Staff Report — Simi Valley City Council, April 25, 2022

G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

CITY OF SIMI VALLEY

MEMORANDUM
Ap
ril 25, 2022
TO: B
oard of Directors, Ventura County Waterworks District No. 8 FR
OM: Department of Public Works
SUBJ
ECT: AWARD OF CONTRACTS FOR PROFESSIONAL SERVICES TO DESIGN

AND SUPPORT THE CONSTRUCTION OF VARIOUS WATERWORKS
PROJECTS, REQUEST FOR PROPOSALS NO. PW 22-02

STAFF RECOMMENDATION
It is r
ecommended that the Board of Directors:

1. Award the attached contract (page 5) to Kennedy/Jenks Consultants, Inc. for professional services to design and support the constr uction of various Wa terworks projects, for an amount not-to-exceed $500,000 for a five-year term; and

2. Award the attached contract (page 19) to Wood Rodgers, Inc. for professional services to design and support the construction of various Waterworks projects, for an amount not-to-exceed $500,000 for a five-year term.

BACKGROUND AND OVERVIEW
The Waterworks five-year capital improvement plan includes project s that will replace six water storage tank s, re novate 12 water storage tanks, and install emergency generators at seven sites. City staff will prepare the construction documents, however, structural engineering and elect rical engineering support from consultants will be needed to complete the drawings and review the construction.

Eac
h of these sites will need design and construction support services related to the concrete foundations, which will require soil and seismic investigations. In addition, each tank will need to be designed to meet current seismic engineering design standards. The electrical engineering support will be to design connections and modifications to provide electrical service to the water storage tanks, which utilize mixing equipment and electronic controls when the tanks are replaced or rehabilitated. In addition, design services will be needed to connect the emergency generators to the existing electrical service.

AGENDA ITEM NO.

Consent (7)
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FINDINGS AND ALTERNATIVES
On Februar
y 8, 2022, a Request For Proposals (RFP) was posted on the City’s website and emailed to four consulting firms to provide professional services to design and support the construction of various Waterworks project. Two proposals were received on March 18, 2022, Kennedy/Jenks Consultants, Inc. (Oxnard, CA), and Wood Rodgers, Inc. (Sacramento, CA). Staff evaluated the proposals and ranked them based on four criteria:
• Unders
tanding of RFP (10%)
• Team Qualifications (15%)
• Related experience in designing and supporting the construction of the replacement and repair of water storage tanks and emergency generator systems (40%) • Approach to performing this type of services (35%)

CONSULTANT RATING
Kennedy/Jenks Consultants, Inc., Oxnard, CA 98%
Wood Rodgers, Inc., Sacramento, CA 93%
Staff determined that both Kennedy/Jenks Consultants, Inc. and Wood Rodgers, Inc. are very qualified consultants based on the four criteria, and staff has previously worked with both consultants on several projects. Staff recommends awarding contracts to both consultants to ensure that the support is available when needed.

The attached contracts (pages 5 and 19) provide that Kennedy/Jenks, Inc. and Wood Rodgers, Inc. will perform services as authorized by the District on an as-needed basis and will submit invoices in accordance with the rates contained in their Schedule of Fees (Exhibit B, page 13 and 27). The FY 2021-22 District Budget contains sufficient funding for the design for the following proposed projects: emergency generators at the Walnut, Madera, and Mellow Lane tank sites; tank repairs at Hilltop, Stearns Tank No. 1, Flanagan, Marr Ranch Tank No. 1, and Walnut Tank No. 2; and replacement of Marr R anch Tan k No. 1 and Stearns Tank No. 2.

The following alternatives have been identified for the District Manager’s consideration:

1. Award the attached contract ( page 5) to Kennedy/Jenks Consultants, Inc. for professional services to des ign and support the construction of var ious Waterworks projects, for an amount not-t o-exceed $5 00,000 for a (5) five-year term; and

3. Do not award a contract at this time and provide staff further direction. 2 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT Staff recommends Alternatives No. 1 and 2.

