CC 2018-07-24_09i Agreement_Bridge Street Bridge Rehab Project
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION OF AN AGREEMENT FOR CONSULTANT SERVICES
WITH BEACON INTEGRATED PROFESSIONAL RESOURCES, INC.,
DBA HAMNER, JEWELL & ASSOCIATES FOR RIGHT OF WAY
ACQUISITION AND APPRAISAL SERVICES FOR THE BRIDGE STREET
BRIDGE REHABILITATION PROJECT
DATE: JULY 24, 2018
SUMMARY OF ACTION:
Approving an Agreement for Consultant Services with Hamner, Jewell & Associates will
allow the City to secure temporary construction easements for the Bridge Street Bridge
Rehabilitation project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The City has been successful in securing 100% funding through the Local Highway Bridge
Program (HBP) for the Bridge Street Bridge Rehabilitation project, including $350,000 for
right-of-way and temporary utility relocation work.
RECOMMENDATION:
It is recommended the City Council:
1. Approve an Agreement for Consultant Services with Beacon Integrated Professional
Resources, Inc. dba Hamner, Jewell & Associates in the amount of $30,942.04; and
2. Authorize the Mayor to sign the Agreement.
BACKGROUND:
In order to construct the Bridge Street Bridge Rehabilitation project, temporary
construction easements (TCEs) will be required. A TCE allows a City and its contractors
to enter a private property for temporary use during the construction of a project. For this
project, existing utilities that are supported by the Bridge Street Bridge will need to be
relocated during construction to adjacent private properties. In addition, TCEs are
necessary to occupy areas for material and equipment staging, and to gain access points
to the construction area.
Item 9.i. - Page 1
CITY COUNCIL
CONSIDERATION OF AN AGREEMENT FOR CONSULTANT SERVICES WITH
BEACON INTEGRATED PROFESSIONAL RESOURCES, INC., DBA HAMNER,
JEWELL & ASSOCIATES FOR RIGHT OF WAY ACQUISITION AND APPRAISAL
SERVICES FOR THE BRIDGE STREET BRIDGE REHABILITATION PROJECT
JULY 24, 2018
PAGE 2
Due to the various requirements of the HBP funding and specialization of services in
estimating and acquiring rights of way, most local agencies utilize real estate and
appraisal consulting firms. The use of these firms is a reimbursable expense under the
HBP program if the local agency acquires the firm in accordance with the HBP guidelines
and through an open and competitive procurement process as outlined by the City’s
Caltrans Local Assistance Engineer.
On March 5, 2018, Caltrans authorized right of way (R/W) funding for the project. On
March 7, 2018, staff distributed Requests for Proposals (RFPs) via e-mail to three R/W
appraisal and acquisition firms, as suggested by the City’s Caltrans Local Assistance
representative, requesting proposals by March 28, 2018. On March 15, 2018, one
proposal was received from Hamner, Jewell & Associates, the only local firm from the
Caltrans-provided list.
ANALYSIS OF ISSUES:
Staff reviewed Hamner, Jewell & Associates’ proposal and on April 16, 2018, determined
and documented that it met the criteria contained in the RFP and that Hamner, Jewell &
Associates is qualified to perform the requested R/W services. The proposed fee is
$30,942.04 and is within the amount authorized by Caltrans and at a reimbursement rate
of 100%. It is recommended that Council approve an Agreement for Consultant Services
with Hamner, Jewell & Associates effective April 16, 2018.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Do not approve staff’s recommendations; or
3. Provide direction to staff.
ADVANTAGES:
Approval of an Agreement with Hamner, Jewell & Associates will allow the City to secure
temporary construction easements necessary for the Bridge Street Bridge Rehabilitation
project. Bringing the Bridge Street Bridge up to standard loading conditions will remove
the 3-ton maximum load limit and would allow fire and delivery trucks to utilize Bridge
Street as a route. The project implements the Council goal to support City infrastructure.
