CC 2016-04-12_09e Agreement_Swinging Bridge EvaluationMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATT HORN, CITY ENGINEER
SUBJECT: CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR
CONSULTANT SERVICES WITH QUINCY ENGINEERING FOR
SWINGING BRIDGE EVALUATION
DATE: APRIL 12, 2016
RECOMMENDATION:
It is recommended the City Council: (1) approve an Agreement for Swinging Bridge
Evaluation with Quincy Engineering for an amount not to exceed $33,000; and (2)
appropriate $5,000 from the Local Sales Tax Fund to support Phase One work.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The Swinging Bridge Evaluation work was funded in the amount of $40,000. Obtaining
geotechnical ground borings cost $3,000. Completing necessary maintenance work on
the Swinging Bridge cost $9,000, leaving an available project budget of $28,000. The
Phase One Swinging Bridge Evaluation work will cost $33,000. The Consultant has
estimated the Phase Two work to cost in the ra nge of $37,000 to $47,000. Once the
Phase Two work is complete, a construction estimate will be provided and funds
budgeted appropriately at that time. The Local Sales Tax fund has an unappropriated
balance of $230,000 to support this request.
Funding Table
Budget $40,000
Geotechnical Expense -$3,000
Maintenance Work Expense -$9,000
Available Project Funds $28,000
Estimated Swinging Bridge Evaluation Cost
Phase One $33,000
Phase Two $47,000
At this time, Phase Three construction costs are unknown.
Item 9.e. - Page 1
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR CONSULTANT
SERVICES WITH QUINCY ENGINEERING FOR SWINGING BRIDGE EVALUATION
APRIL 12, 2016
PAGE 2
BACKGROUND:
The Swinging Bridge was originally constructed in early 1875 by the Short family,
whose land was divided by the Arroyo Grande Creek. The bridge span length from
cable tower to cable tower is approximately 133 feet and is suspended 40 feet above
Arroyo Grande Creek. The Swinging Bridge is owned and maintained by the City of
Arroyo Grande.
During a review of the Swinging Bridge, indications were observed that one of the
cable towers was rotating in toward the creek, bridge abutment undermining was
observed, and the cabling that supports the bridge appeared to have differential
amounts of tension and failed anchorage. At that time, the project was placed into the
Capital Improvement Plan for evaluation and future correction.
Item 9.e. - Page 2
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR CONSULTANT
SERVICES WITH QUINCY ENGINEERING FOR SWINGING BRIDGE EVALUATION
APRIL 12, 2016
PAGE 3
Schematic Plan View of Swinging Bridge
Currently the Swinging Bridge is closed for maintenance work , but nearing completion.
Based on available information maintenance and repair work has occured at periodic
intervals. The Swinging Bridge’s major maintenance work has occurred in 1913, 1918,
1947, 1953 and 1985. More exhaustive repairs were completed in 1995 after a tree fell
on the Swinging Bridge.
Item 9.e. - Page 3
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR CONSULTANT
SERVICES WITH QUINCY ENGINEERING FOR SWINGING BRIDGE EVALUATION
APRIL 12, 2016
PAGE 4
Photo of Swinging Bridge damage in 1995
This current maintenance work is in addition to the Swinging Bridge Evaluation work
that is the subject of this request. The maintenance work consists of replacing normal
wear and tear items of the Swinging Bridge’s surface elements including:
bridge deck walkway,
hand-railing boards,
bridge railing fencing,
several lose and broken connections; and
paint.
City maintenance staff completed a majority of this work in order to expedite the repairs
at the same time as reducing overall costs.
Running concurrently with the Swinging Bridge maintenance efforts is this Capital
Improvement Plan project to secure a Structural Engineering firm to address the
structural integrity of the Swinging Bridge.
