ANNUAL SENATE BILL 1693
COMPLIANCE REPORT FOR GROWTH MITIGATION FEES
Fiscal Year Ending June 30, 2023
A) A brief description of the type of fee in the account or fund.
Police - To provide for new police facilities and equipment.
B) The amount of the fee.
Single Family Per Square Foot
Multiple Family Per Square Foot
Senior/Affordable Per Square Foot
Commercial/Industrial Per Square Foot
C) The beginning and ending balance of the account or fund.
Beginning:
Ending:
$ -4,708,574.90
-4,589,673.31
D) The amount of the fees collected and the interest earned.
Fees Collected $ 103,253.78
Interest 15,647.81
Refund 0.00
0.38 0.38
0.38 0.30
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Approximate Percent
Expenditures Funded by Fees
None $ 0 0%
F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Not applicable since funds were previously spent on approved projects.
G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfer or loans, utilizing these funds, were made during the fiscal year.
H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Attachment A
ANNUAL SENATE BILL 1693
COMPLIANCE REPORT FOR GROWTH MITIGATION FEES
Fiscal Year Ending June 30, 2023
A) A brief description of the type of fee in the account or fund.
Library - To provide a new library facility and equipment.
B) The amount of the fee.
Single Family Per Square Foot
Multiple Family Per Square Foot
Senior/Affordable Per Square Foot
Commercial/Industrial Per Square Foot
C) The beginning and ending balance of the account or fund.
Beginning:
Ending:
$ -4,360,973.68
-4,280,070 11
D) The amount of the fees collected and the interest earned.
Fees Collected $ 65,269.71
Interest 15,633.86
Refund 0.00
0.28 0.28
0.28 0.10
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Approximate Percent
Expenditures Funded by Fees
None $ 0 0%
F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Not applicable since funds were previously spent on approved projects.
G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfer or loans, utilizing these funds, were made during the fiscal year.
H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Attachment A
ANNUAL SENATE BILL 1693
COMPLIANCE REPORT FOR GROWTH MITIGATION FEES
Fiscal Year Ending June 30, 2023
A) A brief description of the type of fee in the account or fund.
Eire — To finance new fire stations and fire equipment.
B) The amount of the fee.
Single Family Per Square Foot
Multiple Family Per Square Foot
Senior/Affordable Per Square Foot
Commercial/Industrial Per Square Foot
C) The beginning and ending balance of the account or fund.
Beginning: $ 25,472.79
Ending: 144,503.97
D) The amount of the fees collected and the interest earned.
Fees Collected $ 122,653.75
Interest -3,619.51
Refund 0.00
0.57 0.57
0.57 0.08
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Approximate Percent
Expenditures Funded by Fees
None $ 0 0%
F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Not applicable since funds were previously spent on approved projects.
G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfer or loans, utilizing these funds, were made during the fiscal year.
H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Attachment A
ANNUAL SENATE BILL 1693
COMPLIANCE REPORT FOR GROWTH MITIGATION FEES
Fiscal Year Ending June 30, 2023
A) A brief description of the type of fee in the account or fund.
Traffic Improvement Fee — To provide for transportation improvements to accommodate traffic generated by future development within the City and its sphere of influence annexation areas.
B) The amount of the fee.
Single Family Per Square Foot $ 3.87
Multiple Family Per Square Foot 3.89
Senior/Affordable Per Square Foot 1.08
Commercial/Industrial Per Square Foot See Note
Note: Commercial and Industrial traffic fees shall be based on land use categories.
C) The beginning and ending balance of the account or fund.
Beginning:
Ending:
$ 33,382,089.06
34,079,486.20
D) The amount of the fees collected and the interest earned.
Fees Collected $ 570,022.58
Interest 282,654.06
Refund 0.00
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Approximate Percent
Expenditures Funded by Fees
Highway 101/135 Interchange $ 150,904.87 71%
F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Sufficient funds have not been collected.
G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfer or loans, utilizing these funds, were made during the fiscal year.
H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Attachment A
ANNUAL SENATE BILL 1693
COMPLIANCE REPORT FOR GROWTH MITIGATION FEES
Fiscal Year Ending June 30, 2023
A) A brief description of the type of fee in the account or fund.
Water — To provide funding for the construction of facilities to ensure a continuing supply of potable water or purchase of State water entitlements.
B) The amount of the fee.
