Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: February 14, 2023 FROM: Matthew Bronson City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: West Grand Avenue Streetscape 4th-8th Street Project (CIP 2287):
Design Amendment
RECOMMENDATION
Authorize the City Manager to approve change orders to the contract with BFK Engineers for design services for the West Grand Avenue Streetscape project up to $90,000.
BACKGROUND
The City has placed emphasis on improving the West Grand Avenue corridor. The most recent West Grand Avenue Enhancement projects included work from Highway 1 west to the City limits, 2nd to 4th Street and 8th to 11th Street. These improvements to the Downtown Core included landscaped medians, street trees, corner ramps and streetlights consistent with the West Grand Avenue Master Plan.
On October 12, 2021, the City Council reaffirmed the direction to proceed with the West Grand Avenue Streetscape Project (CIP 2287) in fiscal year 2022-23, given the significant redevelopment opportunities along this section of West Grand Avenue. This project will also complete the streetscape in the Downtown Corridor.
On June 27, 2022, Council entered into an agreement with BKF Engineers for Design Services for $236,284 and authorized the City Manager to approve change orders up to $40,000. In August, the City was awarded a $1.5M Community Betterments Grant from the San Luis Obispo Council of Governments (SLOCOG) in recognition of the development opportunities related to this project particularly with housing. This grant helped provide funding for the project and allowed for expanding the scope to include the design and construction of storm drains and evaluation of other elements on this section of West Grand Avenue. Due to the revised design elements to be considered, the cost of design services will exceed the City Manager’s previously approved authority for change order approvals. Staff is recommending the Council authorize the City Manager to approve change orders up to $90,000 (an additional $50,000 from the previously approved authority) for the project due to the expanded design scope.
FISCAL IMPACT
Council previously authorized a design cost of $236,284 with authorization to approve change orders up to $40,000 for a total contract cost not to exceed $276,284. Staff is recommending the Council authorize the City Manager to approve change orders up to $90,000 for a total cost not Staff Report: West Grand Avenue Streetscape (CIP 2287) Page 2 February 14, 2023
to exceed $326,284. Funding for this design work is budgeted in the current (fiscal year 2023- 2024) Capital Improvement Plan (CIP) from the General Fund.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize the City Manager to approve change orders to the contract with BFK Engineers for design services for the West Grand Avenue Streetscape project up to $90,000; or
2. Provide staff with additional direction
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Agreement with BKF Engineers.
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860
AGREEMENT
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES WEST GRAND AVENUE STREETSCAPE PROJECT, 4TH STREET- grH STREET, CIP 2287 THIS AGREEMENT is made and entered into effective the 29th day of June, 20.ll., by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and BKF ENGINEERS (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional construction design services for the West Grand Avenue Streetscape Project, 4th Street to 8th Street, CIP 2287 more specifically identified in the Proposal, Scope of Work and Fee Schedule, jointly attached as "Exhibit A" to this Agreement, herein referred to as the PROJECT; and
WHEREAS, CONSULTANT is engaged in the business of Design Engineering and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid by the City of Grover Beach; and WHEREAS, this Agreement will be administered for CITY by the Director of Public Works, hereinafter referred to as DIRECTOR or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows :
ARTICLE I. SCOPE OF SERVICES
CONSULTANT shall complete said PROJECT described herein and more fully described in Exhibit A, and in accordance with local, State and Federal laws. This shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
ARTICLE II. COMPENSATION AND PAYMENT
A. CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be performed on a not to exceed basis of $236,284.
B. CONSULTANT shall invoice CITY on a monthly basis, via detailed statement, which will be processed and payable in the normal course of CITY business, typically within 30 days of receipt of an invoice unless otherwise identified in this Agreement.
C. The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT'S compensation. Any change in the scope of services must be made by written Contract Amendment to the Agreement signed by an authorized representative for each West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 ,---
DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written Contract Amendment.
