Paso Robles City Council
August 20, 2024

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CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
TO: INTERESTED INDIVIDUALS OR FIRMS
FROM: FREDA BERMAN, PUBLIC WORKS DIRECTOR
SUBJECT: INVITATION TO SUBMIT PROPOSALS TO THE CITY OF PASO ROBLES TO

PROVIDE DESIGN SERVICES FOR CITY HALL REMODEL
DATE: JANUARY 18, 2024
The attached Request for Proposals (RFP) describes the general project background and scope of services for remodeling Paso Robles City Hall. Located on the second floor of the City Hall/Library building at 1000 Spring Street, City Hall houses the City Managers Office and the Community Development, Public Works and Utilities Departments
Interested parties are invited to submit proposals to provide design services for the remodel of Paso Robles City Hall (“Project”). Submit four (4) bound copies and one (1) electronic copy on a flash drive.

Proposals are due by 5:00 p.m. on Friday, March 1, 2024 and should be addressed to:

City of Paso Robles
Public Works Department
Attention: Freda Berman
1000 Spring Street
Paso Robles, CA. 93446
Please mark the envelope: “Proposal to Provide Design Services for City Hall Remodel” Attachment 1

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REQUEST FOR PROPOSALS TO PROVIDE DESIGN SERVICES

FOR CITY HALL REMODEL
DPW PROJECT NO. 24-01
I. SUBMITTAL DATA
All proposals submitted in response to this Request for Proposals (RFP) must be received by mail, recognized carrier or hand delivered, not later than 5 p.m. on Friday, March 1, 2024, at City Hall, 1000 Spring Street, Paso Robles. Submit four (4) bound copies and one (1) electronic copy on a flash drive.

Please note on the envelope:
“Proposal to Provide Design Services for City Hall Remodel” ▪ Costs of preparation of the proposal shall be borne solely by individual or firm making the proposal.
▪ This request does not constitute an offer of employment or a contract for services. ▪ All questions and correspondence should be directed to:

Freda Berman, Public Works Director
City Hall
1000 Spring Street
Paso Robles, CA 93446
805-237-3861
e-mail: [email protected]
To ensure a response, questions must be received by 5 p.m. on Tuesday, February 20, 2024.

II. SELECTION PROCESS
▪ An individual or firm will be selected based upon staff review of the qualifications and the possible presentation of the proposals to the City Council. ▪ Selected staff will be evaluating such factors as demonstrated expertise and experience, understanding of current office design consistent with an occupied, at capacity municipal facility, while still maintaining a welcoming aesthetic for the public, the ability to perform the desired services within a specified time frame, a record of satisfactory work associated with projects of this type performed for either this City or other agencies, and completeness in responding to the RFP.
▪ Individuals or firms need also demonstrate experience in designing public facilities that comply with the State of California disabled access standards and the Americans with

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Disabilities Act, as well as significant experience in interior design incorporating ergonomic considerations.
▪ All responses to this Request for Proposals and other material submitted to the City in response to this RFP become the property of the City.

III. GENERAL BACKGROUND
The City of El Paso de Robles City Hall/Library building was opened at 1000 Spring Street in 1995 and is comprised of approximately 28,680 gross square feet including an 18,000 square foot library on the ground floor and 10,000 square foot City Hall on the second floor.

Although adjustments have been made to cubicle configuration and storage areas, the City Hall offices have not been remodeled in nearly 29 years.

A combination of growth in staffing, changes in service delivery models, and the need to implement modern security elements have proven a need for more staff work space, an additional meeting area, and upgraded facility security. Optimizing the currently unused space and standardizing what is currently being used to maximize capacity is desired.

The remodeling scope must include:
• New office cubicles and chairs that standardize space allocations and increase the number of workspaces when compared to the current configuration
• One additional conference area in a public access area • Security upgrades including electronic keying, public counter with secure gate, and creation of a safe room
• New wallcoverings and paint
• New carpet and resilient flooring
The City did complete both a space programming project and security evaluation of the City Hall facility. Although reflecting a different scope, those documents would be made available to the successful proposer.

Key to this design process is the development of a budget estimate to include construction plans and technical specifications for both physical modifications and fixtures, furniture and equipment, construction costs and construction administration.

The current available budget for both design and construction, including all contingencies, is $1.35 million.

IV. OBJECTIVES
The individual(s) or firm(s) selected will work directly with several City Departments/Divisions:

Public Works; City Managers Office; Community Development and the Building Division. All will have input in the design and approval of the remodeling plans.

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V. REQUIRED FORMAT
Statements of Qualifications and Proposals shall include all of the following:

A. A statement reflecting the individual's or firm's understanding of the scope of the issues to be addressed.

B. An outline of the proposed approach to addressing the City's requirements.

C. Identification of the specific person(s) who would be assigned to the City's project.

D. Qualifications of assigned personnel (RE. Architectural License, registration as a Engineer, etc.).

E. Identification of available support resources as applicable.

F. Identification of any sub consultants to the person or firm providing service to the City, including resumes or qualifications of individuals or the firm as applicable.

G. A list of public agencies or private entities to which the proposer and the particular personnel proposed for the City's project have or are currently providing design services, including a description of the project and the name and phone number of a person the City can contact for a reference.

H. Proof of commercial general liability, automobile liability and professional liability insurance as required in City's contract.

I. ANY AND ALL EXCEPTIONS TO THE CITY'S ATTACHED CONTRACT FORM OR SCOPE OF SERVICES. PROPOSERS WILL BE DEEMED TO HAVE ACCEPTED ALL CONTRACT TERMS TO WHICH NO EXCEPTION IS TAKEN IN THE PROPOSAL.

J. A fee proposal including all fees, including sub consultant fees, reimbursable expenses and costs to provide the services described in this RFP and the attached contract form. Fees should be broken down into the following tasks: assessment, design, bidding, and limited construction administration services.

THE FEE PROPOSAL SHALL BE PLACED IN A SEPARATE SEALED
ENVELOPE. THE ENVELOPE CONTAINING THE FEE PROPOSAL SHALL BE MARKED “FEE PROPOSAL”.

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VI. PROPOSED TERMS

1.0 Scope of Work
The City is seeking a firm or individual who can supply planning, design, bidding and limited construction administration services.

2.0 Required Time Frames
The City anticipates awarding the design contract in March 2024 and having the design documents complete by July 2024.

The City will establish a schedule for completion of design services in conjunction with negotiation of the contract.

3.0 Payment Schedule
Upon completion of specific portions of work outlined in an accepted contract and submittal of an invoice in form acceptable to the City, payment will made within 30 calendar days for that portion of the completed work. No partial payments for incomplete services will be made.

4.0 Contract Requirement
The City will enter into a contract with the selected individual or firm in the form attached to this RFP. By entering into the agreement, the individual or firm selected shall warrant that he/she possesses all capital and other equipment, labor, and materials to carry out and complete the work in compliance with all Federal, State, County, City Laws, Ordinances, and Regulations.

VII. GENERAL PROVISIONS
A. No Commitment to Award. Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City expressly reserves the right to postpone the RFP for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one respondent concurrently, or to cancel all or part of this RFP.