DISADVANTAGES:
Some traffic related disruption within the Village will occur during construction activities.
ENVIRONMENTAL REVIEW:
No environmental review is required for the approval of the Agreement.
Item 9.i. - Page 2
CITY COUNCIL
CONSIDERATION OF AN AGREEMENT FOR CONSULTANT SERVICES WITH
BEACON INTEGRATED PROFESSIONAL RESOURCES, INC., DBA HAMNER,
JEWELL & ASSOCIATES FOR RIGHT OF WAY ACQUISITION AND APPRAISAL
SERVICES FOR THE BRIDGE STREET BRIDGE REHABILITATION PROJECT
JULY 24, 2018
PAGE 3
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.
Item 9.i. - Page 3
Page 1
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of 2018, between
BEACON INTEGRATED PROFESSIONAL RESOURCES, INC., DBA HAMNER,
JEWELL & ASSOCIATES (“Consultant”), and the CITY OF ARROYO GRANDE, a
Municipal Corporation (“City or Local Agency”). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on April 16 , 2018 and shall remain
and continue in effect until December 31 , 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 Community Development Director shall represent City in all matters
pertaining to the administration of this Agreement. Cathy Springford 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,
and subject to the provisions contained in Section 26, Article V.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
Superseded. See Section 26, Article VI.
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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
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;
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(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
(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.
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(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
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 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.
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
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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.
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.
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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
Teresa McClish
300 East Branch Street
Arroyo Grande, CA 93420
To Consultant: Hamner, Jewell & Associates
Lillian Jewell
530 Paulding Circle, Suite A
Arroyo Grande, CA 93420
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.
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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.
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.
26. MANDATORY FISCAL AND FEDERAL PROVISIONS
In accordance Caltrans Local Assistance Procedures Manual, the following
provisions must be included verbatim in Local Assistance Federal-aid project contracts
and shall be applicable to this Agreement. If any provision contained in this Section 26
are in conflict with any other provision of this Agreement, the provision in this Section
shall control.
ARTICLE IV - PERFORMANCE PERIOD
A. This contract shall go into effect on April 16, 2018 , contingent
upon approval by LOCAL AGENCY, and CONSULTANT shall commence
work after notification to proceed by LOCAL AGENCY’S Contract
Administrator. The contract shall end on December 31, 2018 ,
unless extended by contract amendment.
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B. CONSULTANT is advised that any recommendation for contract award is not
binding on LOCAL AGENCY until the contract is fully executed and approved
by LOCAL AGENCY.
ARTICLE V - ALLOWABLE COSTS AND PAYMENTS
(Option 3 - Specific Rates of Compensation)
A. CONSULTANT will be reimbursed for hours worked at the hourly rates
specified in CONSULTANT’s Cost Proposal (Exhibit E). The specified hourly
rates shall include direct salary costs, employee benefits, overhead, and fee.
These rates are not adjustable for the performance period set forth in this
Contract.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct
costs other than salary costs that are in the cost proposal and identified in the
cost proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task
Orders.
D. After a project to be performed under this contract is identified by LOCAL
AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost
estimate. A draft Task Order will identify the scope of services, expected
results, project deliverables, period of performance, project schedule and will
designate a LOCAL AGENCY Project Coordinator. The draft Task Order will
be delivered to CONSULTANT for review. CONSULTANT shall return the
draft Task Order within ten (10) calendar days along with a Cost Estimate,
including a written estimate of the number of hours and hourly rates per staff
person, any anticipated reimbursable expenses, overhead, fee if any, and
total dollar amount. After agreement has been reached on the negotiable
items and total cost; the finalized Task Order shall be signed by both LOCAL
AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for
specific rates of compensation, both of which must be based on the labor and
other rates set forth in CONSULTANT’s Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the
rates as specified in the approved Cost Proposal.
G. When milestone cost estimates are included in the approved Cost Proposal,
CONSULTANT shall obtain prior written approval for a revised milestone cost
estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears
based on services provided and actual costs incurred.