D. At any time prior to issuance of final payment, the CITY may conduct a cost audit of CONSULTANT'S invoices/statements. Any payment may be reduced by amounts found by CITY not to constitute allowable costs and/or adjusted for prior overpayments or underpayments. Upon CONSULTANT'S compliance with all terms of this Agreement, City shall promptly pay any balance of allowable costs.
ARTICLE Ill. TERMINATION, REMEDIES, FORCE MAJEURE AND CONSOLIDATION OF DISPUTES A. This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of:
(i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) Seven (7) calendar days written notice, with or without cause, by either the CITY or CONSULTANT;
(iii) Expiration of this Agreement.
B. Upon any termination or expiration of this Agreement, CONSULTANT shall (i) Immediately stop all work hereunder;
(ii) Immediately cause any and all of its subcontractors to cease work; and (iii) Return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
C. In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY'S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach.
D. Upon any breach of this Agreement by CONSULTANT, CITY may:
(i) Exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) Proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) Recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
E. CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement.
F. CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify the West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 Director or his/her designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence.
G. CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY'S option, be joined and consolidated with any other dispute or disputes arising from or relating to the PROJECT so that all disputes arising from or relating to the PROJECT may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision.
ARTICLE IV. CONFIDENTIAL INFORMATION, OWNERSHIP OF DOCUMENTS AND COPYRIGHT LICENSE A. Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information developed pursuant to this Agreement, disclosed or submitted, orally, in writing, or by any other medium or media, (otherwise referred to as "work"). All Confidential Information shall be and remain confidential and proprietary in CITY.
B. CONSULTANT shall not reproduce (such as photographs and prints), duplicate, distribute reproductions, or incorporate into any trademark or service mark, the work without the prior written consent of CITY.
Any rights of the CONSULTANT in the work terminate upon the death of such CONSULTANT and do not extend to such CONSULTANT'S heirs, successors or assigns.
C. Title to the work shall pass to CITY upon final acceptance by CITY. CITY reserves the right to donate, transfer or sell the work or any portion thereof. CITY shall have the exclusive right to publicly display the work and shall have a license to reproduce (such as photographs and prints) or create three-dimensional reproductions of the work for any noncommercial purpose (including, but not limited to, books, slides, postcards, film, Internet sites, reproductions for advertising, and other media). Prior to public display, the CITY shall consider the sensitive nature and potential security risk of releasing the information to the general public. Such reproductions shall contain if legally necessary a copyright notice. Reproductions for commercial purposes are only to be made with the mutual written consent of CONSULTANT and CITY.
All references and reproductions or adaptations of the work will credit the work to the CONSULTANT unless CONSULTANT requests to the contrary. CITY reserves the right to modify, remove and/or relocate the work at any time, and after consultation with CONSULTANT, shall have the right to determine when and if modifications, repairs and/or restorations are needed. If City makes modifications, repairs or restoration not approved by the CONSULTANT, the CONSULTANT shall have the right to sever its association with the work. CONSULTANT agrees to give CITY written notice prior to asserting any claim pertaining to the work, and CITY shall have not less than 90 days from the date of receipt of claim to cure any such claim. CITY may incorporate the work into any trademark or service mark to be utilized by City to register the same in accordance with Federal, state or local law.
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 D. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (IV).
This Article (IV) shall survive expiration or termination of this Agreement.
ARTICLE V. PROFESSIONAL SKILL
It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.
ARTICLE VI. INDEMNIFICATION AND DEFENSE
A. Indemnification and Defense for Professional Services: To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and any and all of its officers, officials, employees, agents and volunteers ("Indemnified Parties") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT'S duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT'S proportionate percentage of fault.
CONSULTANT'S percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT'S percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT'S proportionate percentage of fau lt for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
B. For All Other Liabilities: Notwithstanding the foregoing and without diminishing any rights of CITY under this Article (VI), for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents ("Indemnified Parties") from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY.
C. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This Article (VI) shall survive termination or expiration of this Agreement.