B. Amendment to RFP. The City reserves the right to amend the RFP or issue to all respondents an addendum to answer questions for clarification.

C. Amendments to Proposals. No amendment, addendum or modification will be accepted after the deadline stated herein for receiving proposals. Respondent may modify or amend its proposal only if the City receives the amendment prior to the deadline stated herein for receiving proposals.

D. Non-Responsive Proposals. A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

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E. Late Proposals. The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

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SAMPLE

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES

SCOPE OF SERVICES

CITY OF EL PASO DE ROBLES

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as ________________, 20____ by and between the City of El Paso de Robles, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1000 Spring Street, Paso Robles, CA 93446 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project. City desires to engage Designer to render such services for the CITY HALL REMODEL ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to [INSERT DATE], unless earlier terminated as provided herein. Designer shall complete the

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Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates [INSERT NAME OF INDIVIDUAL DESIGNER] (License No. [INSERT NUMBER]) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: [INSERT NAMES, AND TITLES OF KEY PERSONNEL, AND LICENSE NUMBERS, IF APPLICABLE].

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

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3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in

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connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.

Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful

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requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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3.7 Schedule of Services.

3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Designer. Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should

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Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Designer Services.

3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure.

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(g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates [INSERT NAME AND TITLE], or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

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3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of [INSERT WRITTEN AMOUNT] Dollars ($[INSERT NUMERICAL AMOUNT]) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

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Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid.

The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.

3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.

Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor

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Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.

3.11 Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.

3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City

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would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the

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Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, but shall not otherwise be reduced. If Designer’s obligations to defend, indemnify, and/or hold harmless arise out of Designer’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Designer obtaining a final adjudication that

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liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Designer’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Designer’s proportionate percentage of fault.

3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured. The City of El Paso de Robles, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage

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(9) Independent Contractors Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.

Designer shall require all subconsultants to obtain and maintain, for the period required by this

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Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.

3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

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3.15.9 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.15.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise

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assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, 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 Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

3.15.12 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein.

Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.

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3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government.

These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Luis Obispo County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

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3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: Freda Berman, Public Works Director
CONSULTANT:
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any

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fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.33 Equal Opportunity Employment.

Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF EL PASO DE ROBLES
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF EL PASO DE ROBLES [INSERT NAME OF DESIGNER]
By: By:

Ty Lewis
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
REVIEWED:

By:

City Project Manager

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EXHIBIT “A”
DESIGNER’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. N/A

1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.

1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.

The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.

2.2 Meeting Budget and Project Goals. Designer is responsible to develop a budget estimate for the project. If, during the design process the estimate changes, Designer shall notify the City in writing. Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. As discussed herein, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the

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necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.

2.3 Permits, Approvals and Authorizations. As indicated in the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

3.1 Funding Documents. Designer shall provide a site plan and all other Projectrelated information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.

3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.3 Preliminary Project Budget. Designer shall use its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.

3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design

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development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.

4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).

4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.

4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“asbuilt drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.

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City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

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6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.

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EXHIBIT “B”

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

The estimated Total Compensation shall be inserted in Section 3.10.1 of the Agreement. For periodic payment purposes, this amount may be adjusted upon mutual agreement of the City and Designer according to the Designer’s Preliminary Project Budget, the Designer’s Updated Project Budget and the Designer’s Final Estimate.

2. PHASING/FUNDING SCHEDULE.

Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:

Initial Planning Phase: ________ percent (%____)
Schematic Plan Phase: ________ percent (%____)
Design Development Phase: ________ percent (%____)
Final Working Drawings & Specifications Phase: ________ percent (%____) Construction Contract Documents Phase: ________ percent (%____)

EXHIBIT “C”

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.
[INSERT DESIGNER’S HOURLY RATES]

2. REIMBURSABLE EXPENSES.
[INSERT AUTHORIZED REIMBURSABLE EXPENSES]

3. ADDITIONAL SERVICES.

Additional Services shall be computed at the actual hourly rates listed above.

4. ADDITIONAL CONSULTANTS.

If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus [INSERT AMOUNT OR PERCENTAGE]. Owner shall have the authority to review and approve the rates of any such consultants.

EXHIBIT A

PROJECT DESCRIPTION

1. The Project includes the assessment and design of all labor, materials, tools, transportation, equipment, services and facilities necessary for, and reasonably incidental to, the remodel of the City of Paso Robles City Hall office space.

2. The Project is located in the City of Paso Robles, California.

3. The Owner/Client is the City of Paso Robles.

4. The City's Project Manager is the Public Works Director or her designee.

EXHIBIT B

SCOPE OF SERVICES, AUTHORIZED SUBCONSULTANTS
AND

SCHEDULE OF PERFORMANCE

EXHIBIT C

HOURLY RATES

EXHIBIT D

INSURANCE REQUIREMENTS
Architect shall, at all times it is performing services under this Agreement, provide and maintain insurance in the following types and with limits in conformance with the requirements set forth below. Architect will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Architect agrees to amend, supplement or endorse the existing coverage to do so. Architect acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Architect in excess of the limits and coverage required in this agreement and that is applicable to a given loss will be available to City.

1. Commercial General Liability Insurance, occurrence form, using Insurance Services Office ("ISO") "Commercial General Liability" policy form CG 00 01 or the exact equivalent.

Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review, but in no event shall be less than $2,000,000 each occurrence, with an aggregate of not less than $4,000,000.

If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit;

2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event shall be less than $1,000,000 each occurrence. If Architect or its employees will use personal autos in any way on this Project, Architect shall provide evidence of personal auto liability coverage for each such person.

3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employers liability insurance, with minimum limits of $1 million per occurrence.

4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf of" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by insured first.

There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Architect, subconsultants or others involved in the Project. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000.00 per occurrence.

5. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Architect and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include

a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

6. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

7. General conditions pertaining to provision of insurance coverage by Architect. Architect and City agree to the following with respect to insurance provided by Architect:
a. Architect agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Architect also agrees to require all contractors, and subcontractors to do likewise. b. No liability insurance coverage provided to comply with this Agreement shall prohibit Architect, or Architect's employees, or agents, from waiving the right of subrogation prior to a loss. Architect agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
c. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
d. 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. e. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
f. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises.

