CC 2020-12-08_08g Agreement for 2020 Street Repairs Projects
MEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, ASSISTANT CITY MANAGER/PUBLIC WORKS
DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION TO APPROVE AN AGREEMENT FOR CONSULTANT
SERVICES WITH PAVEMENT ENGINEERING, INC. FOR THE 2020
STREET REPAIRS PROJECT, PW 2020-13
DATE: DECEMBER 8, 2020
SUMMARY OF ACTION:
Approving an Agreement for Consultant Services with Pavement Engineering, Inc. will
allow the City to complete the design of the 2020 Street Repairs Project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The FY 2020-21 Capital Improvement Program (CIP) budget includes $1,867,140
($1,125,200 budgeted plus $741,940 carryover from FY 2019-20) for the City’s annual
pavement management program. The use of $126,835 from the overall pavement
management program budget used for engineering consultant services will require no
additional appropriations. Staff time will be necessary to coordinate the design plans with
the consultant.
RECOMMENDATION:
It is recommended the City Council approve an Agreement for Consultant Services with
Pavement Engineering, Inc. in the amount of $126,835 for design services for the 2020
Street Repairs Project.
BACKGROUND:
Deterioration of the pavement on various streets is occurring, and if the areas are not
repaired, they will continue to deteriorate to a point where it will impact the traveling public.
The primary intent of the 2020 Street Repairs Project is to perform digout repairs to slow
the deterioration and avoid near-term reconstruction. In addition to the digouts, the Project
proposes to include refreshing existing traffic striping and pavement markings on certain
arterial streets.
On September 14, 2020, requests for proposals (RFPs) for design services were
distributed to three of the City’s most recent on-call civil engineering firms who specialize
in pavement design. The RFP listed potential streets to receive digouts which included:
Item 8.g. - Page 1
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT FOR CONSULTANT SERVICES
WITH PAVEMENT ENGINEERING, INC. FOR THE 2020 STREET REPAIRS
PROJECT, PW 2020-13
DECEMBER 8, 2020
PAGE 2
East Grand Avenue – Halcyon Road to El Camino Real
Wesley Street – End of Street (n/o of Larchmont Drive) to West Branch Street
South Elm Street – Ash Street to City Limits (s/o of Paul Place)
Vernon Street – End of Street to West Branch Street
Valley Road – Sunrise Terrace to Bridge (n/o of Los Berros Road)
Fair Oaks Avenue – South Halcyon Road to Bridge (e/o Woodland Drive)
Rancho Parkway – James Way to West Branch Street
Corbett Canyon Road – Route 227 to City Limits (n/o Gularte Road)
North Halcyon Road – El Camino Real to East Grand Avenue
ANALYSIS OF ISSUES:
On October 22, 2020, proposals were received from two firms. A review committee
consisting of five City staff members evaluated and rated the proposals based on the
following criteria:
Criteria Possible
Points
Understanding of the work to be performed 35
Experience with similar assignments 30
Proposed work plan 35
The review committee rated the firms as follows:
Firm Rating
GHD 91.2
Pavement Engineering, Inc. 96.0
After discussions and considerations of the close ratings, staff decided to move forward
with negotiating a contract with Pavement Engineering, Inc. (PEI), mainly due to their
experience on past City pavement projects.
The services to be performed by PEI include:
Pavement evaluation of the selected streets, including deflection testing and coring to
determine structural condition
Measurement of field quantities and cataloging location of existing striping and utilities
Compilation of field data and preparation of concept level cost estimates for selecting
the most cost effective and constructible option for each street
Item 8.g. - Page 2
CITY COUNCIL
CONSIDERATION TO APPROVE AN AGREEMENT FOR CONSULTANT SERVICES
WITH PAVEMENT ENGINEERING, INC. FOR THE 2020 STREET REPAIRS
PROJECT, PW 2020-13
DECEMBER 8, 2020
PAGE 3
Preparation of construction documents, including a presentation to the City Council to
present the proposed improvements
Engineering support services during the bidding period and during construction
Preparation of record drawings and update to the City’s StreetSaver program
If approved, it is estimated design of the 2020 Street Repairs Project will take
approximately three months to complete, and construction would be accomplished in
Summer 2021.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve an Agreement for Consultant Services with Pavement Engineering, Inc.;
2. Do not approve an Agreement for Consultant Services with Pavement
Engineering, Inc.;
3. Do not approve an Agreement for Consultant Services with Pavement
Engineering, Inc. and direct staff to solicit proposals from additional firms;
4. Provide direction to staff.
ADVANTAGES:
An Agreement for Consultant Services will allow for the design of the 2020 Street Repairs
Project, which will help to extend the pavement life and increase pavement marking
visibility.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for the approval of an Agreement for Consultant
Services to design the 2020 Street Repairs project.