ARTICLE VII. INSURANCE
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 OocuSign Envelope ID: O227F14C-B5E6-4181-A86C-CCA01 C971860 A. Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either:
(i) Admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide; or (ii) As may be authorized in writing by CITY'S Administrative Services Director, or his/her successor, or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein.
B. If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this Article (VII) shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
C. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
D. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except t hat any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers.
ARTICLE VIII. CONFLICT OF INTEREST AND NON-SOLICITATION A. Prior to CITY'S execution of this Agreement, CONSULTANT shall complete a City of Grover Beach Conflict of Interest Disclosure Statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement.
B. CONSULTANT shall comply, and require its subcontractors to comply, with all applicable West Grand Street Scape, 4th Street - 8th Street, Cl P 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 (i) Professional canons and requirements governing avoidance of impermissible client conflicts; and
(ii) Federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.).
At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations . CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing.
C. In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
D. CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
E. Neither CONSULTANT, nor any of CONSULTANT'S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
F. If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Article in each subcontract and require its subcontractors to comply therewith .
This Article (VIII) shall survive termination or expiration of this Agreement.
ARTICLE IX. GENERAL TERMS
A. Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee.
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 B. Records of CONSULTANT'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records sha ll be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Article lO(B) shall survive expiration or termination of this Agreement.
C. Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). CONSULTANT and any subcontractors shall agree to obtain any local licensing or certifications necessary to perform services within the City, including but not limited to City Business Tax Certificates. If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
ARTICLE X. NONDISCRIMINATION
To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows:
A. CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
B. CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
C. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
D. CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (X).
ARTICLE XI. INDEPENDENT CONTRACTOR
A. In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venture, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
B. This Agreement is not evidence of a partnership or joint venture between CONSULTANT and CITY.
CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shal l be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation:
(i) Compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and
(ii) Any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.
West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 ARTICLE XII. NOTICES
All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
A. CITY: City of Grover Beach, Greg Ray, Public Works Director, 154 South Eighth Street, Grover Beach, CA 93433
8. CONSULTANT: BKF Engineers, Jason Mansfield, PE -Associate, 285 South Street, Suite A, San Luis Obsipo, CA 93401
ARTICLE XIII. BINDING
Subject to Article XII, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
ARTICLE XIV. ASSIGNMENT
A. This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the Grover Beach City Council. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved by the Grover Beach City Council.
B. CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.
ARTICLE XV. COMPLIANCE THE LAW
In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
ARTICLE XVI. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
ARTICLE XVII. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California.
ARTICLE XVIII. HEADINGS
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 ARTICLE XIX. SEVERABILITY
The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
ARTICLE XX. INTERPRETATION
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
ARTICLE XXI. ATTORNEY'S FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
ARTICLE XXII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement
ARTICLE XXIII. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed' within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
ARTICLE XXIV. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
ARTICLE XXV. NO THIRD-PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
ARTICLE XXVI. EXTENT OF AGREEMENT
Each party acknowledges that they have read and fully understand the contents of this Agreement and any documents issued that resulted in selection of CONSULTANT for entry into this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreement s, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.
West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID D227F14C-B5E6-4181-A86C-OCA01C971860
AGREEMENT SIGNATURES
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL CONSULTANT SERVICES
WEST GRAND AVENUE STREETSCAPE PROJECT, 4TH STREET- grH STREET, CIP 2287 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first written above.
Attest:
Wendi Sims, City Clerk
David P. Hale, City Attorney
BKF Engineers
Brian Scott, PE
Principal/Vice President
Datk 7
Date
7/11/2022
Date
6/29/2022
Date
Attachments:
1. 2.