SUGGESTED BOARD MOTION
I move t
o award contracts to both Kennedy/Jenks Consultants, Inc. and Wood Rodgers, Inc. for professional services to design and support the construction of various Waterworks projects, with a (5) five-year term for and a not -to-exceed an amount of $500,000 for each contract.

SUMMARY
Th
e Waterworks five- year capital improvement plan includes projects that will need structural engineering and electrical engineering support from consultants to complete the drawings and review the construction. Staff recommends awarding contracts to both Kennedy/Jenks Consultants, Inc. and Wood Rodgers, Inc. to ensure that the support is available when needed. The FY 2021-22 District Budget contains sufficient funding for the design of the following proposed projects: emergency generators at the Walnut, Madera, and Mellow Lane tank sites; tank repairs at Hilltop, Stearns Tank No. 1, Flanagan, Marr Ranch Tank No. 1, and Walnut Tank No. 2; and replacement of Marr Ranch Tank No. 1 and Stearns Tank No. 2.
______
____________________________
Ronald K. Fuchiwaki
Public Works Director
Pr
epared by: Jay Lukiewski, Senior Engineer
INDE
X Page
Atta
chment A – Location Map .......................................................... 4 Contract – Kennedy-Jenks ............................................................... 5 Contract – Wood Rogers, Inc. ........................................................ 19 3 ATTACHMENT A
4 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8
AND KENNEDY/JENKS CONSULTANTS, INC., TO

PROVIDE PROFESSIONAL SERVICES TO DESIGN AND

SUPPORT THE CONSTRUCTION OF VARIOUS
WATERWORKS PROJECTS, RFP NO. PW 22-02
T
HIS CONTRACT is made and entered into in the City of Simi Valley on this 25th day of April 2022, by and between the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a municipal corporation, hereinafter referred to as DISTRICT, and KENNEDY JENKS CONSULTANTS, INC., a California Corporation, hereinafter referred to as CONSULTANT.

RECITALS
W
HEREAS, on February 8, 202 2, DISTR ICT requested proposals to provide professional services to design and support the construction of various Waterworks projects, RFP NO. PW 2202; and
W
HEREAS, pursuant to such request, CONSULTANT submitted a proposal, which was accepted by DISTRICT for the services.

N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

AGREEMENT

1. R
ecitals. The foregoing recitals are true and correct and are a part of this CONTRACT.

2. Te
rm. The term of this CONTRACT shall be from the date this CONTRACT is made and entered as first written above through a five-year-term. Pricing adjustments will need to be submitted to the District for review and approval prior to the start of each contract year . It is understood that the CONSULTANT’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the DISTRICT ’S right to issue, and the CONSULTANT’S right to accept, additional Purchase Orders.

3. D
escription of Services . The services to be performed by CONSULTANT are as follows:

P
rofessional services to support the design and construction of waterworks projects. CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT 5 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT will meet with DISTRICT at least monthly to discuss the anticipated tasks planned for the month and to receive direction from DISTRICT regarding same.

4. C
ompensation and Payment.

A. T
he total compensation payable to CONSULTANT by
DISTRICT for services under this CONTRACT shall not exceed the sum of $500,000 (the “Not-To-Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein and subject to Section 2 above. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular amount of compensation or work under this CONTRACT.

B. A
fter CONSULTANT has performed the services as specified in this CONTRACT, DISTRICT shall be obligated to pay CONSULTANT based upon the actual DISTRICT-authorized services received by DISTRICT at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not-To-Exceed Amount unless otherwise agreed to by the parties in writing.

C. P
ayments to the CONSULTANT shall be made within 30 days
after receipt of an original invoice from the CONSULTANT and acceptance of the services by DISTRICT.