ANALYSIS OF ISSUES:
In order to complete this work, consultant services are required. Consultant services
were solicited in order to obtain expertise in the field of structural engineering. On
January 8, 2016 a Request for Proposals (RFP) was issued to obtain consultant
services to complete the Swinging Bridge Evaluation. On February 16, 2016 Proposals
were opened and six (6) proposals were received. Proposals were furnished from the
following firms:
Cornerstone Structural Engineering Group
Kleinfelder
KPFF
Item 9.e. - Page 4
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR CONSULTANT
SERVICES WITH QUINCY ENGINEERING FOR SWINGING BRIDGE EVALUATION
APRIL 12, 2016
PAGE 5
OPAC
Praxis Consolidated International
Quincy Engineering
Proposals were reviewed by a committee comprised of three (3) City staff members
and ranked based on the following publically advertised criteria:
Demonstrated competence, professional qualifications of proposed staff.
Recent experience in successfully performing similar services.
Proposed work plan to evaluate the Swinging Bridge.
With a maximum of 30 points available per reviewer and the total points available per
consultant of 90, the committee ranked the proposals as follows:
Company Ranking
Quincy Engineering 71
OPAC 69
Kleinfelder 68
KPFF 68
Cornerstone Structural Engineering Group 67
Praxis Consolidated International 64
The review committee recommends awarding a contract to Quincy Engineering for the
Swinging Bridge Evaluation.
Project Approach
Based on the unknowns of the necessary repairs, this project is recommended for
phasing. Phase One scope of work would include an evaluation of the critical
components of the bridge and provide recommend simple retrofit measures that could
provide increased strength of the Swinging Bridge that will allow the bridge to be safer
with increased pedestrian loading. Phase One of the project would include:
Survey of the bridge and cables;
Inspection of Bridge Members, Joints and Connections; and
Bridge Load Rating Analysis.
At the conclusion of the Phase One work, the City will be provided a report of the
evaluation. This report will provide the basis for Phase Two work. Phase Two of the
project will leverage the work that was completed in Phase One and provide the
necessary plans, specifications and cost estimates so that the City may publically
advertise the repair project for a contractor to complete. This construction work is
considered the final phase of the project or Phase Three.
The City will receive the highest value for funds expended by using this phased
approach. Not requiring the Consultant to provide a fixed fee for the Phase Two work
before the problem and solution is known removes the financial risk to the Consultant.
Item 9.e. - Page 5
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR CONSULTANT
SERVICES WITH QUINCY ENGINEERING FOR SWINGING BRIDGE EVALUATION
APRIL 12, 2016
PAGE 6
If the Consultant is required to provide a fixed fee for Phase Two now, it would require
the Consultant to provide a larger fee to do this work in order to fund unknowns.
Staff is recommending that a contract be awarded for Phase One work, allow the
problems and solutions to be discovered, return to Council with a report of the findings
and at that same time amend the Consultant’s agreement to fund the Phase Two work.
With this approach, the goal of this Phase One work is to have the Swinging Bridge
open and available for the Strawberry Festival in May 2016 with the largest pedestrian
load rating that is safe.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Approve the Agreement with Quincy Engineering;
Do not approve the Agreement with Quincy Engineering; or
Provide direction to staff.
ADVANTAGES:
Awarding an Agreement to Quincy Engineering and using a phased project approach
will allow the City to open the Swinging Bridge with the largest pedestrian load limit for
the Strawberry Festival. Additionally, it allows the bridge evaluation to move forward in
the most expeditious manner. Finally, this phased approach will allow the City Council
the best available information to make financial decisions along this project ’s path to
completion.
DISADVANTAGES:
None known at this time.
ENVIRONMENTAL REVIEW:
In compliance with California Environmental Quality Act (CEQA) the project is
categorically exempt per section 15061(b)(3) of the CEQA Guidelines.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, April 7, 2016. The Agenda
and staff report were posted on the City’s website on Friday, April 8, 2016.
Item 9.e. - Page 6
AGREEMENT FOR CONSULTANT SERVICES
This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”), is made and
effective as of April 13 2016, between Quincy Engineering, Inc (“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 April 13, 2016 and shall remain and
continue in effect until April 13, 2018 unless sooner terminated pursuant to the
provisions of this Agreement. This Agreement may be extended for two (2) additional
one (1) year periods after the Initial Term upon written agreement by City and
Consultant. All terms and conditions of this Agreement shall apply to any additional one
(1) year terms.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth in the City’s Request For Proposals, Exhibit “A” and Consultant’s
Proposal, Exhibit “B”, and 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
The City Engineer shall represent City in all matters pertaining to the
administration of this Agreement. Mark Reno 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 Consultant’s Proposal, Exhibit “B”, attached hereto and incorporated
herein by this reference. The Consultant must correct any errors or omissions to work
at no additional cost to the City.