Exhibit A - Scope of Services and Fee Schedule
Exhibit B - Insurance Requirements
3. Exhibit C - Disclosure of Conflict of Interest
rev 1-2019
DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860
EXHIBIT A
PROFESSIONAL CONSULTANT SERVICES
CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 April 20, 2022 (rev. 5/23/22)
PROJECT TEAM AND RELEVANT EXPERIENCE
We recognize this opportunity comes to BKF based on our prequal ification from the on-call process and our statement of qualifications. We would like to highlight experience that specifically relates to this project and supports the particular team we assembled.
Our team includes:
Firma Consultants - Firma is a local design and planning firm that is also on the City's on-call list. Firma was chosen to be a part of the BKF team because of their downtown streetscape experience such as Garden Street in downtown San Luis Obispo, downtown renovations such as the Ag rarian Hotel in Arroyo Grande, and history with Grover Beach including the Dune Boardwalk Restoration, Grover Beach Lodge, Mentone Park landscape improvements, and the design of the City of Grover Beach gateway/entrance signage.
Earth Systems Pacific - Earth Systems Pacific has worked on numerous projects with BKF. With this longstanding relationship, and as a preferred local consultant for many, Earth Systems was an easy choice. We know they will work with us to provide the necessary geotechnical information, with the basis of local knowledge.
Bess Test Labs - Bess Test Labs has worked on numerous projects with BKF. We appreciate their ability to work on challenging projects in highly trafficked areas. They are able to make decisions in the field to be able to provide us with the information needed. This flexibi lity is va luable especial ly when traffic lanes are closed and there is limited time for this field exploration.
Aerotech Mapping - Aerotech Mapping is our aerial company for this project.
BKF Engineers' experience with downtown, urban, streetscape design: With much of our experience in the San Francisco Bay Area, most of our projects are in a downtown or urban setting. Streetscape designs often include the same elements that will be part of the West Grand Avenue project. See attached fo r a few project highlights for:
East Side Connect - Included bulb-outs, revitalizing an old street with new street furniture, decorative street lights, decorative pavement (stamped thermoplastic on asphalt), and pavement maintenance. We identified areas with older overlays that could be ground down and resurfaced to improve roadway cross slopes.
Microsurfacing was used to limit the cost and still provide a very durable pavement surface.
Bay Meadows Development - Included bulb-outs, decorative pavement (stamped colored concrete), decorative street lighting, and street furniture. While this created a new neighborhood, there were also interfaces with adjacent neighborhoods and improvements to high trafficked roadways. Adding decorative concrete through a very busy intersection required multiple stages and temporary plating.
Laurel Street Improvements - Included bulb-outs, decorative pavement (pavers on concrete), decorative street lighting, and street furniture. While this is an older project, it is the quintessential catalyst project as it transformed a non-descript quiet downtown into a bustling jewel of a downtown.
PROJECT UNDERSTANDING
The project limits are within and immediately adjacent to the City right of way on West Grand Avenue between 4th and 8th Street. The project limits include the intersection of 4th and Grand but does not include the intersection of 8th and Grand. See attached Concept Plan for project limits and anticipated elements.
The Concept Plan is extracted from the West Grand Avenue Master Plan. The intent is to be consistent with
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BKF ENGINEERS ;...-
DocuSign Envelope ID: D227F1 4C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/23/22)
the design elements from 8th - 11 th and 2nd - 4th, however the City does not want to construct the dyed/colored concrete that is on 8th -11 th. Lithocrete (which exists on 2nd - 4th) at the intersections would be the City's preferred option, however this cou ld be cost prohibitive. The City is looking for engineer's recommendations for a material that will hold up well.
PROJECT SCOPE:
• The intent of the design is to closely match the design from 2nd -4th and 8th -11 th. • The project includes pavement rehabilitation.
• Generally, the improvements involve the pavement surface and structure, center medians, landscape, irrigation, decorative street lighting, street trees and site furn ishings such as benches or trash receptacles.
• The traffic light pole on the Northeast corner of 4th and Grand was hit by a vehicle and it has been leaning for qu ite some time. The City would like to include an evaluation of this pole and determine if it needs to be replaced.
• Timing will be critical for this project. The City would like to have project documents ready to bid the project in November.
