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CC 2015-05-26_08b Agreement for Traffic Control Services#- t MCOAPO ATED it JIUILY M 1911 'IFOR % MEMORANDUM TO CITY COUNCIL SUBJECT: CONSIDERATION OF AWARD OF CONTRACTOR SERVICES AGREEMENT WITH STATEW]IDE SAFETY AND SIGNS INC. FOR TRAFFIC CONTROL: SERVICES FOR THE PAULDING WALL 1 REHABILITATION PROJECT RECOMMENDATION: It is recommended the City Coiuincill aipprovei and!, authoriize the Mayor to execute a Contractor Services Agreement with Statewide Safety and Signs Inc. for Traffiic Control i Services for the Paulding Wa,l�l Rehabilitation Project, IMPACT ON FINANCIAL AND PERSONNEL RESOURCES.- $25i,000 is budgeted in FY 20,14-15 from the Sales Tax fund for the Paulding Wall Improvement project. $5:0,0100 is propoised for allocation in the FY 20115-16i CIP budget from thie Sales Tax fund, The cost for thiie full Implementation of the traffic control; plan to coimple!tei the project Is $39,,627.0101. BACKGROUND: Paulding Wall Rehab illitation. Project On East Branch Street near the intersection of Garden Street on the north side of the roadway is a stone retaining wall. Thiis stone walil has gradually been degrading with t4te. Item 8.b. - Page 1 Photo of failing stoma r tanning wall Item 8.b. - Page 2 Traffic Handling Plan In order to provide for both transportation and work area need�s, a three phase traffic handling plan was developed for different construction phases, Phase One Phase One of the Traffic Handling Plan is to pilace flaggers at both ends of the, work area and only allow, one direction of travel at a time. This phase of the t�raff ic handling is anticipated to requi�re two working days beginning at 8:15,AM and einding at 2:OOPM, Display showing location of flaggers Item 8.b. - Page 3 CITY COUNCIL CONSIDERATION OF AWARD OF CONTRACTOR SERVICES AGGREEMENT WITH STATEWIDE SAFETY AND SIGNS INC. FOR TRAFFIC CONTROL SERVICES FOR THE PAULDING WALL REHABILITATION PROJECT MAY 26, 2015 PAGE 4 Phase Two Phase two of the Traffic Handling Plan will place a concrete barrier between the work area occupied by the Five Cities Men's Club and roadway traffic and allow two -way traffic. Each direction of vehicular traffic will have an 11 foot travel lane. This phase of the traffic handling will be in place for approximately one month and the allowable working hours will begin at 8:15 AM and end at 4:30 PM. 11' 11' 11' -TEMPORARY CENTERLINE 1' EXISTING RETAINING WALL EXISTING JARD RAIL I \LIVIV VI_ I_AI.J IIIVV STRIPING SECTION B -B STRIPING Display shows cross section of Traffic Handling for Phase Two Phase Three Phase three of the Traffic Handling Plan is largely the same as phase two except for the work area is slightly smaller. This smaller work area will allow for more buffer space for vehicle travel lanes. This phase of the traffic handling will be in place for approximately one month and the allowable working hours will begin at 8:15 AM and end at 4:30 PM. 7' 11' 11 WB LANE 'I E8 LANE WORK ZONE 2' 1' II EXISTING EXISTING �� GUARD RAIL RETAINING WALL K —RAIL TEMPORARY CENTERLINE REMOVE EXISTING STRIPING TEMPORARY STRIPING SECTION C -C Display shows cross section of Traffic Handling for Phase Three Item 8.b. - Page 4 CITY COUNCIL CONSIDERATION OF AWARD OF CONTRACTOR SERVICES AGGREEMENT WITH STATEWIDE SAFETY AND SIGNS INC. FOR TRAFFIC CONTROL SERVICES FOR THE PAULDING WALL REHABILITATION PROJECT MAY 26, 2015 PAGE 5 Alternate traffic control plans were discussed, including the closure of East Branch in the construction zone during construction activities and the re- routing of traffic through detour routes. Detour routes had the potential to reduce the cost for the implementation of the traffic control plan by not requiring concrete "K- rails" to protect the construction workers. The proposed detour routes included options for routing traffic over Crown Hill to McKinnley to LePoint. This potential route presents numerous traffic maneuvering challenges and neighborhood conflicts and is not recommended by City staff. Other potential detour routes including Mason Street to LePoint to Tally Ho to Highway 227 were also not recommended due to potential traffic issues. Partnering While the Five Cities Men's Club has obtained the necessary funding, materials and labor to complete the actual physical improvements of the retaining wall, this level of traffic handling was outside the Club's scope of work. The City has budgeted for portions of this retaining wall rehabilitation work in the Capital Improvement Program. Staff has solicited three proposals from traffic handling contractors and is recommending a partnering approach. If approved by Council, the City will provide traffic control services by contracting with Statewide Safety and Signs, Inc. This will provide a safe construction work area for the Five Cities Men's Club, allowing the Club to proceed with this work, at a cost lower than either entity could complete alone. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staff recommendation; • Approve staff recommendation with alternative traffic control measures; • Do not approve recommendation; or • Provide direction to staff. ADVANTAGES: Approving staffs recommendation will allow the Five Cities Men's Club to move forward with the project providing necessary infrastructure improvements for a lesser cost and a faster implementation than the City could complete alone. DISADVANTAGES: Approval of the recommendation will require expenditure of funding. ENVIRONMENTAL REVIEW: The project is categorically exempt pursuant to either /or §15301 (Class 1), §15302 (Class 2) and §15304 (Class 4) of the State CEQA Guidelines. Item 8.b. - Page 5 CITY COUNCIL CONSIDERATION OF AWARD OF CONTRACTOR SERVICES AGGREEMENT WITH STATEWIDE SAFETY AND SIGNS INC. FOR TRAFFIC CONTROL SERVICES FOR THE PAULDING WALL REHABILITATION PROJECT MAY 26, 2016 PAGE 6 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 21, 2015. The Agenda and staff report were posted on the City's website on Friday, May 22, 2015. No public comments were received. Attachment 1. Contractor Services Agreement 2. Project Conditions of Approval 3. Bid Evaluation Summary Item 8.b. - Page 6 ATTACHMENT 1 THIS AGREEMENT, is made and effective as of May 27, 2015, between STATEWIDE TRAFFIC SAFETY & SIGNS ("Contractor"), and the CITY OF ARROYO GRANDE, a Municipal Corporation ("City"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: OM This Agreement shall commence on May 27, 2015 and shall remain and continue in effect until August 31, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the tasks described and comply with all terms and provisions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION City's Public Works Director shall represent City in all matters pertaining to the administration of this Agreement. Don Nicholas shall represent Contractor in all matters pertaining to the administration of this Agreement. 5. PAYMENT 7 RZ19 to] gavial arl III 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. I �* Item 8.b. - Page 7 (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of t following events: I (a) Bankruptcy or insolvency of any party; (b) Sale of Contractor's business; or (c) Assignment of this Agreement by Contractor without the consent of City. (d) End of the Agreement term specified in Section 1. (a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state arm local laws,' ordinances, regulations, orders, and decrees which may affect tho engaged or employed under this Agreement, any materials used in Contractorl Item 8.b. - Page 8 performance under this Agreement, or the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the City's Contract Manager in writing an -fiscrepancy or inconsistency it discovers in said laws, ordinances, regulations, order and decrees mentioned above in relation to any p l lans, drawings, specifications, provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. (a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 11. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and Page 3 Item 8.b. - Page 9 all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subContractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subContractors of Contractor. (c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subContractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. (d) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 12. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONTRACTOR Page 4 Item 8.b. - Page 10 (a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor in connection with performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his /her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE OF INFORMATION /CONFLICTS OF INTEREST (a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work Page 5 Item 8.b. - Page 11 performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and /or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Arroyo Grande Geoff English 300 E. Branch Street Arroyo Grande, CA 93420 To Contractor: Don Nicholas Statewide Traffic Safety & Signs 522 Lindon Lane Nipomo, CA 93444 18. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation Page 6 Item 8.b. - Page 12 concerning this Agreement shall take place in the superior or federal district court wi jurisdiction over the City of Arroyo Grande. I 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. TIME City and Contractor agree that time is of the essence in this Agreement. Contractor is bound by the contents of the City's Request for Proposal, Exhibit "ID", attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Contractor, Exhibit "E", attached hereto and incorporated herein by this reference. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. QC +01 ZNI i ZA I IS& "L' The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 24. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement, 25. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. Page 7 Item 8.b. - Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE CONTRACTOR By: Jim Hill, Mayor Don Nicholas Its: Attest: (Title) Kelly Wetmore, City Clerk Approved As To Form: Heather Whitham, City Attorney Page 8 Item 8.b. - Page 14 W�� The Paulding Middle School retaining wall replacement work will occur in four phases. The first phase of the project will be public notification which will require two changeable message signs placed one week prior to the construction. The second phase of the work Will be demolition of the wall followed by retaining wall construction and then followed by a rock facing. • Traffic Handling Plan 1 will be used for the demolition work. • Traffic Handling Plan 2 will be used for the retaining wall construction. • Traffic Handling Plan 3 will be used for the rock facing work. The Contractor is responsible to furnish and implement the traffic handling plans per the schedule and plans included in the bid documents. The Contractor is responsible for all traffic handling including mobilization, equipment, personnel, maintenance, and removal once complete. Item 8.b. - Page 15 EXHIBIT B PAYMENT SCHEDULE Item Item Unit of Quantity Unit Cost Bid Number Measure Amount 1 Public Notification Calendar Day 7 114.29 800.00 2 Traffic Handling Days 2 2560.00 4,550.00 Plan 1 3 Setup Traffic LS 1 23,450.00 23,450.00 Handling Plan 2 4 Traffic Handling Calendar Day 20 40.80 816.00 Plan 2 Daily Cost 5 Setup Traffic LS 1 8,787.00 8,787.00 Handling Plan 3 6 Traffic Handling Calendar Day 30 61.20 1,224.00 Plan 3 Daily Cost Total Cost: $39,627.00 Page 10 Item 8.b. - Page 16 EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here,, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Page 11 Item 8.b. - Page 17 Contractor, subContractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per ticcurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A- or better and a minimum financial size V11. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all Contractors, and subContractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and subContractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available applicable to this agreement are intended to apply to the full extent of the policie Nothing contained in this Agreement or any other agreement relating to the City or i I operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Page 12 Item 8.b. - Page 18 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subContractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subContractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subContractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subContractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to -the City. At the time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Page 13 Item 8.b. - Page 19 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. ,14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non - compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement ,to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. Page 14 Item 8.b. - Page 20 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 15 Item 8.b. - Page 21 ■ R IM CITY'S REQUEST FOR PROPOSAL Page 16 Item 8.b. - Page 22 O) YO) GiHIA NME ;60 ��"+Y�e� 4 y - is : � \r..� 1� .,r.�s . - .'s' , +,rl•� t+ Jr y r�� 11 yt YQ _'AN i _1 �� M1 � �•,^�,�`'- G � t�� '# �-'+� � ''.e's'n' . � ` -' '�`�+ � s 3 �`k„' ^ .µ f"4'+ yfi.. • �` _ ,;°.kC' ;�r "l. y. I; CITY OF ®� CITY OF AR-Roff(O-) GRANDE 1e CALIF1 OR^NIA ��,, CALIFORNIA The City is requesting bids to furnish and implement the traffic handling plans per the attached schedule and plans. This bid should include all costs for traffic handling including mobilization, equipment, personnel, maintenance, and removal once complete. Itemized Cost Please provide the following itemized bid breakdown: Item Item Unit of Measure Quantity Unit Cost Bid Amount Number 1 Public Notification Calendar Day 7 2 Traffic Handling Plan Days y 2 1 3 Setup Traffic LS 1 Handling Plan 2 4 Traffic Handling Plan Calendar Day 20 2 Daily Cost 5 Setup Traffic LS 1 Handling Plan 3 6 Traffic Handling Plan Calendar Day 30 3 Daily Cost Attachments: 1. Project Schedule 2. Traffic Handling Plan COMMUNITY DEVELOPMENT DEPARTMENT • 300 E. Branch Street • Arroyo Grande, California 93420 Phone: (805) 473 -5420 • Fax: (805) 473 -0386 • E -mail: agcity @arroyogrande.org • Website: www.arroyogrande.org Item 8.b. - Page 24 EXHIBIT E CONTRACTOR'S PROPOSAL Page 17 Item 8.b. - Page 25 CITY or: CITY OF ARROYO GRANDE CALIFORNIA The City is requesting bids to furnish and implement the traffic handling plans per the attached schedule and plans. This bid should include all costs for traffic handling including mobilization, equipment, personnel, maintenance, and removal once complete. Itemized Cost Please provide the following itemized bid breakdown: Item Item Unit of Measure Quantity Unit Cost Bid Amount Number I Public Notification Calendar Day 7 11429 800.00 2 Traffic Handling Plan Days 2 2560.00 4550.00 , 1 3 Setup Traffic Handling Plan 2 LS 1 23,450.00,23,450.00 4 Traffic Handling Plan 2 Daily Cost Calendar Day 20 40.80 816.00 5 Setup Traffic Handling Plan 3 LS 1 8 787-00 8787.00 F 67 Traffic Handling Plan 3 Daily Cost Calendar Da y 30 - 1 61.20 1224.007 Attachments: 1. Project Schedule 2. Traffic Handling Plan COMMUNITY DEVELOPMENT DEPARTMENT c 300 E. Branch Street - Arroyo Grande. California 93420 Phone: (805) 473-5420 • Fax: (805) 473-0386 • E -mail: agcity@arroybgrande.org - Website: www.arroyogrande.org Item 8.b. - Page 26 VT�A Naffiv, FXR I UZZ; TRAFFIC SAFETY & SIGNS TO: Estimating Dept. z PHONE: FAX /EMAIL.: SIGNED: DATE: Proposal/Quote Statewide Traffic Safety & Signs License # 975518 522 Lindon Lane Nipomo, CA 93444 Ph (805)929-5070 Fax(805)929-5786 DIRPW Reg. 0:1000001109 Emp. 6/30/15 Page Bid Date: Contract Info: 5/1/2015 0 EAST BRANCH RETAINING WALL ARROYO GRANDE Proposal: EBBW- 150501 Estimator : Stacy Moldt TRAFFIC CONTROL SYSTEM IS A FOUR (4) HOUR MINIMUM CHARGE AT 70% OF RATES. FULL RATE CHARGED AFTER FOUR (4) HOURS. THE MINIMUM CHARGE WILL BE APPLIED ON CANCELLATIONS WITH LESS THAN EIGHT (8) HOURS NOTICE. APPLY 30 - 60 MINUTES FOR SET UP AND PICK UP. TRAFFIC CONTROL -- LANE CLOSURES DAY OR NIGHT FLAGGING - 2 MEN / DAY (T-13) / NO Rumble Strips -$1,290.00/8hr *DOES NOT INCLUDE CHANGEABLE MESSAGE SIGNOR 'IMPACT ATTENUATOR VEHICLE' ** Contractor to supply "qualified" help if needed for set up and pick,up. Overtime is $95.00/8 - 12hr/man; Doubletime $115.00/hr over 12 hr/man SATURDAY CLOSURES MULTIPLY ABOVE RATES BY 14, SUNDAY CLOSURES MULTIPLY BY 1.7 Time begins upon arrival at job site. Rates include travel time up to one (1) hour from any STSSI branch location. Additional travel time will be charged at $30.00 per 112 hour/man, each direction. NO RETENTION HELD FOR TRAFFIC CONTROL OR RENTAL EQUIPMENT CONSTRUCTION AREA SIGNS 11101 -SIGNS PER SHEETS THI-TH3 PLUS 4FA SC6 SIGNS, FLASHING BEACONS, FURNISHED, INSTALLED& REMOV ED TO REMAIN THEP ROPERTY OF STSSINC TEMPORARY CRASH CUSHION MODULE 22EA $ 175.00 KRAIL FURNISH, INSTALL & REMOVE (I REMOVAL ONLY) MONTHLY RENTAL $3.00/LF IST 4 WEEKS;$2.25/LF PER 4 WEEKS THEREAFTER RENTAL RATES, 28" CONES - $.65EA/DAY DELINEATORS - $.65EA/DAY ILS CHANGEABLE IVIESSAGE,SIGN RENTAL RATES - CALL FOR PURCHASE PRICES $150.00/day, $400.00/1 week, $1,000.00/4 weeks, $75.00 delivery & $75.00 pickup each. NO delivery or pick up charge if STSSI performs traffic control. "DAY" rate is applied if STSSI tech maintains PCMS boards TRAFFIC CONTROL PLAN SERVICES AVAILABLE - CALL FOR DETAILS AND PRICING $ 3,850.00 $ 9,500.00 Arcata Bakersfield Fairfield Fresno Garden Grove Las Vegas Nlpomo Poway Redding Sacramento San Jose 707-825.6927 661-834.5324 707-864-995 559-291-8500 714. 468-1919 702.318-70i5 605. 929-SM SSE.679-72-92 530-222-9023 916.4524855 403-993-9770 Item 8.b. - Page 27 17V Proposal/Provisions Page 2 Statewide Traffic Safety & Signs Bid Date: 5/1/2015 L Ll LAJ U LJ License # 975518 Contract Info: TRAFFIC SAFETY & SIGAIS 522 Undon Lane EAST BRANCH RETAINING WALL TO: Estimating Dept. Nipomo, CA 93444 ARROYO GRANDE PHONE: Ph (805)929-5070 Proposal: EBRW-1 50501 FAX/EMAIL: Fax (805) 929-5786 Estimator : Stacy Moldt SIGNED: DIR PW Reg. 0 :1000001109 UP. 155130/15 DATE.' - A signed contract and 15 working days notice must be given prior to any move in. This quote shall remain valid for 30 days from date of actual bid opening, unless otherwise agreed upon. PAYMENT TERMS ARE - 100°!x, NET 30 finless otherwise agreed upon. - Unless stated on the quote, all permits and associated fees are excluded from Statewide Traffic Safety and Signs, Ines quoted pricing. - Lump sum items are based on "working days" listed in the Special Provisions or working days bid for this project. Additional compensation (standard rental rates) will be applied if working days are exceeded. - Standards for 5 day work shift must be established prior to Statewide Traffic Safety and Signs, Inc. starting work on the project. - Rental equipment furnished and installed by Statewide Traffic Safety andSigns, Inc. may not be moved by anyone other than Statewide Traffic Safety and Signs, Inc. with out prior approval. - Installed crash array barrels relocated by Contractor shall be paid for at item price or new rental period of $3,00 a day per barrel. • All Construction Area Signs to be installed at one time or in stages and covered if needed at installation. Contractor to uncover and recover if needed. Construction Area Signs include one mobilization per stage, additional mobilizations $1,500.00 each, unless negotiated prior to work. Additional signs required due to damage, theft, or plan inadequacies will be billed as extra work, Traffic Control not Included in installation, removal, or repair of any item. Stand-by time charged at S1 75.00/hr. Portable equipment will be delivered and picked up from one location. Contractor to maintain. Contractor is liable for loss and or damaged equipment. Barricades do not include flashing lights or sign panels unless otherwise noted. Pallets are not included with crash cushions. Contractor Is liable for lost or damaged equipment removed or relocated by Contractor's forces. Statewide Traffic Safety and Signs, Inc. does not accept charges or back charges of any kind unless agreed to in writing prior to work beginning. Statewide Traffic Safety and Signs, Inc. shall fully indemnify Contractor for any liability arising out of Statewide Traffic Safety and Signs, Inc. work or products, but only to the extent of Statewide Traffic Safety and Signs, Inc. liability and not that of anyone else. Statewide Traffic Safety and, Signs, Inc: maintains insurance coverage for their work hereunder, Including $2,000,000.00 Products — Comp/OP Agg and a 10/93 Additional Insured Endorsement. If there are any issues or concerns regarding Statewide Traffic Safety and Signs, Inc. products or work. Contractor shall promptly notify and give Statewide Traffic Safety and Signs, Inc. first opportunity to correct any such problems. - All sign and marker location / mark-out to be done prior to Statewide Traffic Safety and Signs, Inc. starting work. If necessary, Statewide Traffic Safely and Signs, Inc. will assist project inspector with location I mark-out. Statewide Traffic Safety and Signs, Inc. will mark out its own work area for USA if necessary, but Is not responsible for damage to underground facilities not shown on plans or not marked out by other agencies. - Sign panels for roadside sign items are supplied by others unless purchased through bid items of this quotation. Roadside sign panels will not be received by Statewide Traffic Safety and Signs, Inc, earlier than 15 working days prior to scheduled installation. No storage. 45 working days advance notice for sign panel orders. All sign plan discrepancies are to be resolved before any sign panel orders are placed. - Permanent sign and marker installation: maximum move-ins: ONE (1) . Additional move-ins $1,500.00 each, unless negotiated prior to work. 45 working days notice for metal post orders. Mounting hardware supplied to, and Installed by Contractor. - Removal, relocate, and reset items are to be completed in whole per the Special Provisions for the project, and completed in, ONE (1) move-in. Additional move-ins $1,500.00 each, unless negotiated prior to work. Sign installation does not include coring or breaking. All change order work must be approved by agency I owner prior to work being performed by !Statewide Traffic Safety and Signs, Inc. Acceptance of this quote is acceptance of these provisions, which shall prevail if in conflict with any other documents, No retention is to be held on Traffic Control and Equipment Rental. Arcata Bakersfield Fairfield Fresno Garden Grove LasVegas 1,11porno pov'My Redding Sacramento San Jose 7o7-825-6927 661-834-5374 707. 864-995 559-291-8500 714368-1919 702-31a.7036 805-929-5070 850-679-7202 530. 222-9023 916-452-4855 408. 993-9770 Item 8.b. - Page 28 Proposal/Quote Page j, Statewide Traffic Safety & Signs �� J f' j L License # 975518 TRAFFIC SAFETY & SIGAIS 522 Lindon Lane To: Estimating Dept, Nipomo,, CA 93444 PHONE: Ph (805)929–.5070 FAX/EMAIL: Fax (805) 929-5786 SIGNED: DIR PW Reg. 4:1000001109 UP. 6/30/15 DATE: Bid Date: 5/1/2015 Contract Info: EAST BRANCH RETAINING WALL ARROYO GRANDE Proposal: EBRW-150501 Estimator : Stacy Moldt TRAFFIC CONTROL SYSTEM IS A FOUR (4) HOUR MINIMUM CHARGE AT 70% OF RATES. FULL RATE CHARGED AFTER FOUR (4) HOURS. THE MINIMUM CHARGE WILL BE APPLIED ON CANCELLATIONS, WITH LESS THAN EIGHT (8) HOURS NOTICE. APPLY 30 - 60 MINUTES FOR SET UP AND PICK UP. TRAFFIC CONTROL -- LANE CLOSURES DAY OR NIGHT FLAGGING - 2 MEN / DAY (T-13) / NO Rumble Strips *$1,280.00/8hr *DOES NOT INCLUDE CHANGEABLE MESSAGE SIGNOR 'IMPACT ATTENUATOR VEHICLE' ** Contractor to supply "qualified" help if needed for set up and pick up. Overtime is $95.00/8 - 12hr/man; Doubletime $115.00/hr over 12 hr/man SATURDAY CLOSURES MULTIPLY ABOVE RATES BY —14* SUNDAY CLOSURES, MULTIPLY BY 1.7 Time begins upon arrival at job site. Rates include travel time up to one (1) hour from any STSSI branch location. Additional travel time will be charged at $30.00 per 1/2 hour/man, each direction. NO RETENTION HELD FOR TRAFFIC CONTROL OR RENTAL EQUIPMENT CONSTRUCTION AREA SIGNS M -SIGNS PER SHEETS TH1-TH3 P LUS 4EA 5C6 SIGNS, FLASHING BEACONS; FURNISHED, INSTALLED & REMOV ED TO REMAIN THE P ROPERTY OF STSSINC TEMPORARY CRASH CUSHION MODULE RENTAL RATES: 28" CONES - $.65EA/DAY DELINEATORS - $.65EA/DAY 22EA $ 175.00 CHANGEABLE MESSAGE SIGN RENTAL RATES - CALL FOR PURCHASE PRICES $150.00/day, $400.00/1 week, $1,000.00/4 weeks; $75.00 delivery & $75.00 pickup each. NO delivery or pick up charge if STSSI performs traffic control. "DAY" rate is applied if STSSI tech maintains PCMS boards TRAFFIC CONTROL PLAN SERVICES AVAILABLE - CALL FOR DETAILS AND PRICING ��[M $ 3,850.00 Arcata Bakersfield Fairfield Fresno Garden Grove Las Vegas Ntpomo Poway Redding Sacramento SanJose 707-825-6927 661-934-5324 707-864-995 S59-251-asao 714-469.1919 702-319-7035 805-929-5070 858-679-7292 530-7-12.8023 916452-4855 408. 993-9770 Item 8.b. - Page 29 TO: Estimating Dept. PHONE. FAX/EMAIL: SIGNED: Proposal/Provisions ,Statewide Traffic Safety &-Signs, License # 975518' 522 Lindon Lane Nipomo, CA 93444 Ph (805)929-5070 Fax (605) 929F-5786 DIR PW Reg. 8:1000001109 Exp. 6/30/15 Page Bid Date: 5/1/2015 Contract Info: EAST BRANCH RETAINING WALL ARROYO GRANDE Proposal: EBRW-1 50501 Estimator : Stacy Moldt DATE: A signed contract and 15 working days notice must be given prior to any move in. This quote shall remain valid for 30 days from date of actual bid opening, unless otherwise agreed upon. PAYMENT TERMS ARE - 100%, NET 30gnless otherwise agreed upon. Unless stated on the quote, all permits and associated fees are excluded from Statewide Traffic Safety and Signs, roc's quoted pricing. Lump sum items are based on 'working days" listed in the Special Provisions or working days bid for this project. Additional compensation (standard rental rates) will be applied lfworking days are exceeded. Standards for 5 day work shift must be established prior ta Statewide Traffic Safety and Signs, Inc. starting work on the project. Rental equipment furnished and installed by Statewide Traffic Safety and Signs, Inc, may not be moved by anyone other than Statewide Traffic Safety and Signs, Inc. with out prior approval. Installed crash array barrels relocated by Contractor shall be paid for at item price or new rental period of $3.00 a day per barrel. All Construction Area Signs to be installed at one time, or in stages and,6overed if needed at installation. Contractor to uncover and recover if needed. Construction Area Signs include one mobilization per stage, additional mobilizations $1',500.00 each, unless negotiated prior to work. Additional signs required due to damage, theft, or plan inadequacies will be billed as extra work. Traffic Control not included in Installation, removal, or repair of any item. Stand-by time charged at $175.00/hr. • Portable equipment will be delivered and picked up from one location. Contractor to maintain Contractor is liable for loss and or damaged - equipment. Barricades do not include flashing lights or sign panels unless otherwise noted Pallets are not included with crash cushions. Contractor is liable for lost or damaged equipment removed or relocated by Contractor's forces. Statewide Traffic Safety and Signs, Inc. does not accept charges or back charges of any kind unless agreed to in writing prior to work beginning. Statewide Traffic Safety and Signs, Inc, shall fully indemnify Contractor for any liability arising out of Statewide Traffic Safety and Signs, Inc. work or products, but only to the extent of Statewide Traffic Safety and Signs, Inc. liability and hot that of anyone else. Statewide Traffic Safety and Signs, Inc. maintains insurance coverage for their work hereunder, including $2,000,000.00 Products —'Comp/OP Agg and a 10/93 Additional Insured Endorsement. If there are any - issues or concerns regarding Statewide Traffic Safety and Signs, Inc. products or work, Contractor shall promptly notify and give Statewide Traffic Safety and Signs, Inc. first opportunity to correct any such problems. Ail sign and marker location I mark-out to be done prior to Statewide Traffic Safety and Signs, Inc. starting work. If necessary, Statewide Traffic Safety and Signs, Inc. will assist project inspector with location / mark-out. Statewlde Traffic Safety and Signs, Inc. will mark out its own workarea for USA if necessary, but is not responsible for damage to underground facilities not shown on plans or not marked out by other agencies. Sign panels for roadside sign items are supplied by others unless purchased through bid items of this quotation. Roadside sign panels will not be received by Statewide Traffic Safety and Signs, Inc. earlier than 15 working days prior to scheduled installation. No storage. 45 working days advance notice for sign panel orders. All sign plan discrepancies are to be resolved before any sign panel orders are placed. Permanent sign and marker, installation: maximum move-ins: ONE (1) . Additional move-ins $1,500.00 each, unless negotiated prior to work, 45 working days notice for metal post orders. Mounting hardware supplied to, and Installed by Contractor. Removal, relocate, and reset items are to be completed in whole per the Special Provisions for the project, and completed in, ONE (1) move4n. Additional move-ins $1,500.00 each, unless negotiated prior to work. Sign installation does not include coring or breaking. All change order work must be approved by agency / owner prior to work being performed by Statewide Traffic Safety and Signs, Inc. Acceptance of this quote is-acceptance of these provisions, which shall prevail if in conflict with any other documents. No retention is to be held on Traffic Control and Equipment Rental. Arcata Bakersfield Fairfietcl Fresno Garden Grove Las Vegas Nipomo Poway Redding Sacramento SanJose 707-825-6927 661-834.5374 707-264.995 559.291-11500 714.*468 -1919 702-318-7035 805929-5070 85B-09-72142 530.222-8023 916452-4855 403. 993-9770 Item 8.b. - Page 30 AR�DYO ORgtvr �•.u� �y�'vra „z May 14, 2015 Kelvin Gould Five Cities Men's Club P.O. Box 450 Arroyo Grande, CA 93421 CITY OF ATTACHMENT 2 ARROYO GRANDE CALIFORNIA SUBJECT: PLOT PLAN REVIEW 15 -006; REPAIR OF PAULDING WALL; LOCATION — EAST BRANCH STREET AT PAULDING MIDDLE SCHOOL, APPLICANT — FIVE CITIES MEN'S CLUB Dear Mr. Gould: After consideration of recommendations made by the Historical Resources Committee at the April 17, 2015 meeting and after review by City staff, the Community Development Director approved the above - referenced project for the repair of 245' of the deteriorated portion the Paulding wall within the East Branch Street public right -of -way and subject to the Secretary of the Interior's Standards for Rehabilitation. The project includes 32' feet of new wall installed on the western end of the original wall length. This approval is based upon the following findings for approval: FINDINGS FOR APPROVAL— PLOT PLAN REVIEW 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan; a. The project is consistent with General Plan policy LU12 -5 with the goal to preserve significant historic and cultural landmarks. b. Projects within the City's right -of -way and involving potential historic resources are allowed with approval of a Minor Use Permit -Plot Plan Review. c. Approval of a Minor Use Permit -Plot Plan Review certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and allows the Community Development Director to develop reasonable conditions to ensure compliance. 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; a. The Municipal Code mandates performance standards to ensure the public health, safety or general welfare. b. The project will repair an existing wall to standard requirements established by the Municipal Code. c. Conditions of approval developed for this project ensure compliance with the Municipal Code and the protection of public health, safety or general welfare. 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. a. The wall is existing and repair of the wall is compatible with the subject property by performing a significant function of retaining the site soil. b. The repair of the wall contributes to the historic cultural, architectural or archaeological resource values of the adjacent Historic Village overlay district. COMMUNITY DEVELOPMENT DEPARTMENT • 300 E. Branch Street • Arroyo Grande, California 93420 Phone: (805) 473 -5420 • FAX: (805) 473 -0386 • E -mail: agcitlr @arroyogrande.org • Website: www.arroyogrande.org Item 8.b. - Page 31 PLOT PLAN REVIEW 15 -006 MAY 14, 2015 PAGE 2 In approving a Minor Use Permit -Plot Plan Review, the Community Development Director may impose reasonable conditions to ensure compliance with the Municipal Code. This approval is subject to the following conditions of approval. Please review the conditions carefully. As the applicant, you are responsible to see that the conditions are implemented. This will involve working with the various departments that conditioned the project. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The applicant shall agree to indemnify and defend at his /her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his /her obligations under this condition. COMMUNITY DEVELOPMENT DEPARTMENT 3. The project shall substantially conform to the plans on file in the Community Development Department dated March 10, 2015. 4. This permit shall expire on August 30, 2015 unless a building permit is issued for the project. 5. The Secretary of the Interior's Rehabilitation treatment category shall be followed for the repair project. 6. The repair shall use existing onsite rock material or rocks from the same quarry and follow the design pattern for column spacing and placement of materials. Mortar color and texture shall match existing. ENGINEERING AND PUBLIC WORKS 7. Applicant shall work within provided traffic control boundaries and maintain a safe work site. 8. Applicant shall ensure that all workers use necessary personal protective equipment during work such as boots, gloves, and traffic safety vests. 9. Applicant shall secure rock facing to new retaining wall with wall ties in compliance with building code section 2104A.1.3. 10. Applicant shall obtain a City of Arroyo Grande encroachment permit prior to start of construction. 11. Applicant shall implement appropriate Water Pollution Control Best Management Practices to ensure dirt, soil, trash and / or other debris does not leave the construction site. 12. Applicant shall implement an appropriate concrete and grout wash out area to ensure that no cementitious materials, slurry or water leaves construction site. 13. Working hours are limited as follows based upon implemented traffic control plan: TH -1: No traffic impacts prior to 8:15 AM or after 2:00 PM. Item 8.b. - Page 32 PLOT PLAN REVIEW 15 -006 MAY 14, 2015 PAGE 3 TH -2 & TH -3: Working hours limited to between 8:15 AM and 4:30 PM Limited delivery of materials after 7:00 AM is allowable. 14. At a minimum, two weeks prior to the start of construction work, the applicant shall organize and attend a pre- construction meeting. Please note that the decision of the Community Development Director is subject to an appeal period which will end May 25, 2015. The decision will also be noticed to the Planning Commission on May 19, 2015. If you disagree with the Community Development Director's decision, you may file an appeal to the Planning Commission no later than May 26, 2015 at 5:00 pm. If you have any questions, please contact the Community Development Department at 473 -5420. Sincerely, r T resat cClish, AICP Community Development Director ileen Nygaard Associate Planner Enclosure(s) cc: Building Official Public Works Engineering Police Chief Fire Chief Item 8.11b. - Page 33 PLOT PLAN REVIEW l5'OO6 MAY 14,201 PAGE 4 Acknowledgment of Conditions of : | have read the above conditions of approval and understand them. I also understand that my permit is expressly conditioned on me complying with and satisfactorily completing each and every condition of approval. I acknowledge that my failure to comply with any one of the conditions of approval could result inrny permit being revoked. | understand that |t is my sole responsibility to obtain any and all required approvals from all other agencies that may have jurisdiction over rnyproject. Signature ATTACHMENT 3 N O O 0 0 U U_ O d LO M N a 06 E N 0 0 0 0 0 0 0 W ¢p E% J W U o va uoq °� °tsa Q O z �a N 0 0 0 0 0 0 cu W lei af= U eoq eoq 64 o(n o(n eoq ~ N O �a � a O O O O O O O W a ccH J w V o o co � 0 o0 0 0 0 ion 0 �°n (o Z V O a N b9 fA fA fA el. O 0 O 0 O 0 O C. O o O O O x N W J � (D i YM a N (D w ~ �-% m (D CD m CD m t- 0 N 0 U) Z- = a (N O LO N In 0) N U co co Q 000 7 O O O O O O O O O O O O O O F W W < cu J w H U O 000 O LO LO In LO � O a0 1- W 4 N N P Q Z U) O a b04 - � N- 6r# N U N O O C) 000 O N N a ®2 W w J E2 ~ o `4 o a 3 rn N °' w U O L v O � rn � �- Z ZE �e ® Oo va ®< 0 T J U J U W LL w } � N N �--' M Z O Z OS m O o. C3 � z F... 0 W > F O CJ CY Z _O ~ U 0 � W H(N O= M LO O m cu m D O N Z O Z v v M 0 O 1° Q O = cu c o c m a W m O W Z c �y c 2 c 2 c W J N c Z w 5 Q d o Z m 2 cm co 2 E2 co 2 Z 0 -Z E 0. rL Z LL W m > o a' c c` c` p LU U) IL Q �-- N M O > w Q m Q o om® IL w � 10- O Q v Q LL W o N O O 0 0 U U_ O d LO M N a 06 E N THIS PAGE INTENTIONALLY LEFT BLANK Item 8.b. - Page 36