POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: IX A
MEETING DATE: 11/14/2023
TITLE
Veteran’s Building Technical and Feasibility Study Update
RECOMMENDED ACTION
Receive report and direct staff
ANALYSIS
In March of 2020, the City was awarded a $250,000 grant for a study of the Veteran’s Memorial Building for possible rehabilitation as a community center. The grant came from the Community Development Block Grant program of the State Housing and Community Development Department.
The purpose of the grant is “to determine what improvements are needed to the existing facility to provide adequate space and amenities for the multiple uses of the existing facility, and what the costs for these improvements would be, and to also analyze other potential sites and building costs for a new structure designed to suit the needs of the existing tenants as well as future users.”
Since the award of the grant, there have been multiple meetings of the City Council and the Veteran’s Building Ad Hoc Committee of Mayor Burkey and Vice Mayor Dobbins.
Much of the discussion centered around including Coastal Seniors in planning and development. The Council has discussed the project on July 27, August 10, September 14 and December 14 of 2021 and January 25, March 22, April 26, August 23, and November 14 of 2022. During these meetings, design and financial designs were made.
On March 28, 2023, a draft plan set was presented to the City Council with feedback provided. This was the last Council discussion of the project. Around May of 2023, the project was put on hold due to the City’s financial picture. This time has allowed staff to reassess the study and its timing.
In many ways, Coastal Seniors drove the design of the project, as both a kitchen extension and administrative offices that would serve their expanding needs were included in the design. Unfortunately, after many months of discussion and design work, Coastal Seniors declined to participate in funding the project in the planning phase. At that point, the project design was set and most of the changes and additions were predicated on the needs of Coastal Seniors.
The City’s representative at HCD, Shannon Burge, contacted us regarding the status of the grant and we explained our fiscal situation and the decision by Coastal Seniors not to participate financially in the project. She was concerned we would not be able to complete the study before the August 2024 funding deadline due to that. She is suggesting revising the current scope of the grant to remove unfinished items so that the City can put those items in a 2024 NOFA application to complete the study. The City would then be eligible to apply for construction funding in 2025 or 2026 funding cycle.
This provides the City flexibility in moving forward with the study. Staff suggests revisiting the study as events on the ground have changed. Now would be the time to reconsider or make any design changes to the current plan. It is also noted that the contract with Don Alameida and Alameida Architecture has expired.
Staff seeks Council direction on the future of the grant.
FISCAL IMPACT
Out of the $250,000 grant, there remains $143,251 to be expended.
ATTACHMENTS
1. Progress Reports to HCD
2. Staff Report & Presentation from March 28, 2023
3. Cost Options from April 2022
4. Veterans Building Survey Results – October 2021
5. Contract with Alameida Architecture
CITY MANAGER SIGNATURE
_________________________________
Paul Andersen, City Manager
ATTACHMENT 1
VETERANS BUILDING GRANT
PROGRESS REPORTS
VETERANS HALL STUDY
PROGRESS REPORTS SUBMITTED TO STATE
2021
12/14/20 – 10/15/21
The Veterans Building Feasibility Study is underway. Through an RFP process, an architecture firm was selected. There has been one City Council workshop on the topic where public input was solicited. The City has met with Coastal Seniors, the other primary inhabitant of the building, to discuss ways they can assist with the study and what needs they may have. The City is working with them on a Memorandum of Understanding. With sugges�ons provided by several par�es, the architect if now developing a cost es�mate for different itera�ons of a proposed design concept. The City will be holding another City Council mee�ng to discuss the project in November.
10/16/21 – 12/15/21
Alameida Architecture is con�nuing with the schema�c design, including structural, mechanical, HVAC, plumbing and electrical, as well as several other interior/exterior items needed for the project.
2022
1/1/22 – 3/31/22
Discussions with the Coastal Seniors have con�nued with three preliminary designs submited by the architects. The most recent design was a reduc�on in office size from 2700 sq. �. to 1200 sq. �. It also included a slightly smaller work room with walk-in refrigerator and freezer. At the March 22 City Council mee�ng, the Council set a deadline of April 15 for any agreements with the Coastal Seniors to enhance the funding for the final design of the Vets Hall. The Council also decided that at the April 26th mee�ng the architect would be directed to proceed with the final design based on a budget that works within the funding available. 4/1/22 – 6/30/22
We worked with the City's Ad Hoc commitee and Coastal Seniors to get agreements about the long term use of the building, addi�onal design funding and everyone's places and rolls in the facility. WEeare s�ll working with the architects to develop the revised set of schema�cs.
7/1/22 – 9/30/22
See 11/14/22 Progress Report at the end of this document. 10/1/22 – 12/31/22
City staff and the Vets Building Ad Hoc Commitee con�nued to work with Coastal Seniors staff and commitee from the CDI Board. The focus of the commitee work is to get a design schema�c for final design that fills everyone's needs. The design includes a small separate office space and an upgraded commercial kitchen form which the Coastal Seniors could con�nue opera�ons. The architect was directed to move ahead with final design for the city to review. The City's planner and engineer have been brought into the process to prepare for permi�ng, NEOA review and site work planning. The City expects to review the final design in January or February with the final review in late February or March.
2023
1/1/23 – 3/31/23
The Vets Hall Ad Hoc commitee and the architect, Don Alameida, explored the two design op�ons that would be brought forward for a final decision on a final facility renova�on schema�c. A�er numerous Ad Hoc commitee, staff and architect mee�ngs the two design op�ons and their es�mated construc�on costs were brought to the Council, with some minor modifica�ons the Commitee recommended schema�c op�on #2, kitchen pop-out version with a small office extension. With this set of progress plans we have a design plan that is ready to proceed through the NEPA determina�on and the CDP processes. We have reached the point that it is �me for our planning staff to prepare the documents to go through the standard Coastal Development Process. Other local, State and Federal agencies will be contacted and a no�ced public hearing will be scheduled. 4/1/23 – 6/30/23
This quarter has been spent con�nuing necessary environmental and NEPA studies to move the permi�ng process forward. Due to our loca�on in the Coastal Zone, several environmental reports are required. The City hopes to complete the process this upcoming quarter to be able to file applica�on with the Coastal Commission for a Coastal Development Permit. The architect is modifiying plans somewhat based on feedback from the Point Arena City Council.
