City of bellevue construction projects

Engineering Assignment

1. For the City of RPV, City of Bellevue, and Excerpts from a Typical Construction Contract:

Determine the standard of care (SOC) required by each contract. Identify the section of the contract that defines the SOC. Is this standard of care heightened as compared to the ordinary professional standard of care? Explain your response.

2. Identify the section(s) of the Bellevue Youth Center Expansion Professional Services Agreement that deal with the following contract terms and conditions and prepare an explanation on your understanding if this clause as written would be acceptable or unacceptable and why:

Scope Changes
Contract Termination
Legal Action
Personnel
Negligence/Indemnification
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Part 2 - In-Class Exercise Preparation

Read the scenario below and then study the contract.

You are the CEO for Inland Architects. You firm is well established in Southern California and has a reputation as providing high quality work. Your rates reflect this high quality; they’re above the average rate in the area but they’re not exorbitant.

This is your first significant opportunity to work for a major telecom company. You would really like to close this deal. You believe that this contract could be a stepping stone to other lucrative telecom work. You’ve heard Big Corp is a tough negotiator and seldom gives much on their end of negotiations. You’re willing to accept more risk than you normally would to get this opportunity, but you’ll walk if Big Corp comes in and says “Take it or leave it,” you’ll leave it. You’re not going to sign a bad contract just to get the work.

You’ve decided to focus on your top 3 to 4 concerns. If you can get some movement from Big Corp on these concerns, you can make this contract work. Bottom-line: you don’t have to have it all your way, but you won’t mortgage the farm for this contract.

Read the contract and identify the 3 to 4 areas in which you most want changes from Big Corp. For each area decide what changes would make the contract acceptable to you. Come with written notes, or you won’t be effective in the negotiations.

1. What clauses in the contracts deal with standard of care? Is the required standard of care stated in the contract greater than the ordinary professional standard of care? Which statements from the contract support your view?

2. If you were representing Inland Architects, would you sign this contract as written? If not what paragraphs would you object to?

3. For each paragraph you identified in (2), explain how much you would give up at the Big Corp representative in order to reach an agreement with Inland Architects.

Bellevue Youth Theater Expansion • 167

City of Bellevue, Washington, “Bellevue Youth Th eater Expansion.” Copyright © in the public domain.

RFP #07-123 Bellevue Youth Th eatre Expansion

City of Bellevue Proposal Information: Submit Proposals To:

Proposal Number: RFP #07-123 City of Bellevue Service First Desk 1st fl oor Attn: Contracting Services 450 – 110th Ave NE Bellevue, WA 98009-9012

Proposal Name: Bellevue Youth Th eatre Expansion

Date Issued: May 15, 2007

Contact Person: Ken Kroeger, Project Manager

Email: kkroeger@bellevuewa.gov CLEARLY MARK ENVELOPE WITH “RFP #07-123”Proposals Due: May 31, 2007 2:00 PM

General Information: Th e City of Bellevue (City) is located three miles east of Seattle, between Lake Washington and Lake Sammamish, and about ten miles west of the foothills of the Cascade Mountains. Th e City’s resident population of ~117,000 and daily workforce of ~121,000 make it Washington’s fi fth-largest city. Bellevue is a prosperous, increasingly diverse city that has evolved from a “bedroom community” into the economic and cultural hub of the Seattle area’s Eastside. Th e City has developed its downtown core into a major business and retail center while maintaining the safe, comfortable family neighborhoods for which it has long been popular.

Th e Parks & Community Services Department is dedicated to providing a healthy community through an in- tegrated system of exceptional parks, open space, recreation, cultural and human services programs. Bellevue’s nationally-accredited Parks & Community Services Department won the 2005 National Gold Medal Award for Excellence in Park and Recreation Management. NOTICE: Notice is hereby given that proposals will be received by the City of Bellevue, Washington, for RFP #07-123: Bellevue Youth Th eatre Expansion by fi ling with the City at the above location.

PURPOSE: Bellevue Parks & Community Services Department (Parks) is soliciting requests for proposals from qualifi ed fi rms to provide design and engineering services for the renovation and expansion of the Bellevue Youth Th eatre (BYT).

