HomeMy WebLinkAboutStaff Report 3.D 10/03/2016Agenda Item #3.D
DATE: October 3, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan01mmer,
a — Director, Public Works and Utilities
Larry P.E. — Deputy Director, Public Works and Utilities
SUBJECT: Resolution Authorizing Execution of the First Amended Agreement with the
Sonoma County Water Agency for the Petaluma River Stream Gauge Installation
Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing Execution of
the First Amended Agreement with the Sonoma County Water Agency for the Petaluma River
Stream Gauge Installation Project.
BACKGROUND
In cooperation with the Sonoma County Water Agency (SCWA), and the United States
Geological Service, the City maintains and operates a series of stream level gauges as part of the
regional Flood Alert System. These gauges send water level and precipitation data to the web
based computer system to allow public safety managers to monitor potential flooding in real time
during storm events. The City, as a member of the North Bay Watershed Association (NBWA),
works collaboratively with regional agencies on water resources projects. The NBWA applied
for California Department of Water Resources State Flood Emergency Response Projects grant
funding in early 2015, and was notified on October 2, 2015 that it was awarded $520,102, of
which $85,180 was specifically designated to the City for the subject project. The Marin Flood
Control and Water Conservation District (MFCWCD) is administering the grant with the City of
Petaluma, SCWA, and the Napa County Flood Control and Water Conservation District
participating as partners. On September 19, 2016, City Council authorized a sub -grantee
agreement with MFCWCD for the Flood Emergency Response Projects — Statewide Grant
Round 2 in the amount $85,180. In addition, the Sonoma County Water Agency Zone 2A
Committee has approved the additional work and recommended additional Zone 2A funds to be
used as the local grant match, which requires an amendment to the current agreement with
SCWA for the subject project.
The City project, as approved in the FY 16/17 budget, will upgrade all 26 existing City owned
stream and precipitation gauges from Alert to Alert2 communication capabilities. Alert2
technology differs from Alert in that it is faster, carries more information, and operates nearly
error free. The project will include receivers, decoders, two new base stations, solar panels, 18 -
hour batteries, and staff training on the system upgrade. In addition, funding also covers updating
of the City Flood Safety Plan. The Alert2 upgrade will enhance reliability of real time conditions
during flood events, better serving the Emergency Operation Center decision -makers for flood
responses such as closure of streets and evacuation of neighborhoods. The Alert2 upgrade is
being implemented by agencies statewide.
The proposed action meets Council Goals: "Maintain a Safe Petaluma" and "Plan for and
implement priority capital projects as funding permits."
DISCUSSION
The City has a funding agreement with SCWA to purchase and install ten stream level and
precipitation gauges. The amendment to the agreement will expand the scope of work to include
matching funds to the Department of Water Resources grant to which Petaluma is a sub -
recipient. The increase in SCWA funding is $35,600. This plus the approximate $17,400
remaining funds from a prior project totals the $53,000 shown as SCWA funding for the Alert 2
project. The funds will be used to upgrade all 26 existing City owned gauges from Alert to Alert
2 as well as the Flood Safety Plan Update.
The City will purchase and install the equipment needed to upgrade the existing 26 gauges. In
coordination with the City Fire Department and City Engineer, the Flood Safety Plan will be
updated to meet the State's requirements. All project related work and staff training is
anticipated to be completed by July 2018, which is sooner than the state grant funding
requirement of June 30, 2019. The project has been found to be Categorically Exempt from the
California Environmental Quality Act pursuant to Section 15301(f), addition of safety or health
protection devices for existing facilities.
FINANCIAL IMPACTS
The project is funded by the State Department of Water Resources through the MFCWCD sub-
grantee agreement, the City's Stormwater Impact Fees, and SCWA under a proposed First
Amended Agreement. The following table shows a breakdown of the current project estimate
and the approved project budget for FY 16-17:
2
Uses
urren
Project
Estimate''
FY 16-17
Budget x
Project Administration
$
6,000
$
6,000
ALERT2 Upgrade Equipment Purchase
$
112,180
$
112,180
Equipment Installation/Training
$
15,000
$
15,000
Flood Safety Plan
$
15,000
CIP Overhead
$
3,000
$
3,000
TOTAL
$
151,180
$
136,180
Funding Sources
City Storm Drainage Impact Fees
(Overhead)
$
13,000
$
13,000
SCWA Zone 2A
$
53,000
$
53,000
State DWR Grant
$
85,180
$
70,180
TOTAL
$
151,180
$
136,180
*FY 16/17 Budget includes $17,400 of unspent funds from FY 15/16, which will be added to
current FY as part of the first quarter budget adjustments.
The original funding agreement amount with SCWA was for $174,200 with approximately
$17,400 remaining from FY 15/16. The new agreement total will be $209,800, which will be
sufficient to match funds for the current phase of work. Upon approval, the FY 16/17 CIP budget
will be adjusted to match the grant -funded project as presented herein during the City's first
quarter budget adjustments.
ATTACHMENTS
1. Resolution
2. Flood Emergency Response Projects Sub -Grantee Agreement by and between the
Marin County Flood Control and Water Conservation District and the City of Petaluma,
for the project entitled: City of Petaluma Projects
3. Agreement for Funding of Petaluma River Stream Gauge Installation Project
4. Draft First Amended Agreement for Funding of Petaluma River Stream Gauge
Installation Project
3
Attachment 1
RESOLUTION AUTHORIZING EXECUTION OF THE FIRST AMENDED
AGREEMENT WITH THE SONOMA COUNTY WATER AGENCY FOR THE
PETALUMA RIVER STREAM GAUGE INSTALLATION PROJECT
WHEREAS, the City of Petaluma maintains and operates a series of stream level and
precipitation gauges as part of the regional Flood Alert System and Petaluma Watershed; and
WHEREAS, the Alert 2 project is partially funded by the State Department of Water
Resources State Flood Emergency Response Projects grant program and local storm drainage
impact fees; and
WHEREAS, the City of Petaluma property owners contribute to the Sonoma County
Water Agency (SCWA) Zone 2A funding for flood control and maintenance, including capital
improvements, within the Petaluma Watershed; and,
WHEREAS, the City of Petaluma has a SCWA Zone 2A funding agreement for the
Petaluma River Stream Gauge Installation Project; and
WHEREAS, the SCWA Zone 2A Committee has recommended approval of additional
Zone 2A funds in the amount of $35,600 with the intent to upgrade City flood gauges from Alert
to Alert2; and
WHEREAS, the City has approved a capital improvement project with a multiyear
budget of $151,180 for the completion of the Alert2 Stream and Precipitation Gauge Upgrade
Project; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act pursuant to Section 15301(f) addition of safety or health protection
devices for existing facilities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute an agreement for funding the Project
with the Sonoma County Water Agency in accordance with the agreement entitled `Draft First
Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project,' which
draft agreement is incorporated into this resolution by reference, subject to further negotiation
and revision as may be recommended by the City Attorney and approved by the City Manager in
the amount of $35,600.
Attachment 2
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT
BY AND BETWEEN
MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND CITY OF PETALUMA
FOR THE PROJECT ENTITLED: CITY OF PETALUMA PROJECTS
This Agreement, entered into this day of , 20_, by and between the
MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter referred
to as "MARIN," and CITY OF PETALUMA, hereinafter referred to as "SUB -GRANTEE," is made
upon the following considerations:
RECITALS
1. WHEREAS, MARIN has agreed to receive grant funding from the California Department
of Water Resources ("DWR") pursuant to the Flood Emergency Flood Response Projects
— Statewide Grant Round 2 Agreement No. , dated
("FERP Grant Agreement", Exhibit B)incorporated herein by reference; and
2. WHEREAS, SUB -GRANTEE is one of several parties intended to receive grant funding
from MARIN pursuant to said FERP Grant Agreement for work to be completed by SUB-
GRANTEE, as set forth in said FERP Grant Agreement; and
3. WHEREAS, such work to be completed by SUB -GRANTEE, and other specific information
pertaining to the Sonoma County Water Agency FERP Projects ("Project") is set forth in
the FERP Grant Agreement and the Work Plan, Schedule and Budget (Exhibit A),
incorporated herein by reference; and
4. WHEREAS, the parties acknowledge that MARIN intends to administer the distribution
of grant funds pursuant to the FERP Grant Agreement and SUB -GRANTEE intends to
complete its aspects of the Project, as set forth in the FERP Grant Agreement and the
Work Plan, Schedule and Budget , in a manner that will insure MARIN's compliance with
the FERP Grant Agreement; and
5. WHEREAS, MARIN is relying on SUB-GRANTEE's performance hereunder in order for
MARIN to comply with its obligations set forth in the FERP Grant Agreement; and
6. WHEREAS, the parties desire to set forth the terms and conditions under which SUB-
GRANTEE is to receive grant funds from MARIN.
E
AGREEMENT
1. RECITALS
1.1. The above recitals are true and correct.
2. LIST OF EXHIBITS
2.1. The following exhibits are attached hereto and incorporated herein:
a. Exhibit A: Work Plan, Schedule and Budget
b. Exhibit B: FERP Grant Agreement (with its own Exhibits A
E)
3. TERM OF AGREEMENT
3.1. This Agreement shall be effective upon full execution by both parties and shall
remain in full force and effect until August 12, 2019 or until all of the parties'
obligations hereunder are fully satisfied, whichever occurs earlier.
