundabouts. • Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) • Planning and establishment of safe routes to schools. • Development and updates of transportation related policies and guidelines such as transportation master plans.
• Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
• Review of the traffic and parking aspects of City capital improvement projects • Multi-modal travel modeling and traffic volume forecasts
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• Establishment and updates of transportation related fees such as traffic impact fees • Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. • Traffic and parking management and control plans.
• Data collection including multi -modal traffic volumes, traffic speeds, origin- destination surveys, travel time and delays, and parking utilization
• Sign and pavement marking retroreflectivity assessment and data processing • Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• General structural engineering services
• Inspection and testing services
• Computer-aided structural design and drafting of bridges, retaining wall and other structures • Plan checking services
• Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
• Seismic analysis of existing bridges and other structures • Load rating of existing bridges
• Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. • Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. • Provide structural engineering services on building permits for new construction and/or remodels. • Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
• Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Consultant will be expected to provide written reports, technical memorandums, calculations, or other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
• Other structural engineering services as needed.
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Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• Design surveys
• Topographic surveys
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions
Landscape Architecture & Design
TYPICAL SERVICES REQUIRED
Below are the anticipated required services and abilities required to successfully perform landscape architecture and design services on City projects, but are not limited to:
• Developing preliminary plans and working drawings
• Preparing cost estimates and work schedules
• Preparation of specifications and construction support • The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff.
• The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required.
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Environmental Planning and Permitting Services on the project types listed above include, but are not limited to:
• Phase I and Phase II Environmental Site Assessments
• Risk Assessments and Feasibility Studies
• Remediation Engineering
• Indoor Air Quality
• Underground Storage Tank Investigation/Removal
• Hazardous Waste Management
• Application of state and local laws and ordinances and the City’s Municipal Code
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• Application of CEQA and NEPA
• Thorough knowledge and understanding of the City’s General Plan • Attendance at internal and external meetings with staff and other consultants • Attendance at Planning Commission
• Assist in preparation of Staff Reports and Exhibits for Planning Commission • Review mitigation plans
• Application of Regional Water Quality Control Board requirements. • Understanding of experience working with various agencies including but not limited to:
o Caltrans
o County of Santa Barbara
o Regional Water Quality Control Board
o Santa Barbara County Air Pollution Control District
o Fish and Wildlife
o Army Corps of Engineers
Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
• Application of state and local laws and ordinances and the City’s Municipal Code. • Application of the Subdivision Map Act
• Attend internal and external meetings with staff, applicants, and other review bodies • Review Traffic analyses
• Review Drainage studies
• Application of Regional Water Quality Control Board requirements • Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
• Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Construction Management and Inspection (CMI)
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:
• Constructability Review
• Oversight of construction surveying and material testing • Pre-job coordination and administration activities
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• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
• Experience in documentation of activities through Daily Inspection Logs • Construction Safety Orders
• Best Management Practices
• Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
• Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria • Understanding of environmental regulations relevant to construction activities.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
• Appraisal
o Appraise Properties
o Prepare Appraisal Report
• Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. • Escrow and Title Coordination
o Assist the City in handling the escrow and title work • Project Management
o Attend meetings, provide general consultations or right -of-way matters pertaining to the project.
• Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right -of-way acquisition work for the project.
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $500,000.00.
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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Rate Sheet
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EXHIBIT “C”
INSURANCE
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or s elf-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Civil Engineering and Surveying Professional Services
This Agreement is made on February 7, 2023, by and between Bethel Engineering, a California Corporation (“Contractor”), 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On -Call Civil Engineering and Surveying services.
More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under this agreement. Contractor (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 Contractor 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 Contractor including its agents, subcontractors and employees. The provisions of this paragra ph 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omis sions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
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. Contractor 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.
4.08. Severability. The provisions of this agreement are severable. If any part To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Bethel Engineering
Attn: Russell J. Garrison, P.E.
President
2624 Airpark Drive
Santa Maria, CA 93455
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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, Contractor 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 Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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.
CONSOR, A California Corporation CITY OF SANTA MARIA, a political subdivision of the State of California
___________________________
By: RUSSEL J. GARRISON
President
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
Tasks may include, but are not limited to the following:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
• Continuous interface with City staff regarding projects • Attend project meetings and prepare meeting agendas and action items • Follow up to ensure action items are compiled with
• Coordination with engineering consultants
• Coordination with other agencies
• Provide technical review and comment on consultant deliverables • Development/maintenance of project schedules
• Prepare bid packages
• Track and monitor project costs
• Track and monitor all funding
• Prepare grant funding claims as required
• Prepare grant applications
• Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
• Preparation of plans, specifications and estimates
• Plan check/Peer review
• Preparation of project drawings in CAD
• Constructability Review
• Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
• Knowledge and understanding of the use of and requirements of fed eral documentation for design associated with federally-funded construction projects. • Best Management Practices.
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities.
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• Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Geotechnical Engineering and Testing Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
o City of Santa Maria
o Caltrans
o Greenbook
o APWA
o AWWA
o County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed w ith regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub- consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
• Traffic and parking studies including warrant analysis as applicable. • Transportation demand management programs
• Signal timing and coordination plans, and recommendations on signal maintenance and upgrades • Planning and conceptual designs of traffic diversion and calming plans including roundabouts. • Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) • Planning and establishment of safe routes to schools. • Development and updates of transportation related policies and guidelines such as transportation master plans.
• Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
• Review of the traffic and parking aspects of City capital improvement projects • Multi-modal travel modeling and traffic volume forecasts
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• Establishment and updates of transportation related fees such as traffic impact fees • Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. • Traffic and parking management and control plans.
• Data collection including multi -modal traffic volumes, traffic speeds, origin- destination surveys, travel time and delays, and parking utilization
• Sign and pavement marking retroreflectivity assessment and data processing • Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• General structural engineering services
• Inspection and testing services
• Computer-aided structural design and drafting of bridges, retaining wall and other structures • Plan checking services
• Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
• Seismic analysis of existing bridges and other structures • Load rating of existing bridges
• Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. • Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. • Provide structural engineering services on building permits for new construction and/or remodels. • Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Infor mation (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
• Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Consultant will be expected to provide written reports, technical memorandums, calculations, or other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
• Other structural engineering services as needed.
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Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• Design surveys
• Topographic surveys
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions
Landscape Architecture & Design
TYPICAL SERVICES REQUIRED
Below are the anticipated required services and abilities required to successfully perform landscape architecture and design services on City projects, but are not limited to:
• Developing preliminary plans and working drawings
• Preparing cost estimates and work schedules
• Preparation of specifications and construction support • The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff.
• The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required.
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Environmental Planning and Permitting Services on the project types listed above include, but are not limited to:
• Phase I and Phase II Environmental Site Assessments
• Risk Assessments and Feasibility Studies
• Remediation Engineering
• Indoor Air Quality
• Underground Storage Tank Investigation/Removal
• Hazardous Waste Management
• Application of state and local laws and ordinances and the City’s Municipal Code
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• Application of CEQA and NEPA
• Thorough knowledge and understanding of the City’s General Plan • Attendance at internal and external meetings with staff and other consultants • Attendance at Planning Commission
• Assist in preparation of Staff Reports and Exhibits for Planning Commission • Review mitigation plans
• Application of Regional Water Quality Control Board requirements. • Understanding of experience working with various agencies including but not limited to:
o Caltrans
o County of Santa Barbara
o Regional Water Quality Control Board
o Santa Barbara County Air Pollution Control District
o Fish and Wildlife
o Army Corps of Engineers
Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
• Application of state and local laws and ordinances and the City’s Municipal Code. • Application of the Subdivision Map Act
• Attend internal and external meetings with staff, applicants, and other review bodies • Review Traffic analyses
• Review Drainage studies
• Application of Regional Water Quality Control Board requirements • Review of project plans in relation to public impacts/improveme nts and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
• Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
•
Construction Management and Inspection (CMI)
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:
• Constructability Review
• Oversight of construction surveying and material testing • Pre-job coordination and administration activities
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• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
• Experience in documentation of activities through Daily Inspection Logs • Construction Safety Orders
• Best Management Practices
• Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
• Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria • Understanding of environmental regulations relevant to construction activities.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
• Appraisal
o Appraise Properties
o Prepare Appraisal Report
• Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. • Escrow and Title Coordination
o Assist the City in handling the escrow and title work • Project Management
o Attend meetings, provide general consultations or right -of-way matters pertaining to the project.
• Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right -of-way acquisition work for the project.
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $500,000.00.
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
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Civil Engineering and Surveying Professional Services
This Agreement is made on February 7, 2023, by and between Consor, a California Corporation (“Contractor”) , 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On -Call Civil Engineering and Surveying services.
More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under this agreement. Contractor (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 Contractor 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 Contractor including its agents, subcontractors and employees. The provisions of this paragra ph 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omis sions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Consor
Attn: R. Dace Morgan, P.E.
Project Director/Project Manager
364 Pacific Street, First Floor
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 Representati ve, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor 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.
4.08. Severability. The provisions of this agreement are severable. If any part
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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, Contractor 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 Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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 determinatio n 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.
CONSOR, A California Corporation CITY OF SANTA MARIA, a political subdivision of the State of California
___________________________
By: R. BRENT LEMON
Principal-In-Charge
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
Tasks may include, but are not limited to the following:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
• Continuous interface with City staff regarding projects • Attend project meetings and prepare meeting agendas and action items • Follow up to ensure action items are compiled with
• Coordination with engineering consultants
• Coordination with other agencies
• Provide technical review and comment on consultant deliverables • Development/maintenance of project schedules
• Prepare bid packages
• Track and monitor project costs
• Track and monitor all funding
• Prepare grant funding claims as required
• Prepare grant applications
• Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
• Preparation of plans, specifications and estimates
• Plan check/Peer review
• Preparation of project drawings in CAD
• Constructability Review
• Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices.
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities.
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• Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Geotechnical Engineering and Testing Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
o City of Santa Maria
o Caltrans
o Greenbook
o APWA
o AWWA
o County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub- consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
• Traffic and parking studies including warrant analysis as applicable. • Transportation demand management programs
• Signal timing and coordination plans, and recommendations on signal maintenance and upgrades • Planning and conceptual designs of traffic diversion and calming plans including roundabouts. • Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) • Planning and establishment of safe routes to schools. • Development and updates of transportation related policies and guidelines such as transportation master plans.
• Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
• Review of the traffic and parking aspects of City capital improvement projects • Multi-modal travel modeling and traffic volume forecasts
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• Establishment and updates of transportation related fees such as traffic impact fees • Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. • Traffic and parking management and control plans.