Architect shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. g. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Architect's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any

insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Architect or deducted from sums due Architect, at City's option.
h. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Architect agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. i. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Architect or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. j. Architect agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Architect, provide the same minimum insurance coverage required of Architect. Architect 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. Architect agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. k. Architect agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Architect or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Architect's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Architect, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
l. 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 Architect ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Architect, the City will negotiate additional compensation proportional to the increased benefit to City.
m. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

n. Architect acknowledges and agrees that any actual or alleged failure on the part of City to inform Architect of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. o. Architect will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
p. Architect shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Architect's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
q. The provisions of any workers' compensation or similar act will not limit the obligations of Architect under this agreement. Architect expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. r. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. s. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
t. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. u. Architect agrees to be responsible for ensuring that no contract used by any party involved in any way with the Project reserves the right to charge City or Architect for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

v. Architect agrees to provide immediate notice to City of any claim or loss against Architect arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

EXHIBIT E

KEY PERSONNEL
AND

SUBCONSULTANTS

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Attachment 3
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

AWARDING A DESIGN SERVICES CONTRACT FOR CITY HALL REMODEL WHEREAS, the City Hall/Library building was opened in 1995 with much of the original fixtures and furniture in place; and
WHEREAS, City Hall is at full capacity for staff, storage and conference areas; and WHEREAS, a 2022 physical security assessment identified multiple risk areas that require action; and WHEREAS, the City circulated an invitation to submit proposals for design services for City Hall Remodel; and
WHEREAS, eight firms submitted proposals of which three were interviewed by a panel consisting of representatives of departments housed at City Hall; and WHEREAS, the panel is recommending Ten Over Studio, Inc. be retained to provide the requested design services; and
WHEREAS, the City Council finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378, as it can be seen with certainty that the design services contemplated by this contract will not result in a direct or reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby awards a contract in the amount of $193,866 for design services for City Hall Remodel to Ten Over Studio, Inc. and authorizes the City Manager to execute the Agreement, subject to any minor, technical, or non-substantive changes as approved by the City Manager and City Attorney.

Section 3. Funds for the City Hall Remodel project are to be allocated from the approved Capital Projects budget, and no further action is required.

APPROVED this 20th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

Council Agenda Report
From: Ditas Esperanza, Capital Projects Engineer
Subject: Approval of Award of Contracts for Construction and Construction Management Services for Sherwood Neighborhood Waterline Upgrades and Repairs CEQA Determination: The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).

Date: August 20, 2024
Facts

1. In January 2023, the City Council adopted a budget to perform road repairs and rehabilitation in the Sherwood neighborhood using Supplemental Sales Tax.

2. The 2020 Water Master Plan identified the need to upgrade water mains within the Sherwood neighborhood to meet fire flow deficiencies necessitating the removal and replacement of the old mains. As a result, the road repair project was placed on hold and work focused on the water mains.

3. Plans were prepared to upgrade and repair the water mains within the Sherwood neighborhood and advertised for bids on June 20, 2024.

4. At the bid opening on July 25, 2024, four bids were received as follows with an engineer’s estimate of $1,925,700:

Company Bid Amount
Hartzell General $2,054,840
Specialty Construction $2,239,628
V. Lopez Construction $2,304,967
Raminha Construction $2,578,080

5. Staff reviewed the low bid from Hartzell General and found it to be a responsible and responsive bid.

6. Given the nature of the project, construction management consultant services are required. In accordance with the City’s Purchasing Policy, procurement for professional services, such as construction management services, shall be based on qualifications.

7. The City issued a Statement of Qualifications Request for Proposal to establish a list of qualified consultants for the City to select from on an as needed basis to provide construction inspections. A total of four consultants are currently on this list, which staff have been utilizing to supplement and assist with City projects. Cannon Corporation (Cannon) is one of the consultants on the City’s list of qualified consultants.

8. Water line projects in older neighborhoods often present challenges, such as coordinating with residents and dealing with outdated pipes that can lead to complex issues. Cannon has designed the water line upgrades for the Sherwood neighborhood and is well-positioned to efficiently handle construction inspection services. They are familiar with the City’s protocols and have proven their

qualifications, technical expertise, and high-quality work on other projects. Cannon has provided a scope of work with a fee of $289,396. This fee is considered fair and reasonable, falling within an acceptable range relative to the construction contract. Any contract exceeding $100,000 requires formal approval from the City Council.

9. 10. At the conclusion of the water line project, road resurfacing will commence.

Options

1. Take no action;

2. Authorize the City Manager to award a construction contract to upgrade and repair the water mains within the Sherwood neighborhood to Hartzell General for $2,054,840, and a construction management services contract to Cannon for $289,396; or

3. Provide alternative direction to staff.

Analysis and Conclusions
The road surfaces in the Sherwood neighborhood are in need of repair. The Pavement Condition Index (“PCI”) ranges from 19 to 52 (on a scale of 1 to 100). To protect the repair investment, the water mains in the Sherwood neighborhood need to be upgraded and repaired to meet fire flow deficiencies prior to the road work. Staff reviewed the low bid from Hartzell General and found it to be a responsive and responsible bid.

Fiscal Impact
The total contract amount to Hartzell General for the water main upgrades totals $2,054,840 and construction inspection services to Cannon Corporation totals $289,396, for a total construction cost of $2,344,236. The City’s Water Capital Improvement Program budget for FY 2024-25 includes appropriations for this project. Therefore, no additional action is required at this time.

CEQA
The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).

Recommendation (Option 2)
Approve Resolution 24-XXX, authorizing the City Manager to enter into a construction contract to upgrade and repair the water mains within the Sherwood neighborhood to Hartzell General for $2,054,840, and a construction management services contract to Cannon for $289,396.

Attachments

1. Resolution 24-XXX – Sherwood Neighborhood Water Upgrades a. Hartzell General Bid Proposal

Attachment 1
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

AWARDING CONTRACTS FOR CONSTRUCTION AND CONSTRUCTION MANAGEMENT

SERVICES FOR THE SHERWOOD NEIGHBORHOOD WATERLINE UPGRADES AND REPAIRS WHEREAS, in January 2023, the City Council adopted a budget to perform repairs of the Sherwood neighborhood using Supplemental Sales Tax, but the 2020 Water Master Plan identified the need to upgrade water mains within the Sherwood neighborhood to meet fire flow deficiencies and to remove and replace the old mains in advance of the road repairs; and WHEREAS, plans were prepared to upgrade and repair the water mains within the Sherwood neighborhood and advertised for bids on June 20, 2024; and WHEREAS, at the bid opening on July 25, 2024, four bids were received ranging from $2,054,840 to $2,578,080, with an engineer’s estimate of $1,925,700; and WHEREAS, Staff reviewed the low bid from Hartzell General and found it to be a responsible and responsive bid; and
WHEREAS, consulting construction management services are required for this project; and WHEREAS, the City issued a Statement of Qualifications Request for Proposal to establish a list of qualified consultants for the City to select from on an as needed basis to provide construction inspections with a total of four (4) consultants currently on this list including Cannon Corporation; and WHEREAS, Cannon is uniquely positioned to perform the construction management services at a cost of $289,396, and the City’s existing contract with Cannon Corporation requires the City to return to City Council for formal action if that existing contract exceeds $100,000.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. Authorize the City Manager to award a construction contract to upgrade and repair the water mains within the Sherwood neighborhood to Hartzell General for $2,054,840, and a construction management services contract to Cannon for $289,396.

Section 3. The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).

APPROVED this 20th day of August, 2024, by the following vote:

AYES:

NOES:

Attachment 1
ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

1.1 Bid.
00 41 43- BIO FORMS

BID FORM
Bids will be received at the City of El Paso de Robles City Hall, 1000 Spring Street, Paso Robles, CA 93446, until 2:00 p.m. on Thursday, July 25, 2024.