Bellevue Youth Theater Expansion

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BRIEF SCOPE OF SERVICES (Additional Detail listed in Attachment “A”): Th e BYT project will require the consulting team to work closely with City Staff and the BYT Advisory Board in order to complete the program analysis, verify space requirements, and develop potential phasing strategies. Th e project will include schematic, design development, construction documentation, bidding, and construction administration phases. In addition, a public outreach process to solicit and distribute information to the immediate neighborhood and greater community at large will need to be included.

QUALIFICATIONS: Th e proposed Scope of Work to include all work needed to fully address the design, permitting, marketing, and construction of the Bellevue Youth Th eatre renovation and expansion. Team expertise shall include, but not be limited to:

• Knowledge of Th eatre Design and Construction • Public Outreach and Presentation(s) • Marketing/Graphic Illustration • Site and Building documentation/“as-built” (documentation of existing conditions) • Architecture and Site Design • Engineering (Civil, Mechanical, Electrical, Plumbing, Traffi c, and Structural) • Construction and Bid Documentation (including Cost and Construction Estimating) • Knowledge of relevant Building and Site Codes • Knowledge of COB and other associated Permit Requirements • Knowledge of Public Bidding Requirements • Value Engineering • Construction Administration, including, Project Closeout and “As-Built” coordination

SUBMITTAL REQUIREMENTS: Th ree (3) bound-completed proposals, one (1) unbound completed pro- posal, and one (1) .pdf format electronic fi le (on a readable CD) must be received by the date and time listed. No more than 25 pages, double-sided, will be accepted. Th e City, at its discretion, may make additional copies of the proposal for the purpose of evaluation only. Th e original proposal will include original signatures, in ink, by authorized personnel, on all documents that require an authorized signature. Proposals shall be bound (8.5”x11”) such that they lay fl at when opened.

SIGNATURES: Proposals shall be signed by one of the legally authorized offi cers of said corporation. If awarded the contract, the Contract shall also be so executed.

QUESTIONS: Upon release of this RFP, all vendor communications should be directed in writing via e-mail to the Project Manager listed below. Unauthorized contact regarding this RFP with other City employees may result in disqualifi cation. Any oral communications will be considered unoffi cial and non-binding on the City. Questions should be e-mailed no later than 5pm, Th ursday, May 24th. Questions and answers will be sent electronically, and posted on the City’s website no later than Tuesday, May 29th. Th e Project Manager for this RFP will be:

Name: Ken Kroeger—Project Manager Address: City of Bellevue—Parks & Community Services Department 450 – 110th Ave NE Bellevue, WA 98004 E-mail: kkroeger@ bellevuewa.gov

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EVALUATION CRITERIA & PROCESS: Th e objective is to select the vendor most qualifi ed to provide the services outlined in this request. Evaluations will be based on the criteria listed below, which may be weighted as deemed appropriate by the review team/panel. All proposals will be evaluated using the same criteria:

Responsiveness, Quality, and Completeness of Proposal • Are all the forms completed and everything included that was required by the RFP • Th e quality of written material and presentation, relevant experience, answers to questions, and

overall organization • Clarity of responses

Experience/Qualifi cations/Creativity • Experience working within the requested services arena • Experience working with municipalities • Ability to successfully complete the scope of services on time and within budget • Ability to successfully work with City staff • References • Does the selected team have proven capability to deliver strong and innovative solutions

that respond to key issues (Demonstrate capabilities in proposals)

Scope of Services • Does the vendor understand what it will take to successfully achieve the goals and objectives of

the requested services • Did the vendor propose any revisions and/or changes to the Scope of Services that would better

serve the City

Communication • Vendor’s ability to conduct public outreach meetings and solicit input • Vendor’s ability to communicate ideas, reports, and vision(s) in a clear and concise format • Success of the project will rely on input from the community and from potential partners—how

is this feedback incorporated into the process and fi nal product

Qualifi cations of Key Individuals • What personnel will be committed to this project and how are they uniquely suited for this

project

After the proposals are evaluated, the City will determine whether formal presentations and interviews are necessary, and if so, which vendors may be invited to make a formal presentation and/or sit for a panel interview. Th e City may choose not to conduct formal presentations or interviews. Th e City may choose to contact offi cials from other jurisdictions regarding the vendor, their prior work experience and their ability to successfully complete the scope of services. Th e City may request clarifi cation or additional information from a specifi c vendor in order to assist in the City’s evaluation of a proposal. Finally, the City may require changes in the scope of services as deemed necessary by the City, before execution of the contract.