• Data collection including multi -modal traffic volumes, traffic speeds, origin- destination surveys, travel time and delays, and parking utilization
• Sign and pavement marking retroreflectivity assessment and data processing • Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• General structural engineering services
• Inspection and testing services
• Computer-aided structural design and drafting of bridges, retaining wall and other structures • Plan checking services
• Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
• Seismic analysis of existing bridges and other structures • Load rating of existing bridges
• Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. • Provide a Structural report including site plan, results of investigation, conc lusions, and Structural recommendations for design of the proposed facility or remodel. • Provide structural engineering services on building permits for new construction and/or remodels. • Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
• Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Consultant will be expected to provide written reports, technical memorandums, calculations, or other documentation as necessary, and have the capability to devel op biddable design documents and provide engineering support during construction.
• Other structural engineering services as needed.
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Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• Design surveys
• Topographic surveys
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions
Landscape Architecture & Design
TYPICAL SERVICES REQUIRED
Below are the anticipated required services and abilities required to successfully perform landscape architecture and design services on City projects, but are not limited to:
• Developing preliminary plans and working drawings
• Preparing cost estimates and work schedules
• Preparation of specifications and construction support • The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff.
• The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required.
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Environmental Planning and Permitting Services on the project types listed above include, but are not limited to:
• Phase I and Phase II Environmental Site Assessments
• Risk Assessments and Feasibility Studies
• Remediation Engineering
• Indoor Air Quality
• Underground Storage Tank Investigation/Removal
• Hazardous Waste Management
• Application of state and local laws and ordinances and the City’s Municipal Code
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• Application of CEQA and NEPA
• Thorough knowledge and understanding of the City’s General Plan • Attendance at internal and external meetings with staff and other consultants • Attendance at Planning Commission
• Assist in preparation of Staff Reports and Exhibits for Planning Commission • Review mitigation plans
• Application of Regional Water Quality Control Board requirements. • Understanding of experience working with various agencies including but not limited to:
o Caltrans
o County of Santa Barbara
o Regional Water Quality Control Board
o Santa Barbara County Air Pollution Control District
o Fish and Wildlife
o Army Corps of Engineers
Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
• Application of state and local laws and ordinances and the City’s Municipal Code. • Application of the Subdivision Map Act
• Attend internal and external meetings with staff, applicants, and other review bodies • Review Traffic analyses
• Review Drainage studies
• Application of Regional Water Quality Control Board requirements • Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
• Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Construction Management and Inspection (CMI)
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:
• Constructability Review
• Oversight of construction surveying and material testing
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• Pre-job coordination and administration activities
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
• Experience in documentation of activities through Daily Inspection Logs • Construction Safety Orders
• Best Management Practices
• Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
• Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria • Understanding of environmental regulations relevant to construction activities.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
• Appraisal
o Appraise Properties
o Prepare Appraisal Report
• Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. • Escrow and Title Coordination
o Assist the City in handling the escrow and title work • Project Management
o Attend meetings, provide genera l consultations or right -of-way matters pertaining to the project.
• Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right -of-way acquisition work for the project.
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $500,000.00.
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
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Civil Engineering and Surveying Professional Services
This Agreement is made on February 7, 2023, by and between Psomas, a California Corporation (“Contractor”) , 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 the performance of e services engineering of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On -Call Civil Engineering and Surveying services.
More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under t his agreement. Contractor (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 Contractor 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 limi tation 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 Contractor including its agents, subcontractors and 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Psomas
Attn: Timothy Hayes
Vice President/Principal
1410 Rocky Ridge Drive, Suite 350
Roseville, CA 95661
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. Contractor 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.
4.08. Severability. The provisions of this agreement are severable. If any part
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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, Contractor 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 Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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 determinati on 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.
PSOMAS, A California Corporation CITY OF SANTA MARIA, a political subdivision of the State of California
___________________________
By: TIMOTHY HAYES
Vice President/Principal
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
Tasks may include, but are not limited to the following:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
• Continuous interface with City staff regarding projects • Attend project meetings and prepare meeting agendas and action items • Follow up to ensure action items are compiled with
• Coordination with engineering consultants
• Coordination with other agencies
• Provide technical review and comment on consultant deliverables • Development/maintenance of project schedules
• Prepare bid packages
• Track and monitor project costs
• Track and monitor all funding
• Prepare grant funding claims as required
• Prepare grant applications
• Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
• Preparation of plans, specifications and estimates
• Plan check/Peer review
• Preparation of project drawings in CAD
• Constructability Review
• Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices.
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities.
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• Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Geotechnical Engineering and Testing Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
o City of Santa Maria
o Caltrans
o Greenbook
o APWA
o AWWA
o County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub- consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
• Traffic and parking studies including warrant analysis as applicable. • Transportation demand management programs
• Signal timing and coordination plans, and recommendations on signal maintenance and upgrades • Planning and conceptual designs of traffic diversion and calming plans including roundabouts. • Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) • Planning and establishment of safe routes to schools. • Development and updates of transportation related policies and guidelines such as transportation master plans.
• Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
• Review of the traffic and parking aspects of City capital improvement projects • Multi-modal travel modeling and traffic volume forecasts
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• Establishment and updates of transportation related fees such as traffic impact fees • Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. • Traffic and parking management and control plans.