D. CO
NSULTANT shall provide DISTRICT with written
verification of the actual compensation earned, which written verification will be in a form satisfactory to DISTRICT. Invoices shall include the work performed including a list of hours worked by personnel.

5. C
ONSULTANT’s Representations and Obligations.

A. CO
NSULTANT shall perform as required by this CONTRACT.

CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

B. C
ONSULTANT shall obey all Federal, State, local, and
special district laws, ordinances, and regulations.

C. C
ONSULTANT agrees to abide by City of Simi Valley ’s
Business Tax Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.

D. C
ONSULTANT acknowledges DISTRICT may contract with
other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
6 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

6. Audit.

A. A
t any time during normal business hours and as often as the DISTRICT may deem necessary, C ONSULTANT shall make available to DISTRICT for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit DISTRICT to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least (2) years after termination or final payment under this CONTRACT.

B. D
ISTRICT shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to DISTRICT as a condition precedent to any payment to CONSULTANT. 7 . Hold Harmless and Indemnification . To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to DISTRICT, indemnify, and hold harmless the DISTRICT , its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, without limitation, injury to or death of an employee of CONSULTANT or its sub- consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, any sub-consultant, anyone directly or indirectly employed by them, or anyone that they control.

T
o the extent there is an obligation to indemnify under this Section of this CONTRACT; CONSULTANT shall be responsible for incidental and consequential damages resulting from CONSULTANT’S negligence, recklessness, or willful misconduct. The provisions of this Section survive completion of the services or the termination of this CONTRACT.

8. A
mendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the District Manager and CONSULTANT.

9. An
ti-Discrimination. In the performance of t he terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disabi lity, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 7 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

10. Termination. If, during the term of this CONTRACT, DISTRICT determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, DISTRICT may notify CONSULTANT in writing of such defect or failure to perform.

The notice must give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and DISTRICT may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, DISTRICT, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach, including liquidated damages, if so provided herein. The DISTRICT shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the Contract amount.
1 1. Delivery of Reports in Cases of Termination . If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the DISTRICT, the CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the DISTRICT all of its preparation and work on the project which were done to the date of the receipt of the notice of termination. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
1 2. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto. 1 3. Independent Contractor . It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.

CONSULTANT is not a n agent or employee of the DISTRICT and it is not entitled to participate in any pension plan, insurance or other benefits DISTRICT provides for its employees. CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed. Any provision of this CONTRACT that may appear to give DISTRICT the right to direct CONSULTANT as to the details of doing the work required herein, or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the DISTRICT as to the results of the work only. 1 4. Time of Performance. Time is of the essence in this CONTRACT. 8 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

15. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.

CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
1 6. Ownership of Reports and Data . The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the DISTRICT by any of the other party(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the DISTRICT.
1 7. Conflict of Interest . Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, DISTRICT may terminate the CONTRACT immediately for non-performance pursuant to Section 11 herein.

21. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of DISTRICT. In the event DISTRICT has not appropriated suff icient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
2 2. Taxpayer Identification Number . CONSULTANT shall provide DISTRICT with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service. 2 3. Permits and Licenses . CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
2 4. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
2 5. Statement of Experience . CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while DISTRICT or DISTRICT’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against DISTRICT or any of DISTRICT’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
2 6. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONT RACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:

DI
STRICT Ron Fuchiwaki, Director
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Michael Kang, Principal Engineer
(805) 583-68097
10 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT CONSULTANT Kennedy/Jenks Consultants, Inc.
2775 North Ventura Road, Suite 202
Oxnard, CA 93036
Staff Contact: Jeff Savard, PE
(805) 973-5719
I
N WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.

A
ttest: Ventura County Waterworks District No. 8,
A Municipal Corporation
B y:

Lucy Blanco, District Secretary Keith L. Mashburn, Chair of the Ventura County Waterworks District No. 8
A
pproved as to Form: Kennedy/Jenks Consultants, Inc.