Item 9.e. - Page 7
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.
(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 Initial Term specified in Section 1, unless otherwise
extended.
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 Engineer 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.
Item 9.e. - Page 8
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;
(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 five (5) 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
Item 9.e. - Page 9
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files. Upon request by City, Consultant shall make
available all work papers and reports to any successor auditor in a timely manner.
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
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.
d) Indemnification for Design Professional Services. 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 ("
Indemnified Parties") 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 the Consultant.
Item 9.e. - Page 10
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.e. - Page 11
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 Engineer 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
City Engineer
300 East Branch Street
Arroyo Grande, CA 93420
To Consultant: Quincy Engineering, Inc.
Mark Reno
11017 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
Item 9.e. - Page 12
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. Time
constraints are selection factors on individual service request. The consultant must start
work within two weeks from receipt of a written authorization to proceed unless an
alternate timeframe has been agreed upon. The City expects the work to be actively
pursued until complete.
22. CONTENTS OF REQUEST FOR QUALIFICATIONS AND PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposal, Exhibit
“A”, attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Consultant. In the event of a conflict, the requirements of
City’s Request for Proposal 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.e. - Page 13
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
onbehalf 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.e. - Page 14
EXHIBIT A -CITY'S REQUEST FOR PROPOSALS
Item 9.e. - Page 15
City of Arroyo Grande
RFP for Swinging Bridge Evaluation CIP Project Number 5620 Page 4
SECTION A - DESCRIPTION OF WORK
Background
The Swinging Bridge was originally constructed in early 1875 by the Short family, whose
land was divided by the Arroyo Grande Creek. The bridge spans a total length 171 feet
and is suspended 40 feet above the creek. It's owned and maintained by the City of
Arroyo Grande and is the only one of its kind in California. The bridge was so useful
that the City added sides to the bridge in 1911. The bridge was damaged by a falling
tree in March 1995. With strong community support, it was completely restored in May
1995. The bridge deck is approximately 3 feet wide and used solely for pedestrians.
Item 9.e. - Page 16
City of Arroyo Grande
RFP for Swinging Bridge Evaluation CIP Project Number 5620 Page 5
Bridge Evaluation
The City is requesting the services of an experienced structural engineering firm to
complete an evaluation of the Swinging Bridge. This evaluation should include an
evaluation of all bridge components including:
• Cabling
• Support systems, including abutments
• Decking
• Connections
The evaluation must also include:
• an analysis of the bridge’s load capacity and if necessary provide
recommendations on load restrictions;
• identification of any deficiencies and estimated repair cost for budgeting
purposes;
• recommendations for remediation and repair of all identified deficiencies,
including but not limited to design exhibits and repair specifications;
• review of previously collected geotechnical data and evaluation of options for
stabilization of the current bridge abutments; and
• recommended maintenance and inspection intervals.
Item 9.e. - Page 17
City of Arroyo Grande
RFP for Swinging Bridge Evaluation CIP Project Number 5620 Page 6
SECTION B - GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal
(Consultant) shall meet all of the terms, and conditions of the Request for Proposals
(RFP). By virtue of its proposal submittal, the Consultant acknowledges agreement
with and acceptance of all provisions of the RFP.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided and
accompanied by any other required submittals or supplemental materials. Proposal
documents must be enclosed in an envelope that shall be sealed and addressed to
the Community Development Department, City of Arroyo Grande, 300 East Branch
Street, Arroyo Grande, CA, 93420. Each proposal submittal must include one
electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash
drive. In order to guard against premature opening, the proposal should be clearly
labeled with the request title, request number, name of Consultant, and date and
time of proposal opening. No FAX submittals will be accepted.
3. Submittal of References. Each proposer shall submit a statement of qualifications
and references on the form provided in the RFP package.
4. Statement of Contract Disqualifications. Each proposer shall submit a statement
regarding any past government disqualifications on the form provided in the RFP
package.
5. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal,
without prejudice prior to the time specified for the proposal opening, by submitting a
written request to the City Engineer for its withdrawal, in which event the proposal
will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals"
will be considered.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall
be allowed to make or file, or to be interested in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business
entity that has submitted a sub-proposal to a Consultant submitting a proposal, or
who has quoted prices on materials to such Consultant, is not thereby disqualified
from submitting a sub-proposal or from quoting prices to other Consultants
submitting proposals.
7. Communications. All timely requests for information submitted in writing will
receive a written response from the City. Telephone communications with City staff
are not encouraged, but will be permitted. However, any such oral communication
shall not be binding on the City.
Item 9.e. - Page 18
City of Arroyo Grande
RFP for Swinging Bridge Evaluation CIP Project Number 5620 Page 7
8. Alternative Proposals. When specifically requested, the proposer may submit an
alternative proposal (or proposals) that it believes will also meet the City's project
objectives but in a different way. In this case, the proposer must provide an analysis
of the advantages and disadvantages of each of the alternatives, and discuss under
what circumstances the City would prefer one alternative to the other(s). If an
alternative proposal is submitted, the maximum length of the proposal may be
expanded proportionately by the number of alternatives submitted.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals
for a period of 60 days for examination and comparison. The City also reserves the
right to waive non-substantial irregularities in any proposal, to reject any or all
proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special
Terms and Conditions" in Section C for proposal evaluation criteria.
10. Competency and Responsibility of Consultant. The City reserves full discretion
to determine the competence and responsibility, professionally and/or financially, of
Consultants. Consultants will provide, in a timely manner, all information that the
City deems necessary to make such a decision.
11. Contract Requirement. The Consultant to whom award is made (Consultant) shall
execute a written contract with the City within ten (10) calendar days after notice of
the award has been sent by mail to it at the address given in its proposal. The
contract shall be made in the form adopted by the City and incorporated in this
request.
12. Insurance Requirements. The Consultant shall provide proof of insurance in the
form, coverages and amounts specified in this request within ten (10) calendar days
after notice of contract award as a precondition to contract execution.
13. Business License & Tax. The Consultant must have a valid City of Arroyo Grande
business license and tax certificate before execution of the contract.
14. Failure to Accept Contract. The following will occur if the Consultant to whom the
award is made (Consultant) fails to enter into the unaltered contract: the award will
be annulled and an award may be made to the next highest ranked Consultant.
Item 9.e. - Page 19
City of Arroyo Grande
RFP for Swinging Bridge Evaluation CIP Project Number 5620 Page 8
SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. References
c. Statement of Past Disqualifications
d. Standard hourly billing rates for consultant and sub-consultant staff
2. Qualifications
e. Experience of your firm in providing similar services.
f. Experience of the staff to be assigned to this work in performing similar services.
g. Resumes of the individuals who would be assigned to this work.
3. Work Program
h. Description of your approach to evaluating the Swinging Bridge.
i. Services or data anticipated to be provided by the City.
j. Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
k. Proposals should be the minimum length to provide the required information.
Charts and other short form approaches to conveying information are
encouraged.
l. 3 copies of the proposal must be submitted.
m. 1 Adobe Acrobat PDF electronic copy.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as
follows:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the proposals will be based on the following qualifications:
1. Demonstrated competence, professional qualifications of proposed staff. (10
points)
2. Recent experience in successfully performing similar services. (10 points)
3. Proposed work plan to evaluate the Swinging Bridge. (10 points)
Proposals will be reviewed by a selection committee and ranked in accordance with
the above criteria. Where one or more proposals are rated consistently higher than
Item 9.e. - Page 20
City of Arroyo Grande
RFP for Swinging Bridge Evaluation CIP Project Number 5620 Page 9
others, the consultants may be selected as the top ranked consultants for purposes
of contract negotiation.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and
contract award:
Issue RFP ................................................. January 8, 2016
Receive proposals ................................. February 12, 2016
Award contract ........................................... March 22, 2016
Item 9.e. - Page 21
EXHIBIT B - CONSULTANT’S PROPOSAL
Item 9.e. - Page 22
March 21, 2016
City of Arroyo Grande
Community Development Department
Attention: Mr. Matt Horn, PE, City Engineer
300 East Branch Street
Arroyo Grande, California 93420
Re: Cost Estimate for the Swinging Bridge Evaluation, CIP Project Number 5620
Dear Mr. Horn:
It is our pleasure to submit Quincy Engineering, Inc.’s (Quincy) updated Cost Proposal for the Swinging Bridge Project.