7/1/23 – 9/30/23
City staff worked directly with the architecture firm, consultants and community members in the development of the Senior Center/Vets Hall project. Due to the loca�on being in the Coastal Zone, several environmental reports are required. City staff worked with the architect to modify the schema�c design. The city is working with consultants, architect and HCD staff to complete this ac�vity and plan for the future comple�on of design and environmental assessments/permi�ng that needs to be completed prior to being a shovel ready project to apply for funding. We will con�nue working with HCD staff to meet the grant goals. 11/14/2022 Progress Report
A�er receiving responses from four firms to our RFQ for architectural services, Alameida Architecture was deemed, to be the firm that best fit the RFQ and needs of the project goals and budget.
A contract for the architectural services to fulfill the grant requirements was awarded to Alameida Architecture at the Point Arena City Council Mee�ng of 7/27/21.
During the life of the project there will be regular progress reports to the City Council as the project moves through the nine-task process. Each �me, there will be opportunity for public comment and considera�on.
A publicly no�ced City Council/Community Workshop on the project was held on 8/10/21 to inform the public about the project, create public awareness of the ongoing process and give an opportunity early in the process to communicate to the Council and the Architect about community needs for uses of a Community Center/Vets’ Building.
Ini�al mee�ngs with stakeholders who are housed in the building began in August.
Mee�ngs with the senior center kitchen and administra�ve staff were very successful in lining out the facility needs for kitchen and overall office requirements, including shared space areas. Other regular users of the building have been met with to ascertain their needs as well.
From late September through late October the Council ran a community survey to gather more community needs input. The survey was announced at two Council mee�ngs, City Hall, in the local paper, on social media, at the post office and on the City’s website.
Updates on the progress of the Vets Building and Community Center Project are given at each Council Mee�ng with public input invited at each update. To date these have occurred on 6/22, 7/27, 9/24, 10/26 & 12/16.
A Council Commitee and commitee of the board of the Coastal Seniors Inc. (CSI) met numerous �mes working on occupancy documents for the shared use as well as responsibili�es for long-term maintenance and repair of the building a�er construc�on. This has been very beneficial to the project development process in further iden�fying needs and possible cost sharing in the design, construc�on and long-term care of the project.
The architect has done an analysis of two other sites for other construc�on/renova�on opportuni�es in the City for a new community center. He has also costed out total demoli�on of the exis�ng building with all new construc�on on the exis�ng site.
The architect has generated three different facility layouts with corresponding ini�al construc�on costs based on facility size. Layout es�mates has a low medium and high cost range based on the ameni�es and finish types.
City Staff and your Vets Building Ad Hoc Commitee con�nued to work with Coastal Seniors Staff and a commitee from the CSI board. The focus of the commitee work was to get a design schema�c for a final design that filled everyone’s needs.
In mid-December 2021, the es�mated construc�on value of the Coastal Seniors favored design was based on a 73% increase in building footprint. That increase in size, coupled with the moderniza�on of the exis�ng building brought the es�mated construc�on cost to $6 million dollars. This cost es�mate was due to addi�onal new square footage and numerous kitchen upgrades.
City Staff reviewed the components of the grant and determined that a project with a construc�on cost of approximately $3.4 million could be covered by the Grant alone. This es�mate includes the studies and permi�ng.
The design cost above the original grant amount was significant. Those costs based on this larger value created another round of discussion within the Coastal Seniors organiza�on. Funding for the cost of facility design above the original $3.4 million was requested from the Coastal Seniors from their building fund.
Due to the Coastal Seniors Execu�ve Director resigning in mid-January 2022, the onset of the holiday season slowdown, CSI star�ng an E.D. recruitment, the CS board leadership needing to take up many day-to-day responsibili�es of the organiza�on, and disagreements among the CSI Board about the project, the collabora�ve design progress came to a stands�ll for a period of �me.
In March, the Coastal Seniors Building Commitee went through a review of the office and kitchen design to bring the es�mated construc�on costs down by at least 15%. They worked onsite for two sessions of about 4 hours each and many hours away from the building working to cut the construc�on costs of their por�on of the project.
The CSI review process was completed mid-March with design changes that would bring the total es�mated construc�on costs of the renova�on project down somewhere near 20% to a range of $4.7 to $5 million. Applying the architect’s formulas to the smaller square footage Coastal Seniors was proposing coupled with some other changes, their funding contribu�on to the design process was reduced by nearly 50%.
The Vets Building Ad Hoc Commitee and Staff con�nued to work with the CSI regarding the possibility of Coastal Seniors’ financial par�cipa�on to support their requested enhanced renova�on designs. The results of those conversa�ons were to be presented at the April 26th City Council Mee�ng.
At the April 26th City Council Mee�ng it was determined that the City should move forward with a design that the City would cover the costs of the design for a project of between $3.5 - $4 million, keeping the needs of all involved in mind while recouping construc�on costs.
ATTACHMENT 2
STAFF REPORT & PRESENTATION
MARCH 28, 2023
POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: VIII A
MEETING DATE: 3/28/2023
TITLE
Veterans Hall Planning/Technical Assistance Grant Progress Update
RECOMMENDED ACTION
1) Receive the update on the final design process of the Veteran’s Hall renovation. 2) Direct Staff to start on the required permitting processes required by the grant.
ANALYSIS
In 2017, the City applied to the California Housing & Community Development Department (HCD) for a Community Development Block Grant (CDBG) to fund the design of a renovation of the Vets’ Hall /Senior/Community Center building. Much to the City’s CDBG consultant’s surprise, it was denied.
Not being easily discouraged, the City Council in January 2020 approved Resolution 2020- 03 to submit a reworked CDBG Planning & Technical Assistance Grant application to HCD.
The grant was for funding to provide planning, engineering, design, NEPA environmental review and construction documents for phase 1 of the
Community/Senior/Recreational/Veterans Center Facility Improvement Project. The grant application was approved for $250,000.
Parallel to the grant application process, the City issued a RFQ (Request for Qualifications) for architectural services. The RFQ was sent to numerous architectural firms requesting proposals for their services on the Community Center project.
The RFQ process closed in March of 2020 with four architectural firms responding. An evaluation committee of Jeff Lucas (CDS), Dan Obermeyer (CDS), Paul Andersen, Jason Island (SHN) and Richard Shoemaker discussed and rated the proposals.