4. SUB -GRANTEE OBLIGATIONS
4.1. Scope of Work. SUB -GRANTEE shall perform all work pertaining to the
Project, and provide the documentation required of MARIN or other sub -
grantees, in a timely manner as set forth in the applicable provisions of
Standard Terms (Exhibits D to the FERP Grant Agreement with the State) ,
and the Work Plan, Schedule and Budget.
4.2. Provision of Requested Documentation and Project Access. To enable MARIN
to confirm SUB-GRANTEE's compliance with this Agreement, SUB -GRANTEE
shall provide MARIN with any requested documentation and access to any
work sites, or other areas associated with the Project.
5. MARIN OBLIGATIONS
5.1. Disbursement. Subject to receipt of grant funds from DWR, as a result of a
particular request for disbursement submitted by SUB -GRANTEE, and the
other terms and conditions set forth herein, MARIN shall remit to SUB-
GRANTEE such funds it receives from DWR. SUB -GRANTEE shall not be
entitled to disbursement of grant funds as set forth herein if MARIN does not
receive grant funds from DWR in connection with SUB-GRANTEE's request for
disbursement.
5.2. Remedies. In the event SUB -GRANTEE violates any provision of this
Agreement that could potentially result in a violation of the FERP Grant
Agreement, MARIN may take any and all appropriate measures to prevent any
such violation of the FERP Grant Agreement, or to mitigate any damages
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
MARIN could incur as a result thereof, including, but not limited to,
performing any work required of SUB -GRANTEE hereunder. SUB -GRANTEE
shall be liable for any costs incurred by MARIN in connection with any such
violation of this Agreement or the FERP Grant Agreement.
6. DISBURSEMENT OF GRANT FUNDS:
6.1. Disbursement Requests. SUB -GRANTEE hereby acknowledges that the Eligible
Project Costs related to the Project are limited to those set forth in the
applicable provisions of the Work Plan, Schedule and Budget and the FERP
Grant Agreement SUB -GRANTEE shall not request disbursement for any cost
until such cost has been incurred, and has been paid, or is due and payable, by
SUB -GRANTEE.
6.2. Matching Funds. SUB -GRANTEE hereby acknowledges that it is required to
obtain matching funds for the Project as set forth in the applicable provisions
of the FERP Grant Agreement Exhibit B.
6.3. Invoices. In order to receive disbursement of grant funds, SUB -GRANTEE shall
submit to MARIN invoices itemizing all work completed, and Eligible Project
Costs incurred, by SUB -GRANTEE. Invoices shall be in a format approved by,
and shall include backup documentation as specified by MARIN and the Marin
County Department of Finance. All invoices submitted by SUB -GRANTEE shall
be sent to MARIN at the following address:
MARIN: Roger Leventhal, P.E.
Marin County Flood Control & Water Conservation
Department of Public Works
3501 Civic Center Drive, Suite 304
San Rafael, CA 94903
Email: rleventhal@marincounty.org
6.4. Retention of Grant Funds. SUB -GRANTEE acknowledges that MARIN may
withhold the disbursement of any grant funds that may be necessary to satisfy
the retention requirements set forth in the applicable provisions of the FERP
Grant Agreement.
6.5. Conditions and Limitations. Notwithstanding any other provision of this
Agreement, no disbursement shall be required at any time or in any manner
which:
a. Violates, or conflicts with, the FERP Grant Agreement or
any local, state or federal laws, rules or regulations.
b. May require any rebates to the federal government
pursuant to any applicable local, state or federal laws or
regulations.
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
c. May result in the loss of tax-free status on state bonds
pursuant to any applicable local, state, or federal laws or
regulations.
6.6. Refunds. If MARIN is required to refund to DWR any disbursement made to
SUB -GRANTEE, due to a violation of the FERP Grant Agreement by SUB-
GRANTEE, SUB -GRANTEE shall refund to MARIN such disbursement amount
plus any interest or penalties required to be paid by MARIN to DWR in
connection with such refund.
7. INDEMNIFICATION
7.1. SUB -GRANTEE shall indemnify, defend, and hold harmless MARIN and its
members, elected and appointed officers, employees, and agents from and
against any and all liability resulting from SUB-GRANTEE's act(s) and/or
omission(s) arising from and/or relating to the Project.
7.2. MARIN shall indemnify, defend, and hold harmless SUB -GRANTEE and its
elected and appointed officers, employees, and agents from and against any
and all liability resulting from MARIN's act(s) and/or omission(s) arising from
and/or relating to the Project.
7.3. Without limiting the scope of subsections 7.1 or 7.2, such liability includes but
is not limited to the following: any funding disallowance; audits; demands;
claims; actions; liabilities; damages; fines; fees, costs, and expenses, including
auditor and/or expert witness fees.
8. TERMINATION
8.1. Breach of Contract. If, in the reasonable opinion of MARIN, SUB -GRANTEE
fails to adequately perform it obligations hereunder, within the time limits set
forth in the applicable provisions of the Work Plan, Schedule and Budget and
the FERP Grant Agreement , or otherwise fails to comply with any term or
condition of this Agreement, or violates any ordinance, regulation, or other
law applicable to its performance herein, MARIN may terminate this
Agreement immediately, upon notice.
8.2. Without Cause. This Agreement may be terminated by either party without
cause upon thirty (30) days advance written notice. Such notice shall state
the effective date of the termination.
8.3. Insufficient Funding. MARIN's obligations under this Agreement are
contingent upon the availability of local, state, and/or federal funds. In the
event such funding is terminated, MARIN shall, at its sole discretion,
determine whether this Agreement shall be terminated. MARIN shall provide
SUB -GRANTEE seven (7) days advance written notice of its intent to terminate
this Agreement due to insufficient funding.
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
8.4. Compensation. In the event of any termination of this Agreement, SUB-
GRANTEE shall be entitled to compensation for uncompensated Eligible
Project Costs incurred hereunder through and including the effective date of
such termination, unless such termination was made as a consequence of
breach of contract and termination rights exercised under 8.1. However, this
provision shall not limit or reduce any damages owing to MARIN resulting
from a breach of this Agreement by SUB -GRANTEE.
9. NOTICES AND ADMINISTRATIVE CONTACTS
9.1. All notices or notifications under this Agreement shall be in writing addressed
to the persons set forth in this section.
9.2. All notices or notifications to MARIN shall be sent to:
Roger Leventhal, P.E.
Marin County Flood Control & Water Conservation
Department of Public Works
3501 Civic Center Drive, Suite 304
San Rafael, CA 94903
Email: rleventhal@marinMARIN.org
9.3. All notices or notifications to SUB -GRANTEE shall be sent to:
Dan Herrera
City of Petaluma
202 N. McDowell Boulevard
Petaluma, CA 94954
Email: dherrera@ci.petaluma.ca.us
10. RECORD RETENTION AND INSPECTION:
10.1. Maintenance and Preservation of Records. SUB -GRANTEE agrees to timely
prepare accurate and complete performance records relating to the Project,
and to maintain and preserve said records for at least seven (7) years from the
expiration date of this Agreement, except that if any litigation, claim,
negotiation, audit or other action is pending, the records shall be retained
until completion and resolution of all issues arising therefrom.
10.2. Inspection of Records. SUB -GRANTEE hereby agrees to make all performance
records relating to the Project available during normal business hours to
inspection, audit, and reproduction by any duly authorized local, state, and/or
federal agencies. SUB -GRANTEE further agrees to allow interviews of any
persons who might reasonably have information related to such records by
any duly authorized local, state, and/or federal agencies. All examinations
and inspections conducted under this section shall be strictly confined to
those matters connected with the performance of this Agreement.
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
11. MONITORING:
11.1. SUB -GRANTEE agrees that MARIN has the right to monitor all activities related
to this Agreement, including the right to review and monitor SUB-GRANTEE's
records, programs or procedures, at any time, as well as access any work sites,
or other areas associated with the Project, in order to ensure compliance with
the terms and conditions of this Agreement. However, MARIN is not
responsible, and will not be held accountable, for overseeing or evaluating the
adequacy of the results of work performed by SUB -GRANTEE.
12. CONFIDENTIAL INFORMATION:
12.1. In the performance of this Agreement, SUB -GRANTEE may receive
confidential information. SUB -GRANTEE hereby agrees to protect all such
confidential information in conformance with any and all applicable local,
state, and federal laws and regulations.
13. AMENDMENTS AND CHANGES
13.1. No addition to, or alteration of, the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto.
14. ASSIGNMENT AND DELEGATION
14.1. SUB -GRANTEE shall not delegate its duties or assign its rights, obligations, or
interests hereunder, either in whole or in part, without MARIN's prior written
consent. Any assignment in violation of this provision shall be void, and shall
be cause for immediate termination of this Agreement under 8.1. This
provision shall not be applicable to service agreements or other arrangements
usually or customarily entered into by SUB -GRANTEE to obtain supplies,
technical support or professional services.