REJECTION OF PROPOSALS: Th e City reserves the right to reject any and all Proposals and to waive irregularities and informalities in the submittal and evaluation process. Th is RFP does not obligate the City to pay any costs incurred by respondents in the preparation and submission of their Proposals. Furthermore, the RFP does not obligate the city to accept or contract for any expressed or implied services.

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CONTRACT AWARD: Th e City reserves the right to make an award without further discussion of the submittals. Th e Vendor selected as the apparently successful Vendor will be expected to enter into a contract with the City. A sample City contract is provided on the City’s website at www.bellevuewa.gov. To view a PDF version of the sample contract document click on “Find”, then click “Bid Information” and select “Professional Services Contract”. Please review this contract prior to submitting a Proposal. Following consultant selection, the successful vendor shall prepare a proposal and scope of work for review by the City. Once the City and vendor have reached an agreement on the scope of services, a fi nal contract will be prepared by the City. Th e foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during the negotiations of the fi nal contract. If the selected vendor fails to sign the contract within ten (10) business days of delivery of the fi nal contract, the City may elect to negotiate a contract with the next-highest ranked vendor. Th e City shall not be bound, or in any way obligated, until both parties have executed a contract. No party may incur any chargeable costs prior to the execution of the fi nal contract.

Th e City reserves the right to award multiple contracts to multiple vendors for this scope of service if it is in the best interest of the City.

CONTRACT NEGOTIATION: Th e City reserves the right to negotiate all elements of the submittals, pro- posals, terms and conditions, and/or scope of services as part of the contract negotiation process prior to any formal authorization of the contract by the City. All parties understand that if any adjustments are made to the original scope as a result of contract negotiations, a resulting change in price/cost may be necessary.

EQUAL OPPORTUNITY EMPLOYMENT: Th e successful vendor or vendors must comply with the City of Bellevue equal opportunity requirements. Th e City of Bellevue is committed to a program of equal employ- ment opportunity regardless of race, color, creed, sex, age, nationality or disability.

TITLE VI: It is the City of Bellevue’s policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefi ts of, or be otherwise discriminated against under any of its federally funded programs and activities.

INSURANCE REQUIREMENTS: Th e selected vendor or vendors shall maintain insurance that is suffi cient to protect the Vendor’s business against all applicable risks, as set forth in the City’s Standard Insurance Requirements (attached to this document): Attachment “B”, plus the “Special Rider” for professional li- ability. Please review insurance requirements prior to submitting your proposal. If selected vendor is unable to meet these standard requirements, please note current or proposed insurance coverages in submittal. Standard requirements may be negotiated if it is in the best interest of the City.

BUSINESS REGISTRATION AND TAXATION: Th e vendor or vendors awarded the contract will be sub- ject to City of Bellevue Business Registration and Business Taxation as presented in the Bellevue City Code. Questions about the city’s Business and Occupation (B&O) tax should be directed to the City’s Tax offi ce at 425-452-6851. Th e vendor awarded the contract will be subject to City of Bellevue business registration and business taxation as provide in Chapters 4.20 and 4.08 of the Bellevue City Code (for details call the City Tax offi ce at 425-452-6851).

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NON-ENDORSEMENT: As a result of the selection of a vendor to supply products and/or services to the City, vendor agrees to make no reference to the City in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City.

NON-COLLUSION: Submittal and signature of a proposal swears that the document is genuine and not a sham or collusive, and not made in the interest of any person not named, and that the vendor has not induced or solicited others to submit a sham off er, or to refrain from proposing.

COMPLIANCE WITH LAWS AND REGULATIONS: In addition to nondiscrimination and affi rmative action compliance requirements previously listed, the vendor or vendors ultimately awarded a contract shall comply with federal, state and local laws, statutes and ordinances relative to the execution of the work. Th is requirement includes, but is not limited to, protection of public and employee safety and health; environmental protection; waste reduction and recycling; the protection of natural resources; permits; fees; taxes; and similar subjects.