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I. CONSULTANT shall not commence performance of work or services until this
contract has been approved by LOCAL AGENCY, and notification to proceed
has been issued by LOCAL AGENCY’S Contract Administrator. No payment
will be made prior to approval or for any work performed prior to approval of
this contract.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and
signed by an authorized representative of LOCAL AGENCY. No expenditures
are authorized on a project and work shall not commence until a Task Order
for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will
permit upon receipt by LOCAL AGENCY’S Contract Administrator of itemized
invoices in triplicate. Separate invoices itemizing all costs are required for all
work performed under each Task Order. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which
CONSULTANT is billing, or upon completion of the Task Order. Invoices shall
detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and
shall reference this contract number, project title and Task Order number.
Credits due LOCAL AGENCY that include any equipment purchased under
the provisions of Article XI Equipment Purchase of this contract, must be
reimbursed by CONSULTANT prior to the expiration or termination of this
contract. Invoices shall be mailed to LOCAL AGENCY’s Contract
Administrator at the following address:
City of Arroyo Grande
Attn: Jill McPeek
300 East Branch Street
Arroyo Grande, CA 93420
L. The period of performance for Task Orders shall be in accordance with dates
specified in the Task Order. No Task Order will be written which extends
beyond the expiration date of this Contract.
M. The total amount payable by LOCAL AGENCY for an individual Task Order
shall not exceed the amount agreed to in the Task Order, unless authorized
by contract amendment.
N. If the Consultant fails to satisfactorily complete a deliverable according to the
schedule set forth in a Task Order, no payment will be made until the
deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend this Agreement and may not exceed
the scope of work under this Agreement.
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P. The total amount payable by LOCAL AGENCY for all Task Orders resulting
from this contract shall not exceed $ 30,942.04 . It is understood
and agreed that there is no guarantee, either expressed or implied that this
dollar amount will be authorized under this contract through Task Orders.
ARTICLE VI - TERMINATION
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30)
calendar days written notice to CONSULTANT with the reasons for
termination stated in the notice.
B. LOCAL AGENCY may terminate this contract with CONSULTANT should
CONSULTANT fail to perform the covenants herein contained at the time and
in the manner herein provided. In the event of such termination, LOCAL
AGENCY may proceed with the work in any manner deemed proper by
LOCAL AGENCY. If LOCAL AGENCY terminates this contract with
CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to
CONSULTANT under this contract prior to termination, unless the cost of
completion to LOCAL AGENCY exceeds the funds remaining in the contract.
In which case the overage shall be deducted from any sum due
CONSULTANT under this contract and the balance, if any, shall be paid to
CONSULTANT upon demand.
C. The maximum amount for which the LOCAL AGENCY shall be liable if this
contract is terminated is $ 0 dollars
ARTICLE VII - COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et
seq., shall be used to determine the cost allowability of individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments.
C. Any costs for which payment has been made to CONSULTANT that are
determined by subsequent audit to be unallowable under 49 CFR, Part 18
and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000
et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.
ARTICLE VIII - RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et
seq., when applicable and other matters connected with the performance of the
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contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants,
and LOCAL AGENCY shall maintain and make available for inspection all books,
documents, papers, accounting records, and other evidence pertaining to the
performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their
respective offices at all reasonable times during the contract period and for three
years from the date of final payment under the contract. The state, State Auditor,
LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal
Government shall have access to any books, records, and documents of
CONSULTANT and it’s certified public accountants (CPA) work papers that are
pertinent to the contract and indirect cost rates (ICR) for audit, examinations,
excerpts, and transactions, and copies thereof shall be furnished if requested.
ARTICLE IX - AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post
audit of this contract that is not disposed of by agreement, shall be reviewed
by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT
may request a review by LOCAL AGENCY’S Chief Financial Officer of
unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY
will excuse CONSULTANT from full and timely performance, in accordance
with the terms of this contract.