Single Family Per Unit $ 2,612.00
Multiple Family Per Unit See Note
Commercial Per Unit See Note
Industrial Per Unit See Note
Note: Fees vary depending on connection size. Single family rates assume a meter size of .75 inches. If size is different, the fee is based on meter size.
C) The beginning and ending balance of the account or fund.
Beginning: $ 3,298,894.62
Ending: 3,396,773.61
D) The amount of the fees collected and the interest earned.
Fees Collected $ 217,536.00
Interest 26,296.41
Refund -3,711.00
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Approximate Percent
Expenditures Funded by Fees
Water Well Development or Rehab
$ 141,811.47
100%
F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Not applicable since funds were previously spent on approved projects.
G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfer or loans, utilizing these funds, were made during the fiscal year.
H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.
No refunds were made during the fiscal year.
Attachment A
ANNUAL SENATE BILL 1693
COMPLIANCE REPORT FOR GROWTH MITIGATION FEES
Fiscal Year Ending June 30, 2023
A) A brief description of the type of fee in the account or fund.
Wastewater — To provide funding for the construction of wastewater treatment plant improvements and expansions, wastewater interceptors and other closely related projects.
B) The amount of the fee.
Single Family Per Unit $ 4,281.00
Multiple Family Per Unit 3,837.00
Senior/Affordable Per Unit 1,435.00
Commercial/Industrial Per Unit See Note
Note: Fees are stated in terms of connection size.
C) The beginning and ending balance of the account or fund.
Beginning: $ 7,162,203.81
Ending: 7,349,689.02
D) The amount of the fees collected and the interest earned.
Fees Collected $ 331,291.00
Interest 58,981.44
Refund 0
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
Approximate Percent
Expenditures Funded by Fees
Knudsen Way UCS A-2 Sewer Line
Replacement $ 1,852.10
Sewer Line W Mill St & W Chapel $ 200,000.00
20%
90%
F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
Sufficient funds have not been collected.
G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
No interfund transfer or loans were made during the fiscal year utilizing these funds.
H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.
No refunds were made pursuant to subdivision (e) and (f) of Section 66001 Attachment A
FOR THE COUNCIL MEETING OF DECEMBER 19, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Awarding a Bid to Main Line Engineering for the Stowell -Black Road Waterline Extension Project, Bid No. 2023-13 Description:
The City Council will consider approving the award of Bid No. 2023-13 to Main Line Engineering for the construction of the Stowell -Black Road Waterline Extension Project.
This project will consist of installing approximately 8,000 linear feet of waterline, including all associated valves, hydrants, fittings, and other appurtenances westward on Stowell Road and northward on Black Road to the City of Santa Maria Wastewater Treatment Plant.
Environmental Notice: In May 2023, an Initial Environmental Study was completed and based on the information available at the time of preparation of the plans and specifications, the Environmental Officer recommended that a Mitigated Negative Declaration be filed for the Stowell -Black Road Waterline Extension Project based on information contained in File SP2023-0004.
RECOMMENDATION:
Adopt a Resolution awarding a bid to Main Line Engineering, in the amount of $887,060 for the construction of the Stowell -Black Road Waterline Extension Project, Bid No. 2023-
13. BACKGROUND:
Under the direction of the City of Santa Maria Utilities Department, the project was designed by Bengal Engineering. The project scope includes the installation of approximately 7,550 linear feet (1.43 miles) of a 12 -inch main waterline from an existing waterline connection point on West Stowell Road to the City of Santa Maria Wastewater Treatment Plant (WWTP) to provide additional water supply for the WWTP's operations (project). The waterline will tie into the existing 12 -inch waterline along Stowell Road, extend approximately 2,400 feet westward along the southern dirt shoulder of Stowell Road, turn north at Black Road, and continue approximately 4,200 linear feet along the west side of Black Road. The 12 -inch waterline will then reduce to an 8 -inch lateral line and extend another approximately 950 linear feet within the WWTP and terminate. All project work would occur within the City's right-of-way along West Stowell Road and Black Road and within the City WWTP.
DISCUSSION:
The project was extensively advertised for bids. The City received six bids, which were opened on October 19, 2023. A summary of the bids submitted is as follows:
Bidder
Bid Amount
Main Line Engineering
$887,060.00
W. M. Lyles Co.
$1,296,633.00
Specialty Construction, Inc.