In that same month, the City was notified that its grant application would be funded but not to start on the project until we received the HCD’s letter of award and completed the grant agreements with HCD.
At the 4/14/20 the City Council Meeting, the Council accepted the recommendation of the architectural firm review committee and approved the proposal of Alameida Architecture.
Project and contract discussions with the firm started, but no contract could be signed until the notice to expend funds was received by the City from HCD.
The City did not receive the official notice of grant award until December of 2020. The actual authorization to expend funds was not received until July 7, 2021.
The Contract with Alameida was approved at the July 27, 2021, Council meeting. This was 15 months after the initial proposal and acceptance. Base rates in the contract did not change during that period. What did change was the cost of construction.
The first public workshops about the project started within a couple of weeks. Part of the process was an online community survey and paper surveys. Discussions with Coastal Seniors Inc. about their needs in the building started soon after that. Those discussions proceeded for several months. All parties were invited to participate in discussions about the project.
There were several public discussions and updates at Council meetings about the project in 2021 and 2022. Those included funding, project descriptions, project schematics and constructions costs. The talks with Coastal Seniors (CSI) included them sharing design costs for elements that would push the design budget over the grant amount. Finally, discussions moved to the point that the design would need to be toned down due to the lack of participation of CSI in funding design costs.
The Architect, City Staff and the Council’s Vets Hall Committee put in literally hundreds of hours to get us to the point in April 2022 that the City Council faced the task of deciding on two renovation design options for the Veteran’s Hall with two different construction budgets.
Four scenarios were proposed by the Ad Hoc Committee and the Architect to the full City Council whose work was to choose 2 versions and direct your Architect, Don Alameida to comeback with more detailed schematics and cost estimates for those two design choices.
The effort was also to reduce the costs of the previous projects presented that require funding significantly beyond the grant funds.
The Vets Hall Ad Hoc committee and your architect, Don Alameida, explored the two design options that would be brought forward for a final decision on a final facility renovation schematic. After numerous Ad Hoc committee, Staff and Architect meetings the two design options and their estimated construction costs were brought to the Council on 8/23/22. With some minor modifications the Committee recommended schematic option #2 (kitchen pop-out version with a smaller office extension).
On 8/23/22 the full Council voted to pursue option #2, Since that time Don Alameida has been working to incorporate the modifications requested and has begun the detailed drawings from which the construction documents will be created.
With this set of progress plans we have a design plan that is ready to proceed through the NEPA (National Environmental Protection Act) determination and the CDP (Coastal Development Permit) processes. The final size of the project and its overall footprint has been reduced to a size that the NEPA/CEQA processes should be reasonably straight forward.
The other studies necessary to fulfill grant requirements and to complete a bid ready design have been performed for the project. These studies are the property survey, geologic conditions report, as well as biological and botanical studies. A final project description has been written.
We have reached the point that it is time for our planning staff to prepare the documents to go through the standard Coastal Development Process. Other local, State and Federal agencies will be contacted and a noticed public hearing scheduled.
Project Architect Don Alameida will be presenting a Power Point on the project. He and Staff will answer questions.
FISCAL IMPACT
The cost of the permitting process which is part of the grant. The final estimated construction cost may require approximately $40,000 of City funds.
ATTACHMENTS
1) A power point will be presented at the meeting.
2) Progress Plans as of 3/21/23
CITY MANAGER SIGNATURE
_________________________________ ____________________________________ Richard Shoemaker, Special Projects Manager Paul Andersen, City Manager
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
Veteran’s Building / Senior Center
Improvement Project
Siding: Cementitious Smoth Plank Siding
Alternate Siding: Cementitious V-groove siding
(thicker and more durable material)
Exterior Siding options
Veteran’s Building / Senior Center
Improvement Project
Suspended Ceiling Options
2x2 or 2 x4 Mars High CAC
Acoustical Panels
Veteran’s Building / Senior Center
Improvement Project
Led Lighting
Troffer Direct/Indirect
Main Entry Light
Pendant lights
at bar
Conference Room
Office Pendant
Veteran’s Building / Senior Center
Improvement Project
Track Led Lighting
SUSPENDED TRACKLIGHTS
Veteran’s Building / Senior Center
Improvement Project
Recent Questions
Minutes of Vets Hall Ad hoc committee 3/27/23
The Ad Hoc Committee went through the most recent set of progress plans and raised a number of issues and possible changes •Could the walk-in refrigerator and freezers be made smaller? •Move Distribution/Reefer Room doors onto north wall near refrigerator door. •Can convection oven be portable/kept in storage with warmers? •Eliminate floor space for mixer.
•Consider moving kitchen door to dining area to the south and putting chair and table storage in that corner of dining hall. •EV charging stations including fast charger
•Solar on new roofs
•Could the drop ceilings be attached to purlin beams and the mechanical and rafter beams be wrapped to break up ceiling? •Additional planters with water available.
•Could there be two bid alternates for the covered entry? •As per drawing
•Similar to photo or at least a bit more interesting.
