Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Capitola, its officers, officials, employees and volunteers are to be covered as additional insured’s as respects: liability arising out of work or operations performed by or on behalf of the Consultant or automobiles owned, leased, hired or borrowed by the Consultant.
2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after prior written notice has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Capitola for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 9
Indemnification
For General Services: To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its directors, officers, employees from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses (including attorneys’ fees and costs) arising from the acts or omissions of Consultant’s employees or agents in any way related to the obligations or in the performance of services under this Agreement, except for design professional services as defined in Civil Code § 2782.8, and except where caused by the sole or active negligence, or willful misconduct of the City. 192
Item 8 C.
Professional Services Agreement May 23, 2024
Community Center Construction Management Services
Cumming Group
For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its directors, officers, and employees from and against any and all claims, demands, actions, liabilities, damages, or expenses (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Consultant, Consultant’s employees, or agents in any way related to the obligations or in the performance of design professional services under this Agreement as defined in Civil Code §2782.8, except where caused by the sole or active negligence, or willful misconduct of the City. The costs to defend charged to the Consultant relating to design professional services shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8.and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Consultant, Consultant’s employees, agents or subcontractors, except where caused by the active negligence, sole negligence, or willful misconduct of the City.
SECTION 10
Civil Rights Compliance/Equal Opportunity Assurance
Every supplier of materials and services and all consultants doing business with the City of Capitola shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990, and shall be an equal opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair Employment and Housing Act of 1980. As such, consultant shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, age or sex with respect to hiring, application for employment, tenure or terms and conditions of employment. Consultant agrees to abide by all of the foregoing statutes and regulations.
SECTION 11
Legal Action/Attorneys' Fees
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he or she may be entitled. The laws of the State of California shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
SECTION 12
Assignment
This Agreement shall not be assigned without first obtaining the express written consent of the Director after approval of the City Council.
SECTION 13
Amendments
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City Council, or an officer of the City when the City Council may from time to time empower an officer of the City to approve and authorize such amendments. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Appendix Two. Such 193
Item 8 C.
Professional Services Agreement May 23, 2024
Community Center Construction Management Services
Cumming Group
authority is retained solely by the City Council. Unless expressly authorized by the City Council, Consultant's compensation shall be limited to that set forth in Appendix Two.
SECTION 14
Miscellaneous Provisions
1. Project Manager. Director reserves the right to approve the project manager assigned by Consultant to said work. No change in assignment may occur without prior written approval of the City.
2. Consultant Service. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.
3. Licensure. Consultant warrants that he or she has complied with any and all applicable governmental licensing requirements.
4. Other Agreements. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter, and no other agreement, statement or promise related to the subject matter of this Agreement which is not contained in this Agreement shall be valid or binding.
5. City Property. Upon payment for the work performed, or portion thereof, all drawings, specifications, records, or other documents generated by Consultant pursuant to this Agreement are, and shall remain, the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with the City's use and/or occupancy of the project. The drawings, specifications, records, documents, and Consultant's other work product shall not be used by the Consultant on other projects, except by agreement in writing and with appropriate compensation to the City.
6. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred for this project. Such records and documentation shall be kept available at Consultant's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final City payment for Consultant's services.
7. Independent Contractor. In the performance of its work, it is expressly understood that Consultant, including Consultant's agents, servants, employees, and subcontractors, is an independent contractor solely responsible for its acts and omissions, and Consultant shall not be considered an employee of the City for any purpose.
8. Conflicts of Interest. Consultant stipulates that corporately or individually, its firm, its employees and subcontractors have no financial interest in either the success or failure of any project which is, or may be, dependent on the results of the Consultant's work product prepared pursuant to this Agreement.
9. Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:
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Item 8 C.
Professional Services Agreement May 23, 2024
Community Center Construction Management Services
Cumming Group
CITY CONSULTANT
CITY OF CAPITOLA
420 Capitola Avenue
Capitola, CA 95010
831-475-7300
By:__________________________________
Benjamin Goldstein, City Manager
By:__________________________________
Dated:________________________________ Dated:_______________________________ Approved as to Form:
_______________________________
Samantha Zutler, City Attorney
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Item 8 C.
Professional Services Agreement May 23, 2024
Community Center Construction Management Services
Cumming Group
APPENDIX ONE
Scope of Services
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Item 8 C.
Section E. Estimated Labor Hours
This section should include the estimated labor hours by personnel proposed for the project for each task identified in the Scope of Services and project assignments described in Section II. A standard hourly rate fee for the firm and its subconsultants are required to be submitted in a separate envelope as described in Section IV.G. All pertinent and relevant assumptions that may affect the proposed hours shall be clearly listed in the proposal.