15. VALIDITY AND SEVERABILITY
15.1. If any provision of this Agreement, or any portion thereof, is found by any
court of competent jurisdiction to be unenforceable or invalid for any reason,
such provision shall be severable and shall not in any way impair the
enforceability of any other provision of this Agreement.
16. NO WAIVER
16.1. No waiver by either party of any breach of any provision of this Agreement
shall constitute a waiver of any other breach. Either party's non -enforcement
at any time, or from time to time, of any provision of this Agreement shall not
be construed as a waiver thereof.
17. INSURANCE
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN 10
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
17.1 Without limiting SUB-GRANTEE's indemnification obligations provided for herein,
SUB -GRANTEE will maintain in full force and effect, at its own expense, any and
all appropriate comprehensive general liability insurance, comprehensive
automobile insurance, and workers' compensation policies:
Commercial General Liability:
SUB -GRANTEE shall maintain a commercial general liability insurance policy in
the amount of $1,000,000 ($2,000,000 aggregate). MARIN and the State of
California shall be named as an additional insured on the commercial general
liability policy.
Commercial Automobile Liability:
Where SUB-GRANTEE's performance under this Agreement involves or requires
the use of any type of vehicle by SUB -GRANTEE, SUB -GRANTEE shall provide
comprehensive business or commercial automobile liability coverage, including
non -owned and hired automobile liability, in the amount of $1,000,000.00.
Workers' Compensation:
SUB -GRANTEE acknowledges the State of California requires every employer to
be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of the Labor Code. If SUB -GRANTEE
has employees, a copy of the certificate evidencing such insurance, a letter of
self-insurance, or a copy of the Certificate of Consent to Self -Insure shall be
provided to MARIN prior to commencement of work.
18. RELATIONSHIP OF PARTIES:
18.1. It is understood that this Agreement is not intended to, and shall not be
construed to, create the relationship of agent, servant, employee,
partnership, joint venture, or any other similar association.
19. WARRANTIES AND REPRESENTATIONS:
19.1. SUB -GRANTEE hereby makes all of the warranties, representations,
covenants, and certifications that are otherwise made by MARIN, with respect
to the Project, as set forth in the applicable provisions of the FERP Grant
Agreement.
20. COMPLIANCE WITH LAWS; NON-DISCRIMINATION:
20.1. SUB -GRANTEE agrees to comply with all applicable local, state, and federal
laws and regulations, in performance of its obligations hereunder. SUB-
GRANTEE further agrees to comply with any and all applicable provisions of
the FERP Grant Agreement. In the event that any applicable law, regulation,
or contractual provision is amended during the term of this Agreement, the
parties agree to comply with the amended law, regulation, or contractual
provision as of the effective date of such amendment.
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN 11
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
20.2. During the performance of this Agreement, SUB -GRANTEE, it contractors, and
subcontractors shall not unlawfully discriminate, harass, or allow harassment
against any employee or applicant for employment because of sex, race,
color, ancestry, religious creed, national origin, physical disability (including
HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40),
marital status, and shall not illegally deny family care leave. SUB -GRANTEE
and its contractors and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free from
such discrimination and harassment. Grantee and subcontractors shall
comply with the provisions of the Fair Employment and Housing Act (Govt.
Code § 12990 (a -f) et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section 7285 et. seq.). The
applicable regulations of the Fair Employment and Housing Commission
implementing Government Code § 12990 (a -f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full.
21. PRIORITY OF DOCUMENTS
21.1. The provisions of the FERP Grant Agreement shall prevail over provisions of
this Agreement.
22. MAINTENANCE OF PROPERTY IMPROVED
22.1 Sub -grantee agrees to use, manage, and maintain the property developed,
rehabilitated, or restored with the grant funds provided in this Agreement
consistent with the purposes of the program and is required to continue in
perpetuity or until deemed no longer necessary by the State. Specific
maintenance activities are outlined in the Planned Maintenance Activities
(Exhibit E of the FERP Grant Agreement),. The Grantee or its successors may,
with the approval of the State, transfer this responsibility to use, manage, and
maintain the property as discussed in Standard Terms: Easements (Exhibit D
of the FERP Grant Agreement).. Such title transfer will occur in a way that
binds the new owner to the same obligations.
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN 12
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
IN WITNESS WHEREOF, MARIN and SUB -GRANTEE have duly executed this Agreement, or
caused it to be duly executed on its behalf.
City of Petaluma
By:
City Manager
Attest:
By:
City Clerk
Approved as to form by
By:
City Attorney,
Approved
By:
Department Director
Approved
By:
Risk Manager
Approved
By:
Finance Director
Approved as to form by MARIN:
Bv:
Ed Kiernan,
Deputy County Counsel
Marin County Flood Control and Water
Conservation District
By:
Raul Rojas, Director of Public Works,
Date:
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN 13
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
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Exhibit B
FERP Grant Agreement with Exhibits A - E
FLOOD EMERGENCY RESPONSE PROJECTS SUB -GRANTEE AGREEMENT BY AND BETWEEN MARIN COUNTY FLOOD B-20
CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA
Imc:\\fileserver\data\techw\agreements\1314-016.docx version: 3/4/20143:3890 PM
Attachment 3
TW 13/14-016
"Working Today for Water Tomorrow"
The Sonoma County Water Agency's Integrated Management Policy for ISO 9001 and 14001 states that we are committed to always
improving, achieving customer satisfaction, total regulatory compliance, environmental stewardship, and resource management.
AGREEMENT FOR
FUNDING OF PETALUMA RIVER STREAM GAUGE INSTALLATION PROJECT
This Agreement ("Agreement") is between the Sonoma County Water Agency, a body
corporate and politic of the State of California ("Water Agency'), and City of Petaluma ("City").
RECITALS
A. The Petaluma River Stream Gauge Installation Project ("Project") consists of installation of ten
gauges to measure and record stream depth and precipitation, and appurtenances. Project is
located in Petaluma River watershed within the city limits of Petaluma, or in the unincorporated
area of Sonoma County.
B. City and Water Agency have evaluated storm flows and rainfall intensities which occur within the
Petaluma Watershed. Water Agency's Zone 2A Advisory Committee recommends that the Project
be undertaken and expedited to assist in the collection of rainfall and storm flow data. to provide
statistical data in providing flood management recommendations and responses within the
Watershed.
C. Estimated Project costs are shown on Attachment B. Attachment B is an integral part of this
Agreement. City is requesting $174,200 from Water Agency's Zone 2A fund for the design and
construction of the Project during the 2013-14 construction season.
D. City owns or will acquire, and is willing to retain ownership of, any property or easements wherein
said Project will be constructed and is willing to operate and maintain said Project in accordance
with this Agreement.
E. Water Agency and City do mutually desire to cooperate in the design and construction and
financing of said Project.
F. City wishes to expedite design and construction of said Project.
G. City will provide public online access to the data collected from the gauges installed under this
Agreement.
H. City has prepared all appropriate environmental documents for the Project under the California
Environmental Quality Act (CEQA). Notice of Exemption Pursuant to Section 15303, Construction
of Small Structures ("installation of small new equipment and facilities in small structures") was
filed on December 2013.
I. Cityhas determined the locations of proposed stream and precipitation gauges, obtained a
quotation for the purchase of gauges, and begun solicitation of bids for installation of gauges.
AGREEMENT
City and Water Agency agree as follows:
Agreement for Funding of Petaluma River Stream Gauge Installation Project
1. RECITALS
1.1. The above recitals are true and correct.
2. COORDINATION
2.1. City shall coordinate the work with Water Agency's Project Manager. Contact
information:
Water Agency
Cit
Project Manager: Susan Ha don
Contact: Pamela Tuft
404 Aviation Boulevard
202 North McDowell Ave.
Santa Rosa, CA 95403-9019
Petaluma, CA 94954
Phone: 707-547-1937
Phone: 707-778-4514
Email: Susan.Haydon@scwa.ca.gov
Email: tuftQci. etaluma.ca.us.
3. CITY`S RESPONSIBILITIES
City shall complete the following at its cost and expense, except to the extent of Water Agency
funding provided for in Sections 4 and 5 below.
3.1. General: City agrees to perform all work in accordance with the requirements of
applicable federal, state, and local laws.
3.2. Environmental Documentation: City shall be the Lead Agency for the Project under the
requirements of the California Environmental Quality Act (CEQA) and shall prepare all
appropriate environmental documents. City shall provide a copy of the Notice of
Exemption to Water Agency during public review process and a final copy within 30
calendar days of the filing of the document.
3.3. Permits: City shall obtain any permits that may be necessary from utilities or regulatory
agencies for construction of the Project.
3.4. Ri hg t -o£ -Way: City shall acquire any and all additional land or easements as necessary
for the construction of the Project..
3.5. Design and Surveying: City shall design the Project including all design surveying and
construction staking.
3.6. Insurance Requirements and Indemnification Obligations:
A. Insurance Requirements:
a) City shall maintain and shall require all of its contractors, consultants, and
other agents to maintain, insurance as described in Attachment A. Evidence
of insurance shall be submitted as specified in Attachment A.