ARTICLE X - SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual
relation between LOCAL AGENCY and any subconsultant(s), and no
subcontract shall relieve CONSULTANT of its responsibilities and obligations
hereunder. CONSULTANT agrees to be as fully responsible to LOCAL
AGENCY for the acts and omissions of its subconsultant(s) and of persons
either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by CONSULTANT. CONSULTANT’s
obligation to pay its subconsultant(s) is an independent obligation from
LOCAL AGENCY’S obligation to make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available
within its own organization and no portion of the work pertinent to this contract
shall be subcontracted without written authorization by LOCAL AGENCY’s
Contract Administrator, except that, which is expressly identified in the
approved Cost Proposal.
C. CONSULTANT shall pay its subconsultants within ten (10) calendar days
from receipt of each payment made to CONSULTANT by LOCAL AGENCY.
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D. All subcontracts entered into as a result of this contract shall contain all the
provisions stipulated in this contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by LOCAL
AGENCY’s Contract Administrator prior to the start of work by the
subconsultant(s).
ARTICLE XI - EQUIPMENT PURCHASE
A. Prior authorization in writing, by LOCAL AGENCY’s Contract Administrator
shall be required before CONSULTANT enters into any unbudgeted purchase
order, or subcontract exceeding $5,000 for supplies, equipment, or
CONSULTANT services. CONSULTANT shall provide an evaluation of the
necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in
CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by
LOCAL AGENCY’s Contract Administrator; three competitive quotations must
be submitted with the request, or the absence of bidding must be adequately
justified.
C. Any equipment purchased as a result of this contract is subject to the
following: “CONSULTANT shall maintain an inventory of all nonexpendable
property. Nonexpendable property is defined as having a useful life of at least
two years and an acquisition cost of $5,000 or more. If the purchased
equipment needs replacement and is sold or traded in, LOCAL AGENCY
shall receive a proper refund or credit at the conclusion of the contract, or if
the contract is terminated, CONSULTANT may either keep the equipment
and credit LOCAL AGENCY in an amount equal to its fair market value, or
sell such equipment at the best price obtainable at a public or private sale, in
accordance with established LOCAL AGENCY procedures; and credit LOCAL
AGENCY in an amount equal to the sales price. If CONSULTANT elects to
keep the equipment, fair market value shall be determined at
CONSULTANT’s expense, on the basis of a competent independent
appraisal of such equipment. Appraisals shall be obtained from an appraiser
mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is
determined to sell the equipment, the terms and conditions of such sale must
be approved in advance by LOCAL AGENCY.” 49 CFR, Part 18 requires a
credit to Federal funds when participating equipment with a fair market value
greater than $5,000 is credited to the project.
ARTICLE XII - STATE PREVAILING WAGE RATES
A. CONSULTANT shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section
Item 9.i. - Page 15
Page 13
1770, and all Federal, State, and local laws and ordinances applicable to the
work.
B. Any subcontract entered into as a result of this contract, if for more than
$25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the
provisions of this Article, unless the awarding agency has an approved labor
compliance program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work,
transportation and subsistence costs shall be reimbursed at the minimum
rates set by the Department of Industrial Relations (DIR) as outlined in the
applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
ARTICLE XIII - CONFLICT OF INTEREST
A. CONSULTANT shall disclose any financial, business, or other relationship
with LOCAL AGENCY that may have an impact upon the outcome of this
contract, or any ensuing LOCAL AGENCY construction project.
CONSULTANT shall also list current clients who may have a financial interest
in the outcome of this contract, or any ensuing LOCAL AGENCY construction
project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire
any financial or business interest that would conflict with the performance of
services under this contract.
ARTICLE XIV - REBATES, KICKBACKS OR OTHER UNLAWFUL
CONSIDERATION
CONSULTANT warrants that this contract was not obtained or secured through
rebates kickbacks or other unlawful consideration, either promised or paid to any
LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL
AGENCY shall have the right in its discretion; to terminate the contract without
liability; to pay only for the value of the work actually performed; or to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback
or other unlawful consideration.