NAME OF BIDDER: Hartzell General Engineering Contractor, Inc To the Honorable City Council
of the City of El Paso de Robles
1000 Spring Street
Paso Robles, California 93446
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:

Sherwood Neighborhood Waterline Upgrades, OPW 22-14A
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. -1 --------------------

1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

2. Attached is the completed Designation of Subcontractors form.

3. Attached is the fully executed Noncollusion Declaration form.

4. Attached is the completed Iran Contracting Act Certification form.

5. Attached is the completed Public Works Contractor Registration Certification form.

6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

7. Attached is the completed Bidder Information and Experience form.

8. Site Visit Affidavit

9. Proposed Major Equipment and Material Suppliers

10. Fleet Compliance Certification
82477.07000\31456712.1 -19- 00 41 43 - BID FORMS
Exhibit a

BID FORM

BID SCHEDULE
A. BID SCHEDULE
Item Item Est. Unit Unit Cost Total Item Cost Number Quan. 1 Mobilization 1 LS q 0, 000 . ,.:;:,o 9o oco.
c:,c:,
2 Water Pollution Control 1 LS 4 o, <:::cc>, � '(QLODC>'C>Q 3 Traffic Control 1 LS IOC> CDC>. CD I oc:,, oec>. oo
u�•
4 4" PVC Pipe 30 LF 25'°0. DO -=!'.�. 00
.. --·-·
5 6" PVC Pipe 1,540 LF lbs-. 00 25'1, /00,
� -
6 8" PVC Pipe 1,540 LF 2.00,00 soe., CC:O, 00
7 Utility Overcrossing - 6" DIP 3 EA =J-9<:b, co 23_, '-/CO.= 8 Storm Drain Undercrossing - 8" DIP 1 EA 14 �co. 00 I "I, s-oo. CJI;> 9 4" Gate Valve 3 EA I, e,:o. oo s,c.too. 00
10 6" Gate Valve 18 EA 21 300, OD 'I I, 1./oo. ao
11 8" Gate Valve 19 EA 3,oco. 00 s;:,.. Ca:::>, c:o
12 1" Water Service 194 EA 3,, zco, 00 (;.z_o, �- 01:>
13 2" Water Service 1 EA 71-,ioo. ()Q � Z-oD, .....
14 Fire Hydrant - Standard 7 EA l�SW. 0" /OQ,�- =
15 2" Water Blow-Off 1 EA 12.-, 000 ' CD /2-, OC)O, =
16 2" Water Combination Air Valve 4 EA 12.,&ic.oo >f, 200, 00 17 Abandon Old Valves and Pipes 1 LS 2�'00:::,,0'C> :?S',oc,o. bO
18 AC Pavement 15,000 SF B.s-o I 2-'"=f-, s-ec. oo
19 Water Main Connections to Existing 12 EA System /O,obO. 00 /20, ooo, =
20 Concrete cross gutter at Santa Ysabel 1 LS �Sc>D. "° S,S'c:O. OC> 21 16" Steel Casing Pipe 1 LS 20, oc:o, "° 20,000.
oc
22 8" Restrained Ductile Iron Pipe 72 LF Z2D. 0-0 / "5:, 8 <lo. c:>C 824 77.07000\31456712.1 -20- 00 41 43 - BID FORMS
Exhibit a

BID FORM
GRAND TOTAL: __ z""+-, _0....::5 __ :(..,.,_B_Y;..,co:.... _
0 _
0_, _______________ _
BIDDER'S NAME: Hartzell General Engineering Contractor, lnc BIDDER'S SIGNATURE: ___________ C_ha__rle_ s_ _H_artz_ _ell,__P_res_ _ ide_ _ n_t ____ _ BIDDER'S COMPANY: Hartzell General Engineering Contractor, Inc The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon -the Unit Price.

TOTAL BASE BID PRICE:

TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR SHERWOOD NEIGHBORHOOD WATERLINE UPGRADES, DPW 22-14A BID ITEMS 1-22 $ -----'--z OS-'-'/ -�--6'--/0. ---()1) ---------------- Tot a I Base Bid Price in Numbers
$
I
h-.Jvc.J. -for �11�- I
� z,e.ro �-
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
82477.07000\31456712.1 -21- 00 41 43-8ID FORMS
Exhibit a

BID FORM
Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.

The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.

If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within San Luis Obispo County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations.

Enclosed find cash, bidder's bond, or cashier's or certified check No. csBA-27847 from the Harco Nat. Insurance Co. Bank in the amount of 10% of Bid Amount , which is not
less than ten percent (10%) of this bid, payable to City of El Paso de Robles as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.

The bidder furthermore agrees that in case of bidder's default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder's bond, or cashier's or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of El Paso de Robles.

Bidder is an individual ___ , or corporation _x __ , or partnership ___ , organized under the laws of the State of _C_A ____________
_
Bidder confirms license(s) required by California State Contractor's License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder's applicable license number(s), with their expiration date(s) and class of license(s):
1024896 A 8/31/26
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within fifteen (15) calendar days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.

The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than "A-" and a Financial Size Category of not less than "Class VII" according to the latest Best Key Rating Guide. At the sole 824 77 .07000\31456712.1 -22- 00 41 43- BIO FORMS
Exhibit a

Council Agenda Report
From: Ditas Esperanza, Capital Projects Engineer
Subject: Approval of a Construction Contract for Road Repairs on Golden Hill Road from Creston Road to Rolling Hills Road
CEQA Determination: The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).

Date: August 20, 2024
Facts

1. On February 4, 2020, the City Council approved the Updated Six-Year Street Maintenance and Repair Plan utilizing the remaining Measure E-12 supplemental sales tax revenues.

2. Consistent with that plan, the Fiscal Year 2024-25 adopted budget included appropriations towards road maintenance repairs for Golden Hill Road from Creston Road to Rolling Hills Road.

3. Plans and Specifications were prepared and advertised for bid with an engineer’s estimate for the project of $2,994,000.

4. On July 25, 2024, six (6) bids were received as follows:

Papich Construction $2,309,903.00 Griffith Construction $2,587,735.00 Souza Construction $2,342,159.20 Granite Construction $2,697,774.00 CalPortland Construction $2,369,333.00 Cen-Cal Construction $2,941,805.00

5. Staff reviewed the lowest bid from Papich Construction and found it to be a responsive and responsible bid.

Options

1. Take no action;

2. Award a construction contract to Papich Construction to perform street repairs on Golden Hill Road from Creston Road to Rolling Hills Road, in the amount of $2,309,903; or

3. Provide alternative direction to staff.

Analysis and Conclusions
In 2012, voters approved a ½ cent Supplemental Sales Tax to fund City road repairs. Streets scheduled to be repaired were adopted by City Council in two Six Year Street Maintenance and Repair Plans. Included in the plan for FY 2024-25 is the repair of Golden Hill Road from Creston Road to Rolling Hills Road. This is one of the remaining projects to be funded by Measure E-12. The Measure sunsets on March 31, 2025. In June 2024, the City Council approved placing a measure on the November 2024 ballot to continue this measure until ended by voters. The County Clerk-Recorder’s Office has designated this as Measure I-24.