B. Indemnification Obligation of City:
a) City agrees to indemnify, hold harmless, and release Water Agency, its
officers, agents, and employees, from and against any actions, claims,
damages, liabilities, disabilities, or expenses, that may be asserted by any
person or entity, including City, that arise out of, pertain to, or relate to City's
or its agents', employees', contractors', or subcontractors' performance or
obligations under this Agreement. City agrees to provide a complete defense
for any claim or action brought against Water Agency based upon a claim
relating to City's or its agents', employees', contractors', or subcontractors'
performance or obligations under this Agreement. City's obligations under
this Paragraph C apply whether or not there is concurrent negligence on the
part of Water Agency but, to the extent required by law, excluding liability
Agreement for Funding of Petaluma River Stream Gauge Installation Project
due to conduct of Water Agency. City shall provide legal counsel to defend
Water Agency as required by this provision, subject to Water Agency's ,
approval, which shall not be unreasonably withheld. This indemnification
obligation is not limited in any way by any limitation on the amount or type
of damages or compensation payable to or for City or its agents, employees,
contractors, subcontractors, or invitees under workers' compensation acts,
disability benefits acts, or other employee benefit acts.
C. Indemnification Obligation of City's Consultants and Contractors:
(1) City shall include the following language in its Consultant and
Contractor agreements issued pursuant to this Agreement:
a) Consultant/ Contractor agrees to accept all responsibility for loss or
damage to any person or entity, including the Sonoma County Water
Agency ("Water Agency") and the City, and to indemnify, hold
harmless, and release Water Agency and City, and each of their.
officers, agents, -and employees, from and against any actions, claims,
damages, liabilities, disabilities, or expenses, that may be asserted by
any person or entity, including Consultant/ Contractor, that arise out
of, pertain to, or relate to Consultant's/Contractor's or its agents',
employees', contractors', or subcontractors' performance or
obligations under this Agreement. Consultant/ Contractor agrees to
provide a complete defense for any claim or action brought against
Water Agency and/or the City -based upon a claim relating to
Consultant's/Contractor's or its agents',. employees', contractors', or
subcontractors' performance or obligations under this Agreement.
Consultant's/ Contractor's obligations under this Paragraph C apply
whether or not there is concurrent negligence on the part of Water
Agency and/or the City, but, to the extent required by law, excluding
liability due to conduct of Water Agency and/or the City.
Consultant/ Contractor shall provide legal counsel to defend Water
Agency and the City as required by this provision, subject to Water
Agency's and City's approval, -which shall not be unreasonably
withheld. This indemnification obligation is not limited in any way
by any limitation on the amount or type of damages or compensation
payable to or for Consultant/ Contractor or its agents, employees,
contractors, subcontractors, or invitees under workers' compensation
acts, disability benefits acts, or other employee benefit acts.
D. Documentation: City shall provide evidence of such insurance and
indemnification to Water Agency in a form satisfactory to Water Agency,
3.7. Title: All title to all Project facilities constructed pursuant to this Agreement shall vest
with City.
3.8. Installation, Operation, and Maintenance: City shall complete Project, accept ownership,
and shall operate and maintain Project in for a period of twenty (20) years. For good
cause, City may elect to cease operation and maintenance of a particular "gauge" prior
to the expiration of 20 years, subject to City's receipt of Water Agency's written consent.
3.9. Records: City shall maintain complete and accurate records of all transactions in
compliance with generally accepted accounting principles for enterprise accounting as
promulgated by the American Institute of Certified Public Accountants and the
Agreement for Funding of Petaluma River -Stream Gauge Installation Project
Governmental Accounting Standards Board. Such records shall be available to Water
Agency at all reasonable times for inspection and analysis.
3.10. Statement of Costs: Within 60 days of completion of Project, or within 60 days of
decision to not proceed with the Project, City shall submit to Water Agency a statement
of complete accounting of City's Project costs.
3.11. Invoices: Cdy shall invoice Water Agency for costs authorized under this Agreement.
Invoices submitted to Water Agency by City shall be clearly marked with "City of
Petaluma, Funding of Petaluma River Stream Gauge Installation Project, Project/Task
No. 7698-A2 and Account No. 673301- 6570."
3.12. Report: Prepare a report that includes the following:
A. Contents:
L Table of Contents
ii. A detailed description of the work performed, including date(s) of
installation and activation
iii. A map of gauge locations
iv. Other information as requested
B. First Draft: Prepare the report in draft form and submit to Water Agency for
review and approval within 60 calendar days of completion of the Project. Water
Agency will return 1 copy of the draft report to the City with comments or
approval in writing.
C. Subsequent Draft(s): If Water Agency requests revisions, revise the draft report
and resubmit 1 copy of the report for Water Agency approval.
D. Final report: Submit the final approved report to Water Agency within 30
calendar days of Water Agency approval.
4. WATER AGENCY'S RESPONSIBILITIES
4.1. Initial Payment: Upon receipt of an invoice, Water Agency will deposit with City
$56,000, which is to finance Project's costs for purchase of ten stream gauges.
4.2. Subsequent Payment: Upon selection of a qualified contractor, receipt of an invoice
thereof, and receipt of evidence of insurance and indemnification required in paragraph
3.6, Water Agency will deposit with City $118,200, which is to finance the remaining
share of Project's costs.
5. ADDITIONAL REQUIREMENTS
5.1. Excess Costs: If the Project costs exceed the total amount authorized under this
Agreement, City shall:
A. fund Project costs in excess of the authorized amounts without additional
contribution from Water Agency; or
B. request additional funding from Water Agency. In such event, City shall submit
a revised Project cost estimate to Water Agency's General Manager with a
written request, including reasons for cost overruns.
Water Agency is under no obligation to approve such requests. If Water Agency's
General Manager determines that the revised costs are reasonable and that additional
funds are available in Water Agency's Zone 2A accounts, Water Agency may, in its
discretion, amend this Agreement to increase Water Agency's contribution to Project
Agreement for Funding of Petaluma River Stream Gauge Installation Project
pursuant to paragraph 5.2 below. If Water Agency's General Manager does not so
determine, City shall proceed pursuant to paragraph A above.
5.2. Authority to Amend Agreement: Changes to the Agreement may be authorized only by
written amendment to this Agreement, signed by both parties. Minor changes, which
do not increase the amount paid under the Agreement, and which do not significantly
change the scope of the agreement or significantly lengthen time schedules may be
executed by the Water Agency's General Manager in a form approved by County
Counsel and by the City Manager on behalf of the City.
-5.3. Refund of Remaining Funds: If the Project cost accounting statement submitted under
paragraph 3.10 of this Agreement demonstrates that Project -costs are less than the
amounts paid to City; City shall refund difference to Water Agency within 30 calendar
days of submitting said statement to Water Agency.
5A. No Waiver of Breach: The waiver by Water Agency of any breach of any term or
promise contained in this Agreement shall not be deemed to be a waiver of such term or
promise or any subsequent breach of the same or any other term or promise contained in
Us Agreement,
5.5. Construction: To the fullest extent allowed bylaw, the provisions of this Agreement
shall be construed and given effect in a manner that avoids any violation of statute,
ordinance, regulation, or law. The parties covenant and agree that in the event that any
provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions hereof shall remain in full force
and effect and shall in no way be affected, impaired, or invalidated thereby.
City and Water Agency acknowledge that they have each contributed to the making of
this Agreement and that in the event of a dispute over the interpretation of this
Agreement, the language of the Agreement will not be construed against one party in
favor of the other. City and Water Agency acknowledge that they have each had an
adequate opportunity to consult with counsel in the negotiation and preparation of this
Agreement.
5.6. No Third-PaM Beneficiaries: Nothing contained in this Agreement shall be construed
to create and the parties do not intend to create any rights in third.parties.
5.7. Applicable Law and Forum: This Agreement shall be construed and interpreted
according to the substantive law of California excluding the law of conflicts. Any action
to enforce the terms of this Agreement or for the breach thereof shall be brought and
tried in the County of Sonoma.
5.8. Captions: The captions in this Agreement are solely for convenience of reference. They
are not a part of this Agreement and shall have no effect on its construction or
interpretation.
5.9. Merger: This writing is intended both as the final expression of the Agreement between
the parties hereto with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section
1856. No modification of this Agreement shall be effective unless and until such
modification is evidenced by a writing signed by both parties.
5.10. Time of Essence: Time is and shall be of the essence of this Agreement and every
provision hereof.
5.11. Zone Liability: Work under this Agreement is being performed on behalf of the
residents of Sonoma County Water Agency's Petaluma Zone 2A ("Zone'). City shall be
paid exclusively from Zone funds. Without affecting or reducing Water Agency's
Agreement for Funding of Petaluma River Stream Gauge Installation Project 5
payment obligations specified in provision 4 of this Agreement, City agrees that City'
shall make no claim for compensation for City's services against other funds available to
Water Agency and City expressly waives any right to be compensated from other funds
available to Water Agency.