PUBLIC RECORDS: Under Washington state law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproduc- tions thereof) submitted in response to this RFP (the “documents”) become a public record upon submission to the city, subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specifi c provision of law. If the city receives a request for inspection or copying of any such documents it will promptly notify the person submitting the documents to the city (by U.S. mail and by fax if the person has provided a fax number) and upon the written request of such person, received by the city within fi ve (5) days of the mailing of such notice, will postpone disclosure of the documents for a reason- able period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of the documents. Th e City assumes no contractual obligation to enforce any exemption.

SUBMITTAL REQUIREMENTS: Th e following shall be addressed as a minimum, with sections tabbed with numbers as follows:

1. Introductory Letter: • Stating your interest in the project • How your fi rm’s expertise is demonstrated by previous experience • A clear and concise response as to why your fi rm should be selected for this scope of work—recent

professional experience, including work with public sector clients and applicable projects 2. Firm information:

• Firm name, address, phone, fax, and contact information • Identify individual(s) your fi rm might assign as lead or project manager and a listing of the team

members who will actually be assigned to perform substantial amounts of the work on this project, with a statement of their qualifi cations (resume and experience record for each person, including years of experience, education, and anticipated amount of time each will actually work on this project)

3. A minimum of three (3) local references with full name, title, address, email, phone, and fax number 4. Subconsultant experience:

• Identify by discipline, any subconsultant fi rm(s)—Firm name, address, phone, fax, and • contact information • Include each proposed subconsultant(s)’s experience and qualifi cations as described • above for fi rm’s personnel.

5. Briefl y answer the following as part of the proposal: • What makes your fi rm uniquely qualifi ed for this project?

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• Include a statement of your design aesthetic or approach • What values or benefi ts do you bring to the process that diff erentiates you from the other candidates? • What experiences (good and bad) on other projects would help you make this project a success for

everyone involved? • Describe the process/system you would implement to produce a team or “partnering” relationship

among those involved with the project, specifi cally with regard to interaction with Parks staff , the BYT Advisory Board, and the public.

• Identify/inform the project deliverables and task list for this project, beyond those listed in Attachment A.

• Include an overall project schedule for completion • If you could have any “super power” what would it be? What would you use your power for? Why?

Submittals will not be returned.

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ATTACHMENT A

PROJECT INFORMATION & SCOPE: Th e proposed scope of work for the Bellevue Youth Th eatre will require a value-added, budget conscious, transparent, and understandable design process that informs and coordinates programming, construction, maintenance, budget, and implementation timeline decisions.

BACKGROUND: Bellevue Youth Th eatre at Ivanhoe Park Bellevue Youth Th eatre’s mission is to provide opportunities in performing arts for all young people, regardless of income or ability, and allow these young people to perform before a live audience, to provide the community with quality productions which are entertaining and/or socially relevant for the entire family.

Bellevue Youth Th eatre is a non-traditional recreation theatre program, uniquely designed to embrace young people from all backgrounds and abilities. Bellevue Youth Th eatre puts every interested participant on stage. Every child is given an important role to play and no child is turned away—the youth and their experience are more important. Th is results in an environment that promotes self-esteem and is attractive to youth who may not have the fi nancial means or ability to be involved in other theatre programs.

Th e Th eatre attracts youth who want to be part of a quality theatre program while enjoying the company of their peers. Th e Th eatre also provides a supportive environment for parents who want to remain involved in their children’s activities. Many parents help with the technical phase of productions or even act with their children.

Bellevue Youth Th eatre started as an outreach program at Crossroads Community Center in 1990. Th e pro- gram, originally named Crossroads Youth Th eatre, grew with the addition of a multipurpose theatre space in 1992. In 2001, the City renovated the Ivanhoe Elementary School site for the 110 seat black box theatre. Th e renovation to the 6,100 SF facility included the main black box theatre space, restroom upgrade, lobby and staff /ticket offi ce, mechanical spaces, green room, and other storage/miscellaneous spaces. Th e adjacent 3,500 SF ‘annex’ building currently houses Bellevue School District storage and a small BYT costume storage space.

In 2004, a new comprehensive business plan and a new name, Bellevue Youth Th eatre was introduced, and along with the formation of the Bellevue Youth Th eatre Academy, a new phase was begun for the BYT. However, the BYT has now reached its space capacity and the ability for the programs to grow is limited.