Veteran’s Building / Senior Center
Improvement Project
Alameida
Architecture
ATTACHMENT 3
2022 COSTING OPTIONS
(OPTION 2 CHOSEN)
Description Sq. Ft. Cost Sq Ft
City Hall extension 0 $0 $750
Dry goods & walk-in fridge and freezer 0 $0 $749
Coastal Seniors’ office space 1,000 $750,000 $750
Renovation Cost
Hall and support facilities 4,245 $2,610,675 $615
Kitchen and Meals on Wheels prep area 0 $0 $750
TOTAL CONSTRUCTION ONLY COST 5245 $3,592,825 $685
Description Sq. Ft. Cost Sq Ft
City Hall extension 0 $0 $750
Dry goods & walk-in fridge and freezer 479 $358,771 $749 Coastal Seniors’ office space 758 $568,500 $750
Renovation Cost
Hall and support facilities 4,887 $3,005,505 $615
Kitchen and Meals on Wheels prep area 0 $0 $750
TOTAL CONSTRUCTION ONLY COST 6124 $4,194,940 $685
New Construction Costs Option 1 (4/18/22)
New Construction Costs Option 2
ATTACHMENT 4
VETERANS BUILDING SURVEY RESULTS
OCTOBER 2021
10/21/21, 2:10 PM 'Veterans Building Survey' Survey Results | Crowdsignal.com https://app.crowdsignal.com/surveys/2653321/report 1/2
Veterans Building Survey
Responses
01 Should the Point Arena Veterans Building be a Community Center available for public use and community events such as family celebrations, large community meetings and/or gatherings? (Mandatory)
Answers
70 100%
Skips
0 0%
0% 39.5% 79% COUNT PERCENT
Yes 55 79%
Maybe 11 16%
No 4 6%
02 Select your top 3 uses for the Veterans Building from the list below: (Mandatory) Answers
70 100%
Skips
0 0%
0% 10.5% 21% COUNT PERCENT
Senior meals and activities 49 20%
Gathering spot for community organizarions 42 18%
City/County offices 36 15%
Commercial kitchen for public use 30 13%
Food bank 16 7%
Exercise classes for yoga, stretching, aerobics 14 6%
Child care 10 4%
Outdoor seating/dining 8 3%
Evening classes 8 3%
EV charging station 8 3%
Small public meeting room (10 person) 7 3%
Computer lab 4 2%
Storage for regular users of facility 3 1%
Other Option 3 1%
Video conferencing 2 1%
03 Please provide any additional comments about the use and/or renovation of the building.
Answers
28 40%
Skips
42 60%
256,260,608
Please design a building That is beautiful and fits the beauty of the area.a building that citizens can be proud of and of functional Use to the community as a gathering spot. Yesterday, 8:58AM 256,197,728
Install solar panels. If the profile of the building can be enhanced, raise the more northerly portion and install clerestory windows to get passive solar heat and natural light. Monday, Oct 18th 9:10PM 10/21/21, 2:10 PM 'Veterans Building Survey' Survey Results | Crowdsignal.com https://app.crowdsignal.com/surveys/2653321/report 2/2
WARNING! This will delete all the results of this survey. The results cannot be restored. 256,197,719
Install solar panels. If the profile of the building can be enhanced, raise the more northerly portion and install clerestory windows to get passive solar heat and natural light. Monday, Oct 18th 9:10PM 256,056,000
There should be: Solar panels to power the building Cooking appliances should be converted to all electric including induction cook tops
Thursday, Oct 14th
4:00PM
255,980,228
The building is really unattractive. Would be nice to spruce it up a bit with colorful potted plants and brighter paint colors. It is not inviting to the community in any way.
Tuesday, Oct 12th 3:59PM
255,854,674
I am sure that a building could accommodate all of the above activities for considerably less than 6 and a half million dollars.
Sunday, Oct 10th 3:30PM
04 What is your age range? (Mandatory)
Answers
70 100%
Skips
0 0%
0% 30.5% 61% COUNT PERCENT
60+ 42 60%
50-59 11 16%
40-49 9 13%
30-39 6 9%
18-29 2 3%
05 What is your zip code? (Mandatory)
Answers
70 100%
Skips
0 0%
0% 31.5% 63% COUNT PERCENT
95468 44 63%
95445 15 21%
95459 7 10%
95497 2 3%
Other Option 2 3%
95432 0 0%
PAGE 3
10/21/21, 2:10 PM 'Veterans Building Survey' Result Details | Crowdsignal.com https://app.crowdsignal.com/surveys/2653321/report/results/11104769?per_page=50&s= 1/2 Veterans Building Survey
Response Details
03 Please provide any additional comments about the use and/or renovation of the building.
Answers
28 40%
Skips
42 60%
256,260,608
Please design a building That is beautiful and fits the beauty of the area.a building that citizens can be proud of and of functional Use to the community as a gathering spot. Yesterday, 8:58AM 256,197,728
Install solar panels. If the profile of the building can be enhanced, raise the more northerly portion and install clerestory windows to get passive solar heat and natural light. Monday, Oct 18th 9:10PM 256,197,719
Install solar panels. If the profile of the building can be enhanced, raise the more northerly portion and install clerestory windows to get passive solar heat and natural light. Monday, Oct 18th 9:10PM 256,056,000
There should be: Solar panels to power the building Cooking appliances should be converted to all electric including induction cook tops
Thursday, Oct 14th
4:00PM
255,980,228
The building is really unattractive. Would be nice to spruce it up a bit with colorful potted plants and brighter paint colors. It is not inviting to the community in any way.
Tuesday, Oct 12th 3:59PM
255,854,674
I am sure that a building could accommodate all of the above activities for considerably less than 6 and a half million dollars.
Sunday, Oct 10th 3:30PM
255,826,495
So many great ideas for the renovation. Because the building seems the ideal location for the city offices and senior meals I checked those as priroity but I would like to see the buliding as a multipurpose use- storage for off site organizations and as excercise -yoga availabilty. The use of city spaces is scarce but a coordination of those spaces seems like would facilitate this survey.
Saturday, Oct 9th
10:25AM
255,800,717
Please damp down the acoustics - there is way too much echo. Makes it hard for some people to hear. Make the outside of the building look at least a little better. Pave the parking lot & fix the drainage. Friday, Oct 8th 2:07PM 255,762,576
If Coastal Seniors could be provided more private and secure offices that would be very helpful to the organization and would make it easier to host other activities during non working hours.
Thursday, Oct 7th 4:03PM
255,751,942
A charging station would be nice, but it would be a duplication of the ones in town. Charging stations should be near businesses so drivers can shop or dine while charging. A really useful charging station would be a 440 fast charger. This would definitely attract attention from electric vehicle drivers and encourage folks to travel through PA. 220V chargers are of little use to those transiting the coast as few people have 4-5 hours to wait while getting a full charge. Arena Cove has 3-phase 440 power and would be an ideal place for a fast charger and would encourage patronage at those businesses..
Thursday, Oct 7th
12:10PM
255,746,372
This is a good opportunity to upgrade and make this space feel more useful and modernized for the folks who have to work there.
Thursday, Oct 7th
10:44AM
255,721,669
How could VFW Hall possibly continue as Senior Center, City Hall and also be Community Center? There isn't room????
Thursday, Oct 7th
12:25AM
255,721,655
How could VFW Hall possibly continue as Senior Center, City Hall and also be Community Center? There isn't room????