/
/
/
Agreement for Funding of Petaluma River Stream Gauge Installation Project
IN WITNESS WHEREOF, the paxties hereto have executed this Agreement as set forth below.
Approved:
By: f
Depa ent -ire o
Appr
Y:
ance Director
Approve to fo
By:
City Attorney
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city , s
City's Risk Nlana r
City of PetaluiLpa
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B
City Manager
Date: X
Attest:
Reviewed as to su
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Re ie Z as to fu
Manager
Division Manager -
!Services
Approved as to form:
By
Co tY Counsel
Insurance Documentation is on file with Water
Agency c 0' [1-
(Date)
Sonoma ount Water. Ag,, --en
By. �A40'w
!ri a -Chair, Board of Directors
Date: 712.2 12oiLl
At
By:
City Clerk
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test:
Clerk o theBoard
Agreement for Funding of Petaluma River Stream Gauge InstaIIation Project
ATTACHMENT A
INSURANCE REQUIREMENTS
1. SECTION I - INSURANCE TO BE MAINTAINED BY CITY QF PETALUMA
City shall maintain insurance as described below unless such insurance has been expressly
waived by the attachment of a Waiver of Insurance Requirements. The insurance shall be
maintained for one year after all funds have been disbursed.
Water Agency reserves the right to review any and all of the required insurance policies and/or
endorsements, but has no obligation to do so. Failure to demand evidence of full compliance
with the insurance requirements set forth in this Agreement or failure to identify any insurance
deficiency shall not relieve City from, nor be construed or deemed a waiver of, its obligation to
maintain the required insurance at all times during the performance of this Agreement
1.1. Workers ;Compensation and Employers Liability Insurance
A. Workers Compensation insurance with statutory limits as required by the Labor
Code of the State of California.
B. Employers' Liability with minimum limits of $1.,000,000 per Accident; $1,000,000
. Disease per employee; $1,000,000 Disease per policy.
C. Required Evidence of Insurance: Certificate of Insurance
1.2. General Liability Insurance
A. Commercial General Liability Insurance on a standard occurrence form, no less
broad Shan Insurance Services Office (ISO) form CG 00 01.
B. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products/ Completed Operations Aggregate.
C. Notwithstanding anything to the contrary in this Agreement, City's program of self-
insurance consisting of a self-insured retention of $500,000 and excess coverage
through risk pools and other providers is hereby approved as satisfying the
insurance requirements of the City pursuant to this Agreement. City is responsible
for any deductible or self-insured retention and shall fund it upon Water Agency's
written request, regardless of. whether City has a claim against the insurance or is
named as a party in any action involving the Water Agency.
D. Sonoma County Water Agency, its officers, agents, and employees, shall be
additional insureds for liability arising out of City's ongoing operations. (ISO
endorsement CG 20 26 or equivalent).
E. The insurance provided to the additional insureds shall be primary to, and non-
contributory with, any insurance or self-insurance program .maintained by them.
F. The policy definition of "insured contract" shall include assumptions of liability
arising out of both ongoing operations and the products -completed operations
hazard (broad form contractual liability coverage including the "f" definition of
insured contract in ISO form CG 00 01, or equivalent).
G. The policy shall cover inter -insured suits between Water Agency and City and
include a "separation of insureds" or "severability" clause which treats each insured
separately.
H. Required Evidence of Insurance:
Agreement for Funding of Petaluma River Stream Gauge Installation Project A-1
i. Copy of the additional insured endorsement or policy language granting
additional insured status; and
ii. Certificate of Insurance.
1.3. Automobile Liability Insurance
A. Minimum Limits: $1,000,000 combined single limit per accident.
B. Insurance shall apply to all owned vehicles if City owns vehicles.
C. Insurance shall apply to hired and non -owned vehicles.
D. Required Evidence of Insurance: Certificate of Insurance.
1.4. Standards for Insurance Companies
A. Insurers, other than the California State Compensation Insurance Fund, shall have
an A.M. Best's rating of at least A:VII.
1.5. Documentation
A. The Certificate of Insurance must include the following reference: TW 13/14-016.
B. All required Evidence of Insurance shall be submitted prior to the execution of this
Agreement. City agrees to maintain current Evidence of Insurance on file with
Water Agency for the required period of insurance.
C. The name and address for mailing Additional Insured endorsements and Certificates
of Insurance is: Sonoma County Water Agency, its officers, agents, and employees,
404 Aviation Boulevard, Santa Rosa, CA 95403-9019.
D. Required Evidence of Insurance shall be submitted for any renewal or replacement
of a policy that already exists, at least ten (10) days before expiration or other
termination of the existing policy.
E. City shall provide immediate written notice if: (1) any of the required insurance-
- policies is terminated; (2) the limits of any of the required policies are reduced; or (3)
the deductible or self-insured retention is increased.
F. Upon written request, certified copies of required insurance policies must be.
provided within thirty (30) days.
1.6. Policy Obligations
A. City's indemnity and other obligations shall not be limited by the foregoing
insurance requirements.
2. SECTION II - INSURANCE TO BE MAINTAINED BY CITY'S CONTRACTORS AND/OR
CONSULTANTS
City shall require its Consultant/ Contractor and all subcontractors to maintain the insurance
listed below, unless such insurance has been expressly waived by the attachment of a Waiver. of
Insurance Requirements. The required documentation of insurance shall be furnished to City
prior to commencement of any Project work.
Water Agency reserves the right to review any and all of the required uzsurance policies and/or
endorsements, but has no obligation to do so. Failure to demand evidence of full compliance
with the insurance requirements set forth in this Agreement or failure to identify any insurance
deficiency shall not relieve City nor its Consultant/ Contractor from, nor be construed or
deemed a waiver of, their obligation to maintain the required insurance.
Agreement for Funding of Petaluma River Stream Gauge Installation Project A-2
2.1. Workers Compensation Insurance & Employers Liability Insurance
A. Workers Compensation insurance with statutory limits as required by the Labor
Code of the State of California.
B. Employers Liability with minimum limits of $1,000,000 per Accident; $1,000,000
Disease per employee; $1,000,000 Disease per policy.
C. The policy shall be endorsed to include a written waiver of the insurer's right to
subrogate against City and Water Agency.
D. Required Evidence of Insurance:
i. Subrogation waiver endorsement; and
H. Certificate of Insurance.
2.2. General Liability Insurance
A. Commercial General Liability Insurance on a standard occurrence form, no less
broad than Insurance Services Office (ISO) form CG 00 01.
B. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; .
$2;000,000 Products/ Completed Operations Aggregate. The General Aggregate
shall apply separately to each Project. The required limits may be provided by a
combination of General Liability Insurance and Commercial Umbrella Liability
Insurance. If the Consultant/ Contractor maintains higher limits than the specified
minimum limits, City and Water Agency require and shall be entitled to coverage for
the higher limits maintained by Consultant/ Contractor.
C. Any deductible or self-insured retention shall be shown on the Certificate of
Insurance. If the deductible or self-insured retention exceeds $25,000 it must be
approved in advance by City. Consultant/ Contractor is responsible for any
deductible or self-insured retention and shall fund it upon written request by either
City or Water Agency, regardless of whether the Consultant/ Contractor has a claim
against the insurance or is named as a party in any action involving City or Water
Agency.
D. Insurance shall be maintained for one (1) year after Consultant/Contractor's
completion of work.
E. Sonoma County Water Agency, its officers, agents and employees shall be additional
insureds for liability arising out of Consultant/ Contractor's ongoing operations (ISO
endorsement CG 20 26, Additional Insured - Designated Person or Organization, or
equivalent).
F. City of Petaluma, its officers, agents and employees shall be additional insureds for
liability arising out of ongoing and completed operations by or on behalf of
Consultant/ Contractor with respect to work under this Agreement.
G. Consultant/ Contractor shall maintain completed operations insurance with City
endorsed as an additional insured for completed operations for at least (1) year after
completion of work under this Agreement.
H. The insurance provided to the additional insureds.shall be primary to, and .non-
contributory with, any insurance and/or self-insurance program maintained by
them.
1. The policy definition of "insured contract" shall include assumptions of liability
arising out of both ongoing operations and the products -completed operations
Agreement for Funding of Petaluma River Stream Gauge Installation Project A-3
hazard (broad form contractual liability insurance including the "f" definition of
insured contract in ISO form CG 00 01, or equivalent).
J. The policy shall not contain a Contractors Warranty or other similar language which
eliminates or restricts insurance because of a subcontractor's failure to carry specific
insurance or to supply evidence of such insurance.
K. The policy shall be endorsed to include a written waiver of the insurer's right to
subrogate against all persons or entities that are, or are required to be, additional
insureds.
L. The policy shall cover inter -insured suits between Consultant/ Contractor and the
additional insureds and include a "separation of insureds" or "severability" clause
which treats each insured separately.
M. Required Evidence of Insurance:
i. Additional itnsured.endorsements or policy language granting additional
insured status;
ii. Endorsement or policy language indicating that the insurance is primary and
non-contributory;
iii. Subrogation waiver endorsement; and
iv. Certificate of Insurance.