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 8.g. - Page 3
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES (“Agreement”), is made and
effective as of December 8, 2020, between PAVEMENT 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 December 9, 2020 and shall remain and
continue in effect until October 31, 2021, 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 Assistant City Manager/Public Works Director shall represent City in all
matters pertaining to the administration of this Agreement. Joseph L. Ririe shall
represent Consultant in all matters pertaining to the administration of this Agreement.
5.PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
6.SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a)The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
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(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Consultant will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant’s business; or
(c) Assignment of this Agreement by Consultant without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
9. LAWS TO BE OBSERVED. Consultant shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Consultant under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant’s
performance under this Agreement, or the conduct of the services under this
Agreement;
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(c) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the City’s Contract Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the Consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of City or its designees at reasonable
times to such books and records; shall give City the right to examine and audit said
books and records; shall permit City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’s office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICATION
(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.
(d) Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this Agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City’s active negligence
accounts for only a percentage of the liability involved, the obligation of Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
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,
Item 8.g. - Page 7
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.
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
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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 Clerk
300 East Branch Street
Arroyo Grande, CA 93420
To Consultant: Pavement Engineering, Inc.
Joseph L. Ririe
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
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.
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21. TIME
City and Consultant agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposal, Exhibit
“D”, attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Consultant, Exhibit “E”, attached hereto and incorporated
herein by this reference. In the event of conflict, the requirements of City’s Request for
Proposals and this Agreement shall take precedence over those contained in the
Consultant’s proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
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.
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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:
Caren Ray Russom, Mayor Joseph L. Ririe, President & Senior
Principal Engineer
Attest:
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
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EXHIBIT A
SCOPE OF WORK
Engineering design, bidding and construction support services for the 2020 Street
Repairs Project including, but no limited to:
• Project Administration
• Pavement Analysis & Preliminary Engineering
• Plans, Specifications and Estimates
• Bid Support
• Construction Support
• As-Built Drawings and StreetSaver Program Update
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EXHIBIT B
PAYMENT SCHEDULE
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TASK 1 PROJECT ADMINISTRATION
Position Rate Hours Total
Senior Principal Engineer $240 40 $9,600
Asst. Project Manager/Assistant Engineer $160 32 $5,120
Senior Engineering Technician $145 40 $5,800
Est. Total $20,520
TASK 2
Phase 2.1
Senior Principal Engineer $240 8 $1,920
Assistant Engineer $160 10 $1,600
Senior Engineering Technician $145 5 $725
Clerical $80 5 $400
Dynaflect Operator $295 8 $2,360
Asst. Dynaflect Operator $165 8 $1,320
Dynaflect & Coring Crew Preparation $145 3 $435
Coring Technician $240 16 $3,840
Asst. Coring Technician $145 16 $2,320
Mobilization $3,320
Traffic Control $6,000
Est. Total $24,240
Phase 2.2 Measure Field Quantities
Asst. Project Manager/Assistant Engineer $160 32 $5,120
Senior Engineering Technician $145 32 $4,640
Engineering Technician $135 32 $4,320
Est. Total $14,080
Phase 2.3
Asst. Project Manager/Assistant Engineer $160 16 $2,560
Geo -West - Monument Perpetuation Report $4,235
Est. Total $6,795
Phase 2.4
Senior Principal Engineer $240 8 $1,920
Asst. Project Manager/Assistant Engineer $160 16 $2,560
Senior Engineering Technician $145 16 $2,320
Engineering Technician $135 16 $2,160
Est. Total $8,960
TASK 3
Phase 3.1
Senior Principal Engineer $240 21 $5,040
Asst. Project Manager/Assistant Engineer $160 32 $5,120
Senior Engineering Technician $145 63 $9,135
Engineering Technician $135 63 $8,505
Est. Total 179 $27,800
TASK 4 BID SUPPORT SERVICES
Senior Principal Engineer $240 16 $3,840
Asst. Project Manager/Assistant Engineer $160 16 $2,560
Est. Total $6,400
TASK 5 CONSTRUCTION SUPPORT SERVICES
Senior Principal Engineer $240 32 $7,680
Asst. Project Manager/Assistant Engineer $160 32 $5,120
Est. Total $12,800
TASK 6 PREPARE AS_BUILT DRAWINGS AND UPDATE STREETSAVER
Senior Principal Engineer $240 8 $1,920
Asst. Project Manager/Assistant Engineer $160 8 $1,280
Senior Engineering Technician $145 8 $1,160
PMP Technician $110 8 $880
Est. Total $5,240
Total Estimated Project Fee:$126,835.00
Monument Perpetuation (Optional)
Concept Level Budget Analysis
PLANS, SPECIFICATIONS and ESTIMATES
60%, 90% and Final PS&E Submittals
FEE BREAKDOWN SCHEDULE
FOR THE
CITY OF ARROYO GRANDE
2020 STREET REPAIRS PROJECT, PW 2020-13
PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability” policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subContractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence.