B y:

David L. Caceres, District Counsel
T itle:

Approved as to Content: Print Name:

Brian Paul Gabler, District Manager By:

T itle:

Alison M. Phagan Print Name:

Deputy Administrative Services Director
(Support Services)
Ronald K. Fuchiwaki
Public Works Director
11 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT EXHIBIT “A”

SCOPE OF WORK

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8
AND KENNEDY/JENKS CONSULTANTS, INC. TO

PROVIDE PROFESSIONAL SERVICES TO DESIGN AND

SUPPORT THE CONSTRUCTION OF VARIOUS
WATERWORKS PROJECTS, RFP NO. PW 22-02
The following sections describe the scope of work to be performed by the Consultant. The Consultant is expected to provide professional services to perf orm the scope of work to support District Projects related to the design and construction of waterworks projects.

Design Duties Description
The Consultant, or its sub-consultant, may need to perform Project related investigations, site inspections, conduct and review geotechnical studies, draft technical memorandums, prepare construction drawings and engineering design, review, comment, and revise District prepared documents, provide opinion of probable costs, and other related documents.

Bidding/Competitive Process and Construction Submittal Review The Consultant, or its sub-consultant, will support District Staff with Project related bidding/competitive process and
construction submittal review. The Consultant may
require providing additional information and clarification by potential bidders. In addition, during construction, site visits , review and comment on construction methods, construction submittals, requests for information, and design clarification may be required.
12 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT EXHIBIT “B”

SCHEDULE OF FEES

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE VENTURA COUNTY WATERWORKS DISTRICT
NO. 8 AND KENNEDY/JENKS C ONSULTANTS, INC., TO

PROVIDE PROFESSIONAL SERVICES TO DESIGN AND

SUPPORT THE CONSTRUCTION OF VARIOUS
WATERWORKS PROJECTS, RFP NO. PW 22-02
13 Client/Address: Ventura County Waterworks District No. 8 2929 Tapo Canyon Road
Simi Valley, CA 93063
Contract/Proposal Date: March 18, 2022
Schedule of Charges January 1, 2020

PERSONNEL COMPENSATION
Classification Hourly Rate
Engineer-Scientist-Specialist 1 ............................................................................ $130 En
gineer-Scientist-Specialist 2 ............................................................................ $165 En
gineer-Scientist-Specialist 3 ............................................................................ $185 En
gineer-Scientist-Specialist 4 ............................................................................ $200 En
gineer-Scientist-Specialist 5 ............................................................................ $220 En
gineer-Scientist-Specialist 6 ............................................................................ $245 En
gineer-Scientist-Specialist 7 ............................................................................ $270 En
gineer-Scientist-Specialist 8 ............................................................................ $290 En
gineer-Scientist-Specialist 9 ............................................................................ $305 C
AD-Technician .................................................................................................. $120 Se
nior CAD-Technician ....................................................................................... $140 C
AD-Designer ..................................................................................................... $155 Se
nior CAD-Designer .......................................................................................... $175 Pro
ject Administrator ........................................................................................... $130 Administrative Assistant ...................................................................................... $110 Ai
de ....................................................................................................................... $85 Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as:
a.

Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work.
b.

Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d.

Project specific telecommunications and delivery charges. e.

Special fees, insurance, permits, and licenses applicable to the work. f.

Outside computer processing, computation, and proprietary programs purchased for the work.

Reimbursement for vehicles
used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate.

If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.

Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.

Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.

Excise and gross receipts taxes, if any, will be added as a direct expense.

