Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 13, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: Award of Professional Design Engineering Services for Street Rehabilitation and Repair Projects (CIP 2295-16 and 17)
RECOMMENDATION
Authorize the City to enter into a Consulting Services Agreement in an amount not to exceed $426,480 with Rick Engineering for design phase services, bidding phase services, and postdesign services during the construction phase of CIP projects 2295-16 and 2295-17, Street Rehabilitation and Repair Projects; authorize the Budget Amendment Request to advance the funds budgeted in FY 2023-24 to this fiscal year; authorize the Director of Public Works to negotiate contract amendments not to exceed $40,000 if needed; and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
The Public Works Department requested proposals from three of the seven firms on the Street and Roadway Design Services shortlist (RICK, Cannon and North Cost Engineering). The department did not request proposals from other firms that currently have an open contract for design work for the City (BKF, Wallace, AKA and GHD). This RFP is unique in that it combines two projects for the design effort which will involve preparation of two separate bid packages but possible merger of some design scope tasks. The street segments for each project are listed below along with the number of blocks in parenthesis:
2295-16
• Ramona: N. 10th to N. 14th (4)
• Front: Newport to Parkview (3)
• Saratoga: N. 8th to Front (8)
• Beckett: Brighton to Newport (1)
• N. 2nd: Newport to Saratoga (1)
• N. 2nd: Atlantic City to Park View (1)
2295-17
• N. 9th: West Grand to Atlantic City (5)
• N 11th: West Grand to Ramona (1)
• N 12th: West Grand to Newport (3)
• Brighton: N. 10th to N. 13th (3)
• Ramona: 16th to Oak Park (2)
• Alma Ct: (1)
• Moss Ct: (1)
Staff Report: Award of Professional Design Engineering Services for CIP 2295-16 and 17 Page 2 March 13, 2023
The City received proposals from the three firms. Of the three firms, RICK Engineering provided the most thorough proposal with an in-depth investigation into the project. This firm has best captured the intent of combing the design effort. Their number of working hours indicates the consultant has consolidated some of the initial design tasks and they will provide the best product for the City, especially with this combined design effort.
Rick Engineering identified a base budget of $386,480 to complete the items identified in the RFP scope of work. Staff is recommending a contingency budget of $40,000 for services that may be required including detailed site survey work, additional detailed geotechnical exploration, and potholing of underground utilities. Staff recommends the Council authorize the Director of Public Works to negotiate contract amendments for these contingency services. Additional services will only be performed upon written authorization. The aggregate sum of the base budget and contingency budget are within the budget allocated for design engineering services for the two projects.
FISCAL IMPACT
Total funding allocation for CIP projects 2295-16 and 2295-17 including design and construction costs is included in the draft CIP for fiscal year 2023-24 to be presented to the Council on March
27. Funding for this design work will be provided from Measure K-14 bond funding. Staff recommends the Council approve a budget amendment request to advance the funds to this fiscal year. The total estimated budget is not to exceed $426,480, which is within the existing budget for FY 2023-24 and the balance of Measure K-14 bond funds is sufficient to allow for the recommended budget amendment.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize the City to enter into a Consulting Services Agreement in an amount not to exceed $426,480 with Rick Engineering for design phase services, bidding phase services, and post-design services during the construction phase of CIP projects 2295- 16 and 2295-17, Street Rehabilitation and Repair Projects; authorize the Budget Amendment Request to advance the funds budgeted in FY 2023-24 to this fiscal year; authorize the Director of Public Works to negotiate contract amendments not to exceed $40,000 if needed; and authorize the Mayor to execute the agreement on behalf of the City; or
2. Do not authorize the City to enter into a Consulting Services Agreement and other actions related to this design work; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Map of 2295-16
2. Map of 2295-17
3. CIP 2295-16 and CP 2295-17 Design Agreement
Project #2295-16
Project identified by City Council 7/20/2020
Design and Construction schedule TBD
STREET LIST:
1. North 2nd Street, Saratoga Avenue to
Newport Avenue, Atlantic City to Park View
2. Beckett Avenue, Brighton Avenue to Newport
Avenue
3. Front Street, Newport Avenue to Parkview
Avenue
4. Ramona Avenue, North 10th Street to North 14th
Street
5. Saratoga Avenue, Front Street to North 8th
Street
Attachment 1
Project #2295-17
Project identified by City Council 8/23/2021
Design and Construction schedule TBD
STREET LIST:
Alma Court
Brighton Avenue, N. 10th Street to N. 13th Street
Moss Beach Court
Ramona Avenue, N. 16th Street to Oak Park Boulevard
North 9th Street, West Grand Avenue to Atlantic City Avenue North 11th Street, West Grand Avenue to Ramona Avenue
North 12th Street, West Grand Avenue to Newport Avenue
AGREEMENT
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES MEASURE K-14 STREET REPAIR AND REHABILITATION, CIP 2295-16 and 2295-17 THIS AGREEMENT is made and entered into effective the 13th day of March 2023, by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and RICK ENGINEERING COMPANY (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional construction design services for the Measure K-14 Street Repair and Rehabilitation Project, CIP 2295-16 and CIP 2295-17, 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 professional design services 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 $386,480.