Estimated Labor Hours
Please refer to the tables below for Cumming Group’s anticipated level of effort to complete the work:
Preconstruction
PERSONNEL JUN-24 JUL-24 AUG-24 SEP-24
John Olsson – Project Executive 2 2 2 2
Tyler Sutton – Project Director 8 8 8 8
Pam Harnett – Project Manager 16 24 24 32
Michael Echelmeier – Constructability 42 --- --- ---
Brian Mirador – Project Engineer 10 10 10 10
TOTAL HOURS 78 44 44 52
Construction
PERSONNEL OCT-24 NOV-24 DEC-24 JAN-25 FEB-25 MAR-25 APR-25 MAY-25 JUN-25 JUL-25 John Olsson
Project Executive 2 2 2 2 2 2 2 2 2 2
Tyler Sutton
Project Director 16 16 16 16 16 16 16 16 16 16
Pam Harnett
Project Manager 64 64 64 64 64 64 64 64 64 64
Brian Mirador
Project Engineer 32 32 32 32 32 32 32 32 32 32
TOTAL HOURS 114 114 114 114 114 114 114 114 114 114
Closeout
PERSONNEL AUG-25 SEP-25
John Olsson – Project Executive 2 2
Tyler Sutton – Project Director 10 8
Pam Harnett – Project Manager 64 24
Brian Mirador – Project Engineer 32 24
TOTAL HOURS 108 58
cumming-group.com vii City of Capitola | Community Center Renovation 197
Item 8 C.
Section G. Proposed Budget & Fee Schedule
The proposal shall include a proposed budget and fee schedule based upon the labor hours included as Section IV.E of the proposal.
Fee Proposal and Rates
Cumming Group has provided a proposed budget and hourly rates below to provide Construction Management Services for the Community Center Renovation Project. Cumming Group’s fees are typically determined by our recommended staffing plan, projected level of effort, and proposed hourly rates, which are subject to approval by the City.
Classification Team Member Total Hours Hourly Rate TOTAL Project Executive John Olsson, CCM 32 $250.00 $8,100
Project Director Tyler Sutton, LEED GA 210 $225.00 $47,813 Project Manager Pam Harnett 824 $185.00 $154,438
Constructability Reviewer Michael Echelmeier 42 $165.00 $6,930 Project Engineer Brian Mirador 416 $135.00 $56,970
TOTAL FEE $274,251
RATE MONTHS TOTAL
Reimbursable Expenses $150.00 16 $2,400.00
As-Needed Support Services
Additional as-needed support staff and services are readily available as a preventative measure to mitigate any unforeseen exposures that may impact project budget, schedule, and/or quality, if and as required by the City. As such, Cumming Group has provided hourly rates in the table below for additional as-needed support staff and services that are readily available to support the City, as necessary:
Classification Team Member Hourly Rate
Cost Manager Nick Mata $175.00
Scheduler Vincent Ly $155.00
cumming-group.com City of Capitola | Community Center Renovation 18 198
Item 8 C.
Professional Services Agreement May 23, 2024
Community Center Construction Management Services
Cumming Group
APPENDIX TWO
Fees and Payments
Consultant will provide invoices to the City for all services and expenses on a monthly basis.
City will endeavor to pay all invoices within 30 days of receipt. The total amount billed by Consultant and paid by City pursuant to this agreement shall not exceed $________ without written advance authorization from the City.
Consultant hereby represents and warrants, based upon Consultant’s independent determination of the time and labor, including overtime, which will be required to perform said services, that Consultant will provide all said services at a cost which will not exceed the maximum price set forth in this agreement for Consultant’s services. Consultant hereby assumes the risk that Consultant will perform said services within this maximum price constraint and Consultant acknowledges that its inability to do so shall not excuse completion of the services and shall not provide a basis for additional compensation.
Salary expenses include the actual direct pay of personnel assigned to the project (except for routine secretarial and account services) plus payroll taxes, insurance, sick leave, holidays, vacation, and other fringe benefits. The percentage of compensation attributable to salary expenses includes all of Consultant’s indirect overhead costs and fees. For purposes of this Agreement, Consultant’s salary expenses and non-salary expenses will be compensated at the rates set forth in the fee schedule attached to this appendix and in accordance with the terms set forth therein. Non-salary expenses include travel, meals and lodging while traveling, materials other than normal office supplies, reproduction and printing costs, equipment rental, computer services, service of subconsultants or subcontractors, and other identifiable job expenses. The use of Consultant’s vehicles for travel shall be paid at the current Internal Revenue Service published mileage rate.
Salary payment for personnel time will be made at the rates set forth in the attached fee schedule for all time charged to the project. Normal payroll rates are for 40 hours per week. Consultant shall not charge the City for personnel overtime salary at rates higher than those set forth in the attached fee schedule without the City’s prior written authorization.
In no event shall the total fee charged for the scope of work set forth in Appendix One exceed the total budget of $____________, without specific, written advance authorization from the City.