If Paso Robles voters approve Measure I-24, it is anticipated that the City Council will continue to earmark an equivalent amount of general fund revenues toward local road repairs annually.

The existing Pavement Condition Index (PCI) for Golden Hill Road is 34 indicating a very poor condition.

Road repair methods for this road will include grinding and overlay of hot mix asphalt and upgrading of curb ramps to current American with Disabilities Act (ADA) standards.

Fiscal Impact
The total cost of the construction contract with Papich Construction is $2,309,903.00. The project is included in the adopted FY 2024-25 budget. As such, no other action is needed.

CEQA
The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).

Recommendation (Option 2)
Approve Resolution 24-XXX, authorizing the City Manager to award a contract to Papich Construction to perform street repairs to Golden Hill Road from Creston Road to Rolling Hills Road, in the amount of $2,309,903.00, and to authorize the City Manager and City Attorney to make minor, technical, or nonsubstantive changes to the contract that are consistent with the Council action.

Attachments

1. Resolution 24-XXX - Golden Hill Road Repairs from Creston Road to Rolling Hills.

2. Bid – Papich Construction

3. Project Limits

Attachment 1
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

AWARDING A CONSTRUCTION CONTRACT TO PAPICH CONSTRUCTION FOR

ROAD REPAIRS TO GOLDEN HILL ROAD FROM CRESTON ROAD TO ROLLING HILLS ROAD WHEREAS, on February 4, 2020, the City Council approved the Updated Six-Year Street Maintenance and Repair Plan utilizing the remaining Measure E-12 supplemental sales tax revenues and consistent with that plan, the Fiscal Year 2024-25 adopted budget included appropriations towards road maintenance repairs for Golden Hill Road from Creston Road to Rolling Hills Road; and WHEREAS, the existing Pavement Condition Index (PCI) for Golden Hill Road is 34 indicating very poor condition; and
WHEREAS, plans and specifications for road repairs were prepared and advertised for bids with an engineer’s estimate for the project of $2,994,000; and
WHEREAS, at the bid opening on July 25, 2024, six bids were received ranging from $2,309,903 to $2,941,805; and
WHEREAS, staff reviewed the lowest bid from Papich Construction and found it to be a responsive and responsible bid.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. Authorize the City Manager to award a contract to Papich Construction to perform street repairs to Golden Hill Road from Creston Road to Rolling Hills Road, in the amount of $2,309,903.

Section 3. The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).

APPROVED this 20th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

1.1 Bid.
00 41 43 - BID FORMS

BID FORM
Bids will be received at the City of El Paso de Robles City Hall, 1000 Spring Street, Paso Robles, CA 93446, until 2:00 p.m. on Thursday, July 25, 2024.

NAME OF BIDDER: Papich Construction Company, Inc.

To the Honorable City Council
of the City of El Paso de Robles
1000 Spring Street
Paso Robles, California 93446
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the co·ntract Documents, including all plans, specifications, and all addenda, if any for the following Project:

Golden Hill Road Repairs from Creston Road to Rolling Hills, DPW 23-23 We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. 1, 2, 3 ----------------------

1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

2. Attached is the completed Designation of Subcontractors form.

3. Attached is the fully executed Noncollusion Declaration form.

4. Attached is the completed Iran Contracting Act Certification form.

5. Attached is the completed Public Works Contractor Registration Certification form.

6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

7. Attached is the completed Bidder Information and Experience form.

8. Site Visit Affidavit

9. Proposed Major Equipment and Material Suppliers

10. Fleet Compliance Certification
824 77 .07000\31456712.1 -19- 00 41 43 - BID FORMS
Attachment 2

BID FORM

BID SCHEDULE
A. BID SCHEDULE
ITEM BID ITEMS PAYMENT UNIT TOTAL UNIT PRICE *TOTAL COST NO. REFERENCE QUANTITIES 1 Mobilization, Bonds & Insurance TS-1.13 LS 1 jf.f3,,z.J.50 i<f'3, 62,3,50 Notification of Residents, Businesses &
2 Aoencies TS-1.13 LS 1 ,, '/7-5 l1 '/7-5
3 Traffic Control TS-2.06 LS 1 1tJ ,/) {) o 70_,{J(JO
4 Storm Water Pollution Control Proqram TS-3.04 LS 1 11.,1'10 1'1,1'10 5 Construction ADA Accessibility Plan TS-4.04 LS 1 'l. 'i 30 '-1 1 .930
Preserving Survey Monumentation
6 J,.. '2.., soo 2'l..,500 (Allowance) TS-5.02 LS 1
7 1/2" HMA Type A (PG 64-10) TS-7.05 TN 8,876 , l.3, 15 ,, 0'18. '105 Cold Plane & Remove 5" of Existing
8 Material TS-6.04 SF 285,000 o. ,s lq�. llQ <v
9 Install Shoulder Backinq TS-13.06 LF 3,500 l,L,fO 1
{
. 400
10 Remove & Replace PCC Sidewalk TS-10.04 SF 2,100 311 7,,;100 11 Remove & Replace PCC Cross Gutter TS-10.04 SF 600 loo a,. fJ&tJ 12 Remove & Replace PCC Spandral TS-10.04 SF 1,650 Sl fJ ,r,, 'ifJO 13 Remove & Replace PCC Curb & Gutter TS-10.04 LF 120 I 2--5 I c;: O')Cu 14 Construct PCC Retainino Curb TS-10.04 LF 320 10 22. '100 15 Remove & Reolace PCC Driveway TS-10.04 SF 170 1S l'i.'150 Remove & Replace PCC Driveway
16 Curb & Gutter TS-10.04 LF 40 100 "f ,f)(){}
Remove Sidewalk & Construct
17 Reinforced PCC Sidewalk TS-10.04 SF 20 ,os 2-, ,o 0
18 Remove & Replace HMA Dike TS-7.05 LF 20 l I (J 2.200 19 Lower Manhole Frame & Cover TS-11.03 EA 7 �"( 5 '-I 5 l S 20 Lower Water Valve Frame & Cover TS-11.03 EA 29 ,0 0 11. '-/On Lower Survey Monument Frame &
21 Cover TS-11.03 EA 9 ,oo .5, y 0()
Adjust Manhole Frame & Cover to
22 Finish Grade TS-11.03 EA 7 1/2.-00 '6,'-f 00
Adjust Water Valve Frame & Cover to
23 Finish Grade TS-11.03 EA 29 j2,5 1..3 qi. s
Adjust Survey Monument Frame & 8'25 7; 42,5 24 Cover to Finish Grade TS-11.03 EA 9 '
12" White Crosswalk / Limit Line
25 (Thermo) TS-14.05 LF 143 12 l, rt I,
26 Stripinq Detail #9 (Thermo & Markers) TS-14.05 LF 215 3 • t '15 27 Stripino Detail #12 (Thermo & Markers) TS-14.05 LF 5,450 I, Ti 0 j� \ 1,C:, 28 Stripinq Detail #22 (Thermo & Markers) TS-14.05 LF 330 5 t',ro 29 Stripinq Detail #27B (Thermo) TS-14.05 LF 3,685 2 1-� 3?0 30 Stripino Detail #32 (Thermo & Markers) TS-14.05 LF 3,100 4 I '2., '(00 31 Stripinq Detail #38 (Thermo & Markers) TS-14.05 LF 920 5 4 .�'O 0 32 Stripino Detail #39 (Thermo) TS-14.05 LF 3,901 2,50 q 152. ,SO 33 Stripino Detail #39A (Thermo) TS-14.05 LF 306 '2,. 50 ' 765 34 Install Arrow Tvoe IV L/R (Thermo) TS-14.05 LF 18 11-'5 2, 2.-ao 824 77 .07000\31456712.1 -20- 00 41 43 - BID FORMS
Attachment 2