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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.
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.
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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.
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.
Item 8.g. - Page 17
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.
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
Item 8.g. - Page 18
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 8.g. - Page 19
EXHIBIT D
CITY’S REQUEST FOR PROPOSAL
Item 8.g. - Page 20
Public Works Department
Request for Proposal (RFP)
ENGINEERING DESIGN SERVICES FOR
2020 STREET REPAIRS PROJECT
PW 2020-13
Due:
Thursday, October 22, 2020
No later than 4:00 P.M.
Deliver to:
City of Arroyo Grande
Attention: Jill McPeek
jmcpeek@arroyogrande.org (<10MB)
or USB flash drive to
1375 Ash Street
Arroyo Grande, CA 93420
September 14, 2020
Item 8.g. - Page 21
City of Arroyo Grande Page 1 of 3 September 2, 2020
CITY OF ARROYO GRANDE
2020 STREET REPAIRS PROJECT, PW 2020-13
REQUEST FOR PROPOSALS
I. BACKGROUND
The City of Arroyo Grande is soliciting proposals from qualified engineering firms
to provide design, bidding and construction engineering services for structural
repairs on various streets in the City of Arroyo Grande.
Deterioration of the pavement on various streets is occurring and if the areas are
not repaired will continue to deteriorate to a point where it will impact the
traveling public. The primary intent of the project is to perform digout repairs to
slow the deterioration and avoid near-term reconstruction. In addition to the
digouts, the project is to include refreshing existing traffic striping and pavement
markings on certain arterial streets.
The project scope will be dictated by the available construction budget which is
estimated between $1.5M and $2.0M (depending on approved FY 2021-22
budget) plus an additional $60,000 for striping refresh. Potential streets to
receive digouts include:
East Grand Avenue – Halcyon Road to El Camino Real
Wesley Street – End of Street (n/o of Larchmont Drive) to West Branch Street
South Elm Street – Ash Street to City Limits (s/o of Paul Place)
Vernon Street – End of Street to West Branch Street
Valley Road – Sunrise Terrace to Bridge (n/o of Los Berros Road)
Fair Oaks Avenue – South Halcyon Road to Bridge (e/o Woodland Drive)
Rancho Parkway – James Way to West Branch Street
Corbett Canyon Road – Route 227 to City Limits (n/o Gularte Road)
North Halcyon Road – El Camino Real to East Grand Avenue
II. SCOPE OF SERVICES
The scope of services may include, but not be limited to:
Kick-off meeting with City staff
Measure field quantities and catalog location of existing facilities
Compilation of field data, estimate by street segment, and meeting with City
staff to determine streets to be included in project scope
Deflection testing and/or coring sampling
Preparation of plans, specifications, and estimates, including meeting with
City staff at 65% submittal
Bidding assistance, including RFIs for potential addendums
Construction support, including RFIs and submittal review
Preparation of record drawings and update StreetSaver program
Item 8.g. - Page 22
RFP for Engineering Design Services for the
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Page 2 of 3 September 14, 2020
The selected firm should anticipate participating in three (3) Project Team
meetings, one (1) City Council meeting to present the proposed improvements
plans, one (1) pre-bid meeting, one (1) pre-construction meeting, and (2)
construction field meetings.
Proposing firms must agree to enter into the City’s Standard Agreement for
Consultant Services without modification and to provide the required insurance
as stipulated in Attachment 1.
III. PROPOSAL FORMAT AND CONTENT
Please provide a brief proposal, no more than 10 pages (not including resumes),
including the following:
1. Introduction
A summary statement which will demonstrate that the prospective proposer
has a clear understanding of the City’s objectives and how it expects to
address them.
2. Prior Related Experience
Provide a list of at least three (3) representative projects of similar scope and
nature performed within the last five (5) years, particularly projects for other
local government agencies. Include a contact person for each representative
project listed.
3. Work Plan
Describe the approach to be taken in addressing the proposed scope of
services. This description should include delineation of specific activities to be
undertaken for each project Task.
4. Fee Schedule
The consultant is requested to provide a “not to exceed” cost (inclusive of all
professional fees and expenses) for the entire project as outlined i n the Work
Plan. Include the hourly rate charges for each team member who may be
involved in the project.