• Data collection including multi -modal traffic volumes, traffic speeds, origin- destination surveys, travel time and delays, and parking utilization
• Sign and pavement marking retroreflectivity assessment and data processing • Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• General structural engineering services
• Inspection and testing services
• Computer-aided structural design and drafting of bridges, retaining wall and other structures • Plan checking services
• Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
• Seismic analysis of existing bridges and other structures • Load rating of existing bridges
• Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. • Provide a Structural report including site plan, results of investigation, conc lusions, and Structural recommendations for design of the proposed facility or remodel. • Provide structural engineering services on building permits for new construction and/or remodels. • Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
• Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Consultant will be expected to provide written reports, technical memorandums, calculations, or other documentation as necessary, and have the capability to devel op biddable design documents and provide engineering support during construction.
• Other structural engineering services as needed.
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Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• Design surveys
• Topographic surveys
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions
Landscape Architecture & Design
TYPICAL SERVICES REQUIRED
Below are the anticipated required services and abilities required to successfully perform landscape architecture and design services on City projects, but are not limited to:
• Developing preliminary plans and working drawings
• Preparing cost estimates and work schedules
• Preparation of specifications and construction support • The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff.
• The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required.
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Environmental Planning and Permitting Services on the project types listed above include, but are not limited to:
• Phase I and Phase II Environmental Site Assessments
• Risk Assessments and Feasibility Studies
• Remediation Engineering
• Indoor Air Quality
• Underground Storage Tank Investigation/Removal
• Hazardous Waste Management
• Application of state and local laws and ordinances and the City’s Municipal Code
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• Application of CEQA and NEPA
• Thorough knowledge and understanding of the City’s General Plan • Attendance at internal and external meetings with staff and other consultants • Attendance at Planning Commission
• Assist in preparation of Staff Reports and Exhibits for Planning Commission • Review mitigation plans
• Application of Regional Water Quality Control Board requirements. • Understanding of experience working with various agencies including but not limited to:
o Caltrans
o County of Santa Barbara
o Regional Water Quality Control Board
o Santa Barbara County Air Pollution Control District
o Fish and Wildlife
o Army Corps of Engineers
Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review ser vices on the project types listed above include, but are not limited to:
• Application of state and local laws and ordinances and the City’s Municipal Code. • Application of the Subdivision Map Act
• Attend internal and external meetings with staff, applicants, and other review bodies • Review Traffic analyses
• Review Drainage studies
• Application of Regional Water Quality Control Board requirements • Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
• Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Construction Management and Inspection (CMI)
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:
• Constructability Review
• Oversight of construction surveying and material testing
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• Pre-job coordination and administration activities
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
• Experience in documentation of activities through Daily Inspection Logs • Construction Safety Orders
• Best Management Practices
• Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
• Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria • Understanding of environmental regulations relevant to construction activities.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abili ties required to successfully perform right -of-way services include but are not limited to:
• Appraisal
o Appraise Properties
o Prepare Appraisal Report
• Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. • Escrow and Title Coordination
o Assist the City in handling the escrow and title work • Project Management
o Attend meetings, provide general consultations or right -of-way matters pertaining to the project.
• Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right -of-way acquisition work for the project. Page 92 of 397
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $500,000.00.
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
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Civil Engineering and Surveying Professional Services
This Agreement is made on February 7, 2023, by and between The Wallace Group, a California Corporation (“Contractor”), 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. R
ecitals true. The above recitals are true.
2. Ge
neral.
2.01. Term and Termination. The term of this contract is two (2) year, 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. S
ervices to be Performed. Contractor shall determine the method, details, and means of providing On -Call Civil Engineering and Surveying services.
More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”
2.03. Cit
y’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. P
ayment. Payment terms under this Agreement are listed in Exhibit “B.”
2.05. I
nsurance. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. E xhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. C ontractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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. T
ools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. S
tatus. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).
3.04. I
ndemnification. To the fullest extent permitted by law, the Contractor 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 limi tation 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 Contractor including its agents, subcontractors and 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement
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with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
4. M iscellaneous
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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Wallace Group
Attn.:Jorge Aguilar
Principal
612 Clarion Court
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. C
ompliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. I
ntegration. 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. I
nterpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. J
urisdiction. 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. W
arranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. N
o 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. S
ubmittals. In addition to any other submittals required by this agreement, Contractor 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. P
revailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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.
WALLACE GROUP, A California
Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
___________________________
By: JORGE AQUILAR
Principal
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Basic services shall be to perform various engineering/surveying tasks typical of a municipal agency.
Tasks may include, but are not limited to the following:
Project Management Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform project management services on the project types listed above include, but are not limited to:
• Continuous interface with City staff regarding projects • Attend project meetings and prepare meeting agendas and action items • Follow up to ensure action items are compiled with
• Coordination with engineering consultants
• Coordination with other agencies
• Provide technical review and comment on consultant deliverables • Development/maintenance of project schedules
• Prepare bid packages
• Track and monitor project costs
• Track and monitor all funding
• Prepare grant funding claims as required
• Prepare grant applications
• Prepare RFPs for professional services, as required to continue progress of projects.
Civil Engineering Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform engineering design services on the project types listed above include, but are not limited to:
• Preparation of plans, specifications and estimates
• Plan check/Peer review
• Preparation of project drawings in CAD
• Constructability Review
• Understanding and application of standard details and specifications from:
City of Santa Maria
Caltrans
Greenbook
APWA
AWWA
County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices.
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities.
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• Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State and local laws.