Thursday, Oct 7th
12:17AM
255,721,022
I would like to see the grant is it available to the public. Who owns the VfW building?? The Ot Arena High school has classrooms available for evening classes and tons of technology available for Zoom meeting Contact the District office for Facility Use forms seems like tons of lack of communication about what is available and what is really needed
Wednesday, Oct 6th
11:27PM
255,719,410
It would be great to improve pedestrian access between the building and the nearest sidewalks just to the south.
Wednesday, Oct 6th
10:26PM
10/21/21, 2:10 PM 'Veterans Building Survey' Result Details | Crowdsignal.com https://app.crowdsignal.com/surveys/2653321/report/results/11104769?per_page=50&s= 2/2 255,710,206
Point Arena is a Federally Designated Historic Town. This is the first building visitors see when coming from the north. They are looking for amabience like Mendocino or Elk. This new building needs to be designed with some antique design features, such as a false front like an old western town, or decorations on the walls like the theater or the medical building downtownor made of architectural foam (there's many companies which make this foam and it goes on over the lath of a stucco building and then the whole building gets stuccoed--it is not expensive-Windows need to be mullioned like an old fashioned building, not huge panes of glass. You get the picture. The architect can copy other buildings downtown or look in a design book. It is all possible and not that expensive. Stucco, by the way does not need to be painted and is waterproof and durable. If stucco, the shrinkage deviders need to be of vinyl, not galvanized iron. No galvanized on the exterior! It just rots around here. The bus shelter needs to be placed away from view--it would be the first thing a highway visitor sees!Other than that, some roof details to break up the great mass of roof would hellp a lot.
Wednesday, Oct 6th
7:09PM
255,710,188
The metal fascia needs to be replaced on the outside and rust inspection performed. Wednesday, Oct 6th 7:16PM
255,709,932
The building resource can be a great multi-function asset to the City Wednesday, Oct 6th 7:04PM
255,708,745
the city recycle/trash dumpsters should be moved up to the veteran's building area. it would help clean up the cove and the creek. it would keep lots of garbage out of the creek. the enclosure could be built with chain link fencing - on all sides. it could have a "people" gate that closes with an automatic spring so it would never be open for raccoons and their friends. the fence area that has the "people" gate would also be able to slide all the way open so that the garbage truck could drive up and empty the dumpsters on trash day. i don't know how often the tractor has to smash the contents of the dumpsters down to keep them available for recycling. maybe a couple more dumpsters could be on site so that the tractor wouldn't have to smash recycling as often. or maybe someone will figure out a way to smash recycling without the tractor. age should not be required information. how is age more informative than say, gender or race? neither should your zip code. "prefer not to say" should be an option.
Wednesday, Oct 6th
6:03PM
255,706,951
It is one of the few buildings with a large hall and wheelchair accessibility. Wednesday, Oct 6th 5:55PM
255,518,435
Our community needs a community center! It is difficult to choose three uses. Most of those listed seem compatible. The Elk Community Center seems to balance many uses. Monday, Oct 4th 9:30AM 255,482,254
Would love to see a highly efficient air exchange system installed... Sunday, Oct 3rd 1:52PM 255,406,308
Provide services/that are not now available. Don't duplicate things that are already in place and don't compete with folks that already provide yoga and exercise classes Thursday, Sep 30th
7:01PM
255,395,055
Please upgrade electrical system, refrigeration, & kitchen ventilation, & create separate storage for meals wheels. Upgrade storage for onsite meals.
Thursday, Sep 30th
11:31AM
255,373,711
The Manchester Grange used to be a nice community center, but I don’t have much hope for its future now.
Point Arena City Hall would be a good alternative.
Wednesday, Sep 29th
11:58PM
255,368,541
Should not be used for private functions due to insurance issues and likely need for post event clean-up of the facility.
Wednesday, Sep 29th
9:00PM
255,366,470
As a neighbor my concerns are noise and traffic. I would be concerned about loud activities at night, traffic noise, additional lighting or loitering around the building or neighborhood. I love the use of the space for school functions, senior lunches, staff meetings and educational purposes.
Wednesday, Sep 29th
8:27PM
255,363,471
I would like to see the building remain city hall and the senior center, I believe there are other buildings in town for family gatherings/private events, especially with the group now trying to operate St Pauls along with St Aloysius Hall.
Wednesday, Sep 29th
7:04PM
ATTACHMENT 5
CONTRACT WITH
ALAMEIDA ARCHITECTURE
Agreement for Architectural Services for City of Point Arena Community/Senior/Recreational/Veterans Center Facility
This Agreement is made and entered into by and between the City of Point Arena, hereinafter referred to as “City”, and Alameida Architecture, hereinafter referred to as “Contractor”, collectively referred to as the “parties”.
SERVICES. Subject to the terms and conditions set forth in this Agreement, Alameida Architecture shall provide to City the services described in the Scope of Services attached hereto and incorporated herein as Exhibit A - Scope of Services, Exhibit B - Statement of Qualifications for Alameida Architecture in response to RFQ for City of Point Arena Community/ Senior/Recreational/Veterans Center Facility, Exhibit C - Fiscal Provisions, Exhibit D - Compliance Conditions, Exhibit E – Federal Terms and Conditions for CDBG Contracts, for CDBG Contracts and at the time and place and in the manner specified therein.
In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibits A, B, C, and D the Agreement shall prevail.
TERM. This Agreement shall commence on July 28, 2021, and shall terminate on July 28, 2023, unless earlier terminated as hereinafter provided.
COMPENSATION. Contractor has been selected by City to provide the services described hereunder in Exhibit “A” (Scope of Services) and Exhibit B , attached hereto. Compensation for Base Contract services as outline in Exhibit A to Contractor shall not exceed one hundred sixtythousand, six hundred twenty-five dollars ($160,725.00). The actual cost per task will be billed at the hourly rates presented in the Alameida Architecture “Statement of Qualifications and Response” to the City’s 2020 RFP for architectural services (Exhibit B).
Once Task 1 through 5 are completed project scope will be better defined and the City may elect to increase the construction budget in excess of 3 Million dollars and increase Contractor compensation as outlined in Exhibit A - Addendum 1. City approval for Addendum 1 is not part of this initial agreement. At the conclusion of task 5, Addendum 1 will be brought back to the City Council for acceptance or rejection.