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 Attachment 3
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 III. 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 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 threedimensional 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.
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 fault 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
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 that 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/subconsultant 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 (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.
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 shall 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 10(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 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 shall 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.
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, Gregory A. Ray, PE, Public Works Director/City Engineer, 154 South Eighth Street, Grover Beach, CA 93433
(b) CONSULTANT: Rick Engineering Company, Thomas E. Martin, PE, Associate Principal, 160 Marsh Street, Suite 150, San Luis Obispo, 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.
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 agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.
AGREEMENT SIGNATURES
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL CONSULTANT SERVICES
MEASURE K-14 STREET REPAIR AND REHABILITATION, CIP 2295-16 and CIP 2295-17 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first written above.
CITY OF GROVER BEACH
Karen Bright, Mayor Date
Attest:
Wendi Sims, City Clerk Date
Approved as to Form:
David P. Hale, City Attorney Date
RICK ENGINEERING COMPANY
Thomas E. Martin, PE, Associate Principal Date
Attachments:
1. Attachment A - Scope of Services and Fee Schedule
2. Attachment B - Insurance Requirements
3. Attachment C - Disclosure of Conflict of Interest
ATTACHMENT A
PROFESSIONAL CONSULTANT SERVICES
CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023
It is anticipated that utility facilities may be encountered during design and construction that warrant coordination with their relevant owners. We understand the importance of identifying and resolving these potential conflicts as early as possible. With that in mind we intend to compile a list the visible, surveyed above ground and underground utilities (provided by City Atlas and purveyors) that will be identified in our design and construction documents. If potential conflicts are identified, we will pothole and locate the affected utility facilities and coordinate necessary relocations with the pertinent owners.
As indicated in the Request for Proposal we understand the City is interested in minimizing pavement surface assets where it is deemed appropriate by City staff in order to reduce recurring maintenance costs.
Additionally, we understand that the City may provide waterline upgrade improvements to the design team for inclusion in the construction documents for bidding.
A site visit was conducted to review existing conditions at each of the proposed project locations and to consider the scope of proposed improvements. The results of this field review are reflected in the proposed limits and work shown in Attachment A. Additionally, we have relied on our previous work and collaborations with City staff to inform our scope and project approach on the CIP 2295-16 and 2295-17 projects below.
WORK APPROACH
The following scope of work was developed in accordance with the work outlined in the Request for Proposal and our previous work with the City.
TASK 1 – Project Management and QA/QC
RICK will perform the following project management duties: management of subconsultants, regular phone and email communications with the City’s Project Manager, development and maintenance of a design schedule, regular monthly invoicing including monthly progress reports, development and execution of action item logs following team meetings.
This task includes maintaining communications with the City and team members throughout the design, bid, and construction phases. Additionally, the RICK team will organize and attend an initial site visit with City staff, organize and attend a kickoff meeting, and participate in weekly design coordination meetings or conference calls. A weekly 30-minute conference call with the RICK and City Project Manager is expected during the design phase to convey the status of the design and to resolve questions and design issues. Provide technical assistance in answering City, contractor, construction manager, landowner, and utility owner questions during the project.