Geotechnical Engineering and Testing Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
o City of Santa Maria
o Caltrans
o Greenbook
o APWA
o AWWA
o County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub- consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
Traffic/Transportation Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform traffic and transportation engineering services on the project types listed above include but are not limited to:
• Traffic and parking studies including warrant analysis as applicable. • Transportation demand management programs
• Signal timing and coordination plans, and recommendations on signal maintenance and upgrades • Planning and conceptual designs of traffic diversion and calming plans including roundabouts. • Planning and conceptual designs of complete streets in light of established standards and guidelines as well as assessment of potential operational impacts (such as the impacts on automobile traffic that could result from a road diet to provide bike lanes) • Planning and establishment of safe routes to schools. • Development and updates of transportation related policies and guidelines such as transportation master plans.
• Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
• Review of the traffic and parking aspects of City capital improvement projects • Multi-modal travel modeling and traffic volume forecasts • Establishment and updates of transportation related fees such as traffic impact fees
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• Respond to public inquiries and requests for traffic control device installations and modifications such as stop signs, crosswalks, traffic channelization, speed zones, etc. • Traffic and parking management and control plans.
• Data collection including multi -modal traffic volumes, traffic speeds, origin- destination surveys, travel time and delays, and parking utilization
• Sign and pavement marking retroreflectivity assessment and data processing • Present projects and programs in project meetings, community workshops, and public hearings as needed.
Structural Engineering
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• General structural engineering services
• Inspection and testing services
• Computer-aided structural design and drafting of bridges, retaining wall and other structures • Plan checking services
• Provide structural engineering services on existing or potential construction of bridges, overpasses, building foundations, and retaining walls. Design of repairs, retrofits, or modifications to existing bridges and structures
• Seismic analysis of existing bridges and other structures • Load rating of existing bridges
• Provide structural engineering services for potentially hazardous situations such as seismic activity.
Design temporary shoring for structures damaged during a disaster or seismic activity. • Provide a Structural report including site plan, results of investigation, conclusions, and Structural recommendations for design of the proposed facility or remodel. • Provide structural engineering services on building permits for new construction and/or remodels. • Provide technical support to staff on structural related matters during bidding and construction. This includes but is not limited to responding to bidder questions, providing addenda and written clarifications when necessary, responding to contractor Requests for Information (RFI), reviewing contractor submittals to assure
conformance with the construction specifications and drawings, attending project related meetings, and addressing structural problems and deficiencies.
• Provide general structural consulting services such as interpreting code requirements, identifying and selecting design alternatives, assisting with cost estimates, and providing peer reviews. The Consultant will be expected to provide written reports, technical memorandums, calculations, or other documentation as necessary, and have the capability to develop biddable design documents and provide engineering support during construction.
• Other structural engineering services as needed.
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Surveying Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform structural engineering services on the project types listed above include, but are not limited to:
• Design surveys
• Topographic surveys
• Construction staking
• Quality assurance of contractor staking
• Monument control
• Record and title research
• Plat and legal description for property acquisitions
• ROW certifications (Caltrans)
• Map Checking
• Corner Record
• Property and Easement Descriptions
Landscape Architecture & Design
TYPICAL SERVICES REQUIRED
Below are the anticipated required services and abilities required to successfully perform landscape architecture and design services on City projects, but are not limited to:
• Developing preliminary plans and working drawings
• Preparing cost estimates and work schedules
• Preparation of specifications and construction support • The landscape architectural consultant must have specific design expertise with landscape designed for USGBC, LEED building projects, and shall have a LEED accredited professional as a part of the project staff.
• The landscape architecture firm will also facilitate discipline coordination, coordination between the City and any regulatory agencies ad required.
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Environmental Planning and Permitting Services on the project types listed above include, but are not limited to:
• Phase I and Phase II Environmental Site Assessments
• Risk Assessments and Feasibility Studies
• Remediation Engineering
• Indoor Air Quality
• Underground Storage Tank Investigation/Removal
• Hazardous Waste Management
• Application of state and local laws and ordinances and the City’s Municipal Code
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• Application of CEQA and NEPA
• Thorough knowledge and understanding of the City’s General Plan • Attendance at internal and external meetings with staff and other consultants • Attendance at Planning Commission
• Assist in preparation of Staff Reports and Exhibits for Planning Commission • Review mitigation plans
• Application of Regional Water Quality Control Board requirements. • Understanding of experience working with various agencies including but not limited to:
o Caltrans
o County of Santa Barbara
o Regional Water Quality Control Board
o Santa Barbara County Air Pollution Control District
o Fish and Wildlife
o Army Corps of Engineers
Land Development Review
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform Development Review services on the project types listed above include, but are not limited to:
• Application of state and local laws and ordinances and the City’s Municipal Code. • Application of the Subdivision Map Act
• Attend internal and external meetings with staff, applicants, and other review bodies • Review Traffic analyses
• Review Drainage studies
• Application of Regional Water Quality Control Board requirements • Review of project plans in relation to public impacts/improvements and conformance with City Planning documents such as:
o General Plan
o Specific Plans
o Bikeway Master Plan
o Active Transportation Plan
o Utility Capacity Study
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o Institute of Transportation Engineers (ITE) Trip Generation Manuals o City of Santa Maria
o County of Santa Barbara
• Ability to work with the Utilities Department, special districts, and public agencies in and adjacent to the City of Santa Maria
Construction Management and Inspection (CMI)
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform CMI services on the projects listed above include, but are not limited to:
• Constructability Review
• Oversight of construction surveying and material testing
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• Pre-job coordination and administration activities
• Understanding of standard details and specifications from:
o Caltrans
o Greenbook
o APWA
o AWWA
o City of Santa Maria
o County of Santa Barbara
• Experience in documentation of activities through Daily Inspection Logs • Construction Safety Orders
• Best Management Practices
• Inspection:
o Traffic Control
o Storm Water Prevention Measures
o General Street Construction
o Underground Utility Construction
o Traffic Signal Installation
o Landscaping and Irrigation Installation
o Street Striping
• Ability to work with utilities and public agencies in and adjacent to the City of Santa Maria • Understanding of environmental regulations relevant to construction activities.
