HomeMy WebLinkAbout01/04/2005, C5 - PALM-NIPOMO PARKING STRUCTURE DESIGN CONTRACT council °�,uw.4.2W5
j apenaa Report C
CITY OF SAN LUIS 0B.ISP0 ��,,••��
FROM: Jay Walter,Director of Public Work
��"'
Prepared By: Peggy Mandeville,Principal Transpo tion Planner
Robert Horch,Parking Services Manager
SUBJECT: PALM-NIPOMO PARKING STRUCTURE DESIGN CONTRACT
CAO RECOMMENDATION:
Approve a contract with Chong Partners Architecture to further develop design concepts for
a Palm-Nipomo parking structure for an amount not to exceed $61,500 and authorize the
Mayor to sign the agreement.
DISCUSSION
Background
The Palm-Nipomo parking garage project was established by the City Council as one of
their "Other Council Objectives" with the adoption of the 2003-2005 Financial Plan (see
Attachment 1). The Financial Plan calls for the development of a conceptual design for a
parking structure near the comer of Palm and Nipomo Streets as the first step in the process
of evaluating the site for its potential use as a multi-level parking structure. The proposed
parking garage site (see Attachment 2) is currently occupied by City-owned surface parking
lots and five residential units(all City owned with the exception of a single family residence
at 614 Monterey Street).
Last year Chong Partners Architecture (formally Gordon H. Chong and Partners) was hired
by the City to prepare a variety of conceptual parking garage design options including self
parking (ie. the Palm and Marsh Street parking structures) and mechanical parking designs.
Mechanical parking is a relatively new concept in parking design using an existing
technology-elevators. Mechanical parking allows vehicles to be stored in approximately
half the space of a self-park garage because there is no need for drive aisles, ramps or space
for people. The system operates with a series of elevators moving vehicles vertically and
horizontally into storage bays. These options were presented to the City Council at a study
session on May 25, 2004. At the conclusion of the study session, the City Council
unanimously directed staff to proceed with Site Plan Options "D" (self park) and "H"
(mechanical) as baseline design options (see Attachment 3) for further study and return to
Council at a future study session with designs that consider the following:
1. Pushing the parking structure back on the property toward Palm Street to allow
more land area on Monterey Street to build the Little Theater or some other cultural
facility and leaving a smaller area along Palm Street for offices and/or housing.
C�;-- I
Palm-Nipomo Design Concepts Consultant Contract
Page 2
2. Leaving the houses on Monterey Street in place until the Little Theater can be built.
3. Having a more direct pedestrian access from the parking structure to Monterey
Street.
4. Designing for more parking spaces in future phases of the project.
5. Considering other possible uses for the roof of the structure.
6. Providing more. parking spaces with the addition of another level of parking
underground.
7. Preserving the signature oak tree on Monterey Street.
Staff has been working with the consultant to develop a work scope that encompasses this
criteria. The consultant's proposal(Attachment 4)calls for the consultant to work with City
staff to develop four alternatives (two of which will mechanical designs) that will be
presented to the City Council. The proposal also includes site investigations to determine
the site's depth to bedrock, depth of the water table, and soil testing for contaminated soils.
These investigations will help determine the cost effectiveness of building a portion of the
parking structure underground. The consultant's proposal includes the following
components:
Architectural design $34,500
Environmental investigations $12,000
Parking geometric/queuing analysis $12,000
Reimbursables(not to exceed) $ 3,000
Contract services total $61,500
The culmination of this contract should result in Council approval of one or two preferred
site plan options.
Next Steps
Once Council has identified one or two preferred site plan options, project plans can be
developed and submitted to the City for architectural and environmental review by the Tree
Committee, Cultural Heritage Committee, Architectural Review Commission, Planning
Commission, and City Council (final approval).
FISCAL UAPACTS
Directing staff to proceed with further study of a site plan option does not have a direct
fiscal impact beyond the City Council's already budgeted $150,000 for study and design
services. Approximately $141,000 remains available for completion of conceptual design
services.
No funds have been allocated for construction of the Palm Nipomo parking garage.
Palm-Nipomo Design Concepts Consultant Contract
Page 3
ALTERNATIVES
1. Continue item to a future Council meeting when Council is scheduled to discuss the
Parking Fund.