• General ly consistent with the West Grand Avenue Master Plan.
PROJECT APPROACH
Consistent with industry standard approach to del iver the work plan tasks listed below and our quality assurance and quality control practices, a few technical examples demonstrate BKF's approach to meeting the City's goals of:
Beautification of the corridor
Improving safety
Increasing accessibility
Maintaining pavement life
BULB-OUT GRADING
Grad ing of bulb-outs have many critical nuances:
Maintaining drainage: extending the sidewalk slope which is adverse to the roadway cross slope usually makes drainage along the gutter flowline impossible. Add ing curb inlets or drainage through the bulb-out in a trench drain are often pri cey and undesirable solutions. Choosing which corners and which streets receive the bulb-outs to locate them at high points avoids this compromise.
Curb ramp slopes: depend ing on roadway cross slopes, cu rb ramps may actually slope back toward the sidewalk, or be too flat to convey surface runoff. Accurately identifying conforms in the street and at the back of walk can better identify cond itions that may need creative solutions.
East Side Connect (Old County Road, San Carlos)
Bulb-out with nominal ramp slope and adjacent planter
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BKF ENGINEERS .GIi
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/ 23/ 22)
CURB RAMP GRADING
Using the detailed topographic survey as a base, we will advance the design of the curb ramps, including spot grades and slopes. This will better identify dimensions which helps provide a better bid and reduces risk for change orders. It will also confirm drainage and accessibility.
Generalized:
A£"'1""'4Ct.Mo.mtR
--·4 ;1,1.,toi;f,CC¢1
°""9 ~\JMT ,PI
O'rlEPIIIP l'DIIMIRAMONTE AVENUE
DECORATIVE CONCRETE PAVEMENT
Detailed (example from another project):
UTAH AVENUE
.. ...., ~· l
m CURB RAMP DETAIL - SW CORNER
"""""'
([ )ltlO,H "' ([)\. U :t
We understand the priorities for the decorative pavement at the intersections include:
Don't show tire marks
Does not fade
No obvious cracking
Affordable
Ability for patch repairs
The Lithocrete treatment meets the performance criteria, however it may not be an affordable option.
Also, because of the proprietary nature, patching repairs or trenching may be chal lenging. In fact, we attempted to contact the "owners" of Lithocrete twice during the preparation of this proposal and did not receive any response. We would expect a single consistent aggregate and mix would be much less expensive than the creative "wave" design further west of the current project. However, the lack of responsiveness is still concerning. Further research of options may be required to achieve similar performance.
Based on information from the Lithocrete website, and the Caltrans Concrete Technology Manual, it is likely the admixture providing the resistance to the alkali-aggregate reaction is also providing the abrasion resistance and does not show tire marks. This may be a lithium mixture, a sil ica fume, rice hull ash, or a combination. Discussing these potential admixtures and experiences with local concrete suppliers may provide good options that would also allow for the ability to patch repairs and trench ing.
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/ 23/22)
A strength of BKF Engineers' approach is flexibility. The following tasks are anticipated as part of delivering a successful project for the City of Grover Beach. We recognize that during project development, slight changes to priorities or tasks are needed. We will continually evaluate and communicate needed changes to the tasks. The following tasks provide a basis for setting expectations for fees and schedule. We are happy to discuss changes to these tasks, particularly considering optional additional services. We have also included an exhibit showing the project limits and general summary of the project scope. Changes to these assumptions may also affect fees and schedule, which we anticipate discussing to ensure the City's objectives are met within the funding and schedule constraints.
A. PROJECT MANAGEMENT AND COORDINATION
B.
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Record keeping and file management.
Project accounting and monitoring the budget.
Meet with City staff to review and refine the work program and schedule,identify critical milestones, and determine appropriate paths of communication prior to beginning work.
Prepare a baseline schedule. An updated schedule will be prepared as needed .
Conduct periodic project meeting (virtual and/or in-person coordinationmeetings) with the City to discuss progress. Meeting agenda and minutes will be prepared, as needed.
