1 August 2017
FIRST MODIFICATION OF DESIGN CONSULTANT PROFESSIONAL
SERVICES AGREEMENT NO. 9337 (CCS)
This First Modification of Agreement Number 9337 (CCS) (“First Modification”), entered into as of ______________, by and between the City of Santa Monica, a municipal corporation (“City”), and Willdan Engineering (“Willdan”) is made with reference to the following:
RECITALS
A. On or about July 5, 2011, the City and Willdan entered into Agreement Number 9337 (CCS) for design consultant professional services on the following Project:
SP2121 STREET LIGHTING DESIGN SERVICES.
B. The City and Willdan desire to modify the Original Agreement to clarify the agreement duration and project scope, and update consultant billing rates.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Article 2.1.3 of the Original Agreement entitled “Agreement Duration” shall be deleted in its entirety and replaced with the following paragraph:
Agreement Duration. This Agreement begins on the Execution Date and terminates on December 31, 2024 (“Expiration Date”), unless sooner terminated or extended in accordance with the provisions of the Agreement. In the event of delays in the performance of the services beyond the control of the Design Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement.”
2. Article 3.1 of the Original Agreement entitled “Additional Services” shall be modified by adding the following paragraph:
Willdan will perform all of the additional services described in Exhibit A-1, Additional Services. Willdan will complete the Additional Services in accordance with Exhibit B-1, Budget Modification 1 Additional Services.
3. Article 5.1.1 of the Original Agreement entitled “Design Consultant’s Fee” shall be modified by adding the following paragraph:
Design Consultant’s Fee. The City will compensate Willdan for the additional services described in Exhibit A-1 in an amount not to exceed DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 10/18/2021
2 August 2017
ONE HUNDRED SIXTY-THREE THOUSAND NINE HUNDRED
SEVENTY-NINE DOLLARS ($163,979), as set forth in Exhibit B-1, Budget Modification 1 Additional Services. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed FOUR HUNDRED TWENTY-NINE THOUSAND DOLLARS ($429,000).
4. Exhibit B-1, Budget Modification 1 Additional Services, and Exhibit A-1, Additional Services, are attached hereto and incorporated herein by this reference.
5. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
JOSEPH LAWRENCE
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
DAVID WHITE
City Manager
Willdan Engineering
________________________________
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 10/11/2021
President
10/13/2021
Vanessa Munoz
10/18/2021 10/25/2021
September 16, 2021
Mr. Robert Zak, P.E.
Civil Engineer
City of Santa Monica
Civil Engineering Division
1685 Main Street
Santa Monica, CA 90401
Via email to: [email protected]
Subject: Proposal to Provide Professional Engineering Design Services for the Conversion of Existing 5KV Series Circuit Street Lighting Systems on Various Streets to 120V Multiple Circuit Street Lighting Systems (Packages 4 & 5) and SCE Utility Coordination for Package 3
Dear Mr. Zak:
Willdan Engineering is pleased to submit this proposal to provide professional engineering design services for the conversion of existing 5KV series circuit street lighting systems on various streets to 120V multiple circuit street lighting systems. We understand City staff has identified thirteen (13) existing 5KV series circuits in the northwest part of the City to convert to 120V multiple circuit systems. These converted circuits will be combined to create Contract Packages 4 and 5 under the City’s multi-year street lighting conversion program. The conversion of the 5KV series circuits to 120V multiple circuits will require removal or abandonment of the existing 5KV infrastructure including wiring, conduit, pull boxes, services and luminaries; and the installation of new conduit, wiring, pull boxes, services and LED luminaries. The project limits of each Contract Package are listed below:
Contract Package 4
Circuit
Number Location Approx. Length (ft.)
23 22nd Street – Montana to Washington
21st Street – Montana to Idaho 3,184
45 Montana Ave – 12th Street to 17th Street 4,153
84 Montana Ave – 7
th Street to 12th Street 4,258
114 16th Street – Santa Monica to Colorado 1,718
9 Stanford Street – Montana to Washington 1,498
91 15th & 16th Streets – Wilshire to Arizona
Arizona Ave – 15thto 16th Ct. 2,409
Total 17,220
Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021
Contract Package 5
Circuit
Number Location Approx. Length (ft.)