Park staff conducted a series of charettes with the BYT Board to identify the needs of the theatre. Th ese charettes evaluated the existing theatre for current program areas, perceived successful and problematic areas, future growth options, and anticipated development costs. Th e initial fi ndings determined that the BYT needs signifi cant upgrades to improve safety and security and match Bellevue service standards, including: expanded restrooms, increased lobby space, additional secured dressing rooms (for various ages and gender), and im- proved parking and lighting. Additionally, the BYT needs to be expanded to meet the increasing demand for programs—more rehearsal and classroom space, secured staff and volunteer offi ces, as well as critical storage is needed (see Attachment D—Concept Plans and Program).

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Th e BYT Foundation supports this project in order to create capacity to continue growth of this successful program, to protect the theatre’s mission of inclusiveness, to bring the theatre up to standards expected of Bellevue Parks’ facilities, to fulfi ll the BYT Business Plan strategy for expansion, and to demonstrate eff ective- ness of City/Community partnership in the long range vision for Bellevue. Th e expansion has been estimated to be $2.5 to $3.5 million and will allow the BYT to continue to serve the community for many years to come.

PUBLIC OUTREACH: A public involvement process will be required as part of the scope of work. Th e City will assist in the organization, however, the overall coordination and documentation will fall within the contracted scope of work.

Th e design team is expected to participate in a minimum of one (1) public meeting to relay general information to the community and solicit input, a minimum of two (2) meetings to inform and seek input from the BYT Board. Additionally, the team may be asked to present to the City’s Park & Community Services Board. Any additional outreach meetings beyond this minimum will be determined by the City.

PROGRAMMING: Th is step will assist to address the opportunities, constraints, and benefi ts of the existing facility and how the newly identifi ed program requirements will aff ect the current use. Th is will assist to verify square footage of the size and arrangement of the spaces: storage, instructional opportunities, recreational com- ponents, and other requirements. Additionally, the team will need to work with the City and BYT members to review and identify how the conceptual components of the BYT expansion will be structured:

• Potential programming confl icts (site and building) to be included for analysis • Potential code issues and recommendations • How the individual Programmatic elements eff ect the current programming and existing structures • Schedule/timeline showing when major milestones for tasks and subtasks will be completed

PLANNING/DESIGN: Th e planning and design phases will include all diagramming and documentation, and will incorporate recommendations received from City staff , the community, and/or the BYT Board, through construction documentation. Initial building strategies have been identifi ed, and will be used as a basis for design (see Attachment D—Concept Plans and Program).

Th is stage will need to identify the critical components of the BAC and address: • How the individual programmatic elements eff ect the existing facility and site • Code requirements and potential permit confl icts and constraints • Cost estimating • Marketing strategies and analysis, including various conceptual illustrations and marketing tools

Conceptual design documents will need to include, at a minimum: written program; site and building diagrams and graphic presentations containing design objectives, space requirements, relationships, site conditions, perspective sketches/renderings, computer modeling, and/or a combination of these media; potential traffi c study and concerns; code requirements and potential confl icts; and preliminary construction and operational estimates. Th ese estimates will be divided into specifi c program components/features which can be added or deleted from the conceptual complex.

Tasks associated with the development of the design include, but are not limited to:

Task 1 – Contract Scope Goal: Defi ne and agree to a Scope of Work.

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Bellevue Youth Theater Expansion • 175

Approach: Draft Scope for review by the Parks Department. Final Scope of Work will incorporate Parks’ comments and direction, and inform the Professional Services Contract.

Assumptions: Parks will review and provide input to complete the Final Scope of Work.

Deliverables: Draft and Final Scope of Work, and executed Professional Services Contract with insur- ance requirements.

Task 2 – Program Review and Development Goal: Assist Parks and BYT Board in determining the appropriate programming, space, and relational qualities for optimum theatre programming and use.

Approach: Conduct on-site walk-through(s)/meeting(s) with Parks Staff to evaluate the site(s), and op- portunities for the design(s).

Assumptions. Prepare site walk-through, meeting agenda and necessary data for review. Conduct and summarize the working session. No current complete as-built documents exist for the theatre or auxiliary building.

Deliverables: Recommendations for fi nal program and site walk-through agenda and minutes. Complete documentation and survey of existing facility and site condition.

Task 3 – Schematic Design Goal: Develop multiple schematic design options refl ecting desired programming and potential budget. Include options for development and expansion to include: the demolition of the annex building; demo of existing theatre and annex; and those options identifi ed from the BYT design charette.