2. Direct staff to discontinue work on the project (which is currently a Council goal),
identify the reactivation of the project as a potential Council goal for the next two-year
goal setting process.
3. Other alternatives as directed by the City Council.
ATTACHMENTS
1. City's 2003-05 Financial Plan,Appendix B, page 206-07
2. Property Location/Ownership Map
3. Site Plan Options D and H
4. Agreement
1:\-Council Agenda Reports\2005 agenda reportsUransportation and Development Review(Bochum)\Parking
(Horch)Talm-Nipomo Design Prelim Design Contract.doc
Attachment 1
TRANSPORTATION
PALM-NIPOMO PARKING GARAGE
Project Summary
Developing the Palm-Nipomo Parking Garage will cost$150,000 for conceptual design 2003-04 and$300,000 for
environmental review in 2004-05.
Project Objectives
1. Satisfy the demand for more parking downtown.
2. Examine the potential for the reuse of surface parking lots for housing and/or commercial needs.
Existing Situation
The proposed parking garage site at Palm and Nipomo, as envisioned by the Conceptual Physical Plan for the
City's Center, is currently occupied by City-owned surface parking lots, a single family residence fronting on
Monterey Street, and an apartment building fronting on Palm Street. Because the General Plan contains policies
for preserving housing in the downtown, strictly following the Conceptual Plan would cause conflicts with the
General Plan unless housing options were a part of the proposal. Thus,design options need to be studied that
could lessen or eliminate the need for acquisition of one or either of these properties or incorporate housing at this
location or another.
Once preliminary design studies have been completed and the Council has chosen a preferred option, a follow-up
environmental assessment will be needed in order to determine environmental consequences. From there,the
Council will be able to decide whether or not to proceed with property acquisition and design.
The Draft Pedestrian and Downtown Access Plan identified this site as third priority for additional parking
garages following the higher needs a) near the intersection of Palm and Morro and b)east of Santa Rosa Street.
The Copeland Palm-Morro Garage is on tract to fulfill the needs of the first and the NARF project will satisfy the
needs for the second. Given the long time frames it takes to get all approvals and build a parking garage in our
City,this is the appropriate time to begin the early conceptual design phase/environmental review aspects of the
project to meet the estimated 2012 timed need anticipated by the PDAP study.
Land acquisition would occur only after a project conceptual design has been adopted and its EIR considered and
adopted.
Goal and Policy Links
1. Downtown Concept Plan(1994)
2. Adopted Access and Parking Management(2002)
3. Major City Goal,2003-05 Financial Plan
Project Work Completed
None.
Environmental Review
Given the project location in the downtown'and past history with other highly visible projects, an EIR will be
needed for this project.
206 ���
Attachment 1
PALM-NIPOMO PARKING GARAGE `
Project Phasing and Funding Sources
Pro'ect Costs b Type -
Project Costs
To-Date 2003-04 2004-05 2005-06 2006-07 Total
_ 150,000 150,000
Study
Environmental review 300,000_ 300,000
Total 150,000 300,000_ 450,000
Project Funding Source: Parking Fund
Department Coordinator and'Project Support
Department Coordinator: Parking Manager
Project Support:
Project management-Transportation Planning and Engineering Program
Project coordination-Parking Program, Public Works Administration Program
Environmental Review-- Ron Whisenand,Deputy Director of Community Development
Alternatives
Defer or Deny the Project. This project has been identified as a new Council goal to study the options to
construct a parking facility at this location. The timing could be deferred to future years depending on other
projects and funding available for this project
Project Effect on the Operating Budget
Staff Resources:
CIP Project Engineering Program: 40 hours total
Parking Program: 200 hours per year(Parking Manager)
Public Works Administration: 100 hours per year(Deputy Public Works Director)
Development Review Program: 100 hours total
This project will have significant,but unestimated, future costs for operations and maintenance.
CS ��
207 /'
A7TACHMENT2
PROPERTY LOCATION/OWNERSHIP MAP
/ ;r •.M,
Properties currently
opined by Cit}
rx
J R y? •1
r.
M
C.
Attachment 3
nn �
� r
o cJ
I yi ZH� �� � •'� h
iC N sl R m to
C Li
INN . „
z�
,o
aU
o-
1 i
1
b }
F y`i.