$1,312,749.00
V. Lopez Jr. & Sons G.E.C., Inc.
$1,327,553.35
Raminha Construction, Inc.
$1,896,235.00
Blois Construction, Inc.
$2,359,441.00
A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Public Works Director at 110 S. Pine Street, Suite 221.
As stated in the Bid Specifications, the Basis of Award is based on the lowest responsive responsible bid, based on the Grand Total. Main Line Engineering has been deemed to be the lowest responsible bidder.
Main Line Engineering has performed and successfully completed similar work for the City of Santa Maria, as well as many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff have checked the firm's references and are comfortable with the ability of the contractor to perform the work successfully.
The recommended action is to award the bid to Main Line Engineering, in the amount of $887,060.00.
Alternative(s)
The alternative to the recommended action would be to reject all bids.
Fiscal Considerations
Account No. 002-011-080-52-47, "Stowell to Black Rd — Potable Water line" has $1,186,000 budgeted this fiscal year.
Available Budget Account
Amount
Stowell to Black Rd — Potable Water line
$ 1,186,000.00
Estimated Expenditures
Amount
Award
Contingency (25%)
$ 887,060.00
$ 221,765.00
Inspection, Testing, Staff Time
$ 60,000.00
Total
$ 1,168,825.00
2 Impact to the Community
Continual upkeep of the sewer system ensures a secure and robust system, ultimately benefiting the community.
ATTACHMENTS
Attachment A — Detailed Bid Results_Award of Stowell Black Rd Waterline Attachment B — Agreement_Award of Stowell Black Rd Waterline 3 City of Santa Maria
Bid Results for Project STOWELL-BLACK RD WATER LINE EXTENSION PROJECT (2023-13) Issued on 08/24/2023
Bid Due on October 19, 2023 2:00 PM (PDT)
BID SCHEDULE
Bid Item
Description
Unit of
Measure
Quantity
Main Line Engineering
W. M. yles Co.
Specialty Construction, Inc.
V. Lopez Jr. & Sons G.E.C., Inc.
Raminha Construction, Inc.
Blois Construction, Inc.
Unit Cost
Cost
Unit Cost
Cost
Unit Cost
Cost
Unit Cost
Cost
Unit Cost
Cost
Unit Cost
Cost
1 MOBILIZATION
LS
1 $5,000.00
$5,000.00
$54,000.00
$54,000.00
$55,000.00
$55,000.00
$37,950.00
$37,950.00
$226,000.00
$226,000.00
$153,154.00
$153,154.00
2 TRAFFIC CONTROL SYSTEM
LS
1 $19,000.00
$19,000.00
$67,900.00
$67,900.00
$80,000.00
$80,000.00
$73,600.00
$73,600.00
$110,000.00
$110,000.00
$163,973.00
$163,973.00
3 STORMWATER PERMIT COMPLIANCE
LS
1 $4,000.00
$4,000.00
$5,400.00
$5,400.00
$11,000.00
$11,000.00
$5,000.00
$5,000.00
$30,000.00
$30,000.00
$7,163.00
$7,163.00
4 FIRE HYDRANT INSTALLATION (Std WA -19D)
EA
8 $8,500.00
$68,000.00
$14,500.00
$116,000.00
$11,500.00
$92,000.00
$13,635.00
$109,080.00
$12,500.00
$100,000.00
$13,380.00
$107,040.00
5 FIRE HYDRANT PROTECTION ASSEMBLY (Bollards, Std WA -20A) EA
34 $405.00
$13,770.00
$1,800.00
$61,200.00
$515.00
$17,510.00
$786.00
$26,724.00
$750.00
$25,500.00
$1,796.00
$61,064.00
6 CONNECTION TO THE EXISTING SYSTEM AT STA 20+00
LS
1 $6,000.00
$6,000.00
$4,900.00
$4,900.00
$6,800.00
$6,800.00
$1,879.00
$1,879.00
$15,000.00
$15,000.00
$16,088.00
$16,088.00
7 12" PLASTIC PIPE
LF
6670
$85.00
$566,950.00