Quality assurance and quality control will be managed throughout the project.
PRELIMINARY INVESTIGATION
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Meet with City staff to review project requirements, existing information needed, and any utility improvement plans.
Prepare a topographic survey. The topographic survey will serve as the basemap for design and will start with an aerial survey to provide overall context.
Conventional field work wi ll supplement the aerial to provide detailed ground elevations for conforms at intersection corners and one large driveway replacement.
Surface utilities, trees, tree wells, and other roadway elements will be captured and field checked with aerial topography. Storm drain inlet inverts will be captured during the field check.
A record boundary based on recorded maps will be drafted as part of the basemap.
The basemap will be drawn at 1 "=20' scale. Vertical datum wil l be NAVD88 or City Datum, if available. Horizontal control will be NAD83 or local control.
Utilities will be drafted in based on as-built and record information provided by the utility companies, along with any historic USA markings and surface features captured during the topographic survey and site walk.
Pothole locations with GPS and ties to aerial topography will allow for this existing utility information to be located on the basemap.
Visit project site and investigate existing site conditions to identify opportunities,
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DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 •
•
April 20, 2022 (rev. 5/23/22)
constraints, verify the presence of existing utilities and other conditions, and confirm items shown on topographic survey.
Review and research data/reference material pertinent to the project, including, but not limited to, record drawings, right-of-way documents, City Pavement Management Report, Standard Provisions, Standard Details, Design Criteria, and codes, ordinances, and policies pertaining tothe proposed project design.
Geotechnical exploration will include drill ing in ten locations to a maximum depth of 5 feet, measure asphalt and base sections at each location, identify subgrade material, and take subgrade samples in 4 locations for R-value testing. Traffic control in the form of lane closures will also be provided. It is expected that the subgrade soils in Grover Beach are fairly consistent. Therefore, two of the four subgrade samples will be tested for R-values. Laboratory data will then be analyzed, and a report will be prepared with pavement and minor grading recommendations.
A site walk will be performed to identify dig-outs due to likely base failures, and other observations for overall pavement maintenance.
C. UTILITY COORDINATION
Detailed coordination, research, and presentation on the construction documents of all utilities (including City-owned water, wastewater, electrical street lights, and traffic control signals) with all utility companies (above and below ground), including:
• Potholing as necessary (assume budget for 10 potholes). Pothole exhibits wil l be provided to the potholing contractor to provide clear direction. • Field investigation of each valve box to measure the distance from street grade to the top of the operating nut, and then computing an estimate for the crown of the pipe below existing street grade (recently the City has discovered AC pipe at shallow depths, i.e., depths significantly less than 36-inches).
• Utility relocation coordination conducted in advance of the construction to accommodate the construction.
• Full and complete coordination with utility companies to have them relocate their utilities that are interfering with the featu res of the design before construction bids are opened.
Coordination would also new meter(s) for the proposed irrigation point(s) of connection.
D. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS
• Through an engineer's alternatives analysis, prepare concept design plans to establish basis of design. This will identify roadway improvements including pavement structural design, limits and type of improvements, quantity of street furniture, and street lighting.
The concept design plan will be used to estimate construction cost within the project budget.
• Prepare design development/construction documents that shall include:
Title Sheet, Legend, and Abbreviation
Civil Notes and Construction Details
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/23/22)
Demolition Plans
Street Improvement Plans
Curb Ramp Detail Plans
Signing & Striping Plans
Street Lighting Plans
Planting Plans
Irrigation Plans
Landscape Detail Plans
Landscape Documentation in compl iance with Title 23 Chapter 2.7 Erosion and Sediment Control Plans and Details
Engineer's Opinion of Probable Construction Cost, including strategies for base bid and bid alternatives, if necessary
Project Technical Specifications
Documentation of design exceptions
Documentation of post construction stormwater mitigation measures Miscellaneous administrative support of City staff (e.g. production of exhibits to support Council agenda items)
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Submit PDF versions of the PS&E at 50% and 100% design stages .