Right-of-Way Services
TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform right -of-way services include but are not limited to:
• Appraisal
o Appraise Properties
o Prepare Appraisal Report
• Negotiation
o Negotiate for the purchase of partial/full properties o Prepare all letters and documents required for the proposed acquisitions including but not limited to the following:
Offer Letter
Appraisal Summary Statement
Agreement for purchase
Deeds
Other documents as required
o Present the offer in person and handle all discussion with owners o Keep the City advised as to the status of negotiations. • Escrow and Title Coordination
o Assist the City in handling the escrow and title work • Project Management
o Attend meetings, provide general consultations or right -of-way matters pertaining to the project.
• Project Tracking and Clerical
o Provide the necessary tracking and clerical work for the right -of-way acquisition work for the project.
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $500,000.00.
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
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. E mployer'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 Provider 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 commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. T
he 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider's insurance and shall not contribute with it.
3. E
ach 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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Geotechnical Engineering and Materials Testing Services
This Agreement is made on February 7, 2023, by and between Earth Systems , a California Corporation (“Contractor”), 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On-Call Geotechnical Engineering and Materials Testing Services. More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under t his agreement. Contractor (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 Contractor 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 Contractor including its agents, subcontractors and 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTO R. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement
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with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Earth Systems
Attn: Robert Down, P.E.
Managing Principal
2049 Preisker Lane
Santa Maria, CA 93454
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. Contractor 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 modi fications, 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, Contractor 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 Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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.
EARTH SYSTEMS, A California
Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
___________________________
By: ROBERT DOWN
Senior Vice President
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Geotechnical Engineering and Testing Services
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
• City of Santa Maria
• Caltrans
• Greenbook
• APWA
• AWWA
• County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub- consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
The Consultant will be expected to provide written reports, technical memorandums, calculations, and other documentation as necessary, and provide engineering and field support during construction activities. The Consultant shall provide geotechnical engineering support services including, but not limited to the following:
• Geotechnical engineering investigations
• Geotechnical feasibility studies
• Failure investigations of foundations, retaining walls, slopes, and pavement • Engineering analysis of settlement-reduction methods
• Geologic evaluations, slope stability studies, and fault location studies • Development of criteria for earth retention structures • Groundwater monitoring and sampling
• Laboratory analysis of soil and groundwater samples
• Monitoring well installation and development
• Geophysical exploration
• Liquefaction and seismicity studies
• Seismic refraction/rippability studies
• Document and drawing review.
• Field inspections and data collection
• Cost estimating
• Meeting attendance
• Design calculations and/or calculation review
• Design drawings or details
• Design requirements or recommendations
• Coordination with other consultants
The field and laboratory data will be expected to be reviewed by a Registered Geotechnical Engineer and evaluated with respect to development of geotechnical criteria for site preparation, grading, utility trenches,
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foundations, slabs-on-grade and exterior pedestrian flatwork, retaining walls, pavement sections, drainage around improvements, and observation and testing. The following items will be addressed:
• Soil and groundwater conditions encountered
• Preparation of the building area prior to construction • Grading criteria
• Types and depths of foundations
• Slab-on-grade design criteria
• Maximum allowable bearing capacities
• California Building Code (CBC) seismic criteria for use in foundation design • Liquefaction potential
• Estimated total and differential settlement
• Resistance to lateral loads
• Retaining wall design criteria
• Pavement design criteria
• Drainage around improvements
• Observation and testing
During construction, consultant may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:
• Geotechnical observation and field testing of soils
• Geotechnical certification of grading
• Geotechnical inspection of deep foundation systems
• Reinforced concrete special inspection
• Post-tensioned concrete special inspection
• Masonry special inspection
• Asphalt concrete placement inspection
• Spray-applied fireproofing special inspection and testing • Shop and field welding special inspection
• Special inspection of high strength bolting and shear studs • Shotcrete special inspection
• Inspection of shot pins and expansion anchors
• Inspection of reflected ceiling bracing and support
• DR-Meter (pachometer) testing of reinforced masonry and concrete • Mobile asphalt laboratory testing
• Welder certification
• Concrete sampling and testing, including slump, air content, casting test • cylinders, and compression testing
• Masonry sampling and testing, including block units, prisms, block shrinkage, • mortar strength, grout strength and cores of completed • Shotcrete sampling and testing, including slump, casting test panels, and • compression testing
• Sampling and testing of reinforcing steel, torque testing, • Bolt tension testing
• Bolt torque testing
• Asphalt, concrete, and grout mix designs and review of contractor submittals
Soil samples will be tested in the laboratory to determine various engineering properties. The f ollowing types of tests are anticipated:
• Unit weight and moisture
• Expansion index
• Maximum density vs. optimum moisture
• Angle of internal friction and cohesion
• One dimensional consolidation
• R-value
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.