RICK has developed an internal Quality Assurance and Control (QA/QC) Plan to be applied to relevant project documents prior to submittal. RICK and subconsultants will apply the QA/QC Plan throughout the duration of the project consistently to relevant submittals. At a minimum, the plan will be applied to design calculations, plan checks, design checklists, and project studies and/or reports.
Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023
The estimate work includes the following for both projects combined:
• Topographic Survey
o Field Work (Two-man crew at prevailing wage rates)
▪ 16 Days
o Office Work – Processing and Drafting
▪ 18 Days
• Boundary Survey & Pre-Construction Record of Survey (±40 CL Monuments and ±100 Right of Way Monuments at Intersections)
o Field Work (Two-man crew at prevailing wage rates)
▪ 12 Days
o Office Work – Boundary Research, Drafting of Record of Survey ▪ 16 Days
B. Utility Coordination
The RICK team will coordinate with overhead and underground utility providers project-wide and incorporate their as-constructed and/or atlas information into the topographic survey with the pertinent information provided by the utility facility owners, including City owned facilities. Prior to collection of the topographic survey, the RICK team will submit a ticket to DigAlert for the relevant project streets to mark and collect field identified locations when topographic survey is completed.
If potential utility conflicts are identified, RICK will coordinate relocations and/or adjustments of the affected facilities prior to the beginning of construction.
TASK 3 – Preliminary Plans and Cost Estimate
Following the completion of topographic and base mapping, the RICK team will prepare preliminary conceptual plans based on existing conditions for review and approval by the City. The preliminary plan submittal will include a planning level cost estimate using current bid results for similar projects and Caltrans database information.
The conceptual plans will be subject to an internal QA/QC review and submitted to the City for review and approval prior to commencing with the draft plans, specifications, & estimate to ensure cost effective and timely delivery of the project.
TASK 4 – 9
th Street Drainage Assessment
RICK will prepare a drainage study for storm drain facilities design for North 9th Street between Grand Avenue and Atlantic City Avenue. The study will be consistent with the City of Grover Beach Standards and Specifications, dated June 5, 2016. The report will address all the on-site drainage and only the offsite drainage which is tributary to the project boundary.
Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023
More specifically, we will prepare and submit to the City one (1) Drainage Study letter report for the design of storm drain facilities within North 9th Street. Calculations and design included are: rational method hydrologic calculations for the 100-year storm event, street capacity conveyance analysis, and the design and sizing of inlets and a storm drain system in North 9th Street to meet the City’s design requirements.
It is anticipated that the proposed storm drain system will tie-into the existing and/or proposed storm drain system in Grand Avenue and that the as-built plans as well as design calculations for the system will be provided to RICK. It is assumed that the storm drain system was designed to intercept the flow from North 9th Street. Therefore, no analysis of the existing system downstream is anticipated and the starting HGL for this analysis will be taken from the design calculations for the existing system.
This task includes preparing drainage study maps and preparing the letter report summarizing the calculations performed.
A map of the City’s drainage watersheds (Hydrology) and our assumed street flow area (Hydraulics) is shown for reference in Attachment C.
TASK 5 – Plans, Specifications, & Estimate (PS&E)
It is anticipated that the City will provide comments on the preliminary plans and estimate in written form.
Following review and approval of the preliminary plans and estimate, RICK will prepare the project plans, specifications, and cost estimate.
As provided by the City, water and/or sewer utility improvements will be incorporated into the PS&E documents in each subsequent submittal.
PS&E documents will adhere to the City’s Post Construction process and the requisite Post Construction supporting documentation will be submitted to the City to ensure compliance with Regional Water Quality Control Board (RWQCB) requirements. Additionally, the appropriate mitigation measures will be incorporated into the project plans to comply with City and/or RWQCB requirements. Based on previous project experience, removal and reconstruction of pavement is not considered by the City to be “new impervious surface” to be treated with post construction facilities.
A. First Draft (75% PS&E)
Based on the approved preliminary configuration the RICK team will finalize the draft design, prepare draft plans, draft technical specifications based on Caltrans 2010 Standard Specifications, and a draft engineer’s estimate. The engineer’s estimate will utilize the most recent unit price data available from similar public works projects recently bid within the city of Grover Beach or relevant projects within SLO County. During this task, RICK will perform an in-house quality control review. Hard copies and an electronic set of plans and technical specifications will be submitted to the City for review.