$96.40
$642,988.00
$111.00
$740,370.00
$108.03
$720,560.10
$138.00
$920,460.00
$199.00
$1,327,330.00
8 12" GATE VALVE
EA
3 $7,500.00
$22,500.00
$6,200.00
$18,600.00
$4,900.00
$14,700.00
$5,371.00
$16,113.00
$7,000.00
$21,000.00
$5,948.00
$17,844.00
9 8" PLASTIC PIPE
LF
965
$45.00
$43,425.00
$83.00
$80,095.00
$82.00
$79,130.00
$82.75
$79,853.75
$120.00
$115,800.00
$185.00
$178,525.00
10 8" GATE VALVE
EA
2 $4,500.00
$9,000.00
$4,100.00
$8,200.00
$3,100.00
$6,200.00
$3,762.00
$7,524.00
$5,300.00
$10,600.00
$3,699.00
$7,398.00
11 2" COMBINATION AIR & VACUUM RELEASE VALVE (Including Enclosure) EA
4 $4,600.00
$18,400.00
$10,100.00
$40,400.00
$7,100.00
$28,400.00
$12,286.00
$49,144.00
$9,500.00
$38,000.00
$11,228.00
$44,912.00
12 6" PLASTIC PIPE
LF
115
$40.00
$4,600.00
$210.00
$24,150.00
$124.00
$14,260.00
$79.10
$9,096.50
$105.00
$12,075.00
$125.00
$14,375.00
13 6" GATE VALVE
EA
8 $6,500.00
$52,000.00
$4,000.00
$32,000.00
$2,200.00
$17,600.00
$3,156.00
$25,248.00
$3,250.00
$26,000.00
$2,523.00
$20,184.00
14 4" PLASTIC PIPE
LF
20 $80.00
$1,600.00
$191.00
$3,820.00
$205.00
$4,100.00
$159.00
$3,180.00
$100.00
$2,000.00
$123.00
$2,460.00
15 REPLACE 30" HDPE STORM DRAIN AND HEADWALLS
LS
1 $6,000.00
$6,000.00
$11,500.00
$11,500.00
$10,300.00
$10,300.00
$15,890.00
$15,890.00
$35,000.00
$35,000.00
$13,903.00
$13,903.00
16 RELOCATE LIGHT POLE IN FRONT OF WWP WELL
EA
1 $3,000.00
$3,000.00
$13,800.00
$13,800.00
$25,000.00
$25,000.00
$19,322.00
$19,322.00
$30,000.00
$30,000.00
$7,179.00
$7,179.00
17 4" SERVICE TIE IN (WWP WELL) ALLOWANCE
T&M
1 $25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
$25,000.00
18 WATER METER AND VAULT INSTALLATION
EA
1 $3,200.00
$3,200.00
$15,800.00
$15,800.00
$19,000.00
$19,000.00
$32,665.00
$32,665.00
$50,000.00
$50,000.00
$35,800.00
$35,800.00
19 8" FIRE SERVICE REDUCED PRESSURE DETECTOR ASSEMBLY (MODIFIED Std WA 27F) EA
1 $3,700.00
$3,700.00
$10,200.00
$10,200.00
$32,000.00
$32,000.00
$27,629.00
$27,629.00
$48,000.00
$48,000.00
$25,496.00
$25,496.00
20 TRENCH PATCH PAVING (Miscellaneous Area)
SQYD
28 $180.00
$5,040.00
$1,150.00
$32,200.00
$318.00
$8,904.00
$258.75
$7,245.00
$750.00
$21,000.00
$951.00
$26,628.00
21 RESTORE ROADSIDE DITCH
LF
5700
$1.15
$6,555.00
$4.40
$25,080.00
$4.10
$23,370.00
$5.75
$32,775.00
$5.00
$28,500.00
$18.00
$102,600.00
22 DELINEATOR CLASS 2 METAL POST (Type F)
EA
1 $200.00
$200.00
$700.00
$700.00
$1,500.00
$1,500.00
$575.00
$575.00
$300.00
$300.00
$736.00
$736.00
23 RECORD DRAWINGS
LS
1 $120.00
$120.00
$2,700.00
$2,700.00
$605.00
$605.00
$1,500.00
$1,500.00
$6,000.00
$6,000.00
$589.00
$589.00
Total
$887,060.00
$1,296,633.00
$1,312,749.00
$1,327,553.35
$1,896,235.00
$2,359,441.00
ATTACHMENT A
AGREEMENT
THIS AGREEMENT, made and entered into on this 19th day of December 2023, by and between Main Line Engineering, hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner." WITNESSETH:
That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:
1. That Contractor shall complete the work generally described as follows: Stowell -Black Road Waterline Extension Project (Bid No. 2023-13), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.