,f
� L J
e b b I
At
' 9-
Attachment 3
N N
1-0
ca
II ♦Y
W' W
a
q Ui �a
Wi y,Iww
m C
Zv1
�w
aAl
D
D
w ..2:.
WIJ'°A
i F
1
' I
I '
_u ONDM
C41)
-/ p
ATrACHMENT„
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
day of 12005,by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as City, and Chong Partners Architecture,
hereinafter referred to as Consultant..
WITNESSETH:
WHEREAS, the City's 2003-05 Financial Ylan calls for the development of design options for a
parking structure at the comer of Palm and Nipomo Streets as the first step in the process of evaluating
the site for its potential us as a multi-level parking structure;and
WHEREAS, the City hired Chong Partners Architecture to develop preliminary design options
and on May 25, 2004 the City Council directed staff to proceed with Consultant's Site Plan Options "D"
and "H" as baseline design options for further study and return to Council at a future study session with
design refinements; and
WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal
to do so which has been accepted by City.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date of this Agreement is made
and entered, as first written above,until acceptance or completion of said services.
2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City
will pay and Consultant shall receive therefore compensation in a total sum not to exceed
$61,500.
3. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City,Consultant.agrees
with City to provide services as set forth in Exhibit A attached hereto and incorporated
into this Agreement. Consultant further agrees to the contract performance terms as set
forth in Exhibit B attached hereto and incorporated into this,Agreement.
Cl;; 9
racxMENT�
4. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City
Administrative Officer of the City.
5. COMPLETE AGREEMENT. This written. Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement
between the parties hereto. No oral agreement, understanding, or representation not
reduced to writing and specifically incorporated herein shall be of any force or effect,nor
shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
6. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Public Works Consultant Chong Partners Architecture
City of San Luis Obispo 405 Howard St., 5`4 Floor
955 Morro Street San Francisco,CA 94105
San Luis Obispo,CA 93401
7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that
each individual executing this agreement on behalf of each party is a person duly authorized
and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written,
ATTEST: CITY OF SAN LUIS OBISPO, A Municipal
Corporation
By:
Audrey Hooper,City Clerk David F. Romero,Mayor
APPROVED AS TO FORM: CONSULTANT
- By:
ona Lowell,61ty Attorney Sam Nunes,Partner,
� - l C)
69 ATTACMVMNT.
Exhibit 91
CHONG I PARTNERS ARCHITECTURE
November 24,2004
Peggy Mandeville
Transportation Associate
City of San Luis Obispo,Public Works Department
955 Morro Street
San Luis Obispo,CA 93401
Re Palm Nipomo Parking Structure File No. 03074/4.1.1
Phase Two, Conceptual Design
Dear Peggy,
We are pleased to submit our proposal to provide additional Professional Design Services for the Palm-
Nipomo Parking Structure. Our Scope of Services and required fees, defined below, are based upon our
understanding of the project requirements determined by our recent conversations,our work session with
council on May 25,2004 and the City Council report prepared by your office and dated May 25,2004.
Based on this work session,the two design diagrams, Scheme D(self park)and Scheme H(mechanical)
were approved for further study.
Basic Scope of Services
Conceptual Design
The proposed site is bound by Palm to the north,Nipomo to the west and Monterey to the South. The
available project site is 214'-6"x 280'-0",and contains an existing city owned parking lot and housing.
The parking structure shall be designed for approximately 400 parking spaces using the San Luis Obispo
standard stall size.
The two preferred design diagrams, Scheme D and Scheme H will be further developed and will address
City Council direction to"consider"the following:
• Locate the parking structure toward Palm Street to allow for more land area to build a cultural
facility on Monterey Street(possibly SLO Little Theater).
• Leave the houses on Monterey Street in place until the Little Theater can be built.
• Incorporate offices and/or housing into the design of the.Palm Street frontage.
• Providing a more direct pedestrian access from the parking structure to Monterey Street.
• Design for expansion of parking spaces in future phases of the project.
405 Howard Street.5th Floor San Francisco.CA 94105 Tel:415433.0120 Fax:415.433 4368 v r I I
San Francisco Sacramento San Dingo
"AllATTACHMENT
Exhibit
CHONG I PARTNERS ARCHITECTURE
Peggy Mandeville
November 24,2004
Page 2
• Propose other possible uses(i.e. senior center, housing,tennis courts,or special events)for the
roof of the structure.