As you review our Cost Proposal, you’ll notice that it:
Corresponds to the updated Scope of Work tasks included in the proposal; and
Is ready for attachment to a contract.
It is understood that the original budget amounts would not be sufficient for our original proposed work plan for
project. Quincy has adapted the scope of work to assist the City of Arroyo Grande with the goal of opening the bridge
during the Strawberry Festival in May 2016.
Quincy proposes a two phase approach toward the evaluation and retrofit. Phase 1 ‐ Scope of Work would
include an evaluation of the critical components of the bridge and the development of simple retrofit
measures that could possibly allow the bridge to be safely opened to the public for a limited duration.
Phase 2 of the scope of work would evaluate the wind cable anchorages, abutment foundations, and causes
of the recent cable hanger fractures. Retrofit measures would be developed to insure that the bridge
remains functional for the long term. We would be happy to further discuss this with the City.
Based on our updated Phase 1 ‐ Scope of Work, our Not to Exceed Cost is $33,000.
Based on our updated Phase 2 ‐ Scope of Work, our Not to Exceed Cost is in the range of $37,000 to $47,000.
It is important to note that these costs represent the engineering costs. The construction costs as well as the City
support costs would be on top of these. In the event that the information contained herein is different than what you
expected, please contact us and we will adjust the scope and cost proposal accordingly. Please feel free to contact me
at (916) 368‐9181, via my personal cell phone at (916) 799‐3891, or via my email at markr@quincyeng.com
We are eager and are available to begin work immediately. The entire Quincy Team looks forward to working with
you and your staff on this important and urgent project.
If you have any questions or need additional information, please do not hesitate to call me. Your call will receive my
immediate attention.
Sincerely,
QUINCY ENGINEERING, INC.
Mark L. Reno, PE John Quincy, PE
Principal Engineer / Project Manager President
www.quincyeng.com | 11017 Cobblerock Drive, Suite 100 | Rancho Cordova, CA 95670 | P: 916.368.9181 | F: 916.368.1308
Item 9.e. - Page 23
RFP: Swinging Bridge Evaluation | City of Arroyo Grande| Quincy Engineering, Inc.Page 1
Scope of Work – Short‐Term Evaluation
Quincy Engineering, Inc. (Quincy) has adapted the scope of work to assist the City of Arroyo Grande (City) with the
goal of opening the bridge during the Strawberry Festival in May 2016. We proposes a two phase approach toward the
evaluation and retrofit. Phase 1 of the scope of work would include an evaluation of the critical components of the
bridge and the development of simple retrofit measures that could possibly allow the bridge to be safely opened to the
public for a limited duration. Phase 2 of the scope of work would evaluate the wind cable anchorages, abutment
foundations, and causes of the recent cable hanger fractures. Retrofit measures would be developed to insure that the
bridge remains functional for the long term. The scope of work described below addresses the Phase 1 work.
Quincy Engineering, Inc. would like to utilize our vast experience with repair projects and provide the following
approach:
TASK 1 - PROJECT MANAGEMENT AND REVIEW MEETINGS
Task 1.1 – Project Management
Quincy will provide general project management during the project which
includes tracking of project engineering design budget, administrative costs,
project progress reporting, project schedule management, and project
management coordination with the City.
Task 1.2 – Review Meetings
A kick‐off teleconference will be held after the Notice to Proceed and will
introduce the Project Team, establish communication channels, set the
project schedules, clarify the Scope of Work, and define the roles and responsibilities of the various Team members.
Upon completion of the existing bridge evaluation, Quincy will schedule teleconference with the City to discuss the
report findings and recommendations. For each meeting, Quincy will distribute an approved meeting agenda, arrange
attendance of key team members, and distribute meeting minutes.