The City shall compensate Contractor for services rendered, in accordance with the provisions set forth in Exhibit “C” (Fiscal Provisions), attached hereto, provided that Contractor is not in default under any provisions of this agreement.
TERMINATION. This Agreement may be terminated by mutual consent of the parties or by City upon 30 days written notice to Contractor.
In the event of non-appropriation of funds for the services provided under this Agreement, City may terminate this Agreement, without termination charge or other liability.
Upon termination, Contractor shall be paid a prorated amount for the services provided up to the date of termination.
EXHIBIT “A” – SCOPE OF SERVICES
CONTRACTOR RESPONSIBILITIES. Phase one design service activities described below for the improvement or replacement of the City of Point Area Veterans’ / Senior Center building.
Task 1 - Project Initiation and Programming:
1) Meetings with skateholder groups for initial needs assessment 2) City Council workshop to gain public input on user needs. 3) Finalizing building program, site layout, and green design approaches based on community needs.
4) Section 106 - SHPO Review: Existing building is less than 50 years old - Assumption is No Historic Properties Affected. Scope for demonstrating Section 106 compliance assumed to be:
a. Obtain a letter from SHPO that concurs with HUD’s or the Responsible Entity’s determination of “no historic properties affected”.
b. Documentation including 1) the undertaking and the APE (including photographs, maps, and drawings, as necessary), 2) steps taken to identify historic properties, 3) the basis for determining that no historic properties are present or affected, 4) evidence of tribal consultation if required; and copies or summaries of any views provided by consulting parties and the public.
c. Submit to SHPO and if SHPO has not responded to a properly documented request for concurrence within 30 days of receipt of the request, document the request and lack of response as part of the record
Base Contract Task 1 - Compensation: $10,375
Task 2 - Schematic Design
Developing preliminary architectural and engineering plans, including a required seismic retrofit per UBC 1997.
Base Contract Task 2 - Compensation: $15,000
Task 3 - Determine the Renovation Cost Estimates
Develop low, medium, and high budget options with separate costs for renovation as a NEPA Categorical Exclusion for rehabilitation of an existing public facility with less than a 20% increase in size and capacity or rehabilitation of an existing public facility with more than a 20% increase in size and capacity or new construction as a NEPA project with an HUD Form Environmental Assessment with a finding of no significant impact (FONSI).) Base Contract Task 3 - Compensation: $5,000
Task - 4 Alternative Site Evaluation
Determining other possible sites for a new facility and determining costs for building a new facility either at the current facility site or elsewhere. An Environmental Assessments must be completed for the preferred new site if chosen (NEPA & CEQA).
Proposal assumes as stated in Supplemental Clarification that proposed new site(s) & new construction would have:
1) A "FONSI" finding, cost for an Environmental Impact Report Consultant, Naturalist
assessing endangered species, Archeologist or other special mitigation assessment measures are not included in the proposal.
2) Assist in the completion and submission of HUD form HI-00487R "Environmental Assessment and Compliance Findings for the Related Laws " with Field Notes Checklist. 3) Assist City to obtain local supporting documentation from the City/County and Coastal Commission substantiating and affirming a FONSI finding.
Base Contract Task 4 - Compensation: $5,000
Task 5 - Design Development
Providing a cost benefit analysis of the two alternatives when they have been developed sufficiently that includes construction costs, permitting costs, and NEPA compliance costs. The City will select the preferred alternative. Tasks #6-#9 will be completed for the preferred alternative only.
If at the time of completion of Task #5, the City Council approves a preferred alternative with a construction value that has been determined to be over $3 million it will consider approving ADDENDUM 1.
If ADDENDUM 1 is approved by the Council, the contractor will proceed with Tasks 6-9, billing against the “Base Contract Compensation” amounts for those tasks. At the point those amounts are exhausted, the contractor will continue to complete Tasks 6-9 under the compensation set forth in ADDENDUM 1.
Base Contract - Compensation fee: $16,600
Task 5
Task 6 – Permitting Determinations
Determining the necessary permits needed for the selected alternative and complete the appropriate level of NEPA & CEQA environmental review for the selected alternative.
Base Contract Task 6 - Compensation (Construction Value up to $3 million): $12,450 Task 7 - Preparing a timeline for construction for the selected alternative.
Base Contract Task 7 - Compensation (Construction Value up to $3 million): $4,150 Task 8 - Final Design Refinement and Development Process.
Completion of final design including all engineering, specification and plans for bidding.
Provides for community engagement for the final design process.
Base Contract Task 8 - Compensation (Construction Value up to $3 million): $8,300 Task 9 - Construction Documents, Permitting
1) Prepare Construction Plans, Specifications and engineering documents 2) Complete all permitting processes in preparation to go to bid within 90 days for approval of construction funding.
Base Contract Task 9 - Compensation (Construction Value up to 3 million): $78,850
Summary of Tasks 1 – 9 Base Contract Compensation for Construction Value up to 3,000,000 Project Initiation / Programming (Task 1) $ 10,375
Schematic Design: (Task 2 and 4) $ 25,000
Design Development: (Task 5) $ 16,600
Final Design & Permitting: (Task 6-8) $ 24,900
Construction Documents (Task 9) $ 78,850
Subtotal $ 155,725
Reimbursable Expenses: $ 5,000
Base Contract Total: $ 160,725
ADDENDUM 1 DESCRIPTION
ADDENDUM 1 - Compensation for Construction Value above $ 3,000,000 up to $5,000,000 • The fee amendment percentages will be applied only to increases over $3 million of construction value.
• The maximum compensation for the Construction Value above $3,000,000 to $4,000,000 shall be seven and a half percent (7.5%).
• The maximum compensation for the construction value between $4,000,000 - $5,000,000 shall be seven per cent (7.0%)
• Maximum Compensation for ADDENDUM 1 for construct value over $3 million to $5 million is up to $145,000.
REPORTING REQUIREMENTS. Contractor shall submit monthly reports in a format approved by City by the 10th of the month following the report period.
RECORDS RETENTION. Contractor shall prepare, maintain and/or make available to City upon request, all records and documentation pertaining to this Agreement, including financial, statistical, property, recipient and service records and supporting documentation for a period of five (5) years from the date of final payment of this Agreement. If at the end of the retention period, there is ongoing litigation or an outstanding audit involving the records, Contractor shall retain the records until resolution of litigation or audit. After the retention period has expired, Contractor assures that confidential records shall be shredded and disposed of appropriately.