ARTICLE XV - PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR
FEDERAL FUNDS FOR LOBBYING
(N/A – Contract is less than $150,000 in federal funds)
ARTICLE XVI - STATEMENT OF COMPLIANCE
A. CONSULTANT’s signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California
Item 9.i. - Page 16
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that CONSULTANT has, unless exempt, complied with, the nondiscrimination
program requirements of Government Code Section 12990 and Title 2,
California Administrative Code, Section 8103.
B. During the performance of this Contract, Consultant and its subconsultants
shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS),
mental disability, medical condition (e.g., cancer), age (over 40), marital
status, and denial of family care leave. Consultant and subconsultants shall
insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant
and subconsultants shall comply with the provisions of the Fair Employment
and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable
regulations promulgated there under (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990 (a-f),
set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this Contract by reference and made a part
hereof as if set forth in full. Consultant and its subconsultants shall give
written notice of their obligations under this clause to labororganizations with
which they have a collective bargaining or other Agreement.
C. The Consultant shall comply with regulations relative to Title VI
(nondiscrimination in federally-assisted programs of the Department of
Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation
of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of
federal assistance will implement and maintain a policy of nondiscrimination
in which no person in the state of California shall, on the basis of race, color,
national origin, religion, sex, age, disability, be excluded from participation in,
denied the benefits of or subject to discrimination under any program or
activity by the recipients of federal assistance or their assignees and
successors in interest.
D. The Consultant, with regard to the work performed by it during the Agreement
shall act in accordance with Title VI. Specifically, the Consultant shall not
discriminate on the basis of race, color, national origin, religion, sex, age, or
disability in the selection and retention of Subconsultants, including
procurement of materials and leases of equipment. The Consultant shall not
participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the U.S. DOT’s Regulations, including employment practices
when the Agreement covers a program whose goal is employment.
Item 9.i. - Page 17
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ARTICLE XVII - DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT’s signature affixed herein, shall constitute a certification under
penalty of perjury under the laws of the State of California, that
CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to
Agencies on Government wide Debarment and Suspension
(nonprocurement)”, which certifies that he/she or any person associated
therewith in the capacity of owner, partner, director, officer, or manager, is not
currently under suspension, debarment, voluntary exclusion, or determination
of ineligibility by any federal agency; has not been suspended, debarred,
voluntarily excluded, or determined ineligible by any federal agency within the
past three (3) years; does not have a proposed debarment pending; and has
not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three (3) years. Any exceptions to this certification
must be disclosed to LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award,
but will be considered in determining CONSULTANT responsibility.
Disclosures must indicate to whom exceptions apply, initiating agency, and
dates of action.
C. Exceptions to the Federal Government Excluded Parties List System
maintained by the General Services Administration are to be determined by
the Federal highway Administration.
Item 9.i. - Page 18
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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 Lillian D. Jewell
Its:
Attest: President
Kelly Wetmore, City Clerk
Approved As To Form:
Heather K. Whitham, City Attorney
Item 9.i. - Page 19
Page 17
EXHIBIT A
SCOPE OF WORK
Right of way acquisition and appraisal services to acquire temporary construction
easements (TCE’s) for the Bridge Street Bridge Rehabilitation project.
Item 9.i. - Page 20
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EXHIBIT B
PAYMENT SCHEDULE
Direct Labor $23,292.04
Other Direct Costs 7,650.00
Right of Way Services $30,942.04
Item 9.i. - Page 21
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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
Item 9.i. - Page 22
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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.