It is anticipated that the City will provide any sewer or water utility improvements as outlined above for inclusion in the draft plans, specifications and estimate. The following plan sheets are anticipated for each of the two projects:
Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023
• Title and Location Map .................................................................. 1 sheet • Typical Cross Sections.................................................................... 1 sheet • Survey Control ............................................................................... 1 sheet,1” = 100’ scale • Plan & Profile Sheets...................................................................... 18 sheets, 1” = 20’ scale • Construction/Ramp Details............................................................ 10 sheets, 1” = 5’ scale • Utility Plans.................................................................................... 2 sheets, 1” = 50’ scale • Pavement Delineation and Sign Plans ........................................... 4 sheets, 1” = 20’ scale • Standard Plans and Details............................................................ 2 sheets, NTS Total sheets anticipated per Project: 39
If required, draft design exceptions for any curb ramps within the project limits that cannot feasibly meet ADA requirements shall be prepare and submitted to the City.
B. Final Draft (100% PS&E)
Following the receipt of any written comments from the City pertaining to the draft PS&E, RICK will finalize the design and prepare final PS&E construction documents for bidding.
During this task, RICK will perform its final in-house quality control review. Hard copies and an electronic set of plans and technical specifications will be stamped, signed, and delivered to the City for bidding as requested in the Request for Proposal.
As needed, final design exceptions for any curb ramps that cannot feasibly meet ADA requirements shall be prepare and submitted to the City for future records.
TASK 5 – Bidding Support
RICK will provide assistance during bidding of the construction documents including responding to technical Requests for Information (RFIs) from bidders and preparing addenda to the PS&E documents that may result from RFIs. We have budgeted 64 hours for both the Project Manager and Engineering Designer for this task.
RICK will attend a pre-bid meeting if requested by the City. We have budgeted 4 hours for this task.
TASK 6 – Construction Support
RICK will provide assistance throughout the duration of construction of the project including attendance at a pre-construction meeting, general interpretation of plans and specifications, review and comment on shop drawings, response to RFIs, construction site observations, and development of plan revisions as needed. We have budgeted 30 hours for the Project Manager and 50 hours for the Engineering Designer for this task.
ESTIMATED FEES
Pursuant to the Request for Proposal, a separate fee estimate is included as an attachment for review.
Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023
ASSUMPTIONS AND EXCLUSIONS
The following exclusions apply to this proposal:
1. Electrical design, if applicable.
2. Sewer and water utility design.
3. County application and recording fees.
4. Services not included in the scope above.
Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023
SCHEDULE
The schedule below represents milestones that align with the City’s preliminary schedule listed in the Request for Proposal assuming an award date two weeks after the proposal is submitted. Actual milestone dates will be determined after project kickoff and will be coordinated with the City and project team. Note that the RFP and City’s goals for bidding are July 2023 (2295-16) and Fall 2023 (2295-17). Expediting of this schedule is possible if the City’s goals are more aggressive than the schedules below.
2295-16 Project
Item Duration Estimated Finish Date
Council Award - Monday, Feb 27, 2023
Project Initiation 1 week Monday, March 6, 2023
Utility Coordination 4 weeks Monday, Apr 3,2023
Surveying 4 weeks Monday, Apr 3,2023
Preliminary Plans and Estimate 4 weeks Monday, May 1, 2023 First Draft (75% PS&E) 7 weeks Monday, June 18, 2023
Final Draft (100% PS&E) 3 weeks Wednesday, July 12, 2023 Bid Support Ongoing Ongoing
Construction Support Ongoing Ongoing
2295-17 Project
Item Duration Estimated Finish Date
Council Award - Monday, Feb 27, 2023
Project Initiation (Shift for 2nd
Project) 1 week Monday, May 8, 2023
Utility Coordination 4 weeks Monday, June 5, 2023
Surveying 4 weeks Monday, June 5, 2023
Preliminary Plans and Estimate 4 weeks Monday, July 3, 2023 First Draft (75% PS&E) 7 weeks Monday, August 21, 2023
Final Draft (100% PS&E) 3 weeks Tuesday, September 12, 2023 Bid Support Ongoing Ongoing
Construction Support Ongoing Ongoing
This schedule is preliminary. RICK Engineering will endeavor to meet each target date given the initial project conditions remains as prescribed in the Request for Proposal. If notice to proceed and/or start of work is delayed for any reason beyond sixty (60) days, it is understood by the parties that the above schedule will be adjusted accordingly, and the terms and conditions contained herein are subject to change.