4 25th Street – San Vicente to Montana 5,201
5 24th Street – San Vicente to Montana 5,309
6 23rd Street – San Vicente to Montana 5,550
21 18th & 19th Streets – San Vicente to Montana 11,362
8 22nd Street – San Vicente to Montana 5,470
11 21st Place – San Vicente to Montana 5,479
13 20th & 21st Streets – San Vicente to Montana 10,976
Total 49,347
Additionally, the City has requested Willdan to resume utility coordination with Southern California Edison (SCE) to finalize Package 3 service feed points. The design for Package 3 is complete pending final service maps from SCE.
We also understand that our existing Professional Services Agreement No. 9337 with the City for street lighting design services has a remaining budget of $163,979. In order to stay within the remaining budget, our scope of services will include SCE utility coordination for Package 3, complete PS&E design for Package 4, and preliminary design for Package 5. A separate proposal will be submitted to complete the final design of Package 5 and provide engineering support during construction for Packages 2, 3, 4, and 5.
The following is our scope of work, schedule and fee:
SCOPE OF WORK
SCE Utility Coordination for Package 3
1. Resume coordination of new service feed point locations with Southern California Edison (SCE) for Package 3 design. Once service locations have been established and confirmed with SCE and final design maps have been issued, that information will be incorporated into the final Package 3 street lighting plans.
Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021
Plans, Specifications, and Estimates (PS&E) for Package 4
1. Meet with the City staff to review specific street lighting design and construction requirements. Obtain record drawings of utility plans, roadway plans, and street lighting plans.
2. Conduct a field review of the entire project limits to verify the accuracy and completeness of existing street lighting data. Topographic features will also be noted which may affect the design of the lighting system. These features include catch basins, trees, utilities, existing streetlights, pull boxes, etc.
3. Mail notices to utility companies in accordance with City’s procedures. Documentation of contacts and responses will be copied to the City. Willdan Engineering will prepare utility notices and deliver them to the City for mailing under City letterhead. If so desired by the City, Willdan Engineering can transmit these notices under Willdan Engineering’s letterhead; however, the City shall be responsible for any fees assessed to Willdan Engineering by the utility companies. In either case, all responses, questions, and correspondence from the utility companies will be addressed to Willdan Engineering’s utility coordinator.
4. Coordinate new service point locations with Southern California Edison (SCE) for Package 4 design. Once service locations have been established and confirmed with SCE and final design maps have been issued, that information will be incorporated into the final Package 4 street lighting plans.
5. Prepare twelve (12) street lighting electrical design plans at 1”=40’ scale on AutoCAD 2018, stamped and signed by a Registered Engineer. The new street lighting will be designed as a 120V multiple circuit street lighting system. The final construction plans shall identify all work to be done, with clear call-outs, construction notes and general notes referencing materials, sizes, depths, distances, dimensions, quantities and manufacturer model numbers for the construction of a fully functional street lighting system consistent with best principles and practices. The construction plans shall include but not be limited to the following:
a. Title Sheet, including vicinity and location maps;
b. General and Construction Notes Sheet;
c. Symbols and Abbreviations Sheet (may be combined with other sheets); d. Electrical Plan Sheets; with load calculations and circuit diagrams where applicable.
We estimate that Package 4 will consist of 12 electrical plan sheets.
6. Provide technical specifications for the installation of the new 120V street lighting systems including conduits, wiring, pull boxes, foundations, luminaries, services, cabinets and other appurtenant components consistent with best practices for street lighting construction. The above technical specifications shall ONLY be required where they differ from the relevant standards and practices defined in the latest edition of the Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021
“Standard Plans for Public Works Construction” (GREENBOOK) and “Standard Plans for Public Works Construction”.
7. Prepare construction cost estimate for the street lighting design.
8. Submit 90% and 100% PS&E to the City for review and comments.
9. Upon receipt of final comments, make final revisions and submit final PS&E with the plans plotted on mylar for City advertisement and bidding.
Preliminary Design for Package 5
1. Meet with the City staff to review specific street lighting design and construction requirements. Obtain record drawings of utility plans, roadway plans, and street lighting plans.
2. Conduct a field review of the entire project limits to verify the accuracy and completeness of existing street lighting data. Topographic features will also be noted which may affect the design of the lighting system. These features include catch basins, trees, utilities, existing streetlights, pull boxes, etc.
3. Mail notices to utility companies in accordance with City’s procedures. Documentation of contacts and responses will be copied to the City. Willdan Engineering will prepare utility notices and deliver them to the City for mailing under City letterhead. If so desired by the City, Willdan Engineering can transmit these notices under Willdan Engineering’s letterhead; however, the City shall be responsible for any fees assessed to Willdan Engineering by the utility companies. In either case, all responses, questions, and correspondence from the utility companies will be addressed to Willdan Engineering’s utility coordinator.