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.i. - Page 23
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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.i. - Page 24
Page 22
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.i. - Page 25
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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.i. - Page 26
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EXHIBIT D
CITY’S REQUEST FOR PROPOSAL
Item 9.i. - Page 27
From: Jill McPeek
Sent: Wednesday, March 07, 2018 2:47 PM
To: 'cspringford@hamner-jewell.com'
Cc: Teresa McClish
Subject: Request for Proposal - Real Property Acquisiton Services for Bridge Street
Bridge Rehabilitation Project, Arroyo Grande, CA
Attachments: City of Arroyo Grande Standard Agreement for Consultant Services.pdf
Good Afternoon,
The City of Arroyo Grande is seeking R/W Acquisition and Appraisal services for the subject Federal-aid
project. The City’s design consultant has identified parcels that will require a Temporary Construction
Easement (TCE):
Based on the above, the City is requesting assistance through the temporary construction easement
acquisition process. This may include, but not be limited to:
Valuations and appraisals
Offer package preparation
Accompany City staff at meetings with property owners
Agreement preparation, approvals and filing
It is the City’s desire to complete the TCE acquisition process in 2018 as construction is currently
anticipated in 2019. The City will provide Preliminary Title Reports, project plans, R/W maps, and Plats &
Legal descriptions (for properties not owned by the City). The successful consultant will be required to
sign the City’s Standard Agreement for Consultant Services, including provisions required for Local
Assistance Federal-aid projects (attached). There is a 0% DBE goal for these services, and the City has
received authorization to proceed with the R/W phase of the project.
If this is something your firm is interested in, please submit a brief scope and fee by 4:00 pm on
Wednesday, March 28, 2018 to the following. E-mail responses are acceptable.
City of Arroyo Grande
Attn: Jill McPeek, Capital Improvement Project Manager
300 East Branch Street
Arroyo Grande, CA 93420
EXHIBIT D
Item 9.i. - Page 28
ARROYO GRANDE -BRI DGE STREET
TCEAREAS
APN TCE AREA (SF)
007-481·001 2727.28
007-481-011 18622.27
007-481-012 946.24
007-491-016 10284.12
007-491•040 24262.63
007•491·041 9816.20
007-491-013 1848.91
007-491-042 125.51
TCE AREA (ACRE)
0.06
0.43
0.02
0.24
0.56
0.23
0.04
0.00
OWNER
Hometown Ventures LLC
Minas Kaloosi an
So Co Historical Society
Brisco Family Revocable Trust
City of Arroyo Grande
City of Arroyo Grande
City of Arroyo Grande
City of Arroyo Grande
jmcpeek@arroyogrande.org
(805) 473-5444
Jill :)
Jill McPeek
Capital Improvement Project Manager
City of Arroyo Grande Public Works
1375 Ash Street, Arroyo Grande CA 93420
Office: (805) 473-5444
Fax: (805) 473-5462
www.arroyogrande.org
The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to
whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for
delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply
email or phone and delete the message. Please note that email correspondence with the City of Arroyo Grande, along with
attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise
exempt by law.
Item 9.i. - Page 29
Page 25
EXHIBIT E
CONSULTANT’S PROPOSAL
Item 9.i. - Page 30
Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459
Ventura County Office 4476 Market Street, Suite 601, Ventura, CA 93003 (805) 658-8844
Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559)412-8710
March 15, 2018
via email to: jmcpeek@arroyogrande.org
City of Arroyo Grande
Attn: Jill McPeek, Capital Improvement Project Manager
300 East Branch Street
Arroyo Grande, CA 93420
Subject: City of Arroyo Grande – Bridge Street Project
Real Property Acquisition Services for Bridge Rehabilitation
Dear Jill,
Thank you for contacting our firm to solicit assistance with real property acquisition services for the City
of Arroyo Grande’s Bridge Street Bridge Rehabilitation Project. As you know, our firm’s corporate office
is located down the street from the project location. We would be pleased to assist you with the real property
aspects of your project. We specialize in right of way acquisition and real property consulting for public
projects and perform our services in conformance with the California Government Code, eminent domain
laws, the Code of Civil Procedure, and the Federal Uniform Act.