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Task Description U/M Est. Qty Rate Extended Price
Associate Principal HR 4 $ 260.00 $ 1,040.00
Principal Project Engineer HR 24 $ 220.00 $ 5,280.00
Assistant Engineering Designer HR 16 $ 135.00 $ 2,160.00 Associate Principal HR 16 $ 260.00 $ 4,160.00
Principal Project Engineer HR 50 $ 220.00 $ 11,000.00
Subconsultant - (Cost +OH MU) LS 1 $ 121,160.00 $ 121,160.00 Principal Project Engineer HR 16 $ 220.00 $ 3,520.00
Assistant Engineering Designer HR 32 $ 135.00 $ 4,320.00 Associate Principal HR 4 $ 260.00 $ 1,040.00
Principal Project Engineer HR 48 $ 220.00 $ 10,560.00
Assistant Engineering Designer HR 48 $ 135.00 $ 6,480.00 Associate Principal HR 2 $ 260.00 $ 520.00
Principal Project Engineer HR 24 $ 220.00 $ 5,280.00
Assistant Engineering Designer HR 30 $ 135.00 $ 4,050.00 Associate Principal HR 12 $ 260.00 $ 3,120.00
Principal Project Engineer HR 80 $ 220.00 $ 17,600.00
Principal Engineering Designer HR 240 $ 165.00 $ 39,600.00 Assistant Engineering Designer HR 280 $ 135.00 $ 37,800.00 Associate Principal HR 16 $ 260.00 $ 4,160.00
Principal Project Engineer HR 160 $ 220.00 $ 35,200.00
Principal Engineering Designer HR 96 $ 165.00 $ 15,840.00 Assistant Engineering Designer HR 200 $ 135.00 $ 27,000.00 Principal Project Engineer HR 36 $ 220.00 $ 7,920.00
Assistant Engineering Designer HR 32 $ 135.00 $ 4,320.00 Principal Project Engineer HR 30 $ 220.00 $ 6,600.00
Assistant Engineering Designer HR 50 $ 135.00 $ 6,750.00 $ 386,480.00
EST. CONSTRUCTION COST $ 4,200,000.00
% OF CONSTRUCTION COST 9.2%
City of Grover Beach
CIP 2295-16 & 17 Measure K-14 Street Repair
FEE ESTIMATE
Kick-Off Meeting, Site Visit, Monthly Team Meetings & QA/QC TASK 1
Project Management
and QA/QC
Weekly and Monthly Coordination with City
TASK 5
Bidding
Support
Pre-Bid RFIs, Addenda, Bid Review & Evaluation
TASK 3
Preliminary
P&E
Utility Coordination
Initial Conceptual Design & Collaboration with City
TASK 2
Topo Survey
and Utility
Coord
Topographic Survey & Monument Research
First Draft (75% PS&E)
Final Draft (100% PS&E)
TASK 4
Plans, Specifications, & Estimate
(PS&E)
Hydrology and Hydraulics
TASK 4
9th St
Drainage
Total Design Estimate
TASK 6
Construction
Support
Construction RFIs, Submittals & Record Drawings
ATTACHMENT 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.
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 subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance 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 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.
ATTACHMENT C
PROFESSIONAL CONSULTANT SERVICE
CITY OF GROVER BEACH
DISCLOSURE OF CONFLICT OF INTEREST
Explanation:
Signature
Date
Name
Company
Address
Additional page(s) attached.
City, State, Zip
YES* NO
1 Are you currently in litigation with the City of Grover Beach or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Grover Beach?
3 Do you currently represent or perform work for any clients who do 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?
* If the answer to any question is yes, please explain in full below.