TASK 2 – SURVEY
Quincy will utilize the services of McMillan Land Surveys to document the
layout of the existing bridge. The survey will provide the following:
1. Profile of all main cables including anchorage
2. Profile of all wind cables including anchorage
3. Deck elevation along length of bridge
4. Floor beam and hanger locations
5. Abutment layout
6. Channel bottom at centerline of bridge
The suspension cable will be surveyed to determine its current drape (shape) for comparison with the
previously known shape from as‐built plans. The drape of the cable is important because it allows one to
determine the precise tension load in the cable and its reserve capacity for current LRFD design live load.
Calibrating the cable drape locations in the model verified by the field measurements is essential to obtaining
accurate results.
TASK 3 – INSPECTION OF BRIDGE MEMBER/JOINTS
Quincy will perform an extensive site review and will review existing records, reports, as‐builts, and bridge inspection
reports. The site review will include an inspection of the bridge to inventory the structural elements. The inspection
will verify the general structural configuration with the as‐built plans. The inventory will provide the basis for any
recommended for rehabilitation of the bridge.
Access to the floor framing members will require the services of a carpenter to remove and replace at least three portions
of the bridge deck to inspect the concealed floor framing. Access to the top of the tower can be achieved with the use
Task 1 Deliverables:
Kick-off Teleconference Agenda and
Meeting Minutes
Teleconference with City to discuss
report findings
Task 2 Deliverables:
AutoCad file of survey
Item 9.e. - Page 24
RFP: Swinging Bridge Evaluation | City of Arroyo Grande| Quincy Engineering, Inc.Page 2
Scope of Work – Short‐Term Evaluation
of an extension ladder. Quincy has assumed that the City of Arroyo Grande will provide the staff and equipment to
provide access to the deck and tower. The bridge should be closed to the public during the inspection.
QEI will document the condition of the following members and their connections:
Railing system (including hand rails, vertical posts, diagonal kickers, and grid fence)
Decking
Stringers
Floor Beams
Diagonal bracing (ʺtrussʺ beneath decking)
Hangers
Main Cables
Wind Cables
Towers
TASK 4– BRIDGE LOAD RATING
Quincy will create a non‐linear finite element model of the existing bridge to evaluate the load capacity of the existing
bridge members. The evaluation will consider existing dead loads, pedestrian live loads and wind load.
The following members and their connections will be investigated:
Decking
Stringers
Floor Beams
Hangers
Main Cables including anchorage
Wind Cables not including anchorage
Towers
The scope of work will not include an evaluation of seismic loads, construction loads, pedestrian comfort or
aerodynamic instability.
TASK 5 – EVALUATION REPORT
Quincy will prepare a technical memorandum that documents the results of the bridge inspection and analysis:
Description of bridge vulnerabilities
Recommend load restriction if appropriate
Prioritized list of recommended repairs along with
proposed repair details and specifications
Task Deliverables:
Electronic PDF of evaluation report
Item 9.e. - Page 25
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$32,020 Item 9.e. - Page 26
Cost Proposal
Date: 3/21/2016
Quincy Engineering, Inc.
Direct Labor:$9,223.60
Escalation for Multi-Year Project (0.0%):$0.00
1.664 $15,348.07
A. Labor Subtotal $24,571.67
Subconsultant Costs:
McMillan Land Surveys $4,500.00
Fugro West $0.00
$0.00
B. Subconsultant Subtotal $4,500.00
Other Direct Costs:
Plotter/Computer hours @$10.00 $0.00
Travel 0miles @$0.575 $0.00
Pier Diem/ Hotel 0days @$150.00 $0.00
Phone/Fax $0.00
Delivery 0@ $25.00 $0.00
Flight 0flights @$250.00 $0.00
Vellum / Mylars 0sheets @$1.00 $0.00
Title Reports 0@$500.00 $0.00
11 X 17 Reproduction 0@ $0.10 $0.00
Mounting Boards for Presentations 0@$100.00 $0.00
Newsletters (Translation and printing)
Mailings (6x)
C. Other Direct Cost Subtotal:$0.00
Labor Subtotal A. =$24,571.67
Fee (12.0%):$2,948.60
Subconsultant Subtotal B. =$4,500.00
Fee (0.0%):$0.00
Other Direct Cost Subtotal: C. =$0.00
Fee (0.0%):$0.00
TOTAL =$32,020.27
Total not to Exceed=$33,000
Arroyo Grande Swing Bridge Evaluation Phase 1
Arroyo Grande Pedestrian Bridge Fee Proposal Phase 1 MNP1-JC1.xlsm Fee 3/21/2016 Quincy Engineering, Inc.