• Provide more parking spaces by the including an underground level of parking.
• Preserve signature oak trees on Monterey by not encroaching into its dripline.
Basic schedule:
• Sub-consultant conducts geotechnical investigation including 6-8 borings to bedrock or to 50 feet
and lab tests for typical investigation of bearing, corrosion, etc. and provides findings to Chong
Partners Architecture.
• Sub-consultant conducts environmental screening to include soil test for EPA identified
substances: VOC, Semi-VOC and heavy metals and provides findings to Chong Partners
Architecture and staff.
• Sub-consultant conducts investigation to determine depth of water table and provides findings to
Chong Partners Architecture.
• Utilizing the above information gathered by sub-consultants, Chong Partners Architecture will
develop 3-4 design alternatives for each scheme D and H,(approximately %z of these designs
should incorporate mechanical parking). These designs will be provided to City staff.
e Chong Partners Architecture will meet with City staff(including representatives from
Administration,Community Development and Finance Departments)to discuss design issues,
review and evaluate alternatives, and give consultant direction regarding which alternatives(or
components of alternatives)the consultant should continue to refine. This proposal assumes that
4 alternatives(max)will be selected and developed further for Council consideration.
• Chong Partners Architecture develops refined schemes and submits to City Staff for review.
• City staff provides Chong Partners Architecture with direction regarding any additional changes.
• Chong Partners Architecture submits revised refined schemes to City.
• Chong Partners Architecture attends City Council study session to present designs and answer
questions.
Additional services including topographic survey, boundary survey, utility survey,peak hour volume
assessment,and user profile/shared-use study may be needed if the information provided by the City is
determined to be insufficient.
c�- � a
Exhibit "A", ATTACHMENT �}
CHONG I PARTNERS ARCHITECTURE
Peggy Mandeville
November 24,2004
Page 3
Each of the four design options presented to Council shall include the following information presented
graphically:
• Site/circulation/parking plan
• Massing strategy(building elevations or model)
• Site section
Each of the four design options presented to Council shall also include the following information:
• Number of existing on and off=street parking spaces eliminated with design
• Number of new parking spaces created and actual net gain
• Preliminary cost comparison to the other design options
• Preliminary traffic queuing analysis(limited within theatructure)
• Preliminary engineering strategy
• Land use strategy including the benefits and draw backs of mixed uses(limited to preliminary
analysis)
• Energy conservation strategy
• How deliveries,access, parking,trash pick-up,and ventilation for"other"uses will be
accommodated.
The final conceptual designs(assumes four)will include'information regarding architectural expression,
material and finishes and basic parking geometrics. Basic engineering systems will be investigated, but
no engineering drawings will be submitted.
Preliminary cost assumptions will be provided in gross terms in lieu of a detailed cost estimate for the
two preferred schemes.
The deliverables shall include:
- Architectural Site Plan
- Site Circulation Plan
Floor Plans for each final scheme
- Building Elevations(major ones)for each final scheme
- One Building Section through adjacent house for each final scheme
- Geotechnical Report
- Preliminary cost assumption
Exhibit "A ATTACHMENT 4
CHONG I PARTNERS ARCHITECTURE
Peggy Mandeville
November 24, 2004
Page 4
Architectural Fees
Based on the scope of services and project approach defined above,we propose to provide professional
services noted above on a lump sum basis not-to-exceed$58,500.
Project Assumptions
• The Little Theatre use does not need to be incorporated into every scheme.
• There is an existing setback along Monterey as prescribed by the Downtown Concept Plan. This
setback of 30'-0"from the sidewalk does not need to be maintained.
• There is an existing mature oak tree on Monterey. All development must consider the safe
preservation of this tree. Assumption is made that development beyond the tree drip line is not
accepted.
• Do not exceed 45'-0"height limit on Monterey Street at curb edge.
• The parking structure component will be developed using the following user profile provided by
the City: 50% employee use and 50%visitor use.
Reimbursable Expenses
Reimbursable expenses are in addition to compensation for basic and additional services and include
expenses incurred by the Architect and our employees in the interest of the project as defined below:
• Expense of transportation and lodging in connection with the project
• Expense of reproductions, postage and handling of drawings, specifications and other
documents
The expenses are expected to not exceed $3,000 total.