35 36
37 38
39 40
41 42
43 44
45 BID FORM
Install Arrow Tvpe VI (Thermo) TS-14.05 LF 3 rr, '52.Fi Install "ONLY" Legend (Thermo) TS-14.05 EA 2 2-S () 1{()() Install Bike Symbol with Arrow
(Thermo) TS-14.05 EA 7 2,5 {) 11 150
Install Blue RPM @ Fire Hvdrant TS-14.05 EA 14 I 0 11,(Q Remove Existing Tree, Stump & Root 3,000 3,&(JO Ball TS-15.03 LS 1 Allowance to Remove & Replace
Sidewalk SF 1,000 2,6, 5 0 U;,, 5&0
Allowance to Remove & Replace PCC
Curb & Gutter LF 200
Median Improvements at Creston
Road, per sheet 12 LS 1
4-inch Diameter Fiber Optic Conduit LF 5,000
Fiber Optic Manhole (24-inch diameter) EA 18
Pothole ExistinQ Utilities EA 50
I I 0
� 5, ()00

2.3 \qi2
'2-1�
2,2.(JOO
35 fjf)/J
,
UiOOO
l07 G 16
13,500
,
GRAND TOTAL: ------"""�L--_ L. _.c.....j,._O_q.L__l q_()_J ____________ _ ,

BIDDER'S

BIDDER'S

SIGNATURE
NAME: Jason
:_-_·--·��---..,::;;,,,.=--------------------­
Papich Construction Company, Inc.

BIDDER'S COMPANY: ____________________ _____ _
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.
824 77 .07000\31456712.1 -21- 00 41 43 - BID FORMS
Attachment 2

BID FORM
TOTAL BASE BID PRICE:

TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR GOLDEN HILL ROAD REPAIRS FROM CRESTON ROAD TO ROLLING HILLS, DPW 23-23 BID ITEMS 1-45 $ __ 2 1_3_0____._,q/i'--q_o_J _________ _ Total Base Bid Price in Numbers $ � wo-"1 ;1G on
'
, 1\rte, l-lc,,.,JmJ. f'Jine- �OL4..SttnJ , Ni ne,-1.J"nJ.reJ Total Base Bid Price in Written For�
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.

The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.

If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within San Luis Obispo County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations.

Enclosed find cash, bidder's bond, or cashier's or certified check No. ____ from the _______ Bank in the amount of 10% , which is not
less than ten percent (10%) of this bid, payable to City of El Paso de Robles as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.

The bidder furthermore agrees that in case of bidder's default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder's bond, or cashier's or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of El Paso de Robles.

Bidder is an individual ___ , or corporation V , or partnership ___ , organized under the laws of the State of California
82477.07000\31456712.1 -22- 00 41 43- BID FORMS
Attachment 2

BID FORM
Bidder confirms license(s) required by California State Contractor's License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder's applicable license number(s), with their expiration date(s) and class of license(s):
767055
Class: A HAZ
Exp: 7/31/2026
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within fifteen (15) calendar days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.

The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than "A-" and a Financial Size Category of not less than "Class VII" according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers' Compensation insurance. (signatures continued on next page)
82477.07000\31456712.1 -23- 00 41 43- BID FORMS
Attachment 2

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Council Agenda Report
From: Damian Nord, Chief of Police
Subject: Second Reading by Title Only and Adoption of Ordinance 1143 N.S., Amending Paso Robles Municipal Code Chapter 7.50 Regarding Camping on Public Property and Protection of Waterways
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Date: August 20, 2024
Facts

1. Chapter 7.50 of the El Paso de Robles Municipal Code (“PRMC”) generally prohibits camping on public property.

2. Subject to limited exceptions, PRMC section 7.50.040 bars enforcement of Chapter 7.50’s prohibitions against individuals sitting, lying, or sleeping on public property where no alternative shelter is available.

3. The above implements Martin v. City of Boise, a 2019 Ninth Circuit Court of Appeals decision holding that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter” (920 F.3d 584, 616).

4. On June 28, 2024, the U.S. Supreme Court issued its decision in Johnson v. City of Grants Pass, Oregon.

Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property (144 S.Ct. 2202).

5. The Supreme Court’s Johnson decision overruled the Ninth Circuit’s decision in Martin.

6. On July 25, 2024, Governor Gavin Newsom issued Executive Order N-1-24. Among other things, the order explained that California is experiencing a homelessness crisis decades in the making and highlighted the potential dangers associated with encampments, including subjecting unsheltered occupants to extreme weather, fires, predatory and criminal activity, and widespread substance abuse.

7. The Governor’s order highlighted the Supreme Court’s Johnson decision and encouraged local governments to take action “with urgency” to remove encampments from public spaces, “prioritizing those encampments that most threaten the life, health, and safety of those in and around them.”

8. Goal 6.1 from the City’s Homelessness Strategic Plan provides that the City will review existing public policies to identify options to mitigate the environmental, health, and safety impacts of homelessness in the riverbed and throughout the City.

9. Consistent with Goal 6.1, the Supreme Court’s Johnson decision and Executive Order N-1-24, the attached ordinance updates Chapter 7.50 to remove the outdated Martin provision and augment and clarify the camping regulations as indicated below.

10. This ordinance was introduced for first reading by the City Council at a regular meeting held on August 6, 2024.

Options

1. Take no action

2. Approve second reading and adopt by title only Ordinance No. 1143 N.S. Amending Paso Robles Municipal Code Chapter 7.50 Regarding Camping on Public Property and Protection of Waterway and Determining the Ordinance to be Exempt from Environmental Review under the California Environmental Quality Act.

3. Provide alternative direction to staff
Analysis and Conclusions
The attached ordinance amends Chapter 7.50 to remove the obsolete Martin provision. It also updates Chapter 7.50 to further safeguard and preserve the City’s natural resources and protect the health, safety and welfare of all residents and people within the geographic boundaries of the City. It does so by augmenting Chapter 7.50’s definitions and clarifying that camping or maintaining an encampment is prohibited in or on public property, including streets, sidewalks, parks, open space areas, high fire risk areas, and the Salinas River corridor. A redline showing the ordinance’s changes to Chapter 7.50 is attached as Attachment 2.