Item 9.e. - Page 27
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$0$7,000$7,000$36,807 Item 9.e. - Page 28
Cost Proposal
Date: 3/21/2016
Quincy Engineering, Inc.
Direct Labor:$9,990.00
Escalation for Multi-Year Project (0.0%):$0.00
1.664 $16,623.36
A. Labor Subtotal $26,613.36
Subconsultant Costs:
McMillan Land Surveys $0.00
Fugro West $7,000.00
$0.00
B. Subconsultant Subtotal $7,000.00
Other Direct Costs:
Plotter/Computer hours @$10.00 $0.00
Travel 0miles @$0.575 $0.00
Pier Diem/ Hotel 0days @$150.00 $0.00
Phone/Fax $0.00
Delivery 0@ $25.00 $0.00
Flight 0flights @$250.00 $0.00
Vellum / Mylars 0sheets @$1.00 $0.00
Title Reports 0@$500.00 $0.00
11 X 17 Reproduction 0@ $0.10 $0.00
Mounting Boards for Presentations 0@$100.00 $0.00
Newsletters (Translation and printing)
Mailings (6x)
C. Other Direct Cost Subtotal:$0.00
Labor Subtotal A. =$26,613.36
Fee (12.0%):$3,193.60
Subconsultant Subtotal B. =$7,000.00
Fee (0.0%):$0.00
Other Direct Cost Subtotal: C. =$0.00
Fee (0.0%):$0.00
TOTAL =$36,806.96
Total not to Exceed=$37,000
Arroyo Grande Swing Bridge Evaluation Phase 2
Arroyo Grande Pedestrian Bridge Fee Proposal Phase 2__MP2_JC1_(low).xlsm Fee 3/21/2016 Quincy Engineering, Inc.
Item 9.e. - Page 29
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Cost Proposal
Date: 3/21/2016
Quincy Engineering, Inc.
Direct Labor:$13,278.00
Escalation for Multi-Year Project (0.0%):$0.00
1.664 $22,094.59
A. Labor Subtotal $35,372.59
Subconsultant Costs:
McMillan Land Surveys $0.00
Fugro West $7,000.00
$0.00
B. Subconsultant Subtotal $7,000.00
Other Direct Costs:
Plotter/Computer hours @$10.00 $0.00
Travel 0miles @$0.575 $0.00
Pier Diem/ Hotel 0days @$150.00 $0.00
Phone/Fax $0.00
Delivery 0@ $25.00 $0.00
Flight 0flights @$250.00 $0.00
Vellum / Mylars 0sheets @$1.00 $0.00
Title Reports 0@$500.00 $0.00
11 X 17 Reproduction 0@ $0.10 $0.00
Mounting Boards for Presentations 0@$100.00 $0.00
Newsletters (Translation and printing)
Mailings (6x)
C. Other Direct Cost Subtotal:$0.00
Labor Subtotal A. =$35,372.59
Fee (12.0%):$4,244.71
Subconsultant Subtotal B. =$7,000.00
Fee (0.0%):$0.00
Other Direct Cost Subtotal: C. =$0.00
Fee (0.0%):$0.00
TOTAL =$46,617.30
Total not to Exceed=$47,000
Arroyo Grande Swing Bridge Evaluation Phase 2 (high range ballpark cost)
Arroyo Grande Pedestrian Bridge Fee Proposal Phase 2__MP2_JC1_(high).xlsm Fee 3/21/2016 Quincy Engineering, Inc.
Item 9.e. - Page 31
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 herein. Limits are subject to review
but in no event less than $1,000,000 per occurrence.
Item 9.e. - Page 32
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. 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.
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.
Item 9.e. - Page 33
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. The insurer will provide 30 days notice to City of any cancellation of coverage.
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.
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.
Item 9.e. - Page 34
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.
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.
Item 9.e. - Page 35
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.e. - Page 36