Approach: Create appropriate design(s) for the theatre expansion, addressing prioritized amenities, cost constraints and coordination of existing conditions for an integrated layout. Participate in public outreach meeting(s) with Parks staff to evaluate the design.

Assumptions: Prepare site walk-through, agenda and necessary data, drawings for review. Attend an open house, conduct and summarize the working sessions.

Deliverables: Recommendations for fi nal design, public meeting(s) agenda(s)/minutes, cost estimates to be submitted for review by COB and BYT at 50% and 90% completion of schematic design.

Task 4 – Design Development Goal: Refi ne the preferred schematic design option refl ecting the desired programming, as well as, work- ing with the project budget constraints—develop and expand the schematic design documents relating to form, size, and appearance of the project. It includes specifi c structural, mechanical and electrical systems, and interior design. Provide options for material(s) selection and begin the development of the Project Specifi cations—Outline specifi cation, itemized lists and identifi cation of signifi cant materials, systems, and equipment (CSI format with COB front end coordination). Review and update the previ- ously established schedule. Refi ne previous SD estimate based on adjustments made during the design development phase.

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Approach: Create an appropriate design for the theatre expansion, addressing prioritized amenities, cost constraints and coordination of existing conditions for an integrated layout. Participate in public outreach meeting(s), with Parks staff to evaluate the design. All design development services and documentation is presented to the owner for approval.

Assumptions: Prepare meeting(s) agenda and minutes, create and assemble DD drawings and specifi ca- tions for review at 50% and 90% DD, and focus fi nal design strategy.

Deliverables: Final design strategy documentation, CD and Project Manual template, public meeting(s) agenda(s)/minutes, and cost estimates for review by COB at 50% and 90% DD. Final graphic presentation(s) items are to include multiple renderings and 3D model of theatre for anticipated BYT fundraising campaign.

Task 5 – Construction and Bid Documentation Goal: Create a complete construction and bid documentation package, Construction Drawings and Specifi cations (Summary of Work and Technical Specifi cations), and potential Value Engineering for the Bellevue Youth Th eatre expansion. Coordinate with Parks Department to fully integrate City of Bellevue “Front-End” Specifi cations.

Approach: TBD

Assumptions: Parks to review plans and specifi cations at 50% and 90%. Parks to provide City of Bellevue standard “Front-End” specifi cations for inclusion into the contract documents.

Deliverables: Working meeting agenda(s) / minutes, permit and bid-ready plans and specifi cations provided to the City of Bellevue in hard copy and digital format, and cost estimates for 50 and 90% CDs.

Task 6 – Permit Process Goal: Obtain all required permits and approvals for construction.

Approach: Submit the construction documents for permit review to the appropriate agencies. Work with the reviewing agencies and Parks to coordinate any permit comments and required corrections/ modifi cations.

Assumptions: Parks to assist in permit submittal, but is not the lead permit offi cial, reviewer or coordina- tor. Permit fees to be paid by Parks.

Deliverables: All permit documents and revisions as required.

Task 7 – Bid Process Goal: Assist in managing the bid process for the Bellevue Youth Th eatre Expansion.

Assumptions: Th e City of Bellevue Contracting Services and Parks departments will take the lead for the bid, including reproduction of construction documentation.

Approach: Prepare and conduct site walk-through, including agenda and necessary data, drawings for review. Provide all bid clarifi cation/addenda.

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Deliverables: Site walk-through agenda/ minutes, and all bid documents and revisions/addenda as re- quired. Bid Evaluation.

Task 8 – Construction Administration Goal: Coordinate, document, and assist Parks Project Manager with the construction of the Bellevue Youth Th eatre expansion

Approach: Problems are to be identifi ed quickly and corrective action pursued with minimal delay, if any, to the overall project. Part of the information to be developed is weekly progress reports, and other correspondence, as appropriate.

Weekly report, addressing progress of the work, shall include (as appropriate): • A summary of work to date • A summary of actual versus scheduled progress • A list and brief summary of any Change Order Proposals • Digital photo documentation of construction • Tracking and review of all Shop Drawing and other construction related • submittals.

Coordinate project documentation, including the following: • Prepare all necessary project correspondence, letters, memos, meeting minutes, etc., for support

to the project work. Maintain a central fi le for all written materials.