4. Coordinate new service point locations with Southern California Edison (SCE) for Package 5 design. Once service locations have been established and confirmed with SCE and final design maps have been issued, that information will be incorporated into the final Package 5 street lighting plans.
5. Prepare preliminary design level street lighting electrical design plans at 1”=40’ scale on AutoCAD 2018. We estimate that Package 5 will consist of 20 street lighting plan sheets.
The new street lighting will be designed as a 120V multiple circuit street lighting system.
The preliminary construction plans shall depict all proposed work to be done, with general notes referencing materials, sizes, depths, distances, dimensions, quantities and manufacturer model numbers for the construction of a fully functional street lighting system consistent with best principles and practices. The construction plans shall include but not be limited to the following:
a. Title Sheet, including vicinity and location maps;
b. General and Construction Notes Sheet;
c. Symbols and Abbreviations Sheet (may be combined with other sheets); Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021
d. Electrical Plan Sheets; with load calculations and circuit diagrams where applicable.
We anticipate one submittal to the City as a progress/status and overall layout check.
Construction notes, call-outs, and details will be added during the final design phase of Package 5 (under a separate proposal) and included in the 90% PS&E submittal to the City for review.
6. Prepare preliminary construction cost estimate for the street lighting design.
FEE
We propose to provide the street lighting design services for a not-to-exceed fee of $163,979 based on the enclosed breakdown. This fee is based on our current 2021/2022 hourly rate schedule. Our original rate schedule that was included in Profession Services Agreement No. 9337 for street lighting design services is 10 years old.
SCHEDULE
Package 4 90% PS&E can be completed for review within 24 weeks from a Notice-to-Proceed.
Final Package 4 PS&E can be completed within 8 weeks of receipt of City comments. and Package 5 preliminary plans and estimate can be completed for review within 20 weeks from a Notice-to-Proceed.
Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hardcopy original to our office, or by scanning one signed original and returning it by e-mail.
Thank you for the opportunity to be of service to the City of Santa Monica. We recognize the importance of this project and are committed to realizing its timely and successful completion.
Should you have any questions regarding this proposal, please contact Ms. Vanessa Muñoz at (562) 368-4848 or Mr. Jeff Lau at (562) 364-8526.
Respectfully submitted, Approval and Authorization to Proceed By:
WILLDAN ENGINEERING CITY OF SANTA MONICA
Vanessa Muñoz, PE, TE, PTOE
President/Director of Engineering Signature
Date
Enclosure
910005/WW.00.60/P21-303R1_22400
Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 Exhibit B-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 ACU Holder Identifier : 7777777707070700077761616045571110776617006304557307553127673506210073641577147321120767150513067511207463140227265512070632265620277710755736703712267607744415716274570076727242035772000777777707000707007 7777777707070700073525677115456000723111506136102007022326253073111070232362431730000712223734216211107022236243063111070223362421621110712333634207310007033336243172111077756163351765540777777707000707007 Certificate No : 570084807911
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
11/02/2020
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Insurance Services West, Inc.
Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Travelers Property Cas Co of America 25674 INSURER B: Lexington Insurance Company 19437
INSURER C:
INSURER D:
INSURER E:
INSURER F:
FAX
(A/C. No.): (800) 363-0105
CONTACT
NAME:
Willdan Engineering
2401 East Katella Avenue
Suite 300
Anaheim CA 92806 USA
COVERAGES CERTIFICATE NUMBER: 570084807911 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
X
X
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$1,000,000
$15,000
$1,000,000
$2,000,000
$2,000,000
Employee Benefits Liability
Contractual Liability Included
A 6307J366586TIL20 11/09/2020 11/09/2021
PROJECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$1,000,000 A 11/09/2020 11/09/2021 COMBINED SINGLE LIMIT (Ea accident)
810-7N676545-20-43-G
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB
RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
A 11/09/2020 11/09/2021 PER STATUTE
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
UB0L6636782043G
028174912 11/09/2020 11/09/2021 Aggregate
SIR applies per policy terms & conditions Per Claim $1,000,000 B Archit&Eng Prof $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Street lighting design services (SP2121), PSA 9337 (CCS) City of Santa Monica, its officers, officials, employees, and volunteers are included as additional insured as respects to General and Auto Liability; Primary and Non-Contributing coverage, Waiver of Subrogation applies to GL & Auto Liability; and Waiver of subrogation for Work Comp is included in accordance with GL, AL and WC policy provisions. (INDUSTRY). General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors are included as respects to General Liability.