IV. SELECTION PROCESS
A review committee will evaluate the proposals based on the following:
Understanding of the work to be performed 35 points
Experience with similar assignments 30 points
Proposed Work Plan 35 points
(Maximum Total Points - 100)
Item 8.g. - Page 23
RFP for Engineering Design Services for the
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Page 3 of 3 September 14, 2020
V. TENTATIVE SCHEDULE OF EVENTS
The following are the anticipated schedule of events for the project:
Design
Issue RFP September 14, 2020
Proposals due by 4:00 PM October 22, 2020
Consultant Selection / Fee Negotiations November 20, 2020
City Council Award of Design Contract December 8, 2020
Design Kick-Off Meeting January 7, 2021
Design Completion April 8, 2021
Bidding / Contract Award
Advertisement April - May 2021
Bid Opening May 2021
Council Award of Construction Contract June 2021
Construction
Notice to Proceed July 2021
Construction Complete September 2021
VI. SUBMITTAL
1. Provide one PDF document of project proposal by email to Jill McPeek at
jmcpeek@arroyogrande.org if project proposal file size is less than 10 MB.
2. Alternately, proposals may be provided on USB flash drive and sent to:
Jill McPeek, Capital Improvement Project Manager
Public Works Department
City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
3. Closing Date: Proposals must be received by 4:00 PM, October 22, 2020.
4. The City reserves the right to reject any or all proposals for any or no reason.
For more information, please contact Jill McPeek at jmcpeek@arroyogrande.org
or (805) 473-5444.
Item 8.g. - Page 24
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 1 of 17 September 14, 2020
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES (“Agreement”), is made and
effective as of 2020, between (“Consultant”),
and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on , 2020 and shall remain
and continue in effect until , 2021, unless sooner terminated
pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit “A”, attached hereto and incorporated herein by this
reference.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein. Consultant shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City’s shall represent City in all matters pertaining to the
administration of this Agreement. shall represent Consultant in all
matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit “B”, attached hereto and incorporate d herein by this reference.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remaind er of this Agreement.
Item 8.g. - Page 25
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 2 of 17 September 14, 2020
(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Consultant will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant’s business; or
(c) Assignment of this Agreement by Consultant without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If su ch failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
9. LAWS TO BE OBSERVED. Consultant shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Consultant under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant’s
Item 8.g. - Page 26
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 3 of 17 September 14, 2020
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 shal l 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 accessib le. 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 a s 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 paymen t.
(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
Item 8.g. - Page 27
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 4 of 17 September 14, 2020
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 Professio nal 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 e vent 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 o bligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
(d) Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this Agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is d etermined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City’s active negligence
accounts for only a percentage of the liability involved, the obligation of Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
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.
Item 8.g. - Page 28
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 5 of 17 September 14, 2020
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, o r 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.
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
Item 8.g. - Page 29
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 6 of 17 September 14, 2020
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 perf ormed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However, City’s right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City: City of Arroyo Grande
Director of Public Works
300 East Branch Street
Arroyo Grande, CA 93420
To Consultant:
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
Item 8.g. - Page 30
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 7 of 17 September 14, 2020
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party’s own independent investigation of any and all facts such party deems material.
21. TIME
City and Consultant agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposal, Exhibit
“D”, attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Consultant, Exhibit “E”, attached hereto and incorporated
herein by this reference. In the event of conflict, the requirements of City’s Request for
Proposals and this Agreement shall take precedence over those contained in the
Consultant’s proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
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.
Item 8.g. - Page 31
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 8 of 17 September 14, 2020
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:____________________________
Caren Ray Russom, Mayor
Its:____________________________
Attest: (Title)
____________________________
Kelly Wetmore, City Clerk
Approved As To Form:
_____________________________
Timothy J. Carmel, City Attorney
Item 8.g. - Page 32
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 9 of 17 September 14, 2020
EXHIBIT A
SCOPE OF WORK
Item 8.g. - Page 33
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 10 of 17 September 14, 2020
EXHIBIT B
PAYMENT SCHEDULE
Item 8.g. - Page 34
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 11 of 17 September 14, 2020
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 revie w 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 a ccident. 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 cost s 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 8.g. - Page 35
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 12 of 17 September 14, 2020
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 8.g. - Page 36
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 13 of 17 September 14, 2020
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 requ irements 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 8.g. - Page 37
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 14 of 17 September 14, 2020
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 thi s 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 r ights
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. S pecific 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 8.g. - Page 38
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 15 of 17 September 14, 2020
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 8.g. - Page 39
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 16 of 17 September 14, 2020
EXHIBIT D
CITY’S REQUEST FOR PROPOSAL
Item 8.g. - Page 40
RFP for Engineering Design Services for the Attachment 1
2020 Street Repairs Project, PW 2020-13
City of Arroyo Grande Attachment 1 – Page 17 of 17 September 14, 2020
EXHIBIT E
CONSULTANT’S PROPOSAL
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EXHIBIT E
CONSULTANT’S PROPOSAL
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