2.3. Automobile Liability Insurance
A. Minimum Limits: $1,000,000 combined single limit per accident.
B. Insurance shall apply to all owned, hired and non -owned vehicles.
C. Required Evidence of Insurance: Certificate of Insurance.
2.4. Professional Liability Insurance (Required for any Consultant/ Contractor providing
engineering, surveying or other professional services.)
A. Minimum Limit: $1,000,000 per claim or per occurrence.
B. The-Consultant/Contractor shall disclose any deductible or self-insured retention in
excess of $25,000.
C. If the insurance is on a Claims -Made basis, the retroactive date shall be no later than
the commencement of the work under this Agreement.
D. Insurance applicable to the work under this Agreement shall be continued for one (1)
year after completion of the work. Such continuation Insurance may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting'
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the work.
E. Required Evidence of Insurance: Certificate of Insurance
2.5. Standards for Insurance Companies
A. Insurers, other than the California State Compensation Insurance Fund, shall have
an A.M. Best's rating of at least A:VII.
2.6. Documentation
Agreement for Funding of Petaluma River Stream Gauge Installation Project A-4
A. The Certificate of Insurance shall include such reference (s) as the City may
reasonably require.
B. City shall require Consultant/Contractor to maintain current Evidence of Insurance
for the required period of insurance. Any requirement to maintain insurance after
completion of the work, including providing Certificates evidencing required
insurance, shall survive the Agreement,
C. Required Evidence of Insurance shall be submitted to Denise Hill, Department of
Public Works and Utilities, 202 North McDowell Boulevard, Petaluma, CA 94954.
D.- Required Evidence of -Insurance shall be submitted for any renewal or replacement
of a policy that already exists, at least ten (10) days before expiration or other
termination of the existing policy. .
E. City shall require Consultant/ Contractor to provide immediate written notice if: (1)
any of the required insurance policies is terminated; (2) the limits of any of the
required policies are reduced; or (3) the deductible or self-insured retention is
increased.
F. Upon written request, certified copies of required insurance policies shall be
provided to City within thirty (30) days.
2.7. Policy Obligations
A. City's indemnity and other obligations shall not be limited by the foregoing
insurance requirements.
Agreement for Funding of Petaluma River Stream Gauge Installation Project A-5
Attachment 4
For accessibility assistance with this document, please contact the Sonoma County Water Agency Technical Writing Section at
(707) 547-1900, Fax at (707) 544-6123, or TDD through the California Relay Service (by dialing 711).
JAC: c\users\jcyphers\appdata\local\microsoft\windows\temporary internet files\content.outlook\49dwprvb\allch 4_draft sova amend-clean.docs version: 9/29/2016 12:20:00 PM
TW 13/14-016A
DRAFT FIRST AMENDED AGREEMENT FOR
FUNDING OF PETALUMA RIVER STREAM GAUGE INSTALLATION PROJECT
This first amended agreement ("First Amended Agreement" or "Agreement") is between the
Sonoma County Water Agency, a body corporate and politic of the State of California ("Water
Agency"), and City of Petaluma ("City").
RECITALS
A. The Petaluma River Stream Gauge Installation Project ("Project") consists of installation of ten
gauges to measure and record stream depth and precipitation, and appurtenances. The Project is
located in Petaluma River watershed within the city limits of Petaluma, and in the unincorporated
area of Sonoma County.
B. City and Water Agency have evaluated storm flows and rainfall intensities which occur within the
Petaluma River Watershed. Water Agency's Zone 2A Advisory Committee recommends that the
Project be undertaken and expedited to assist in the collection of rainfall and storm flow data to
provide statistical data in providing flood management recommendations and responses within the
Petaluma River Watershed.
C. Water Agency and City first entered into this Agreement on July 22, 2014. ("Original Agreement")
D. Estimated Project costs are shown on Attachment B. Attachment B is an integral part of this
Agreement. Under the Original Agreement, City requested $174,200 from Water Agency's Zone 2A
fund for the design and construction of the Project during the 2013-14 construction season.
E. This First Amended Agreement adds $35,600 to the Agreement amount, for a new total of $209,800,
to upgrade two ALERT2 Base Stations and upgrade gauges to provide communication capabilities
to the new stations as part of the Project. These stations will allow the City's emergency response
team to access live conditions during extreme flood events within the Petaluma River Watershed,
and also link to a public website.
F. City owns or will acquire, and is willing to retain ownership of, any property or easements wherein
said Project will be constructed and is willing to operate and maintain said Project in accordance
with this Agreement.
G. Water Agency and City do mutually desire to cooperate in the design and construction and
financing of said Project. In addition to Water Agency contributions, City is also funding the
Project, partially through grant funds received for the Project.
H. City wishes to expedite design and construction of said Project.
1. City will provide public online access to the data collected from the gauges installed under this
Agreement.
J. City has prepared all appropriate environmental documents for the Project under the California
Environmental Quality Act (CEQA). Notice of Exemption Pursuant to Section 15303, Construction
of Small Structures ("installation of small new equipment and facilities in small structures") was
filed on December 2013.
IC City has determined the locations of proposed stream and precipitation gauges, obtained a
quotation for the purchase of gauges, and begun solicitation of bids for installation of gauges.
L. This First Amended Agreement supersedes all previous agreements between the parties.
AGREEMENT
City and Water Agency agree as follows:
1. RECITALS
1.1. The above recitals are true and correct.
2. COORDINATION
2.1. City shall coordinate the work with Water Agency's Project Manager. Contact
information:
Water Agency
Cit
Project Manager: Susan Ha don
Contact: Dan Herrera
404 Aviation Boulevard
202 North McDowell Avenue
Santa Rosa, CA 95403-9019
Petaluma, CA 94954
Phone: 707-547-1937
Phone: 707-778-4589
Email: Susan.Haydoli@scwa.ca.gov
Email: edherrera@ci.petaluma.ca.us
3. CITY'S RESPONSIBILITIES
City shall complete the following at its cost and expense, except to the extent of Water Agency
funding provided for in Sections 4 and 5 below.
3.1. General: City agrees to perform all work in accordance with the requirements of
applicable federal, state, and local laws.
3.2. Environmental Documentation: City shall be the Lead Agency for the Project under the
requirements of the California Environmental Quality Act (CEQA) and shall prepare all
appropriate environmental documents. City shall provide a copy of the Notice of
Exemption to Water Agency during public review process and a final copy within 30
calendar days of the filing of the document.
3.3. Permits: City shall obtain any permits that may be necessary from utilities or regulatory
agencies for construction of the Project.
3.4. Right -of -Way: City shall acquire any and all additional land or easements as necessary
for the construction of the Project.
3.5. Design and Surveyi-rig: City shall design the Project including all design surveying and
construction staking.
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project
3.6. Insurance Requirements and Indemnification Obligations
A. Insurance Requirements:
i. City shall maintain and shall require all of its contractors, consultants, and other
agents to maintain, insurance as described in Attachment A. Evidence of
insurance shall be submitted as specified in Attachment A.
B. Indemnification Obligation of City:
City agrees to indemnify, hold harmless, and release Water Agency, its officers,
agents, and employees, from and against any actions, claims, damages, liabilities,
disabilities, or expenses, that may be asserted by any person or entity, including
City, that arise out of, pertain to, or relate to City's or its agents', employees',
contractors', or subcontractors' performance or obligations tinder this
Agreement. City agrees to provide a complete defense for any claim or action
brought against Water Agency based upon a claim relating to City's or its
agents', employees', contractors', or subcontractors' performance or obligations
under this Agreement. City's obligations under this Paragraph C apply whether
or not there is concurrent negligence on the part of Water Agency but, to the
extent required by law, excluding liability due to conduct of Water Agency. City
shall provide legal counsel to defend Water Agency as required by this
provision, subject to Water Agency's approval, which shall not be unreasonably
withheld. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable to or for
City or its agents, employees, contractors, subcontractors, or invitees tender
workers' compensation acts, disability benefits acts, or other employee benefit
acts.
C. Indemnification Obligation of City's Consultants and Contractors:
i. City shall include the following language in its Consultant and Contractor
agreements issued pursuant to this Agreement:
(1) Consultant/Contractor agrees to accept all responsibility for loss or damage
to any person or entity, including the Sonoma County Water Agency ("Water
Agency") and the City, and to indemnify, hold harmless, and release Water
Agency and City, and each of their officers, agents, and employees, from and
against any actions, claims, damages, liabilities, disabilities, or expenses, that
may be asserted by any person or entity, including Consultant/Contractor,
that arise out of, pertain to, or relate to Consultant's/Contractor's or its
agents', employees', contractors', or subcontractors' performance or
obligations under this Agreement. Consultant/ Contractor agrees to provide
a complete defense for any claim or action brought against Water Agency
and/or the City based upon a claim relating to Consultant's/Contractor's or
its agents', employees', contractors', or subcontractors' performance or
obligations under this Agreement. Consultant's/Contractor's obligations
under this Paragraph C apply whether or not there is concurrent negligence
on the part of Water Agency and/or the City, but, to the extent required by
law, excluding liability due to conduct of Water Agency and/or the City.