CITY RESPONSIBILITIES. City staff will facilitate and process the referrals to the Contractor. City will procure the needed consultants for the completion of supporting Engineering Reports (not included in this contract) to be contracted for by the City. Costs are estimates by the Contractor.
The required studies and/or reports are:
4.1 Topographical Survey $2,500 - 9,800
4.2 Geotechnical Soils Report $9,000 - 16,500
4.3 Hazardous Material Report $5,500 – 8,000
1) EXHIBIT “C” – FISCAL PROVISIONS
2) CONTRACTOR’S FINANCIAL RECORDS
Contractor shall keep financial records for funds received hereunder, separate from any other funds administered by Contractor,and maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget’s Cost Principles.
3) INVOICES
a) Contractor’s invoices shall be submitted in arrears on a monthly basis, or such other time that is mutually agreed upon in writing and shall be itemized and formatted to the satisfaction of the City.
b) City shall make payment within 20 business days of an undisputed invoice for the compensation stipulated herein for supplies delivered and accepted or services rendered and accepted, less potential deductions, if any, as herein provided. Payment on partial deliverables may be made whenever amounts due so warrant or when requested by the Contractor and approved by the Assistant Purchasing Agent. 4) AUDIT REQUIREMENTS AND AUDIT EXCEPTIONS
a) Contractor warrants that it shall comply with all audit requirements established by City and will provide a copy of Contractor’s Annual Independent Audit Report, if applicable. b) City may conduct periodic audits of Contractor’s financial records, notifying Contractor no less than 48 hours prior to scheduled audit. Said notice shall include a detailed listing of the records required for review. Contractor shall allow City, or other appropriate entities designated by City, access to all financial records pertinent to thisAgreement. c) Contractor shall reimburse City for audit exceptions within 30 days of written demand or shall make other repayment arrangements subject to the approval ofCity. 5) BUDGET
The Contractor shall submit, in advance, a detailed budget, in the format provided by City for review and approval by the City. Contractor shall be compensated only for expenses included in the approved budget. Modification to the budget must be approved in advance by the City.
6) EXPENDITURE OF FUNDS
a) Funds payable through this agreement shall not be used to purchase food or promotional merchandise or to attend conferences unless specifically approved in thebudget. b) City reserves the right to refuse payment to Contractor or disallow costs for any expenditure determined to be unreasonable, out of compliance, or inappropriate to the services provided hereunder.
EXHIBIT “D” – COMPLIANCE PROVISIONS
7) INFORMATION INTEGRITY AND SECURITY. Contractor shall immediately notify City of any known or suspected breach of personal, sensitive and confidential information related to Contractor’s work under this Agreement.
8) NON-DISCRIMINATION. Contractor shall not unlawfully discriminate against any qualified worker or recipient of services because of race, religious creed, color, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, marital status or age.
9) DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS a) The Contractor certifies to the best of its knowledge and belief, that it andits subcontractors:
b) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; c) Have not, within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction; violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolenproperty;
d) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in the preceding paragraph; and
e) Have not, within a three-year period preceding this Agreement, had one or more public transactions terminated for cause or default.
f) Contractor shall report immediately to City, in writing, any incidents ofalleged fraud and/or abuse by either Contractor or Contractor’s subcontractor. Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by City.
10) AGREEMENTS IN EXCESS OF $100,000. Contractor shall comply with all applicable orders or requirements issued under the following laws:
a) Clean Air Act, as amended (42 USC 1857).
b) Clean Water Act, as amended (33 USC 1368).
c) Federal Water Pollution Control Act, as amended (33 USC 1251, etseq.) d) Environmental Protection Agency Regulations (40 CFR, Part 15 and Exe Order 11738). 11) INDEMNIFICATION AND HOLD HARMLESS.
a) Contractor shall indemnify and defend City and its officers, employees, and agents against and hold them harmless from any and all claims, losses, damages, and liability for damages, including attorney's fees and other costs of defense incurred by City, whether for damage to or loss of property, or injury to or death of person, including properties of a) Contractor=s obligations under this Section shall survive the termination of the Agreement.
12) STANDARD OF CARE. Contractor represents that it is specially trained, licensed, experienced and competent to perform all the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Contractor or designated subcontractors, in a manner according to generally accepted practices. 13) INTEREST OF CONTRACTOR. Contractor assures that neither it nor its employees has any interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services hereunder. 14) DUE PERFORMANCE – DEFAULT.
a) Each party agrees to fully perform all aspects of this agreement. If a default to this agreement occurs, then the party in default shall be given written notice of said default by the other party. If the party in default does not fully correct (cure) the default within 30 days of the date of that notice the time to cure) then such party shall be in default.
b) The time period for corrective action of the party in default may be extended in writing executed by both parties, which must include the reason(s) for the extension and the date the extension expires.
c) Notice given under this provision shall specify the alleged default and the applicable Agreement provision and shall demand that the party in default perform the provisions of this Agreement within the applicable time period. No such notice shall be deemed a termination of this Agreement, unless the party giving notice so elects in that notice, or so elects in a subsequent written notice after the time to cure has expired. 15) INSURANCE.
a) Contractor shall procure and maintain Workers’ Compensation Insurance for all of its employees.
b) Contractor shall procure and maintain Comprehensive Public Liability Insurance, both bodily injury and property damage, in an amount of not less than one million dollars ($1,000,000) combined single limit coverage per occurrence, including but not limited to endorsements for the following coverage: personal injury, premises-operations, products and completed operations, blanket contractual, and independent contractor's liability. c) Contractor shall procure and maintain Comprehensive Automobile Liability Insurance, both bodily injury and property damage, on owned, hired, leased and non-owned vehicles used in connection with Contractor's business in an amount of not less than one million dollars ($1,000,000) combined single limit coverage per occurrence. d) Contractor shall procure and maintain Professional Liability Insurance for the protection against claims arising out of the performance of services under this Agreement caused by errors, omissions or other acts for which Contractor is liable. Said insurance shall be written with limits of not less than one million dollars ($1,000,000). e) Contractor shall not commence work under this Agreement until it has obtained all the insurance required hereinabove and submitted to City certificates of insurance naming the City of Point Arena as additional insured. Contractor agrees to provide to City, at least 30 days prior to expiration date, a new certificate of insurance. f) In case of any subcontract, Contractor shall require each subcontractor to provide all of the same coverage as detailed hereinabove. Subcontractors shall provide certificates of
insurance naming the City of Point Arena as additional insured and shall submit new g) certificates of insurance at least 30 days prior to expiration date. Contractor shall not allow any subcontractor to commence work until the required insurances have been obtained.
h) For any claims related to the work performed under this Agreement, the Contractor=s insurance coverage shall be primary insurance as to the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, agents or volunteers shall be in excess of the Contractor=s insurance and shall not contribute with it.
i) The Commercial General Liability and Automobile Liability Insurance must each contain, or be endorsed to contain, the following provision:
j) The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds and shall be added in the form of an endorsement to Contractor's k) Insurance on Form CG 20 10 11 85. Contractor shall not commence work under this Agreement until Contractor has had delivered to City the Additional Insured Endorsements required herein.
l) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of California Civil Code Section 2782. m) Insurance coverage required of Contractor under this Agreement shall be placed with insurers with a current A.M. Best rating of no less than A: VII. n) Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude City from taking other action as is available to it under any other provision of this Agreement or applicable law. Failure of City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of these provisions at a later date. o) Any failure of Contractor to maintain the insurance required by this section, or to comply with any of the requirements of this section, shall constitute a material breach of the entire Agreement.
16) ATTORNEY’S FEES AND COSTS. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such part may be entitled.
17) ASSIGNMENT. Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of City except that claims for money due or to become due Contractor from City under this Agreement may be assigned by Contractor to a bank, trust company, or other financial institution without such approval. Written notice of any such transfer shall be furnished promptly to City. Any attempt at assignment of rights under this Agreement except for those specifically consented to by both parties or as stated above shall be void. 18) PAYROLL TAXES AND DEDUCTIONS. Contractor shall promptly forward payroll taxes, insurances, and contributions to designated governmental agencies.
19) INDEPENDENT CONTRACTOR.
a) It is specifically understood and agreed that, in the making and performance of this Agreement, Contractor is an independent contractor and is not an employee, agent or servant of City. Contractor is not entitled to any employee benefits. b) City agrees that Contractor shall have the right to control the manner and means of accomplishing the result contracted for herein.
c) Contractor is solely responsible for the payment of all federal, state and local taxes, charges, fees, or contributions required with respect to Contractor and Contractor’s officers, employees, and agents who are engaged in the performance of this Agreement (including without limitation, unemployment insurance, social security and payroll tax withholding.)
20)OWNERSHIP OF DOCUMENTS. All non-proprietary reports, drawings, renderings, or other documents or materials prepared by Contractor hereunder are the property of City. 21) SEVERABILITY. If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall be severable and not affected thereby. 22) ADHERENCE TO APPLICABLE DISABILITY LAW. Contractor shall be responsible for knowing and adhering to the requirements of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, (42 U.S.C. Sections 12101, et seq.). California Government Code Sections 12920 et seq., and all related state and local laws. 23) HIPAA COMPLIANCE. Contractor will adhere to Titles 9 and 22 and all other applicable Federal and State statutes and regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and will make his best efforts to preserve data integrity and the confidentiality of protected health information. 24) SAFETY RESPONSIBILITIES. Contractor will adhere to all applicable CalOSHA requirements in performing work pursuant to this Agreement. Contractor agrees that in the performance of work under this Agreement, Contractor will provide for the safety needs of its employees and will be responsible for maintaining the standards necessary to minimize health and safety hazards.
25) JURISDICTION AND VENUE. This Agreement shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue of any action or proceeding regarding this Agreement or performance thereof shall be in Point Arena City, California.
Contractor waives any right of removal it might have under California Code of Civil Procedure Section 394.
26) RESIDENCY. All independent contractors providing services to City for compensation must file a State of California Form 590, certifying California residency or, in the case of a corporation, certifying that they have a permanent place of business in California. 27) NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create, nor intend to create, any rights in or for the benefit of third parties.
EXHIBIT E – FEDERAL TERMS AND CONDITIONS FOR CDBG CONTRACTS During the performance ofthe contract,the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:
1) AFFIRMATIVE ACTION:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses are encouraged to apply. 2) HUD SECTION 3:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the HUD, Community Development Block Grant Program, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as specified in the project specifications. 3) NON-DISCRIMINATION CLAUSE:
a) During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. b) Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).
c) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
4) EQUAL OPPORTUNITY:
During the performance of this Contract, the Contractor agrees as follows:
a) The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60). b) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
c) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin. d) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965 and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g) The Contractor will include the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to
enter into such litigation to protect the interests of the UnitedStates. h) The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed.
Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
i) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. j) Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. k) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
l) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 5) CONFLICT OF INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF CONTRACTORS, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS:
a) Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise
or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG- assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter.
b) The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.
6) INSURANCE:
Maintenance, if so required by law, of unemployment insurance, disability insurance, workers’ compensation insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it. 7) DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e):
a) The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. b) Affirmative steps shall include
c) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
d) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
e) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
f) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; g) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. 8) COPELAND "ANTI-KICKBACK" ACT (18 U.S.C. 874):
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 9) COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS:
Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.
10) COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330):
Contractor will comply with Sections 103 and 1 07 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29
CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). 11) REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:
All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City. 12) REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent to the contract. 13) COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:
a) Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h). b) Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368). c) Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).
14) COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat. 871):
The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 94-163,89 Stat. 871). 15) D/MBE/WBE IMPLEMENTATION GUIDELINES:
The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements:
a) The names and dates of advertisement of each newspaper, trade paper, and minorityfocus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
b) The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested.
c) The items of work for which the bidder requested sub bids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are d) D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.
e) The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasonsfor the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier.
f) Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
g) To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep, or via mail at: D/M/WBE Listing for City, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800. 16) AUDIT, RETENTION AND INSPECTION OF RECORDS:
a) The Contractor agrees that the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. The Contractor agrees to provide any relevant information requested and shall permit the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
b) The Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the City all original records and related documentation.