The foregoing Schedule of Charges is incorporated into the agreement for the services provided through December 31, 2022. After December 31, 2022, invoices will reflect the Schedule of Charges currently in effect. 14 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT EXHIBIT “C”

INSURANCE REQUIREMENTS

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE VENTURA COUNTY WATERWORKS DISTRICT
NO. 8 AND KENNEDY/JENKS C ONSULTANTS, INC., TO

PROVIDE PROFESSIONAL SERVICES TO DESIGN AND

SUPPORT THE CONSTRUCTION OF VARIOUS
WATERWORKS PROJECTS, RFP NO. PW 22-02
Consultant shall procure and main tain for the duration of the c ontract insurance against claims for injuries to persons or damages to property which may a r i s e f r o m o r i n connection with the performanc e of the work hereunder by the Co nsultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Offic e Form CG 00 01 covering CGL on an “occurrence” basis, including products and c ompleted operations, property damage, bod ily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to th is project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insuranc e Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less t han $1,000,000 per accident for bod ily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily i njury or disease. Consultan t hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

4. Professional Liability (Error s and Omissions) Insurance appr opriate to the Consultant’s profession, wit h limits no less than $2,000,000 pe r occurrence or claim, and $2,000,000 policy aggregate.
15 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

5. Cyber Liability Insurance, with limits not less than $2,000, 000 per occurrence or claim, $2,000,000 aggregate. 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, tradema rk, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alterat ion of electronic information, extortion and network security. The policy shall p rovide 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.

If the Consultant maintains b roader coverage and/or higher limi ts than the minimums shown above, the District requi res and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available i nsurance proceeds in excess of the specified minimum limits of insurance and coverag e shall be available to the District.

Other Insurance Provisions - The insurance policies are to cont ain, or be endorsed to contain, the following provisions:

Additional Insured Status
The District, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect t o liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connec tion with such work or operations. General liability coverage can be provided in the form of an endorsement to the C onsultant’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 used).

Primary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the District, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its Boards, Offic ers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s i nsurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the District.

Waiver of Subrogation
Consultant hereby grants to District a waiver of any right to subrogation which any insurer of said Consultant may acquire against District by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the District has received a waiv er of subrogation endorsement from the insurer. The 16 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the District for all work performed by the Consultant, its empl oyees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the District. The District may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention . The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or District.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the District.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and
evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced wit h another claims- made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting peri od coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the District for review.

Verification of Coverage
Consultant
shall furnish the District with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to District before work begins. However, failure to obtain the required documents prior to the work begi nning shall not waive the Consultant’s obligation to provi de them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure tha t the District is an additional insured on insurance required from subcontractors. F or CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. 17 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT Special Risks or Circumstances
District reserves the right to modify these requirements, inclu ding limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 18 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE VENTURA COUNT Y WATERWORKS DISTRICT
NO. 8 AND WOOD RODGERS, INC., TO PROVIDE

PROFESSIONAL SERVICES TO DESIGN AND SUPPORT

THE CONSTRUCTION OF VARIOUS WATERWORKS
PROJECTS, RFP NO. PW 22-02
T
HIS CONTRACT is made and entered into in the City of Simi Valley on this 25th day of April 2022, by and between the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a municipal corporation, hereinafter referred to as DISTRICT, and WOOD RODGERS, INC., a California Corporation, hereinafter referred to as CONSULTANT.

N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

AGREEMENT

1. R
ecitals. The foregoing recitals are true and correct and are a part of this CONTRACT.

2. Te
rm. The term of this CONTRACT shall be from the date this CONTRACT is made and entered as first written above through a five-year-term. Pricing adjustments will need to be submitted to the District for review and approval prior to the start of each contract year . It is understood that the CONSULTANT’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the DISTRICT’S right to issue, and the CONSULTANT’S right to accept, additional Purchase Orders.

3. D
escription of Services . The services to be performed by CONSULTANT are as follows:

P
rofessional services to support the design and construction of waterworks projects. CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT 19 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT will meet with DISTRICT at least monthly to discuss the anticipated tasks planned for the month and to receive direction from DISTRICT regarding same.

4. C
ompensation and Payment.

A. T
he total compensation payable to CONSULTANT by
DISTRICT for services under this CONTRACT shall not exceed the sum of $500,000 (the “Not-To-Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein and subject to Section 2. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular amount of compensation or work under this CONTRACT.