Terms
Compensation will be billed monthly on a lump sum basis. Payment is due and payable thirty(30)days
from the date of the architect's invoice.
We thank you for this opportunity to present our proposal. Please contact me should you require further
information or clarification.
Sincerel ,
Pauli Souza
Assoc' to Partner
CC. Sam Nunes
CS � f �
ATTACHMENT
Exhibit B
CONTRACT PERFORMANCE TERMS
1. Business Tax. Consultant must have a valid City of San Luis Obispo business tax certificate prior to
execution of the contract. Additional information regarding the City's business tax program may be
obtained by calling(805) 781-7134.
2. Ability to Perform. Consultant warrants that it possesses, or has arranged through subcontracts, all
capital and other equipment, labor,materials, and licenses necessary to carry out and complete the work
hereunder in compliance with any and all federal, state, county, city, and special district laws,
ordinances, and regulations.
3. Laws to be Observed. Consultant shall keep itself fully informed of and shall observe and comply
with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Consultant
is required to pay.
5. Permits and Licenses. Consultant shall procure all permits and licenses, pay all charges and.fees, and
give all notices necessary.
6. Safety Provisions. Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever Consultant's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and
maintain such fences,temporary railings,barricades, lights, signs and other devices and take such other
protective measures as are necessary to prevent accidents or damage or injury to the public and
employees.
8. Preservation of City Property.. Consultant shall provide and install suitable safeguards, approved by
the City, to protect City property from injury or damage. If City property is injured or damaged as a
result of Consultant's operations, it shall be replaced or restored at Consultant's expense. The facilities
shall be replaced or restored to a condition as good as when the Consultant began work.
9. Immigration Act of 1986. Consultant warrants on behalf of itself and all sub-contractors engaged for
the performance of this work that only persons authorized to work in the United States pursuant to the
Immigration Reform and Control Act,of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
10. Consultant Non-Discrimination. In the performance of this work, Consultant agrees that it will not
engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,
or religion of such persons.
11. Work Delays. Should Consultant be obstructed or delayed in the work required to be done hereunder
by changes in the work or by any default, act, or omission of the City, or by strikes,fire, earthquake, or
any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal
ATTACHMENT
government restrictions arising out of defense or war programs, then the time of completion may, at the
City's sole option,be extended for such periods as may be agreed upon by the City and the Consultant.
12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the services provided by Consultant(Net 30).
13. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that
the services of Consultant are being performed in accordance with the requirements and intentions of
this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection
and approval. The inspection of such work shall not relieve Consultant of any of its obligations to
fulfill its contract requirements.
14. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Consultant in preparing its invoices to City as a condition precedent to any payment
to Consultant.
15. Interests of Consultant. Consultant covenants that it presently has no interest, and shall not acquire
any interest direct or indirect or otherwise, which would conflict in any manner or degree with the
performance of the work hereunder. Consultant further covenants that, in the performance of this work,
no sub-contractor or person having such an interest shall be employed. Consultant certifies that no one
who has or will have any financial interest in performing this work is an officer or employee of the
City. It is hereby expressly agreed that, in the performance of the work hereunder, Consultant shall at
all times be deemed an independent contractor and not an agent or employee of the City.
16. Hold Harmless and Indemnification. Consultant agrees to defend, indemnify, protect and hold the
City and its agents, officers and employees harmless from and against any and all claims asserted or
liability established for damages or.injuries to any person or property, including injury to Consultant's
employees, agents or officers which arise from or are connected with or are caused or claimed to be
caused by the acts or omissions of Consultant, and its agents, officers or employees, in performing the
work or services herein, and all expenses of investigating and defending against same; provided,
however, that Consultant's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents, officers or
employees.
17. Year 2000 Compliance. The Consultant warrants that the goods or services provided to the City,
including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this
contract, "Year 2000 compliant" means that goods or services provided to the City will continue to
fully function,fault-free,before,at and.after the Year 2000,without interruption or human intervention;
and if applicable, any data outside of the date range 1990-1999, including leap years, will be correctly
processed in any level of computer hardware or software, including, but not limited to, microcode,
firmware,application programs, files and data bases. This warranty supersedes all warranty disclaimers
or limitations,and all limitations on liability,otherwise provided by the Contractor.
Upon request by the City, the Consultant will provide the City with a description of its Year 2000
compliance strategy,or statement of why this is not relevant to contract performance.
.18. Contract Assignment. Consultant shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
ATTACHMENT 4-
19. Termination. If, during the term of the contract, the City determines that Consultant is not faithfully
abiding by any term or condition contained herein, the City may notify Consultant in writing of such
defect or failure to perform; which notice must give Consultant a 10 (ten) calendar day notice of time
thereafter in which to perform said work or cure the deficiency.
If Consultant has not performed the work or cured the deficiency within the ten days specified in the
notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to Consultant to said effect. Thereafter, neither party shall have any
further duties, obligations,responsibilities, or rights under the contract.
In said event, Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination,
minus any offset from such payment representing the City's damages from such breach. "Reasonable
value" includes fees or charges for goods or services as of the last milestone or task satisfactorily
delivered or completed by Consultant as may be set forth in the Agreement payment schedule;
compensation for any other work, services or goods performed or provided by Consultant shall be based
solely on the City's assessment of the value of the work-in-progress in completing the overall
workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall Consultant be entitled to receive in excess of the
compensation quoted in its proposal.
20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in
possession of Consultant as part of the work or services under these specifications shall become the
permanent property of the City, and shall be delivered to the City upon demand.
21. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by Consultant as part of the work or services under these specifications shall
be the property of City,and shall not be made available to any individual or organization by Consultant
without the prior written approval of the City .
22. Copies of Reports and Information. If the City requests additional copies of reports, drawings;
specifications, or any other material in addition to what Consultant is required to furnish in limited
quantities as part of the work or services under these specifications, Consultant shall provide such
additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of
such copies at the Consultant's direct expense.
23. Required Deliverable Products. Consultant will provide:
a. Seven color copies of the final design options which address all elements of the workscope.
Any draft documents or materials provided by Consultant will be reviewed by City staff and,
where necessary, Consultant will respond to staff comments and make such changes as deemed
appropriate.
b. One camera-ready original,unbound, each page printed on only one side,including any original
graphics in place and scaled to size,ready for reproduction.
C. When computers have been used to produce materials submitted to the City as a part of the
workscope, Consultant must provide the corresponding computer files to the City, compatible
with the following programs whenever possible:
ATTACHMENT
• Word Processing Word
• Spreadsheets Excel
• Desktop Publishing Coreldraw,Pagemaker
• Computer Aided Drafting(CAD) Autocad
Computer files must be on 32", high-density, write-protected diskettes,.formatted for use on
IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the
directory.
24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is
attendance. by the Consultant at one public meeting to present and discuss its findings and
recommendations. Consultant shall attend as many "working" meetings with staff as necessary in
performing workscope tasks.
25. Insurance. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to'property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, representatives; employees, or sub-
contractors.
a. Minimum scope of insurance. Coverage shall be at least as broad as:
• Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001),
• Insurance Services Office form number CA. 0001 (Ed. 1/87) covering Automobile
Liability,code 1 (any auto).
• Workers' Compensation insurance as required by the State of California and
Employers Liability Insurance.
•
Errors and Omissions Liability insurance as appropriate to Consultant's profession.
b. Minimum limits of insurance. Consultant shall maintain limits no less than:
• General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit.
• Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
• Employers Liability: $1,000,000 per accident for bodily injury or disease.
• Errors and Omissions Liability: $1,000,000 per occurrence.
C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City,either: the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or Consultant shall procure a bond guaranteeing payment
of losses and related investigations,claim administration and defense expenses.
CST'
- ATTACHMENT
d. Other insurance provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain,the following provisions:
• The City, its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of
Consultant; products and completed operations of Consultant; premises owned,
occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers,official,employees,agents or volunteers.
• For any claims related to this project, Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, agents or volunteers shall be excess of Consultant's insurance and shall not
contribute with it..
• Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials,employees,agents or volunteers.
• Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought,except with respect to the limits of the insurer's liability.
• Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested,has been given to the City.
e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than ANLL
f. Verification of coverage. Consultant shall furnish the City with a certificate of insurance
showing maintenance of the required insurance coverage. Original endorsements effecting
general liability and automobile liability coverage required by this clause must also be
provided. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by the City before
work commences.
C� � 19