Meet with City staff to review comments on the submittals, as needed. Revise plans, specifications, and cost estimates as necessary to reflect stakeholders' and City comments and directions, with responses to comments.
Design exceptions shall be submitted to the City by the Engineer for curb ramps that cannot accommodate ADA req uirements,
Water and/or sewer utility improvements as provided to the Engineer (these improvements will be developed by the Public Works Department and made available to the Engineer after award of this work),
Implementation of the City's Post Construction process into the design evaluation, including submittal of the Post Construction supporting documentation to the City for their compliance with Regional Board requirements.
Implementation into the design any Post Construction stormwater mitigation measures to comply with City and/or Regional Board requ irements.
Techn ical specifications that incorporate the City Standards and the 2010 Ca ltrans Standard Specifications and that are incorporated into the City's standard front-end construction document (front-end documents will be provided to the Engineer in Microsoft Word format); Plans that incorporate the City Standards and the 2010 Caltrans Standards.
E. BID PHASE SERVICES
• Assist the City, as necessary, in responding to bidder's inquiries, requestsfor clarification, and addenda.
F. CONSTRUCTION PHASE SERVICES
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DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 •
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April 20, 2022 (rev. 5/23/22)
Attend a preconstruction meeting conducted by the City .
Review submittals and respond to Requests for Information (RFI), asnecessary, in a timely manner.
Assist the City to resolve issues during construction, as necessary .
Site visits to resolve issues du ring construction .
G. POSTCONSTRUCTION
• Prepare record drawings based on contractor markups.
H. ADDITIONAL SERVICES
We can provide additional services, if required. We can modify the base scope and fee to include these services or provide as an amendment at a later date. •
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Modified Traffic Signal Plans: We assume the replaced detector loops can be located and identified in the signing and striping plans. If more significant changes are needed such as add ing pedestrian push button posts, relocating traffic signal poles, changing signal phasing or adding bicycle detection that requ ire a modified traffic signal plan, we can provide this additional service.
Storm Water Pollution Prevention Plan: We assume a SWPPP, if needed, will be prepared by the contractor. Th is can be provided as an additional service.
Landscaped Median, Corridor, and Intersection Improvements: Prepare color rendered concept plans. Concepts may illustrate different design themes and/or mixture of planting and pavements. Concepts to be accompanied by image boards with photos of proposed plant material and examples of similar treatments. Additionally, visual simulations can be superimposed over a photo to accompany each plan.
Changes to the construction documents beyond our control, whether during design or during construction.
Resolved boundary, includ ing review of title reports, surveying existing monuments, setting new monuments, and preparing a record of survey.
I. A performance schedule will be established after the design kick off meeting indicating milestones that will be mutually agreed upon by both parties and will be included as an exhibit to this agreement.