Consultant/ Contractor shall provide legal counsel to defend Water Agency
and the City as required by this provision, subject to Water Agency's and
City's approval, which shall not be unreasonably withheld. This
indemnification obligation is not limited in any way by any limitation on the
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project
amount or type of damages or compensation payable to or for
Consultant/ Contractor or its agents, employees, contractors, subcontractors,
or invitees under workers' compensation acts, disability benefits acts, or other
employee benefit acts.
D. Documentation: City shall provide evidence of such insurance and indemnification
to Water Agency in a form satisfactory to Water Agency.
3.7. Title: All title to all Project facilities constructed pursuant to this Agreement shall vest
with City.
3.8. Installation, Operation, and Maintenance: City shall complete Project, accept ownership,
and shall operate and maintain Project in for a period of twenty (20) years. For good
cause, City may elect to cease operation and maintenance of a particular "gauge" prior
to the expiration of 20 years, subject to City's receipt of Water Agency's written consent.
3.9. Records: City shall maintain complete and accurate records of all transactions in
compliance with generally accepted accounting principles for enterprise accounting as
promulgated by the American Institute of Certified Public Accountants and the
Governmental Accounting Standards Board. Such records shall be available to Water
Agency at all reasonable times for inspection and analysis.
3.10. Statement of Costs: Within 60 days of completion of Project, or within 60 days of
decision to not proceed with the Project, City shall submit to Water Agency a statement
of complete accounting of City's Project costs.
3.11. Invoices: City shall invoice Water Agency for costs authorized under this Agreement.
hlvoices submitted to Water Agency by City shall be clearly marked with "City of
Petaluma, Funding of Petaluma River Stream Gauge Installation Project, Project -Activity
Code F0244M019."
3.12. Report: Prepare a report that includes the following:
A. Contents:
i. Table of Contents
ii. A detailed description of the work performed, including date(s) of installation
and activation
iii. A map of gauge locations
iv. Other information as requested
B. First Draft: Prepare the report in draft form and submit to Water Agency for review
and approval within 60 calendar days of completion of the Project. Water Agency
will return 1 copy of the draft report to the City with comments or approval in
writing.
C. Subsequent Draft(s): If Water Agency requests revisions, revise the draft report and
resubmit 1 copy of the report for Water Agency approval.
D. Final report: Submit the final approved report to Water Agency within 30 calendar
days of Water Agency approval.
4. WATER AGENCY'S RESPONSIBILITIES
4.1. Initial Paymen Upon receipt of an invoice, Water Agency will deposit with City
$56,000, which is to finance Project's costs for purchase of ten stream gauges.
4.2. Subsequent Payment: Upon selection of a qualified contractor, receipt of an invoice
thereof, and receipt of evidence of insurance and indemnification required in paragraph
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project
3.6, Water Agency will deposit with City $118,200, which is to finance the Water
Agency's remaining share of Project's costs, with the exception of costs in paragraph 4.3,
below.
4.3. ALERT2 Upgrade Payment: Upon execution of this Agreement, and receipt of an
invoice thereof, Water Agency will deposit with City $35,600, which is to finance Water
Agency's portion of Project costs for the ALERT2 Upgrade.
5. ADDITIONAL REQUIREMENTS
5.1. Term of Agreement: The term of this Agreement shall be from July 22, 2014 ("Effective
Date") to December 31, 2020.
5.2. Excess Costs: If the Project costs exceed the total amount authorized under this
Agreement, City shall:
A. fund Project costs in excess of the authorized amounts without additional
contribution from Water Agency; or
B. request additional funding from Water Agency. In such event, City shall submit a
revised Project cost estimate to Water Agency's General Manager with a written
request, including reasons for cost overruns.
Water Agency is under no obligation to approve such requests. If Water Agency's
General Manager determines that the revised costs are reasonable and that additional
funds are available in Water Agency's Zone 2A accounts, Water Agency may, in its
discretion, amend this Agreement to increase Water Agency's contribution to Project
pursuant to paragraph 5.3 below. If Water Agency's General Manager does not so
determine, City shall proceed pursuant to paragraph A above.
5.3. Authority to Amend Agreement: Changes to the Agreement may be authorized only by
written amendment to this Agreement, signed by both parties. Minor changes, which
do not increase the amount paid under the Agreement, and which do not significantly
change the scope of the agreement or significantly lengthen time schedules may be
executed by the Water Agency's General Manager in a form approved by County
Counsel and by the City Manager on behalf of the City.
5.4. Refund of Remaining Funds: If the Project cost accounting statement submitted under
paragraph 3.10 of this Agreement demonstrates that Project costs are less than the
amounts paid to City, City shall refund difference to Water Agency within 30 calendar
days of submitting said statement to Water Agency.
5.5. No Waiver of Breach: The waiver by Water Agency of any breach of any term or
promise contained in this Agreement shall not be deemed to be a waiver of such term or
promise or any subsequent breach of the same or any other term or promise contained in
this Agreement.
5.6. Construction: To the fullest extent allowed by law, the provisions of this Agreement
shall be construed and given effect in a mam-ter that avoids any violation of statute,
ordinance, regulation, or law. The parties covenant and agree that in the event that any
provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions hereof shall remain in full force
and effect and shall in no way be affected, impaired, or invalidated thereby.
City and Water Agency acknowledge that they have each contributed to the making of
this Agreement and that in the event of a dispute over the interpretation of this
Agreement, the language of the Agreement will not be construed against one party in
favor of the other. City and Water Agency acknowledge that they have each had an
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project 5
adequate opportunity to consult with counsel in the negotiation and preparation of this
Agreement.
5.7. No Third -Party Beneficiaries: Nothing contained in this Agreement shall be construed
to create and the parties do not intend to create any rights in third parties.
5.8. Applicable Law and Forum: This Agreement shall be construed and interpreted
according to the substantive law of California excluding the law of conflicts. Any action
to enforce the terms of this Agreement or for the breach thereof shall be brought and
tried in the County of Sonoma.
5.9. Captions: The captions in this Agreement are solely for convenience of reference. They
are not a part of flus Agreement and shall have no effect on its construction or
interpretation.
5.10. Merger: This writing is intended both as the final expression of the Agreement between
the parties hereto with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section
1856. No modification of this Agreement shall be effective unless and until such
modification is evidenced by a writing signed by both parties.
5.11. Time of Essence: Time is and shall be of the essence of this Agreement and every
provision hereof.
5.12. Zone Liability: Work under this Agreement is being performed on behalf of the
residents of Sonoma County Water Agency's Petaluma Zone 2A ("Zone'). City shall be
paid exclusively from Zone funds. Without affecting or reducing Water Agency's
payment obligations specified in provision 4 of this Agreement, City agrees that City
shall make no claim for compensation for City's services against other funds available to
Water Agency and City expressly waives any right to be compensated from other funds
available to Water Agency.
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
Reviewed as to funds:
Bv:
Water Agency Division Manager -
Administrative Services
Approved as to form:
By:
[Name], Deputy County Counsel
Insurance Documentation is on file with Water
Agency
Date/TW Initials:
Sonoma County Water Agency
Bv:
Grant Davis
Water Agency General Manager
Date:
Approved:
By:
Department Director
Approved:
By:
Finance Director
Approved as to form:
By:
City Attorney
Approved:
By:
City's Risk Manager
City of Petaluma
By:
City Manager
Date:
Attest:
By:
City Clerk
TW 13/14-016A
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project 7
ATTACHMENT A
INSURANCE REQUIREMENTS
1. SECTION I - INSURANCE TO BE MAINTAINED BY CITY OF PETALUMA
City shall maintain insurance as described below unless such insurance has been expressly
waived by the attachment of a Waiver of Insurance Requirements. The insurance shall be
maintained for one year after all funds have been disbursed.
Water Agency reserves the right to review any and all of the required 'insurance policies and/or
endorsements, but has no obligation to do so. Failure to demand evidence of full compliance
with the insurance requirements set forth in this Agreement or failure to identify any insurance
deficiency shall not relieve City from, nor be construed or deemed a waiver of, its obligation to
maintain the required insurance at all times during the performance of this Agreement.
1.1. Workers Compensation and Employers Liability Insurance
A. Workers Compensation insurance with statutory limits as required by the Labor
Code of the State of California.
B. Employers' Liability with minimum limits of $1,000,000 per Accident; $1,000,000
Disease per employee; $1,000,000 Disease per policy.
C. Required Evidence of Insurance: Certificate of Insurance
1.2. General Liability Insurance
A. Commercial General Liability Insurance on a standard occurrence form, no less
broad than Insurance Services Office (ISO) form CG 00 01.
B. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products/ Completed Operations Aggregate.
C. Notwithstanding anything to the contraiy in this Agreement, City's program of self-
insurance consisting of a self-insured retention of $500,000 and excess coverage
tiuough risk pools and other providers is hereby approved as satisfying the
insurance requirements of the City pursuant to this Agreement. City is responsible
for any deductible or self-insured retention and shall fund it upon Water Agency's
written request, regardless of whether City has a claim against the insurance or is
named as a party in any action involving the Water Agency.