From our meeting and the provided documents, it is my understanding that you seek our assistance with
acquiring temporary construction easements (TCEs) from the following four ownerships:
Parcel APN TCE Area Owner
A 007-481-001 2,727.28 SF Hometown Ventures LLC
B 007-481-011 18,622.27 SF Minas Kaloosian
C 007-481-012 946.24 SF South County Historical Society
D 007-491-016 10,284.12 SF Brisco Family Revocable Trust
Additionally, the following City owned parcels will be involved in the project area. However, rather than
obtain TCEs for these properties, we recommend that the City simply indicate the work areas that would
be available to the contractor in the respective contracts and bid documents. This will save the City
additional costs associated with obtaining property rights for its own properties. If the City still wishes to
obtain TCEs for these properties, we will gladly follow your approach as our services are provided as an
extension of the City staff and therefore our goals and objectives go hand in hand with the City. Such
services are included in this proposal.
Parcel APN TCE Area Owner
E 007-491-040 24,262.63 SF City of Arroyo Grande
F 007-491-041 9,816.20 SF City of Arroyo Grande
G 007-491-013 1,848.91 SF City of Arroyo Grande
H 007-491-042 125.51 SF City of Arroyo Grande
HAMNER, JEWELL & ASSOCIATES
Government Real Estate Services
Right of Way Acquisition ~ Relocation Assistance ~ Real Property Consulting
Offices in Ventura, San Luis Obispo and Fresno Counties
Writer’s Telephone Number: (805) 773-1459
Writer’s email address: cspringford@hamner-jewell.com
EXHIBIT E
Item 9.i. - Page 31
HAMNER
JEWELL
~SSOCIATES
Jill McPeek
Bridge Street Bridge Project
March 15th, 2018
Page 2 of 3
The City will provide us with project plans, right of way maps, legal descriptions and plats sufficient to use
with the easement deeds that are needed for the project from the above-listed private properties. We
understand that you will also provide the preliminary title reports. Once we have the maps, plats, area
calculations and descriptions that clearly describe the areas needed for construction of this project, we can
proceed with the temporary easement acquisition process. We understand that you may choose to use local
funds for the right of way portion of this project, however this proposal is based on an easement acquisition
process that is compliant with federal standards and Caltrans oversight.
Local appraiser, Ed Hawkes, will provide appraisals for the valuation of these TCEs on the Minas Kaloosian
(Parcel B) and Brisco properties (Parcel D). Appraiser Dennis Greene will perform appraisal reviews of
Hawkes’ appraisals to comply with federal appraisal review requirements. For Hometown Ventures (Parcel
A) and South County Historical Society (Parcel C), our staff will complete “waiver valuations” which are
used to value nominal value acquisitions (non-complex acquisitions estimated to be less than $10,000 in
value), assuming that condemnation will not be required. We recommend using waiver valuations as a cost
and time saving measure.
Once the valuations and appraisals are completed, we will present them to the City for review and approval,
and prepare offer packages for presentation to each involved property owner. Our offer packages will
include an offer letter, appraisal or valuation summary statement, proposed acquisition agreement,
temporary construction easement deed, and informational brochure. These documents would be presented
to you for City review and pre-approval prior to presenting offers to the property owners. After offer
presentation, we would pursue agreements with each owner to finalize the easements. We would process
all documents for necessary approvals and coordinate any escrows and closings (escrows may not be
utilized for low value easements). It is always our goal to reach mutually acceptable amicable agreements,
and we have an excellent track record of doing so.
To assist you with these services, we propose to bill monthly in accordance with our company fee schedule.
We would work closely with you and your project team to ensure that we are investing our efforts in
accordance with your needs and preferences. In any case where one is working with people rather than
completing an independently controllable task, it is always difficult to speculate in advance the specific
amount of time that may be required to complete our goals. Our efforts are impacted by the level of
accessibility and responsiveness of the property owners. Some will require much more time than others in
coming to terms and finalizing documents required for the purposes of the project. However, for your
budgetary and contractual purposes, based upon our lengthy experience with such tasks and our discussion
of the nominal impact of these easements, we propose the attached cost proposal.