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
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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 s pecial circumstances.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Geotechnical Engineering and Materials Testing Services
This Agreement is made on February 7, 2023, by and between GeoSolutions, Inc. , a California Corporation (“Contractor”), 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On-Call Geotechnical Engineering and Materials Testing Services. More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under this agreement. Contractor (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 Contractor 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 Contractor including its agents, subcontractors and 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTO R. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
GeoSolutions, Inc.
Attn: Kelly Robinson, PhD, GE
Principal Engineer
1021 Tama Lane, Suite 105
Santa Maria, CA 93455
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. Contractor 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.
4.08. Severability. The provisions of this agreement are severable. If any part
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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, Contractor 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 Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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.
GEO SOLUTIONS, INC. A California
Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
___________________________
By: KRAIG R. CROZIER
President
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Geotechnical Engineering and Testing Services
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
• City of Santa Maria
• Caltrans
• Greenbook
• APWA
• AWWA
• County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub-consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
The Consultant will be expected to provide written reports, technical memorandums, calculations, and other documentation as necessary, and provide engineering and field support during construction activities. The Consultant shall provide geotechnical engineering support services including, but not limited to the following:
• Geotechnical engineering investigations
• Geotechnical feasibility studies
• Failure investigations of foundations, retaining walls, slopes, and pavement • Engineering analysis of settlement-reduction methods
• Geologic evaluations, slope stability studies, and fault location studies • Development of criteria for earth retention structures • Groundwater monitoring and sampling
• Laboratory analysis of soil and groundwater samples
• Monitoring well installation and development
• Geophysical exploration
• Liquefaction and seismicity studies
• Seismic refraction/rippability studies
• Document and drawing review
• Field inspections and data collection
• Cost estimating
• Meeting attendance
• Design calculations and/or calculation review
• Design drawings or details
• Design requirements or recommendations
• Coordination with other consultants
The field and laboratory data will be expected to be reviewed by a Registered Geotechnical Engineer, and evaluated with respect to development of geotechnical criteria for site preparation, grading, utility trenches,
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foundations, slabs-on-grade and exterior pedestrian flatwork, retaining walls, pavement sections, drainage around improvements, and observation and testing. The following items will be addressed:
• Soil and groundwater conditions encountered
• Preparation of the building area prior to construction • Grading criteria
• Types and depths of foundations
• Slab-on-grade design criteria
• Maximum allowable bearing capacities
• California Building Code (CBC) seismic criteria for use in foundation design • Liquefaction potential
• Estimated total and differential settlement
• Resistance to lateral loads
• Retaining wall design criteria
• Pavement design criteria
• Drainage around improvements
• Observation and testing
During construction, consultant may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:
• Geotechnical observation and field testing of soils
• Geotechnical certification of grading
• Geotechnical inspection of deep foundation systems
• Reinforced concrete special inspection
• Post-tensioned concrete special inspection
• Masonry special inspection
• Asphalt concrete placement inspection
• Spray-applied fireproofing special inspection and testing • Shop and field welding special inspection
• Special inspection of high strength bolting and shear studs • Shotcrete special inspection
• Inspection of shot pins and expansion anchors
• Inspection of reflected ceiling bracing and support
• DR-Meter (pachometer) testing of reinforced masonry and concrete • Mobile asphalt laboratory testing
• Welder certification
• Concrete sampling and testing, including slump, air content, casting test • cylinders, and compression testing
• Masonry sampling and testing, including block units, prisms, block shrinkage, • mortar strength, grout strength and cores of completed • Shotcrete sampling and testing, including slump, casting test panels, and • compression testing
• Sampling and testing of reinforcing steel, torque testing, • Bolt tension testing
• Bolt torque testing
• Asphalt, concrete, and grout mix designs and review of contractor submittals
Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:
• Unit weight and moisture
• Expansion index
• Maximum density vs. optimum moisture
• Angle of internal friction and cohesion
• One dimensional consolidation
• R-value
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.
EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.
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".
EXHIBIT “B”
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EXHIBIT “B”
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EXHIBIT “C”
INSURANCE
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Geotechnical Engineering and Materials Testing Services
This Agreement is made on February 7, 2023, by and between E NGEO Incorporated, a California Corporation (“Contractor”) , 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On-Call Geotechnical Engineering and Materials Testing Services. More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perfor m this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under this agreement. Contractor (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 Contractor 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 wil lful misconduct of the Contractor including its agents, subcontractors and 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.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTO R. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement
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with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
ENGEO Incorporated
Attn: Randy Hildebrant, PE, GE
Project Manager
2646 Santa Maria Way, Suite 107
Santa Maria, CA 93455
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. Contractor 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 modi fications, 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 j urisdiction, 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, Contractor shall submit copi es of its current business license and current certificate of workers’ compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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 determinati on 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.