Payments shall be made monthly by the City, based on itemized invoices from the Consultant which list actual costs and expenses. Such payments shall be for the invoice amount. The monthly statements shall contain the following affidavit signed by a principal of the Consultant’s firm:
"I hereby certify as principal of the firm of Cumming Group, that the charge of $__________ as summarized above and shown in detail on the attachments is fair and reasonable, is in accordance with the terms of the Agreement dated May 23, 2024, and has not been previously paid." 199
Item 8 C.
2ND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH BOONE LOW RATLIFF ARCHITECTS, INC. FOR COMMUNITY CENTER RENOVATION PROJECT
between
CITY OF CAPITOLA AND BOONE LOW RATLIFF ARCHITECTS, INC.
The City of Capitola and Boone Low Ratliff Architects, Inc., hereby agree to the following Amendment(s) to the Contract dated February 23, 2023:
1) Increase the budget amount by $36,752.50 for final design documents, bidding support, and construction administration
All other terms and conditions of the Professional Services Agreement remain in full force and effect.
CONTRACTOR: BOONE LOW RATLIFF ARCHITECTS, INC.
__________________________________ Date: ___________________ By:
CITY OF CAPITOLA
___________________________________ Date: ___________________ By: Benjamin Goldstein, City Manager
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Item 8 C.
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Item 8 C.
Community
Center
Renovation
Project
City Council
May 23, 2024
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Item 8 C.
Required Improvements
Community Center Renovation
• Exterior siding/roof/paint
• Add single user restroom
• Plumbing
• HVAC
• ADA Improvements
Infrastructure Improvements
• Interior renovation (offices, closets, etc..)
• Flooring
• Partitions
• Kitchen renovation
• Replace doors/windows
• Electrical upgrades
• Restroom renovations
Ancillary Improvements
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Item 8 C.
November
2022
Long-Term Use
Agreement
February 2023
Design agreement
with BLRA
Summer 2023
Conceptual Design
Authorization of
construction
documents
$1M from CNRA
Summer 2024
Confirmation of
CDBG grant intent
of $3.2M
Bid Project
Fall 2024
Begin Construction
Project Timeline
Community Center Renovation
204
Item 8 C.
Project Management
• RFP for Construction
Management Firm
• On-site supervision
• Coordination and value
engineering
• Project and
construction
management
• Cost review and quality
assurance
205
Item 8 C.
• Four week response period
• Received five proposals
• Interviews in early May
Request for Proposal
• Experience: Similar projects
• Local work: UCSC and Scotts Valley
• Reputable and skilled team
Cumming Group
Project Management
Community Center Renovation
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Item 8 C.
DW
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Amendment to BLRA Contract
• Expanded specifications
• Specialized sub-consultant for
kitchen design
• Support for bidding and
construction administration
Project Design
Community Center Renovation
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0 0 72'-0" 104'-0" 72'-0" 24'-0" 8'-0"
24'-0" 16'-0" 16'-0" 24'-0" 8'-0" CUT B A CK ( E) ENTRY ROOF A ND RA FTERS TO HERE. A DD ( N) B EA M
R EMOV E (E) LOW
B EA M 4 in 12 s l o p e 4 in 12 sl o p e
4 in 12 sl o p e 4 in 12 s l o p e
(E) R OOF FR A MING TO R EMA IN
(N) STAND ING SEA M METAL R OOF, TYP . (N) R OOF SEC TION (N) R OOF SEC TION (N) R OOF SEC TION (N) R OOF SECTION
V OID OVER
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R OOF WELL 4 VOID OV ER
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R OOF WELL 1 D A SHED LINE IND ICA TES OUTLINE OF B UILD ING B ELOW
DA SHED LINE INDICA TES OUTLINE OF B UILDING B ELOW
1 SCALE: 1/4" = 1'-0" PROPOSED ROOF PLAN
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Item 8 C.
Item Cost
Conceptual Design $150,000
Final Design $411,000
Construction $5,000,000
Construction Management $300,000
Contingency $299,000
Total Project Costs $6,160,000
Funding Source Amount
FY 22-23 Budget $150,000
FY 23-24 Budget $1,650,000
CNRA Allocation $1,000,000
CDBG Grant $3,200,000
AMBAG Grant $160,000
Total Project Funding $6,160,000
Project Costs
Community Center Renovation
208
Item 8 C.
Recommended
Action
1. Authorize the City Manager to execute
Amendment 2 to the Professional Services
Agreement with Boone Low Ratliff Architects in
the amount of $37,000, for a total contract value
of $560,713; and
2. Authorize the City Manager to execute a
Professional Services Agreement with Cumming
Group in the amount of $300,000 for construction
management services for the Community Center
Renovation Project.
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Item 8 C.