2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.
Total Bid of EIGHT -HUNDRED EIGHTY-SEVEN THOUSAND, AND SIXTY DOLLARS.
Contract Price in Figures $887,060.00
3. Contractor agrees to complete said work within the contract time of ninety (90) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.
4. Time is of the essence on this contract.
5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.
In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.
6. That, in accordance with Section 1774 of the California Labor Code, Contractor will
ATTACHMENT B
pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.
7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.
8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.
9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.
10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.
11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one -hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one -hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.
This contract shall not become effective until such bonds are supplied to and approved by Owner.
12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with
ATTACHMENT B
limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.
14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. 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.
15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)
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IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. 2023-xx of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.
CONTRACTOR: OWNER:
Airel Arroyo Alice Patino
Main Line Engineering Mayor
CEO
ATTEST:
Sarah Lansburgh
Chief Deputy City Clerk
APPROVED AS TO FORM:
Risk Manager
City Attorney
ATTACHMENT B
EXHIBIT "A"
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.
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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.
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 Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the
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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:
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.
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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.
ATTACHMENT B
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, AWARDING A BID TO MAIN LINE ENGINEERING, IN THE AMOUNT OF $887,060, FOR THE CONSTRUCTION OF THE STOWELL-BLACK ROAD WATERLINE EXTENSION PROJECT, BID NO. 2023-13.
WHEREAS, the City of Santa Maria formally advertised Stowell -Black Road Waterline Extension Project, Bid No. 2023-13 ("Project"); and WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened at 2:00 p.m. on October 19, 2023; and WHEREAS, Main Line Engineering, was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and WHEREAS, in May 2023, an Initial Environmental Study was completed and based on the information available at the time of preparation of the plans and specifications, the Environmental Officer recommended that a Mitigated Negative Declaration be filed for the Stowell -Black Road Waterline Extension Project based on information contained in File SP2023-0004.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with Main Line Engineering, Inc., for the Stowell -Black Road Waterline Extension Project, Bid No. 2023-13; and
2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and
3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: 002-011-080-52- 47, "Stowell to Black Rd — Potable Water line" for the approved project; and
4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and
5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th day of December 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
Interim City Manager
2 FOR THE COUNCIL MEETING OF DECEMBER 19, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: Chief Deputy City Clerk Sarah Lansburgh
SUBJECT: Annual Appointment of Mayor Pro Tem
Description:
The City Council will consider the annual appointment of a Mayor Pro Tem to serve for the next one-year period.
RECOMMENDATION:
Appoint a Council Member as the Mayor Pro Tem for the next one-year period, pursuant to Council practice.
BACKGROUND:
On December 21, 1999, the City Council considered and approved a change to the informal practice previously used to appoint the Mayor Pro Tem. The City Council modified the practice to allow the appointment to occur yearly instead of a term concurrent with the term of the Mayor.
The assignment of Mayor Pro Tem has been periodically rotated amongst Councilmembers on an annual basis each calendar year. Currently, there are no formal rules, policies, or procedures regarding how the Mayor Pro Tem is selected. The guidance currently adhered to comes from the California Government Code. Section 36801 of the California Government Code states, "The city council shall meet at the meeting at which the declaration of the election results for a general municipal election [...] following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore." The duties of the Mayor Pro Tem include acting on behalf of the Mayor in the Mayor's absence. Section 36802 of the California Government Code states, "The mayor shall preside at the meetings of the council. If s/he is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers of the duties of the mayor."
DISCUSSION:
On January 17, 2023, Mayor Patino nominated Councilmember Maribel Aguilera- Hernandez to serve as Mayor Pro Tem for the calendar year 2023. The Council approved Councilmember Aguilera-Hernandez's nomination at that time. Based on past Council practice, the Mayor shall consider nominating a Councilmember to serve as Mayor Pro
Tern for the calendar year 2024. A majority of the City Council will be required to approve the nomination and appointment.
ALTERNATIVES:
1) Approve and appoint the Mayor's nominee as the Mayor Pro Tern for the next one-year period; 2) Do not approve and appoint the Mayor's nominee and provide staff with direction to modify the appointment process; or 3) Provide staff direction. 2