7/6/2022
OocuSign Envelope ID: 0227F14C-B5E6-4181 -A86C-CCA01 C971860 West Grand Ave, Grover Beach
BICF Engi:Jecn 4/l0/2022 (rev. 923/2022)
BKF Engineers' Personnel and Rates
Prlncl~I Associ.t, ProJect M1n111r Proj.a: EnclnHr Survey Crew osin @$237 @$231 0 S174 @1$32S BKFhes
Task O.Scriptlon hn I S'• I hn S'• hn S'• hn I S'• hn S'• "' I S'• I Proj«t Mona~ment and Coordination
Kick-off Site M el'l:ln&, A,1nd.i, M inutes I <nl ' S1.422 ~ l <nl <nl ,, $1,42:
Project Schedui., Records, Mana11m1nt I Soi 24 $5,688 Soi 8 $1,392 Sol 321 $7,081 ProjectM11'1:in1s I I so 32 $7,534 S" • $1,392 <nl 4()1 $8,97 Subtotal I ol SOI '2 $ 14 694 • s" " $"7&4 • so 71 $17 47 2 Preliminary Investigation and Orslgn
Request Existin1 Documentation s 2 $474 sc al $1,392 " 101 $1,864 Review R1f1r1n« Documents < 2 $474 SC 8 $1,392 SC IOI SU• Top01niphk:Surwy1nd 8H1M1p " 16 $3,792 12 s2.1n .. Sl,352 32 $10~ ,oil $25,311 Site Review " • $1.896 SC I SC SC 8 $1,894
Subtotal . so " s, 636 12 $2.772 .. $11136 32 $10400 ,,.1 $JO"" 3 Utility Coordination
Pothoina; Coordlnation (HIUffll 20 potholes) I so 2 $474 so • $.1,392 so 101 $1,864 MHIUfl W1terY1lves I so 2 $474 so 8 $1,392 so 10 $1.861 Vt [lltv Coordfnuion -1 <nl 16 $3,7921 ~ 16 ~784 <nl 3iJ $6,57 Subtotal • $0 20 $4 7401 • inf 32 $5 561 • so 52 $10-
4 CHslgn Ocw lopment & PS&E
Conc~tP!.n 21 SS441 16 $3,7921 so 24 $4,176 so 42 1 $8,5t:
""'PS&E 21 $S441 .. Sll,3761 • $1,848 iiiil S2i•A,J <oi 218 $41,601 100%PS&E 21 $4741 40 $9,4801 12 $2,844 ISO $31,32~ so 234, $44,111 Subtotal , 1 $1.5621 104 $24 5481 20 $4692 ... $63 336 • so ... s,. ,., s Post-CHslgn S~rvices
8idPh1s.Servlces I <nl 4 $9481 2 $462 8 $1,392 <nl 14I s,= Construction Phlse Services "" 24 SS688 4 $924 32 $5 568 "' 60 $12,11( RecordDr1wJn s I I $01 21 $4741 I soi 16 $2 7841 I '"' 18 $3,2 Subtotal ol sol 30 $71101 • $1386 ,., $9 744 • so ,,, $18 2 Relmburnbl• Ex--•s s•- SUBTOTAlS • s,,., 244 $ 57 38 $U50 532 $92 ""· 1 32 $10400 1s2l $173&1'1.
Notes: Titles ind houn ue estim1tes. W• expect to pro111de res01.1rces H needed while th• project develops. Office survey stiff hours mily be lnterc:h1n1e1ble with en1lnNrln1 staff hours.
DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860
EXHIBIT B
PROFESSIONAL CONSULTANT SERVICES
INSURANCE REQUIREMENTS
Without limiting CONSULTANT'S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers' compensation insurance. CONSULTANT shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
Note: Workers' compensation and employer's liability insurance requirements may be eliminated for certain sole proprietorships, partnerships, or corporations without employees.
Consultant shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
West Grand Street Scape, 4th Street - 8t h Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsu lta nts.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insu ranee or selfinsurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY'S rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY'S Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. 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.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any crossliability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, 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 and endorsements 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 consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
CITY's right to revise specifications. 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 and Consultant may renegotiate CONSULTANT'S compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT'S performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860
EXHIBIT C
PROFESSIONAL CONSULTANT SERVICE
CITY OF GROVER BEACH
DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Grover Beach or any of its □ [x] agents?
2 Do you represent any firm, organization or person who is in litigation with □ [x] the City of Grover Beach?
3 Do you currently represent or perform work for any clients who do □ [8J business with the City of Grover Beach?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Grover Beach, □ ~ or in a business which is in litigation with the City of Grover Beach? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Grover Beach employee who has any □ ~ significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? □ [8J
* If the answer to any question is yes, please explain in full below. -
Explanation: [ {?vi~ ~cdf - ·--· ..
N/A Signature
6/29/2022
Date
Brian Scott
Name
BKF Engineers
Company
255 shoreline Dr, suite 200
Address
D Additional page(s) attached. Redwood City, CA 94065
City, State, Zip
• West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019