ENGEO Incorporated. A California
Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
___________________________
By: URI EIAHU
President
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
Geotechnical Engineering and Testing Services
• Constructability Review and Plan Check
• Understanding and application of standard details and specifications from:
• City of Santa Maria
• Caltrans
• Greenbook
• APWA
• AWWA
• County of Santa Barbara
• Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally-funded construction projects. • Best Management Practices
• Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
• Understanding of environmental regulations relevant to construction activities. • Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
• Consultant and its sub- consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
The Consultant will be expected to provide written reports, technical memorandums, calculations, and other documentation as necessary, and provide engineering and field support during construction activities. The Consultant shall provide geotechnical engineering support services including, but not limited to the following:
• Geotechnical engineering investigations
• Geotechnical feasibility studies
• Failure investigations of foundations, retaining walls, slopes, and pavement • Engineering analysis of settlement-reduction methods
• Geologic evaluations, slope stability studies, and fault location studies • Development of criteria for earth retention structures • Groundwater monitoring and sampling
• Laboratory analysis of soil and groundwater samples
• Monitoring well installation and development
• Geophysical exploration
• Liquefaction and seismicity studies
• Seismic refraction/rippability studies
• Document and drawing review
• Field inspections and data collection
• Cost estimating
• Meeting attendance
• Design calculations and/or calculation review
• Design drawings or details
• Design requirements or recommendations
• Coordination with other consultants
The field and laboratory data will be expected to be reviewed by a Registered Geotechnical Engineer and evaluated with respect to development of geotechnical criteria for site preparation, grading, utility trenches,
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foundations, slabs-on-grade and exterior pedestrian flatwork, retaining walls, pavement sections, drainage around improvements, and observation and testing. The following items will be addressed:
• Soil and groundwater conditions encountered
• Preparation of the building area prior to construction • Grading criteria
• Types and depths of foundations
• Slab-on-grade design criteria
• Maximum allowable bearing capacities
• California Building Code (CBC) seismic criteria for use in foundation design • Liquefaction potential
• Estimated total and differential settlement
• Resistance to lateral loads
• Retaining wall design criteria
• Pavement design criteria
• Drainage around improvements
• Observation and testing
During construction, consultant may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:
• Geotechnical observation and field testing of soils
• Geotechnical certification of grading
• Geotechnical inspection of deep foundation systems
• Reinforced concrete special inspection
• Post-tensioned concrete special inspection
• Masonry special inspection
• Asphalt concrete placement inspection
• Spray-applied fireproofing special inspection and testing • Shop and field welding special inspection
• Special inspection of high strength bolting and shear studs • Shotcrete special inspection
• Inspection of shot pins and expansion anchors
• Inspection of reflected ceiling bracing and support
• DR-Meter (pachometer) testing of reinforced masonry and concrete • Mobile asphalt laboratory testing
• Welder certification
• Concrete sampling and testing, including slump, air content, casting test • cylinders, and compression testing
• Masonry sampling and testing, including block units, prisms, block shrinkage, • mortar strength, grout strength and cores of completed • Shotcrete sampling and testing, including slump, casting test panels, and • compression testing
• Sampling and testing of reinforcing steel, torque testing, • Bolt tension testing
• Bolt torque testing
• Asphalt, concrete, and grout mix designs and review of contractor submittals
Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:
• Unit weight and moisture
• Expansion index
• Maximum density vs. optimum moisture
• Angle of internal friction and cohesion
• One dimensional consolidation
• R-value
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.
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
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider including materials, parts or equipment fur nished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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:
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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 Provider 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
Provider shall furnish 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 Provider’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.
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Architecture and Structural Engineering Professional Services
This Agreement is made on February 7, 2023, by and between A ndrew Goodwin Designs a California Corporation (“Contractor”), 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 the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction 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 (2) year, 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. Contractor shall determine the method, details, and means of providing On-call Architecture and Structural Engineering services. More specifically, Contractor 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 Contractor 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. Contractor shall provide insurance as listed in Exhibit “C.”
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2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor’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, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor'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 Contractor under this agreement. Contractor (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 Contractor 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 Contractor including its agents, subcontractors and 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.
3.05 Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR’s Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement
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with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Andrew Goodwin Designs
Attn: Andrew Goodwin, AIA
2050 Parker Street
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. Contractor 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.
4.08. Severability. The provisions of this agreement are severable. If any part
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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, Contractor 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 Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors 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.
ANDREW GOODWIN DESIGNS, A
California Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
___________________________
By: ANDREW GOODWIN, AIA
Partner
___________________________
By: JASON STILWELL
City Manager
ATTEST:
___________________________
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
SERVICES TO BE PERFORMED
1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.
2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.
3. Code Analysis: Project -specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.
4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.
5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.
6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.
7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.
8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to r eview boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.
9. Contractor Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Contractors or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing owner-contractor agreements, and construction administration.
10. Creative, Artistic & Techn ological Design: Imaginative, functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.
Other services provided by architects:
• Historic preservation research, evaluation and design • Existing building measurement; preparation of existing building drawings • As-Built record drawings documenting existing or recently completed work • Master planning research and analysis
• Cost estimating related to design options
• Project information surveys
• Design team and process/integration management
• Conceptual design and regional/cultural context
• Sustainability and energy use/production analysis and design • Water and wastewater use analysis and design
• Project programming, pre-design planning
• Rating system (LEED, WELL, Passive House, etc.) coordination and management • Space utilization, functionality, economic and pre-design analysis • Indoor air quality and interior analysis
• Interior design
• Accessibility reviews and design
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• Site selection, studies and design
• Land use analysis and design
• Landscape design
• Specifications writing, bid package preparation
• Consultant coordination and management
• Construction administration, time, cost and quality management • Public hearing and data collection assistance
• Contractor bidding, negotiation, contract and process assistance to the owner • Project-related public agency coordination and management • Illustration rendering and 3D design modeling
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EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
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
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider 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 Provider.
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 Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' 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
Provider 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 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.
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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 Provider 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 commercial general liability and automobile 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 Provider 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 Provider’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 Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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 Provider'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 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 return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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: