CC 2017-02-14_09j Agreement_Womans Club Project
MEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION TO APPROVE AN AGREEMENT FOR
CONSULTANT SERVICES WITH HARRIS ARCHITECTURE & DESIGN
FOR THE WOMAN’S CLUB BUILDING ADA IMPROVEMENTS
PROJECT, PW 2016-10 AND KITCHEN RENOVATION PROJECT, PW
2016-01
DATE: FEBRUARY 14, 2017
RECOMMENDATION:
It is recommended the City Council:
1. Approve an Agreement for Consultant Services with Harris Architecture & Design
in the amount of $40,000 for design services for the Woman's Club Building ADA
Improvements and Kitchen Renovation Projects;
2. Authorize the Mayor to execute the Agreement for Consultant Services; and
3. Appropriate $124,051 from the Park Development Fund balance for the Woman's
Club Kitchen Renovation Project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The amended 2016/17 Capital Improvement Program Budget includes $115,492 for the
design and construction of the kitchen renovation portion of the subject project, and
$61,251 of 2016 Community Development Block Grant (CDBG) funds for the American
with Disabilities Act (ADA) portion of the project.
The total cost for the proposed kitchen renovation project is currently estimated at
$239,500. Staff is recommending an appropriation of funds from the Park Development
Fund. The current unallocated Park Development fund balance is approximately
$891,000. It is anticipated that there will be an indeterminate increase in rental fees for
the Woman’s Club/Community Center building given the proposed kitchen
improvements that would potentially qualify for commercial kitchen status, significantly
increasing the desirability of the facility for rental purposes.
Staff time will be necessary to coordinate the design plans with the architect and to
provide oversight during project construction.
Item 9.j. - Page 1
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT FOR CONSULTANT SERVICES
WITH HARRIS ARCHITECTURE & DESIGN FOR THE WOMAN’S CLUB BUILDING
ADA IMPROVEMENTS PROJECT, PW 2016-10 AND KITCHEN RENOVATION
PROJECT, PW 2016-01
FEBRUARY 14, 2017
PAGE 2
BACKGROUND:
The Arroyo Grande Woman’s Club/Community Center building, located at 211 Vernon
Street, serves as a social hall and meeting room rental facility for the City of Arroyo
Grande. Currently, this 4,773 square foot building includes a conference room, men’s
and women’s bathroom facilities, an employee office and a small kitchen. The exterior
area includes a patio, barbeque pit and facility parking lot. The facility’s kitchen does not
adequately meet the needs of the ongoing user groups and the building has
architectural barriers to ADA accessibility requirements.
Architectural Barriers
Due to its age, the Arroyo Grande Woman’s Club/Community Center building as
currently configured has existing architectural barriers that impede some facility users
from easily accessing certain areas of the facility. In response to this situation, the
Council approved the use of Year 2016 CDBG funds to remove some of these existing
architectural barriers. These barriers are predominately associated with the exterior
patio area, secondary emergency access and exiting for the building, and ADA
compliant parking spaces in the facility’s parking lot.
Kitchen
The Woman’s Club kitchen in its current configuration does not adequately meet the
needs of the ongoing groups that use the community center. A project to remodel the
kitchen was approved by the City Council in 2013, and $60,000 has been committed
from the City’s Community Center Impact Fund for the project. In addition, the Arroyo
Grande Lions Club and the Woman’s Club of Arroyo Grande conducted several fund
raising activities in which $55,492.49 was procured, bringing the total funding available
for the project to $115,492.49.
Design plans for a potential kitchen renovation project, prepared with the assistance of
the Arroyo Grande Lions Club, were submitted to the City for consideration. These well-
designed plans were developed in concert with the Arroyo Grande Woman’s Club and
thoughtfully considered future facility use needs. The proposed renovation plan
expanded the kitchen by relocating an interior wall into the adjacent meeting room.
Upon review of the Lions Club prepared plans by an independent contractor and
Architect, the Arroyo Grande Public Works Department determined that the potential
project cost exceeded the available funds. Additionally, the plan to relocate an interior
wall presented other challenges including the loss of valuable meeting space. A
process of “value engineering” was recommended to the Lions Club in order to reduce
the cost of the project to meet the available funds and to consider other design options.
Unfortunately, this value engineering and redesign effort was not successful for various
reasons and the renovation effort centered around the Lions Club design plans was
halted.
Item 9.j. - Page 2
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT FOR CONSULTANT SERVICES
WITH HARRIS ARCHITECTURE & DESIGN FOR THE WOMAN’S CLUB BUILDING
ADA IMPROVEMENTS PROJECT, PW 2016-10 AND KITCHEN RENOVATION
PROJECT, PW 2016-01
FEBRUARY 14, 2017
PAGE 3
City staff then solicited the assistance of local Architect Kyle Harris to help identify
kitchen improvement options and to develop alternative renovation concept plans. The
concepts were shared with a stakeholders group consisting of representatives from the
City of Arroyo Grande, the Woman’s Club of Arroyo Grande, and the Arroyo Grande
Lion’s Club in November 2016. It was the consensus of the group that the concept to
expand the kitchen by moving out the eastern exterior wall would be the most beneficial
for the community center as it would expand the footprint of the kitchen without
encroaching into the adjacent meeting area and could potentially allow the kitchen to be
used for commercial purposes.
Combined Projects
Due to funding and procurement requirements of the CDBG funds that are being used
for the ADA portion of the project, it is proposed that the City design and bid two
separate and distinct projects, using one Architectural design firm. The design will be
coordinated with a stakeholders group specific to this project which includes
representatives from the City of Arroyo Grande, Arroyo Grande Woman’s Club and the
Arroyo Grande Lion’s Club.
On November 16, 2016, requests for proposals (RFPs) were distributed to local
architectural firms and posted on the City’s website with the primary intent to design
physical renovations at the building for two separate projects: 1) renovations and
expansion of the existing kitchen area, and 2) accessibility improvements in accordance
with ADA. A non-mandatory pre-proposal meeting at the Women’s Club was conducted
on December 1, 2016, to further explain the goals of the project and to answer
questions. Three firms attended the pre-proposal meeting.
On December 15, 2016, two proposals were received for the design of the two projects.
A review committee evaluated and rated the proposals based on the following criteria:
Understanding of the work to be performed
Experience of proposed personnel
Experience with similar assignments
Familiarity with locality and entitlement process
The review committee ranked Harris Architecture & Design as the most qualified firm,
and it was recommended the design contract be awarded to Harris Architecture &
Design.
On January 4, 2017, City staff met with Kyle Harris to review the project scope and to
discuss the proposed design fee. As follow-up, the City requested Kyle Harris review his
design fee to see if there were options to lower the fee and to also reexamine the
estimate for construction costs. On January 11, 2017, the City and Kyle Harris met
Item 9.j. - Page 3
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT FOR CONSULTANT SERVICES
WITH HARRIS ARCHITECTURE & DESIGN FOR THE WOMAN’S CLUB BUILDING
ADA IMPROVEMENTS PROJECT, PW 2016-10 AND KITCHEN RENOVATION
PROJECT, PW 2016-01
FEBRUARY 14, 2017
PAGE 4
again and it was determined that if the overall project schedule could be extended it
would result in design cost savings. In addition, Kyle Harris shared feedback he
received from two separate contractors regarding construction cost estimates. The
average estimate for construction was approximately $150,000.
ANALYSIS OF ISSUES:
City staff met with the stakeholders group on January 26, 2017, to share the results of
the design proposals and updated construction cost estimates. In addition, an overview
of total project costs was shared with the group. In order to fully fund the outward
expansion option for the project, a total of $239,500 will be needed as follows:
Construction $150,000
Construction Contingencies (20%) 30,000
Design 27,500
Contract Admin/Inspection 20,000
Appliances 10,000
Bricks for Donations 2,000
Total $239,500
After consideration and discussion, it was the consensus of the stakeholders group that
the exterior expansion of the kitchen was still the most desirable option as it would allow
the kitchen to be used for commercial purposes without encroaching into the adjacent
meeting area. In addition, it would allow Park Development funds to be used for the
project due to the expanded use of the facility for recreational purposes.
The use of Park Development funds for the kitchen project was presented to the Parks
and Recreation Commission on February 8, 2017. Although there is currently no
prioritized uses for the Park Development funds, a list of other potential uses was
presented to the Commission which included, but would not be limited to:
Sports Field lighting for non-lighted fields at the Soto Sports Complex
Expansion of the Elm Street Recreation Center
Contributions to the proposed Rec Center project
Expansion options at other facilities
Purchase of property for a future park in the Western Addition neighborhood
It was the unanimous decision of the Commission that the use of Park Development
funds for the kitchen project was an appropriate and desirable use of the funds. The
amount of funds proposed for use on the kitchen project would still leave a substantial
balance of Park Development funds available for other future projects.
Item 9.j. - Page 4
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT FOR CONSULTANT SERVICES
WITH HARRIS ARCHITECTURE & DESIGN FOR THE WOMAN’S CLUB BUILDING
ADA IMPROVEMENTS PROJECT, PW 2016-10 AND KITCHEN RENOVATION
PROJECT, PW 2016-01
FEBRUARY 14, 2017
PAGE 5
Staff believes the outward expansion option for the kitchen renovation project will be a
benefit to the City and community by expanding the pool of user groups and by
generating additional rental revenues.
It is estimated that design of the projects will take approximately four months to
complete. The design will be presented to the Parks and Recreation Commission and
Council for approval.
Should an additional appropriation not be approved, staff will meet with the proposed
design firm to discuss a design fee to renovate the existing footprint of the kitchen and
review estimated construction costs for that option.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Approve staff’s recommendations but with an appropriation of $124,051 from the
General Fund balance for the Woman's Club Kitchen Renovation Project.
3. Do not approve staff’s recommendation and direct staff to evaluate the option of
utilizing the existing kitchen footprint;
4. Provide direction to staff.
ADVANTAGES:
Approval of this agreement will allow a design of the Woman’s Club/Community Center
facility that will improve overall accessibility and expand the existing kitchen area to
better serve the various user groups and has the potential to generate additional rental
revenues.
DISADVANTAGES:
An appropriation from the Park Development Fund balance could take away funding
from other potential projects.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item at this time.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachment:
1. Agreement for Consultant Services
Item 9.j. - Page 5
Page 1
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of February 14, 2017, between HARRIS
ARCHITECTURE & DESIGN (“Consultant”), 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:
1.TERM
This Agreement shall commence on February 14, 2017 and shall remain and
continue in effect until June 30, 2018, unless sooner terminated pursuant to the
provisions of this Agreement.
2.SERVICES
Consultant 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
Consultant shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein. Consultant shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4.AGREEMENT ADMINISTRATION
City’s Director of Public Works shall represent City in all matters pertaining to the
administration of this Agreement. Kyle Harris, Principal/Architect in Charge shall
represent Consultant in all matters pertaining to the administration of this Agreement.
5.PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
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 Consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant 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.
ATTACHMENT 1
Item 9.j. - Page 6
Page 2
(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant 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 Consultant 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 the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant’s business; or
(c) Assignment of this Agreement by Consultant without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant 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 Consultant a written notice of the default. The
Consultant 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 Consultant
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.
9. LAWS TO BE OBSERVED. Consultant shall:
(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 Consultant under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant’s
Item 9.j. - Page 7
Page 3
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 any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
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 Consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Consultant 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. Consultant 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. Consultant
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
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’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 FOR PROFESSIONAL LIABILITY. Notwithstanding
anything herein to the contrary, to the fullest extent permitted by law for all design
professional services arising under this Agreement, Consultant shall indemnify, protect,
defend and hold harmless City and any and all of its officials, employees and agents
from and against any and all losses, liabilities, damages, costs and expenses, including
attorney’s fees and costs which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant.
Item 9.j. - Page 8
Page 4
12. INSURANCE
Consultant 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 CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant’s officers, employees, or agents, except
as set forth in this Agreement. Consultant 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. Consultant 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 Consultant in connection with
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Consultant 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 Consultant, or from any officer, employee or agent of Consultant, 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.
Item 9.j. - Page 9
Page 5
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City’s
prior written authorization. Consultant, 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 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 Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, 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 Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
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, Director of Public Works
300 East Branch Street
Arroyo Grande, CA 93420
To Consultant: Harris Architecture & Design
Kyle Harris, AIA, Principal/Architect in Charge
151 West Branch Street, Suite E
Arroyo Grande, CA 93420
Item 9.j. - Page 10
Page 6
18. ASSIGNMENT
The Consultant 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 Consultant 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
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
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 Consultant agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposal, Exhibit
“D”, attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Consultant, 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.
23. CONSTRUCTION
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.
Item 9.j. - Page 11
Page 7
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 Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONSULTANT
By:__________________________ By:____________________________
Jim Hill, Mayor
Its:____________________________
Attest: (Title)
____________________________
Kelly Wetmore, City Clerk
Approved As To Form:
_____________________________
Heather Whitham, City Attorney
Item 9.j. - Page 12
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EXHIBIT A
SCOPE OF WORK
Create a design for the renovation and expansion of the Woman’s Club/Community
Center kitchen area, and accessibility improvements in accordance with the American
with Disabilities Act (ADA).
Item 9.j. - Page 13
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EXHIBIT B
PAYMENT SCHEDULE
HARRIS ARCHITECTURE & DESIGN
Kitchen Remodel Fee $27,500
ADA Upgrades Fee 12,500
Total $40,000
Item 9.j. - Page 14
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant 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.
Consultant 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 Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant 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
Consultant, 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
Item 9.j. - Page 15
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herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence.
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 Consultant 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 VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant 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. Consultant also agrees to require all Consultants, and subContractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subContractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
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.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called “third party action over” claims, including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
Item 9.j. - Page 16
Page 12
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant 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 Consultant’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 Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant 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 Consultant 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. Consultant agrees to ensure that subContractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
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. Consultant agrees that upon request, all agreements with subContractors and
others engaged in the project will be submitted to City for review.
11. Consultant 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 Consultant, 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 Consultant’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
Consultant, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
Item 9.j. - Page 17
Page 13
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 Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, 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. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant 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. Consultant 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. Consultant 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
Consultant’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 Consultant under this agreement. Consultant 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.
Item 9.j. - Page 18
Page 14
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. Consultant 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
Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant 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.
Item 9.j. - Page 19
Public Works Department
Request for Proposal (RFP)
ARCHITECTURAL DESIGN SERVICES FOR
WOMAN’S CLUB BUILDING
ADA IMPROVEMENTS AND
KITCHEN RENOVATION PROJECT
Due:
Thursday, December 15, 2016
No later than 4:00 P.M.
Deliver to:
City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
Attention: Geoff English
Public Works Director
November 16, 2016
EXHIBIT D
Item 9.j. - Page 20
City of Arroyo Grande Page 1 of 5 November 16, 2016
CITY OF ARROYO GRANDE
ARROYO GRANDE WOMAN’S CLUB BUILDING ADA IMPROVEMENTS AND
KITCHEN RENOVATION PROJECT
REQUEST FOR PROPOSALS
I. PROPOSAL INTENT
The City of Arroyo Grande is soliciting proposals from qualified architectural firms
to provide design services for modifications to the existing Arroyo Grande
Woman’s Club/Community Center building located at 211 Vernon Street in
Arroyo Grande (Attachment 1). The City is seeking an architectural firm to
provide full architectural services for the project from preliminary design/scoping
through construction documents, bidding and limited construction phase support.
The primary intent of the project is to design physical renovations at the building
for two separate projects: renovations and expansion of the existing kitchen area
and accessibility improvements in accordance with the American with Disabilities
(ADA). The selected architectural design firm will be part of the Project Team
throughout design, permitting and construction.
The proposer should demonstrate, through this RFP, knowledge and experience
with City of Arroyo Grande requirements and permit processing, and ability to
design projects in a timely and cost-effective manner. Responses should be
prepared simply and economically, providing a straightforward and concise
description of the proposer’s capabilities to satisfy the requirements of this
request.
A pre-proposal site visit will be held at 1:30 p.m. on December 1, 2016 in the
Arroyo Grande Woman’s Club/Community Center building located at 211 Vernon
Street in Arroyo Grande. Attendance at the pre-proposal site visit is
recommended. However, attendance is neither required nor a pre-requisite for
proposal submission and will not be considered in the evaluation.
II. BACKGROUND
The Arroyo Grande Woman’s Club/Community Center building serves as a social
hall and meeting room rental facility for the City of Arroyo Grande. Currently, this
4,773 square foot building includes a conference room, men’s and women’s
bathroom facilities, an employee office and a small kitchen. The exterior area
includes an exterior patio, barbeque pit and facility parking lot. The facility
kitchen does not adequately meet the needs of the ongoing user groups and the
building has architectural barriers to ADA accessibility requirements.
Due to funding and procurement requirements subject to federal Community
Development Block Grant (CDBG) funds being used for the ADA portion of the
project, the City will design and bid two separate and distinct projects, using one
Architectural design firm. The City has previously met with stakeholder groups
Item 9.j. - Page 21
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Page 2 of 5 November 16, 2016
and has prepared conceptual design plans for the kitchen renovation project after
an evaluation of different options. A copy of the conceptual design plans for the
Arroyo Grande Woman’s Club/Community Center building kitchen remodel
project is attached (Attachment 2). The stakeholders group included
representatives from the City of Arroyo Grande, Arroyo Grande Women’s Club
and the Arroyo Grande Lion’s Club. It should be noted that this is a conceptual
plan only and it is anticipated that alterations to the conceptual design plans will
be necessary during the development of final construction drawings.
Additionally, an ADA assessment of the Arroyo Grande Woman’s Club/
Community Center building was completed in 2016 to identify existing
architectural barriers. This report was used to prioritize the individual ADA
barrier removal projects to be designed for competitive bidding purposes. A list of
the ADA architectural barrier removal priorities is shown in Attachment 3. The
City intends to prepare and bid two separate building repair projects in the
summer of 2017.
III. SCOPE OF SERVICES
The Architect shall prepare design and construction documents for both projects
that responds to construction cost limitations, optimizes lifecycle costs, and
satisfies functional requirements. The Architect shall expand upon or modify the
conceptual design plans to prepare detailed construction drawings and
specifications. The drawings should illustrate correct room size and shapes from
the conceptual kitchen renovation plan, and the design of the structure,
mechanical and electrical systems. Design plans should include County Health
Department requirements for commercial kitchen status. The Architect shall
prepare specifications that list the major materials and room finishes to be used
that are both durable and low maintenance.
The Architect will need to verify that the design complies with City of Arroyo
Grande building codes and Commercial/Industrial Submittal Requirements as
outlined in Attachment 4. The Architect will also develop final project
construction cost estimate to be used for public bidding. Additionally, the
Architect will be required to redesign the project at their cost if the lowest
responsible bid exceeded the architect’s construction estimate by 20% or more.
The selected firm should anticipate participating in three (3) Project Team
meetings which will include the representatives of the stakeholders group. In
addition, the selected firm shall be available to attend one (1) Park and
Recreation Commission meeting and one (1) City Council meeting to present the
proposed improvements plans.
Item 9.j. - Page 22
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Page 3 of 5 November 16, 2016
Deliverables
Construction drawings and specifications for the reconfiguration of the
existing kitchen area of the Women’s Club/ Community Center building
Construction drawings and specifications for the ADA barrier removal areas of
the Women’s Club building
Development of estimated construction budget for both projects
Final color elevations/renderings and floor plan exhibits for both projects to be
presented for City Council review
Development of bidding documents
The successful firm will also develop necessary Addendums during bidding,
respond to Requests for Information (RFI’s) and provide technical guidance
during project construction.
The City desires to begin construction of the two separate projects in late
summer of 2017. Proposing Architects must agree to enter into the City’s
Standard Consultant Agreement without modification and to provide the required
Insurance as stipulated in Attachment 5.
IV. PROPOSAL FORMAT AND CONTENT
1. Introduction
A summary statement which will demonstrate that the prospective proposer
has a clear understanding of the City’s objectives and how it expects to
address them. Acknowledgement that your firm will sign the City’s Standard
Agreement for Consultant Services without modification. (Attachment 5).
2. Management and Staffing
List the rolls and responsibilities of the individuals who will be directly involved
with the project, including the Project Manager, who will be the primary
contact with City staff and any subcontractors, and provide individual
resumes.
3. Prior Related Experience
Provide a list of representative projects of similar scope and nature performed
within the last five (5) years, particularly projects for other local government
agencies. Include a contact person for each representative project listed.
4. Work Plan
Describe the approach to be taken in addressing the proposed scope of work.
This description should include delineation of specific tasks to be undertaken
in each project activity. Include a project schedule showing start and
completion dates for the specific tasks, including milestone dates and
processing time for review by the City.
Item 9.j. - Page 23
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Page 4 of 5 November 16, 2016
5. Fee Schedule
The consultant is requested to provide a “Not to exceed” cost (inclusive of all
professional fees and expenses) for the entire project as outlined in the Work
Plan. Fees for the two separate design projects are to be listed separately:
Kitchen renovation project
ADA Architectural Barrier Removal project
Include the hourly rate charges for each team member who may be involved
in the project.
V. SELECTION PROCESS
A review committee will evaluate the proposals based on the following:
Understanding of the work to be performed 25 points
Experience of proposed personnel 25 points
Experience with similar assignments 25 points
Familiarity with locality and entitlement process 25 points
(Maximum Total Points - 100)
VI. TENTATIVE SCHEDULE OF EVENTS
The following are the anticipated schedule of events for the project:
Design
Issue RFP November 16, 2016
Non-Mandatory Pre-Proposal Meeting - 1:30PM December 1, 2016
Proposals due to the City by 4:00 PM December 15, 2016
Consultant Selection / Fee Negotiations December 21, 2016
City Council Award of Design Contract January 10, 2017
Design Kick-Off Meeting January 23, 2017
Design Completion April 28, 2017
Bidding / Contract Award
Advertisement May - June 2017
Bid Opening June 2017
Council Award of Construction Contract July 2017
Construction
Notice to Proceed August 2017
Construction Contract Completion October 2017
Item 9.j. - Page 24
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Page 5 of 5 November 16, 2016
VII. SUBMITTAL
1. Submit a total of three copies to:
Geoff English, Director
Public Works Department
City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
2. Show the following information on the outside of the package:
Consultant's name and address
Woman’s Club Building ADA Improvements and Kitchen Renovation
Project
3. Closing Date: Proposals must be received by 4:00 PM, December 15, 2016.
4. The City reserves the right to reject any or all proposals for any or no reason.
For more information, please contact Geoff English at (805) 473-5466.
Item 9.j. - Page 25
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 1 – Page 1 of 1 November 16, 2016
Attachment 1
Location Map
Item 9.j. - Page 26
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 2 – Page 1 of 2 November 16, 2016
Attachment 2A
Kitchen Renovation Conceptual Floor Plan – Three Options Considered
Item 9.j. - Page 27
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 2 – Page 2 of 2 November 16, 2016
Attachment 2B
Kitchen Renovation Conceptual Floor Plan – Selected Option
Item 9.j. - Page 28
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 3 – Page 1 of 1 November 16, 2016
Attachment 3
List of ADA Architectural Barrier Removal Priorities
1. Modify patio concrete at existing doors on east side of building
2. New walkway from back to front parking lots and public way
3. Re-stripe existing parking
4. New tactile signs throughout building
Item 9.j. - Page 29
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 4 – Page 1 of 1 November 16, 2016
Attachment 4
City of Arroyo Grande Commercial / Industrial Submittal Requirements
Item 9.j. - Page 30
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 1 of 17 November 16, 2016
Attachment 5
Standard Consultant Agreement
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of ______________ 2017, between
_____________________ (“Consultant”), 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:
1. TERM
This Agreement shall commence on ______________, 2017and shall remain
and continue in effect until ____________, 2017, unless sooner terminated pursuant to
the provisions of this Agreement.
2. SERVICES
Consultant 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
Consultant shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein. Consultant shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City’s ________________ shall represent City in all matters pertaining to the
administration of this Agreement. ______ shall represent Consultant in all matters
pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
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 Consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
Item 9.j. - Page 31
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 2 of 17 November 16, 2016
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.
(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant 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 Consultant 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 the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant’s business; or
(c) Assignment of this Agreement by Consultant without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant 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 Consultant a written notice of the default. The
Consultant 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 Consultant
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.
9. LAWS TO BE OBSERVED. Consultant shall:
(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 Consultant under this Agreement;
Item 9.j. - Page 32
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 3 of 17 November 16, 2016
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant’s
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 any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
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 Consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Consultant 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. Consultant 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. Consultant
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
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’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.
Item 9.j. - Page 33
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 4 of 17 November 16, 2016
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant’s Services, to the fullest extent permitted by
law, Consultant 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
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 Consultant, its officers, agents, employees or subContractors or any
entity or individual that Consultant 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, Consultant
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
attorney’s 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 Consultant or by any individual
or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or subContractors of Consultant.
(c) General Indemnification Provisions. Consultant 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 Consultant in the performance of this agreement. In the event Consultant
fails to obtain such indemnity obligations from others as required here, Consultant
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
Consultant 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, Consultant 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 Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
Item 9.j. - Page 34
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 5 of 17 November 16, 2016
12. INSURANCE
Consultant 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 CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant’s officers, employees, or agents, except
as set forth in this Agreement. Consultant 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. Consultant 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 Consultant in connection with
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Consultant 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 Consultant, or from any officer, employee or agent of Consultant, 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.
Item 9.j. - Page 35
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 6 of 17 November 16, 2016
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City’s prior
written authorization. Consultant, 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
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 Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, 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 Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
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
Director of Public Works
300 E. Branch Street
Arroyo Grande, CA 93420
To Consultant: ____________________________
____________________________
____________________________
____________________________
Item 9.j. - Page 36
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 7 of 17 November 16, 2016
18. ASSIGNMENT
The Consultant 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 Consultant 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
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
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 Consultant agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposal, Exhibit
“D”, attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Consultant, 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.
23. CONSTRUCTION
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.
Item 9.j. - Page 37
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 8 of 17 November 16, 2016
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 Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONSULTANT
By:__________________________ By:____________________________
Jim Hill, Mayor
Its:____________________________
Attest: (Title)
____________________________
Kelly Wetmore, City Clerk
Approved As To Form:
_____________________________
Heather Whitham, City Attorney
Item 9.j. - Page 38
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 9 of 17 November 16, 2016
EXHIBIT A
SCOPE OF WORK
Item 9.j. - Page 39
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 10 of 17 November 16, 2016
EXHIBIT B
PAYMENT SCHEDULE
Item 9.j. - Page 40
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 11 of 17 November 16, 2016
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant 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.
Consultant shall provide the following types and amounts of insurance:
[Note 4: verify minimum limit for each coverage with City Manager or City
Attorney]
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 Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
[Note 5: may need to delete workers’ compensation and employer’s liability
insurance requirements for certain sole proprietorships, partnerships, or
corporations without employees]
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.
[Note 6: If the required limits for general liability, auto and employer’s liability are
$1 million or less, the following paragraph may be omitted.]
Item 9.j. - Page 41
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 12 of 17 November 16, 2016
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
Consultant, 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
occurrence.
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 Consultant 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 VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant 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. Consultant also agrees to require all Consultants, and subContractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subContractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Item 9.j. - Page 42
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 13 of 17 November 16, 2016
Nothing contained in this Agreement or any other agreement relating to the City or its
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.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called “third party action over” claims, including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant 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 Consultant’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 Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant 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 Consultant 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. Consultant agrees to ensure that subContractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
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. Consultant agrees that upon request, all agreements with subContractors and
others engaged in the project will be submitted to City for review.
Item 9.j. - Page 43
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 14 of 17 November 16, 2016
11. Consultant 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 Consultant, 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 Consultant’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
Consultant, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
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 Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, 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. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant 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. Consultant 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. Consultant 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
Consultant’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 Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
Item 9.j. - Page 44
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 15 of 17 November 16, 2016
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.
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. Consultant 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
Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant 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.
Item 9.j. - Page 45
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 16 of 17 November 16, 2016
EXHIBIT D
CITY’S REQUEST FOR PROPOSAL
Item 9.j. - Page 46
RFP for Architectural Design Services for the
Woman’s Club Building ADA Improvements and Kitchen Renovation Project
City of Arroyo Grande Attachment 5 – Page 17 of 17 November 16, 2016
EXHIBIT E
CONSULTANT’S PROPOSAL
Item 9.j. - Page 47
EX
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