C. P
ayments to the CONSULTANT shall be made within 30 days
after receipt of an original invoice from the CONSULTANT and acceptance of the services by DISTRICT.

5. C
ONSULTANT’s Representations and Obligations.

A. CO
NSULTANT shall perform as required by this CONTRACT.

B. C
ONSULTANT shall obey all Federal, State, local, and
special district laws, ordinances, and regulations.

C. C
ONSULTANT agrees to abide by City of Simi Valley ’s
Business Tax Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.

D. C
ONSULTANT acknowledges DISTRICT may contract with
other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
20 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

6. Audit.

A. A
t any time during normal business hours and as often as the DISTRICT may deem necessary, CONSULTANT shall make available to DISTRICT for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit DISTRICT to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least (2) years after termination or final payment under this CONTRACT.

7. H
old Harmless and Indemnification . To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to DISTRICT, indemnify, and hold harmless the DISTRICT , its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, without limitation, injury to or death of an employee of CONSULTANT or its sub- consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, any sub-consultant, anyone directly or indirectly employed by them, or anyone that they control.

The provisions of this Section are not limited by the provisions of this CONTRACT relating to insurance. The CONSULTANT shall thoroughly investigate any and all claims subject to the provisions of this Section, and indemnify the DISTRICT and do whatever is necessary to protect any and all Indemnitees.
8 . Amendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the District Manager and CONSULTANT.

9. An
ti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disa bility, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 1 0. Termination. If, during the term of this CONTRACT, DISTRICT determines that CONSULTANT is not faithfully abiding by any term or condition contained 21 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT herein, DISTRICT may notify CONSULTANT in writing of such defect or failure to perform.

CONSULTANT is not a n agent or employee of the DISTRICT and it is not entitled to participate in any pension plan, insurance or other benefits DISTRICT provides for its employees. CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed. Any provision of this CONTRACT that may appear to give DISTRICT the right to direct CONSULTANT as to the details of doing the work required herein, or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the DISTRICT as to the results of the work only. 1 4. Time of Performance. Time is of the essence in this CONTRACT. 1 5. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.

CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
22 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

16. Ownership of Reports and Data . The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the DISTRICT by any of the other party(ies) wi th whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the DISTRICT.
1 7. Conflict of Interest . Neither CONSULTANT nor an y employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, DISTRICT may terminate the CONTRACT immediately for non-performance pursuant to Section 11 herein.

I
n accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by DISTRICT, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered. 1 8. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void. 19 . Authority to Execute CONTRACT . Both DISTRICT and
CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
2 0. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles..
2 1. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of DISTRICT. In the event DISTRICT has not appropriated suff icient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
23 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT 2 2. Taxpayer Identification Number . CONSULTANT shall provide DISTRICT with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service. 2 3. Permits and Licenses . CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
2 4. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
2 5. Statement of Experience . CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while DISTRICT or DISTRICT’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against DISTRICT or any of DISTRICT’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
2 6. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CO NTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:

DI
STRICT Ron Fuchiwaki, Director
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Michael Kang, Principal Engineer
(805) 583-68097
24 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT CO
NSULTANT Wood Rodgers, Inc.
3301 C. Street, Bld. 100B
Sacramento, CA 95816
Staff Contact: Kevin Gustouf, PE
(916) 341-7760
I
N WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.

A
ttest: Ventura County Waterworks District No. 8,
A Municipal Corporation
B y:

Lucy Blanco, District Secretary Keith L. Mashburn, Chair of the Ventura County Waterworks District No. 8
A
pproved as to Form: Wood Rodgers, Inc.