CERTIFICATE HOLDER CANCELLATION
City of Santa Monica AUTHORIZED REPRESENTATIVE
Allan - Dept. of Public Works
1437 4th Street #300
Santa Monica CA 90401 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
Policy Number: 630-7J366586-TIL-20
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Non-Owned Watercraft 75 Feet Long Or Less H. Blanket Additional Insured Governmental B. Who Is An Insured Unnamed Subsidiaries Entities Permits Or Authorizations Relating To Premises
C. Who Is An Insured Retired Partners, Members,
Directors And Employees
I. Blanket Additional Insured Governmental
Entities Permits Or Authorizations Relating To D. Who Is An Insured Employees And Volunteer Operations Workers Bodily Injury To Co-Employees, CoVolunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments Increased Limit E. Who Is An Insured Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition Limited Liability Companies Professional Liability
F. Blanket Additional Insured Controlling Interest M. Blanket Waiver Of Subrogation When Required G. Blanket Additional Insured Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability Railroads PROVISIONS uses or is responsible for the use of a
watercraft that you do not own that is: A. NON-OWNED WATERCRAFT 75 FEET LONG OR LESS (1) 75 feet long or less; and
1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION I B. WHO IS AN INSURED UNNAMED COVERAGES COVERAGE A BODILY SUBSIDIARIES
INJURY AND PROPERTY DAMAGE The following is added to SECTION II WHO IS LIABILITY: AN INSURED:
(2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if:
2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
POLICY NUMBER: 630-7J366586-TIL-20
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arising injury" or "property damage" that occurred, or out of providing or failing to provide first aid "personal and advertising injury" caused by an or "Good Samaritan services" by any of your offense committed: retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or "employees" providing or failing to provide b. After the date, if any, during the policy period first aid or "Good Samaritan services" during that you no longer maintain an ownership their work hours for you will be deemed to be
interest of more than 50% in such subsidiary. acting within the scope of their employment For purposes of Paragraph 1. of Section II Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as: (2) "Personal injury":
a. A limited liability company; (a) To you, to your current or retired b. An organization other than a partnership, partners or members (if you are a joint venture or limited liability company; or partnership or joint venture), to your c. A trust; current or retired members (if you are a
limited liability company), to your other as indicated in its name or the documents that current or retired directors or govern its structure. "employees" while in the course of his or C. WHO IS AN INSURED RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, or to your other "volunteer workers" The following is added to Paragraph 2. of while performing duties related to the SECTION II WHO IS AN INSURED: conduct of your business; Any person who is your retired partner, member, (b) To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or acts within the scope of their employment by you "volunteer worker" as a consequence of or while performing duties related to the conduct Paragraph (2)(a) above; of your business. However, no such retired (c) For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone insured for: else who must pay damages because of
the injury described in Paragraph (2)(a)
(1) "Bodily injury": or (b) above; or
(a) To you, to your current partners or
(d) Arising out of his or her providing or members (if you are a partnership or failing to provide professional health care
joint venture), to your current members
services. (if you are a limited liability company) or
to your current directors; (3) "Property damage" to property:
(b) To the spouse, child, parent, brother or (a) Owned, occupied or used by; or sister of that current partner, member or
(b) Rented to, in the care, custody or control director as a consequence of Paragraph of, or over which physical control is
(1)(a) above; being exercised for any purpose by; (c) For which there is any obligation to you, any of your retired partners, members share damages with or repay someone else who must pay damages because of or directors, your current or retired the injury described in Paragraph (1)(a) "employees" or "volunteer workers", any or (b) above; or current partner or member (if you are a partnership or joint venture), or any current (d) Arising out of his or her providing or failing to provide professional health care member (if you are a limited liability services. company) or current director.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
COMMERCIAL GENERAL LIABILITY
D. WHO IS AN INSURED EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS BODILY INJURY designated in the Declarations as:
TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company; The following is added to Paragraph 2.a.(1) of or SECTION II WHO IS AN INSURED:
c. A trust; Paragraphs (1)(a), (b) and (c) above do not as indicated in its name or the documents apply to "bodily injury" to a current or retired cothat govern its structure. "employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the Any person or organization that has financial conduct of your business. control of you is an insured with respect to E. WHO IS AN INSURED NEWLY ACQUIRED liability for "bodily injury", "property damage" OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of:
SECTION II WHO IS AN INSURED: a. Such financial control; or
3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more The insurance provided to such person or than 50%, will qualify as a Named Insured if organization does not apply to structural there is no other similar insurance available to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such a. Coverage under this provision is person or organization. afforded only:
2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTION II WHO IS AN INSURED: or form the organization or the end of the policy period, whichever is This paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED or MORTGAGEES, ASSIGNEES, SUCCESSORS
(2) Until the end of the policy period, OR RECEIVERS
when that date is later than 180 days The following is added to SECTION II WHO IS after you acquire or form such AN INSURED:
organization, if you report such
organization in writing to us within Any person or organization that is a mortgagee, 180 days after you acquire or form it; assignee, successor or receiver and that you have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this
injury" or "property damage" that Coverage Part is an insured, but only with occurred before you acquired or formed
respect to its liability as mortgagee, assignee,
the organization; and
successor or receiver for "bodily injury", "property
c. Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that:
offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section caused by an offense that is committed, II Who Is An Insured, each such
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations.