D. Sonoma County Water Agency, its officers, agents, and employees, shall be
additional insureds for liability arising out of City's ongoing operations. (ISO
endorsement CG 20 26 or equivalent).
E. The insurance provided to the additional insureds shall be primary to, and non-
contributory with, any insurance or self-insurance program maintained by them.
F. The policy definition of "insured contract" shall include assumptions of liability
arising out of both ongoing operations and the products -completed operations
hazard (broad form contractual liability coverage including the "f" definition of
insured contract in ISO form CG 00 01, or equivalent).
G. The policy shall cover inter -insured suits between Water Agency and City and
include a "separation of insureds" or "severability" clause which treats each insured
separately.
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project A-1
H. Required Evidence of Insurance:
i. Copy of the additional insured endorsement or policy language granting
additional insured status; and
ii. Certificate of Insurance.
1.3. Automobile Liability Insurance
A. Minimum Limits: $1,000,000 combined single limit per accident.
B. Insurance shall apply to all owned vehicles if City owns vehicles.
C. Insurance shall apply to hired and non -owned vehicles.
D. Required Evidence of Insurance: Certificate of hnsurance.
1.4. Standards for Insurance Companies
A. Insurers, other than the California State Compensation Insurance Fund, shall have
an A.M. Best's rating of at least ANII.
1.5. Documentation
A. The Certificate of Insurance must include the following reference: TW 13/14-016.
B. All required Evidence of Insurance shall be submitted prior to the execution of this
Agreement. City agrees to maintain current Evidence of Insurance on file with
Water Agency for the required period of insurance.
C. The name and address for mailing Additional Insured endorsements and Certificates
of Insurance is: Sonoma County Water Agency, its officers, agents, and employees,
404 Aviation Boulevard, Santa Rosa, CA 95403-9019.
D. Required Evidence of Insurance shall be submitted for any renewal or replacement
of a policy that already exists, at least ten (10) days before expiration or other
termination of the existing policy.
E. City shall provide immediate written notice if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required policies are reduced; or
(3) the deductible or self-insured retention is increased.
F. Upon written request, certified copies of required insurance policies must be
provided within thirty (30) days.
1.6. Policy Obligations
A. City's indemnity and other obligations shall not be limited by the foregoing
insurance requirements.
2. SECTION II - INSURANCE TO BE MAINTAINED BY CITY'S CONTRACTORS AND/OR
CONSULTANTS
City shall require its Consultant/ Contractor and all subcontractors to maintain the insurance
listed below, unless such insurance has been expressly waived by the attachment of a Waiver of
hisurance Regiiiretatents. The required documentation of insurance shall be furnished to City
prior to commencement of any Project work.
Water Agency reserves the right to review any and all of the required insurance policies and/or
endorsements, but has no obligation to do so. Failure to demand evidence of full compliance
with the insurance requirements set forth in this Agreement or failure to identify any insurance
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project A-2
deficiency shall not relieve City nor its Consultant/Contractor from, nor be construed or
deemed a waiver of, their obligation to maintain the required insurance.
2.1. Workers Compensation Insurance & Employers Liability Insurance
A. Workers Compensation insurance with statutory limits as required by the Labor
Code of fl -ie State of California.
B. Employers Liability with minimum limits of $1,000,000 per Accident; $1,000,000
Disease per employee; $1,000,000 Disease per policy.
C. The policy shall be endorsed to include a written waiver of the insurer's right to
subrogate against City and Water Agency.
D. Required Evidence oflnsttraiice:
i. Subrogation waiver endorsement; and
ii. Certificate of Insurance.
2.2. General Liability Insurance
A. Commercial General Liability Insurance on a standard occurrence form, no less
broad than Insurance Services Office (ISO) form CG 00 01.
B. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products/ Completed Operations Aggregate. The General Aggregate
shall apply separately to each Project. The required limits may be provided by a
combination of General Liability Insurance and Commercial Umbrella Liability
Insurance. If the Consultant/Contractor maintains higher limits than the specified
minimum limits, City and Water Agency require and shall be entitled to coverage for
the higher limits maintained by Consultant/Contractor.
C. Any deductible or self-insured retention shall be shown on the Certificate of
Insurance. If the deductible or self-insured retention exceeds $25,000 it must be
approved in advance by City. Consultant/ Contractor is responsible for any
deductible or self-insured retention and shall fund it upon written request by either
City or Water Agency, regardless of whether the Consultant/Contractor has a claim
against the insurance or is named as a party in any action involving City or Water
Agency.
D. Insurance shall be maintained for one (1) year after Consultant/Contractor's
completion of work.
E. Sonoma County Water Agency, its officers, agents and employees shall be additional
insureds for liability arising out of Consultant/ Contractor's ongoing operations (ISO
endorsement CG 20 26, Additional hlsured - Designated Person or Organization, or
equivalent).
F. City of Petaluma, its officers, agents and employees shall be additional insureds for
liability arising out of ongoing and completed operations by or on behalf of
Consultant/Contractor with respect to work under this Agreement.
G. Consultant/ Contractor shall maintain completed operations insurance with City
endorsed as an additional insured for completed operations for at least (1) year after
completion of work raider this Agreement.
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project A-3
H. The insurance provided to the additional insureds shall be primary to, and non-
contributory with, any insurance and/or self-insurance program maintained by
them.
I. The policy definition of "insured contract" shall include assumptions of liability
arising out of both ongoing operations and the products -completed operations
hazard (broad form contractual liability insurance including the "f" definition of
insured contract in ISO form CG 00 01, or equivalent).
J. The policy shall not contain a Contractors Warranty or other similar language which
eliminates or restricts insurance because of a subcontractor's failure to carry specific
insurance or to supply evidence of such insurance.
K. The policy shall be endorsed to include a written waiver of the insurer's right to
subrogate against all persons or entities that are, or are required to be, additional
insureds.
L. The policy shall cover inter -insured suits between Consultant/ Contractor and the
additional insureds and include a "separation of insureds" or "severability" clause
which treats each insured separately.
M. Required Evidence ofbzsurame:
i. Additional insured endorsements or policy language granting additional
insured status;
ii. Endorsement or policy language indicating that the insurance is primary and
non-contributory;
iii. Subrogation waiver endorsement; and
iv. Certificate of Insurance.
2.3. Automobile Liability Insurance
A. Minimum Limits: $1,000,000 combined single limit per accident.
B. Insurance shall apply to all owned, hired and non -owned vehicles.
C. Required Evidence of Insurance: Certificate of Insurance.
2.4. Professional Liability Insurance (Required for any Consultant/ Contractor providing
engineering, surveying or other professional services.)
A. Minimum Limit: $1,000,000 per claim or per occurrence.
B. The Consultant/Contractor shall disclose any deductible or self-insured retention in
excess of $25,000.
C. If the insurance is on a Claims -Made basis, the retroactive date shall be no later than
the commencement of the work under this Agreement.
D. Insurance applicable to the work under this Agreement shall be continued for one (1)
year after completion of the work. Such continuation Insurance may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the work.
E. Regufied Evidence ofltisuraiice: Certificate of Insurance
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project A-4
2.5. Standards for Insurance Companies
A. Insurers, other than the California State Compensation Insurance Fund, shall have
an A.M. Best's rating of at least A:NII.
2.6. Documentation
A. The Certificate of Insurance shall include such reference (s) as the City may
reasonably require.
B. City shall require Consultant/ Contractor to maintain current Evidence of Insurance
for the required period of insurance. Any requirement to maintain insurance after
completion of the work, including providing Certificates evidencing required
insurance, shall survive the Agreement.
C. Required Evidence of Insurance shall be submitted to Denise Hill, Department of
Public Works and Utilities, 202 North McDowell Boulevard, Petaluma, CA 94954.
D. Required Evidence of Insurance shall be submitted for any renewal or replacement
of a policy that already exists, at least ten (10) days before expiration or other
termination of the existing policy.
E. City shall require Consultant/Contractor to provide immediate written notice if:
(1) any of the required insurance policies is terminated; (2) the limits of any of the
required policies are reduced; or (3) the deductible or self-insured retention is
increased.
F. Upon written request, certified copies of required insurance policies shall be
provided to City within thirty (30) days.
2.7. Policy Obligations
A. City's indemnity and other obligations shall not be limited by the foregoing
insurance requirements.
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project A-5
ATTACHMENT B
Summary of Estimated Costs
Item
Cost
Estimated Stream Gauge Costs
$56,000
Estimated Planning, Design, and Other Preconstruction Costs
• Right -of -Way
• Plarming, Design, Environmental, Bid Management
Subtotal: Estimated Planning, Design, and Other
Preconstruction Costs
$0
$9,000
$9,000
Estimated Installation Costs
• Estimated installation fee
• Change orders/ contingencies
• Inspection and contract administration
• Calibration and activation
$100,000
$0
$9,200
$0
Subtotal: Estimated Installation, Change Orders, Inspection,
Contract Administration Costs, and Calibration and Activation
$109,200
Estimated ALERT2 Equipment Upgrade Costs
$35,600'
Total Amount to be Funded
$209,800
First Amended Agreement for Funding of Petaluma River Stream Gauge Installation Project B-1