Since the passage of the Martin provision, the City has proactively worked with community partners to ensure shelter and supportive services are available to assist community members experiencing homelessness. This includes the dedication of Project Homekey grant funds to People’s Self-Help Housing Corporation, the Housing Authority of the City of San Luis Obispo (HASLO), and the El Camino Homeless Organization (ECHO) for the establishment of a joint shelter and transitional low-income housing site in the Black Oak neighborhood in 2021. Since the establishment of the site, the City has contributed funds in support of ECHO’s operating budget through a Memorandum of Understanding that provided ECHO with $444,000 over fiscal years 2022-2023 and 2023-2024. With ECHO now providing 70 shelter beds, the City has recommitted to funding ECHO at the same level over the next two fiscal years. In 2023, the City adopted a Homelessness Strategic Plan to better address the needs of those experiencing homelessness and the impacts on the community. The City is moving forward with that plan with funding for a Homeless Services Manager position approved in June 2024. Recognizing the impacts of housing as it relates to homelessness and the prevention of homelessness, the City has also been working with HASLO, the Paso Robles Housing Authority, and housing developers to increase access to affordable housing. Since 2019, 205 housing units have been added to the City’s housing inventory with 240 units currently in the permitting process.

Fiscal Impact
There is no immediate fiscal impact associated with this action.

CEQA
The attached ordinance is not subject to the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Recommendation
Approve second reading and adopt by title only Ordinance No. 1143 N.S. entitled: AN ORDINANCE OF THE CITY OF EL PASO DE ROBLES, CALIFORNIA, AMENDING CHAPTER 7.50 OF THE MUNICIPAL CODE

REGARDING CAMPING ON PUBLIC PROPERTY AND PROTECTION OF WATERWAYS AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Attachments

1. Ordinance No. 1143 N.S. - Amending Paso Robles Municipal Code Chapter 7.50 Regarding Camping on Public Property and Protection of Waterways

2. Redline of Existing Chapter 7.50 vs. Ordinance 1143 N.S. Amendments to the Same

82476.01000\42487865.3
Attachment 1
-1-
ORDINANCE NO. 1143 N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AMENDING CHAPTER 7.50 OF THE MUNICIPAL CODE OF THE CITY OF EL PASO DE

ROBLES REGARDING CAMPING ON PUBLIC PROPERTY AND PROTECTION OF

WATERWAYS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Chapter 7.50 of the El Paso de Robles (“City”) Municipal Code generally prohibits camping on public property; and
WHEREAS, subject to limited exceptions, section 7.50.040 bars enforcement of Chapter 7.50’s prohibitions against individuals sitting, lying, or sleeping on public property where no alternative shelter is available; and
WHEREAS, the above provision implements Martin v. City of Boise, a 2019 Ninth Circuit Court of Appeals decision holding that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter” (920 F.3d 584, 616); and
WHEREAS, on June 28, 2024, the U.S. Supreme Court issued its decision in Johnson v. City of Grants Pass, Oregon. Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property (144 S.Ct. 2202); and WHEREAS, the Supreme Court’s Johnson decision abrogates (i.e., overrules) the Ninth Circuit’s decision in Martin. Consequently, Martin is no longer good law or binding on cities; and WHEREAS, given the foregoing, this ordinance (“Ordinance”) amends Chapter 7.50 to remove the outdated Martin provision; and
WHEREAS, the City Council is committed to protecting the life, health, and safety of its residents and all people within the geographic boundaries of the City; and WHEREAS, the Council finds that certain public lands within the City’s geographical boundaries pose significant health and safety hazards to people who make shelter or stay overnight in those areas.

The Council further finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity; and WHEREAS, beyond removing the outdated Martin provision, this Ordinance amends Chapter 7.50 to further safeguard and preserve the City’s natural resources and protect the health, safety and welfare of all residents and people within the geographic boundaries of the City; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. All of the above recitals are true and correct and are incorporated herein by reference.

82476.01000\42487865.3
Attachment 1
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Section 2. Amendment. The City Council ordains that Chapter 7.50 of the City of El Paso de Robles Municipal Code is hereby amended to read in its entirety as follows:
“Chapter 7.50 – Camping

7.50.010 – Definitions.

The following definitions apply to the use of these terms in this chapter:
“Camp” means to pitch, erect or occupy an encampment, or to use camp paraphernalia, or both, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.
“Camp paraphernalia” means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets and similar equipment, mattresses, couches, dressers, or other furniture.
“Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
“Open space” means any undeveloped public property either primarily in its natural state, including canyons, bluffs, and unimproved waterways, or that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources. “Park” means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas of any adjacent parking lots and perimeter sidewalks. “Waste” means any rubbish, solid waste, liquid waste, infectious waste, or medical waste. “Waterway” means all portions of the Salinas River corridor.

7.50.020 – Camping, locations prohibited; protection of waterways.

A. Camping. It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including any street, sidewalk, park, open space, waterway, or banks of a waterway. Additionally, it is unlawful for any person to camp or maintain an encampment in or upon any land designated by this code as a high fire risk area.

B. Waterways. It is unlawful for any person to do any of the following:

1. Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose

82476.01000\42487865.3
Attachment 1
-3-
of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;

2. Move boulders or large rocks, destroy vegetation, paved roads or paths created by the City, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;

3. Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;

4. Dig on the banks of a waterway; or

5. Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.

C. Nothing in subsection (B) is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.

7.50.030 – Procedures for removal and recovery of personal property.

A. The city council may, by resolution, adopt procedures for the removal and recovery of personal property left upon lands where camping is prohibited per Section 7.50.020. Such procedures need not conform to those provided for in subsection B, below.

B. Absent the city council's adoption of a resolution per subsection A above, personal property left upon lands where camping is prohibited for more than twenty-four hours may be removed by the city and may be recovered by the owner for up to ninety days.

7.50.040 – Enforcement.

A. Subsection A of Section 7.50.020 shall not apply to either of the following:

1. Any event involving camping that is approved or sponsored by the city.

2. Any person camping or maintaining an encampment on public property designated by City Council resolution for such purposes.” Section 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

82476.01000\42487865.3
Attachment 1
-4-
Section 4. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption in accordance with Government Code section 36937.

Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be unconstitutional or invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places.

Section 6. Publication. The City Clerk shall certify to the passage of this Ordinance by the City Council of the City of El Paso de Robles, California, and cause the Ordinance to be published once within 15 days after passage in a newspaper of general circulation published and circulated in the City in accordance with Government Code section 36933.

INTRODUCED at a regular meeting of the City Council held on August 6, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ____day of ____, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

Attachment 2
Chapter 7.50 CAMPING– Camping

7.50.010 – Definitions.

For purposes of this chapter and this Code, unless otherwise provided by this Code, the The following definitions apply to the use of these terms in this chapter:
“Camp” means to pitch, erect or occupy an encampment, or to use camp paraphernalia, or both, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight. "Camping" means to pitch or occupy camp facilities or to use camp paraphernalia. "Camp facilities" include, but are not limited to, tents, huts, or other temporary shelters. "“Camp paraphernalia"” means personal property used to facilitate occupancy of an area and includes, but is not limited to, tarpaulins personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking facilities not designated by Title 17, Buildings and Construction, orequipment, buckets and similar equipment, mattresses, couches, dressers, or other furniture.
“Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner.

Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
“Open space” means any undeveloped public property either primarily in its natural state, including canyons, bluffs, and unimproved waterways, or that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources. “Park” means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas of any adjacent parking lots and perimeter sidewalks. “Waste” means any rubbish, solid waste, liquid waste, infectious waste, or medical waste. “Waterway” means all portions of the Salinas River corridor.

7.50.020 – Camping, locations prohibited; protection of waterways.

A. Upon any land or easement owned, operated, or managed by the city; B. Upon any land for which the general plan, a specific plan, or Title 21, Zoning, designates as private open space and prohibits camping; or
C. Upon any land designated by the fire chief as a fire risk area. Fire risk areas are determined by the probability of wildfire through assessing vegetation, fire history, and topography.

(Supp. No. 62)
Page of
D. Upon any land designated by the director of public works as a water supply risk area. Water supply risk areas include, but, are not limited to, areas in or near city wells, areas directly overlying the Salinas River, and areas in or near water treatment facilities.

A. Camping. It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including any street, sidewalk, park, open space, waterway, or banks of a waterway. Additionally, it is unlawful for any person to camp or maintain an encampment in or upon any land designated by this code as a high fire risk area.

B. Waterways. It is unlawful for any person to do any of the following:

1. Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;

2. Move boulders or large rocks, destroy vegetation, paved roads or paths created by the City, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;

3. Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;

4. Dig on the banks of a waterway; or

5. Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.

C. Nothing in subsection (B) is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.

7.50.030 – Procedures for removal and recovery of personal property.

A. The city council may, by resolution, adopt procedures for the removal and recovery of personal property left upon lands where camping is prohibited per Section 7.50.020.

Such procedures need not conform to those provided for in subsection B, below.

B. Absent the city council's adoption of a resolution per subsection A above, personal property left upon lands where camping is prohibited per Section 7.50.020 for more than twenty-four hours may be removed by the city and may be recovered by the owner for up to ninety days.

7.50.040 – Enforcement.

A. Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, including, but not limited to, conditions described in Section 7.50.020, subsections C and D, the provisions of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter, including a publicly provided campsite, hotel vouchers, or similar accommodations, is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584.

B. When, pursuant to subsection A, the provisions of this chapter will not be enforced, camp facilities may be erected only between the hours of 5:00 p.m. and 7:00 a.m. daily.

A. Subsection A of Section 7.50.020 shall not apply to either of the following:

1. Any event involving camping that is approved or sponsored by the city.

2. Any person camping or maintaining an encampment on public property designated by City Council resolution for such purposes.”

Council Agenda Report
From: Damian Nord, Chief of Police
Subject: Potential Modifications to the Downtown Employee Monthly Permit Parking and ShortTerm Spaces CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Date: August 20, 2024
Facts

1. On October 16, 2018, the City Council approved the Downtown Employee Permit Pilot Program.

2. The Employee Parking Permit Program provides business owners and employees a low-cost option for parking in the downtown core, at $5 per month.

3. Permit parking is available in four designated parking lots that comprise a total of 98 parking spaces.

The lots are located at Spring Street and 12th Street; 12th Street, near Marv’s Pizza; Alley between Pine Street and Railroad Street, 13th Street and 12th Street; and 12th Street and Railroad Street.

4. The Employee permit parking lots were established prior to paid parking implementation. These spaces were established to encourage employees to park in designated permit areas, thus leaving onstreet parking available for other users.

5. On March 15 2022, the City Council approved the introduction of 30-minute parking spaces located at the ends of block faces. The intent of the 30-minute parking was to allow customers to avoid the paid parking system for quick transactions, since, at the time, it was intended that the paid parking program was to be charged from minute-one.

6. There are currently 35 thirty-minute parking spaces in the downtown area marked with green curbs and appropriate signage.

7. On May 21, 2024, City Council adopted Ordinance No. 1139, which amended portions of the Paso Robles Municipal Code related to Parking Management. As a result of that action, the paid, on-street Parking Program operations were ended.

8. On July 16, 2024, City Council requested the employee parking permit program and the 30-minute spots be brought back for discussion.

Options

1. Take no action;

2. Provide direction to staff.

Analysis and Conclusions
In May 2024, the City Council directed staff to wind down the downtown on-street paid parking program operations. The Employee Parking Permit Program as well as the short-term, on-street parking spaces are still valid and remain in effect. However, given that the rest of the downtown core is no longer charging for parking, City Council requested staff bring back this item for discussion.

Currently, the downtown employee parking lots provide employees with dedicated parking spots.

Downtown employee parking permits are valid daily from 8:00 a.m. to 8:00 p.m. Downtown business owners and employees have four options available to purchase a Downtown Employee Parking Permit.

Permits can be purchased in bulk or individually and are available for purchase monthly or annually.

Monthly permits are valid until the last day of the month. Annual permits are prorated and valid until December 31st each year. The permit cost is $5 per month. In Fiscal Year 2023, the number of permits issued for the employee lots were 4,286. In Fiscal Year 2024, that figure was 3,845. These figures represent the total of monthly and annual permits issued.

Should the permit-only restrictions on these lots be lifted, the spaces will convert to first come, first served public parking without any time restrictions. Should the spaces convert to public parking, it may be more challenging for employees to find parking close to their place of work, and it is not as guaranteed that an employee will find a spot in a timely manner. Furthermore, the loss of dedicated employee parking lots may increase the number of employees that will utilize on-street spaces in front of businesses, reducing the number of, and turnover of spaces for patrons.

City staff are working on a project to enhance the permit parking lots next to Marv’s Pizza and at 12th and Railroad. This initiative responds to requests from downtown business owners and employees for better safety and functionality of these lots. Planned improvements include upgraded lighting, redesigned layouts, EV charging stations, and other enhancements. The design phase is nearly finished, and the project will soon be put out to bid. It is fully budgeted and is proceeding as planned.

The 30-minute parking spots were originally implemented to offer short-term, free on-street parking. The 30-minute spots are intended solely for the purpose of running a quick errand that will take 30 minutes or less. Examples of uses for these spots include food delivery drivers picking up food from a downtown restaurant, a vendor dropping merchandise off at a downtown business, or a patron purchasing a good from a local merchant. These spots are meant to encourage very frequent turnover so that more people can have a chance to park in convenient locations. Reduction or elimination of these spots may impact these short-term types of transactions taking place in downtown businesses if other parking spots are not available.

Fiscal Impact
There is no fiscal impact from receiving direction from City Council. However, depending on the action, fiscal impacts are anticipated to be minimal. The cost of removing signage from the monthly permit lots is minimal in terms of staff time. As far as employee permits, in 2024, the City sold 3,845 permits, generating approximately $12,000 (net to the City after associated fees) per year.

CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Recommendation
Provide staff with directions regarding the monthly permit parking lots and the 30-minute paid parking spaces.

Attachments
None.