b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED use of the premises for which that GOVERNMENTAL ENTITIES PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II WHO IS this Coverage Part. AN INSURED:
The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such operations. b. The insurance provided to such person or organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to:
that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the
DEFINITIONS Section: H. BLANKET ADDITIONAL INSURED
GOVERNMENTAL ENTITIES PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental medical services", first aid or "Good The following is added to SECTION II WHO IS Samaritan services" to a person, unless AN INSURED: you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II WHO IS building code or written contract or agreement to AN INSURED:
include as an additional insured on this Unless you are in the business or occupation Coverage Part is an insured, but only with of providing professional health care respect to liability for "bodily injury", "property services, Paragraphs (1)(a), (b), (c) and (d) damage" or "personal and advertising injury" above do not apply to "bodily injury" arising arising out of the existence, ownership, use, out of providing or failing to provide:
maintenance, repair, construction, erection or (a) "Incidental medical services" by any of removal of any of the following for which that your "employees" who is a nurse, governmental entity has issued such permit or nurse assistant, emergency medical authorization: advertising signs, awnings, technician, paramedic, athletic trainer, canopies, cellar entrances, coal holes, audiologist, dietician, nutritionist, driveways, manholes, marquees, hoist away
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph 2.a.(1) of Section II by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any
3. The following replaces the last sentence of one person, and will be the higher of:
Paragraph 5. of SECTION III LIMITS OF a. $10,000; or
INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense
applicable Each Occurrence Limit, all related
Limit. acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence".
Excess Insurance, of SECTION IV
4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I CONDITIONS:
COVERAGES COVERAGE A BODILY
This insurance is excess over any of the other
INJURY AND PROPERTY DAMAGE
insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT
5. The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of
furnishing of food or beverages; or
recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:
6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV occurs; or COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
POLICY NUMBER: 630-7J366586-TIL-20
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 21/22 – July 1, 2021 through June 30, 2022)
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $17.64 per hourfor certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.
An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.
The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered nonresponsive and excluded from further consideration.
Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.
Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.
Please direct any questions to:
City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2021 through June 30, 2022
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $17.64 per hour
Please read, complete, and sign the following:
THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE
THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) ________ contractor is a government agency and is exempt (b) ________ contractor is a City grantee and is exempt (c) ________ contractor is a non-profit corporation and is exempt (d) ________ contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) ________ contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO. Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.
These statements are made under penalty of perjury under the laws of the State of California.
Printed Name: _______________________________________Title: _______________________________ Signature: __________________________________________ Date: _______________________________ Contractor: ________________________________________ Bid Number (if applicable):_____________ Service Description:
_______________________________________________________________________________________ Equipping Projects _______________________________________________________________________________________ Construction Management and Inspection for Olympic Water Transmission Main and Olympic Well SP2608 & SP2639 Willdan Engineering 6/29/2021 Chris Baca, RCI, CESSWI Director, CM and Inspection X DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 SP2608 & SP2639 Olympic Water Transmission
Main and Olympic Well Equipping Projects
22 5. Appendix
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 SP2608 & SP2639 Olympic Water Transmission
Main and Olympic Well Equipping Projects
23 DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81