This proposal is conditioned on no structures being impacted, the Hometown Ventures and South County
Historical Society temporary easement acquisitions being of nominal value (non-complex and less than
$10,000) and no relocations of people or businesses. We will bill only for time and expenses actually
expended on the project’s behalf, in accordance with the provisions of our attached cost proposal. This
estimate is based upon a presumption of no more than two owners per parcel; additional owners may require
additional time and budget. The City shall by solely responsible for the payment of any appraisal
reimbursement claims by property owners seeking their own appraisals and for payments of compensation
to owners, escrow and title fees. The City shall provide all legal review of documents at no expense or
liability to HJA and any and all costs incurred by City in conjunction with any Necessity hearing process
and litigation associated with acquiring the sought rights via eminent domain shall be solely borne by the
City. HJA shall have no responsibility whatsoever for costs associated with eminent domain actions,
inverse condemnation actions, or construction damage claims.
Although this proposal is based upon a projected 12-month maximum project timeline for the right of way
acquisition process, depending on owner responsiveness, we hope to complete the acquisition process
within four months commencing when we have approval of the valuations and authorization by the City to
present offers. If agreement is not reached with the owners within required project timelines after purchase
Item 9.i. - Page 32
Item 9.i. - Page 33Jill McPeek Bridge Street Bridge Project March 15th, 2018 Pa e 3 of3 offers have been made and a reasonable time for negotiations has lapsed, we will coordinate with you and the City Attorney, if necessary, in conjunction with the scheduling of any Necessity Hearings. If you have any questions or will require anything further in order to retain us to assist you with these efforts, please contact me at either (805) 773-1459 or cspringford@hamner-jewell.com. We look forward to the opportunity to work with you on this project. Sincerely, Enc: Cost Proposal
Consultant Contract No. Date 3/15/2018
dba Hamner, Jewell & Associates
Project Nam
RIGHT OF WAY SERVICES:
DIRECT LABOR Hours
Hourly Billing
Rate ($) Total ($)
Managing Senior Associate 2 $227.67 $455.34
Senior Associate II/ Project Manager 40 $146.69 $5,867.60
Senior Associate I $124.39 $0.00
Right of Way Agt II 50 $101.64 $5,082.00
Right of Way Agt I 90 $76.23 $6,860.70
Project Coordinator/Quality Ctrl 5 $94.41 $472.05
Transaction/Escrow Coordinators 40 $76.23 $3,049.20
Clerical Support 20 $42.00 $840.00
Total Hours 245 Total Direct Labor $22,171.55
OTHER DIRECT COST
Description Unit(s)Unit Cost
Title Reports 0 $0.00 $0.00
Appraisals 2 $2,800.00 $5,600.00
Appraisal Reviews 2 $1,000.00 $2,000.00
Postage/Delivery/Mileage 1 $50.00 $50.00
Total Other Direct Costs $7,650.00
ANTICIPATED SALARY INCREASES
Total Direct Labor x 3.00%$22,171.55 3.0%$665.15
TOTAL COST $30,486.70
NOTES:
• Direct Cost items will be based on actual costs incurred without markup.
• 2 appraisals, 2 appraisal reviews, 2 waiver valuations, and 0 Preliminary Title Reports are included.
• We will bill only for actual time and expenses expended.
Rates will be adjusted at commencement of each fiscal year on July 1.
• Maximum of 4 parcels. (TCEs) Plus TCEs on City parcels.
• DOES NOT include preparation of right of way certification for client execution.
COST PROPOSAL
(RIGHT OF WAY SERVICES)
Beacon Integrated Professional Resources, Inc.
Bridge Street Bridge Rehabilitation Project
City of Arroyo Grande - 2018
Prime Contractor: HJA Item 9.i. - Page 34