B y:

David L. Caceres, District Counsel
T itle:

Approved as to Content: Print Name:

Brian Paul Gabler, District Manager By:

T itle:

Alison M. Phagan Print Name:

Deputy Administrative Services Director
(Support Services)
Ronald K. Fuchiwaki
Public Works Director
25 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT EXHIBIT “A”

SCOPE OF WORK

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE V ENTURA COUNTY WATERWORKS DISTRICT NO.
8 AND WOOD RODGERS, INC. TO PROVIDE

PROFESSIONAL SERVICES TO DESIGN AND

SUPPORT

THE CONSTRUCTION OF VARIOUS
WATERWORKS PROJECTS, RFP NO. PW 22-02
The following sections describe the scope of work to be performed by the Consultant. The Consultant is expected to provide professional services to perf orm the scope of work to support District Projects related to the design and construction of waterworks projects.

Bidding/Competitive Process and Construction Submittal Review The Consultant, or its sub-consultant, will support District Staff with Project related bidding/competitive process and
construction submittal review. The Consultant may
require providing additional information and clarification by potential bidders. In addition, during construction, site visits , review and comment on constructi on methods, construction submittals, requests for information, and design clarification may be required.
26 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT EXHIBIT “B”
SCH

EDULE OF FEES
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE VENTURA COUNTY WATERWORKS DISTRICT
NO. 8 AND WOOD RODGERS, INC., TO P ROVIDE

PROFESSIONAL SERVICES TO DESIGN AND SUPPORT

THE CONSTRUCTION OF VARIOUS WATERWORKS
PROJECTS, RFP NO. PW 22-02
27 EXHIBIT “B”

SAN DIEGO FEE SCHEDULE
Effective January 1, 2022

CLASSIFICATION STANDARD RATE
Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II $270 Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* I $240 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II $225 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* I $215 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* II $205 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* I $190 Engineer/Geologist/Surveyor/Planner/GIS/LA* II $180
Engineer/Geologist/Surveyor/Planner/GIS/LA* I $170
Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA* $140 Designer $90
Senior CAD Technician/Graphics Designer II $170
Senior CAD Technician/Graphics Designer I $155
CAD Technician/Graphics Designer $140
Project Coordinator $150
Administrative Assistant $130
Consultants, Outside Services, Materials & Direct Charges Cost Plus 10% Overtime Work, Expert Witness Testimony and Preparation Rate Plus 50% *
LA = Landscape Architect
Blueprints, reproductions, and outside graphic services will be charged at vendor invoice. Auto mileage will be charged at the IRS standard rate, currently 58.5 cents per mile.

Fee Schedule subject to change January 1, 2023.
28 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT EXHIBIT “C”
I

NSURANCE REQUIREMENTS
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE VENTURA COUNTY WATERWORKS DISTRICT
NO. 8 AND WOOD RODGERS, INC., TO PROVIDE

PROFESSIONAL SERVICES TO DESIGN AND SUPPORT

THE CONSTRUCTION OF VARIOUS WATERWORKS
PROJECTS, RFP NO. PW 22-02
C
onsultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

M
inimum Scope and Limit of Insurance
C
overage shall be at least as broad as:

1. C
ommercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, 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. A
utomobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
29 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT

5. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. 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.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.

Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:

A
dditional Insured Status
The District, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

P
rimary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the District, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self -insurance maintained by the District , its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

N
otice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the District.

W
aiver of Subrogation
Consultant hereby grants to District a waiver of any right to subrogation which any insurer of said Consultant may acquire against District by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. The 30 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the District for all work performed by the Consultant, its employees, agents and subcontractors.

Se
lf-Insured Retentions
Self-insured retentions must be declared to and approved by the District. The District may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or District.

A
cceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the District.

Cla
ims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The R
etroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. 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, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the District for review.

Verification of Coverage
Consultant shall furnish the District with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to District before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

S
ubcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the District is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. 31 G:\PW\SanWaterEng\Water\Projects\PW2202_TankReplacement_Design\STAFF REPORT Special Risks or Circumstances
District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 32

Simi Valley City CouncilApril 25, 2022

Simi Valley City Council
April 25, 2022