Deliverables: Construction Documents, Weekly Progress Reports, change order proposal logs, shop drawing and submittal logs, as-Built drawings, and project correspondence (as required).

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ATTACHMENT “B”

INSURANCE REQUIREMENTS

Th e Contractor shall procure and maintain for the duration of this Agreement 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 the Contractor, his agents, representatives, employees or subcontractors. Th e cost of such insurance shall be paid by the Contractor. Insurance shall meet or exceed the following unless otherwise approved by the City.

A. Minimum Insurance 1. Commercial General Liability coverage with limits not less than $1,000,000 per occurrence / $2,000,000

annual aggregate, 2. Stop Gap/Employers Liability coverage with limits not less than $1,000,000 per accident/disease, 3. Business Automobile Liability coverage with limits not less than $1,000,000 per accident for any auto, 4. Workers’ Compensation coverage as required by the Industrial Insurance Laws of the State of Washington.

B. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City.

C. Other Provisions

Commercial General Liability policies shall be endorsed to: 1. Include the City, its offi cials, employees and volunteers as insureds, 2. Provide that such insurance shall be primary as respects any insurance or self-insurance maintained by

the City, 3. Each insurance policy shall provide that coverage shall not be canceled except after thirty (30) days’

written notice has been given to the City.

D. Acceptability of Insurers Insurance shall be placed with insurers with a rating acceptable to the City.

E. Verifi cation of Coverage Contractor shall furnish the City with certifi cates of insurance required by this clause. Th e certifi cates are to be received and approved by the City before work commences. Th e City reserves the right to require complete, certifi ed copies of all required insurance policies at any time.

F. Subcontractors Contractor shall require subcontractors to provide coverage which complies with the requirements stated herein.

J:\General Services\Confi dential\ES\attachmentB.doc 9/30/2004

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SPECIAL RIDER

TO

ATTACHMENT ”B”

INSURANCE REQUIREMENTS

for

Professional Service Contracts

Add the following to section A. Minimum Insurance:

1. Consultant’s Errors & Omissions or Professional Liability with limits not less than $1,000,000 per claim and as an annual aggregate.

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City of Rancho Palos Verdes Professional Services Agreement • 185

City of Rancho Palos Verdes, California, “City of Rancho Palos Verdes Professional Services Agreement.” Copyright © in the public domain.

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this __ day of ______, by and between the City of Rancho Palos Verdes hereinafter referred to as “CITY”, and______________________________, hereafter referred to as “CONSULTANT”.

IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows:

ARTICLE 1 SCOPE OF SERVICES

1.1 Project Description 2006 Water Quality and Flood Protection Program Engineering Design Professional Services

1.2 Description of Services CONSULTANT shall perform Services described in CITY’S Request for Proposals (RFP) and the

CONSULTANT’S Proposal, attached here as EXHIBIT “B”.

1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due

diligence the services requested by the CITY and agreed on by CONSULTANT. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT’S work promptly, or delay or faulty performance by CITY, other contractors, or governmental agencies, or any other delays beyond CONSULTANT’S control or without CONSULTANT’S fault.

City of Rancho Palos Verdes Professional Services Agreement

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186 • Role of the Design Professional in Society

ARTICLE 2 COMPENSATION

2.1 Fee (a) CITY agrees to compensate CONSULTANT for services in accordance with the fee schedule that

is attached here as Exhibit “A.” Th e total fee shall not exceed ___________ dollars, except as provided for in 2.1(b).

(b) CITY may request additional specifi ed work under this agreement. All such work must be autho- rized in writing by the Director of Public Works prior to commencement.

2.2 Payment Address All payments due CONSULTANT shall be paid to: Name of the company Address

2.3 Terms of Compensation CONSULTANT will submit invoices monthly for the percentage of work completed in the previous

month. CITY agrees to pay all undisputed invoice amounts within thirty (30) days of receipt of the invoice. CITY agrees to use its best eff orts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY’s failure to timely notify CONSULTANT of a disputed amount of claimed completion percentage shall not be deemed a waiver of CITY’s right to challenge such amount or percentage.

Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-fi ve (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice.

2.4 Additional Services CITY may request in writing that CONSULTANT perform additional services not covered by the

specifi c Scope of Work set forth in this Agreement, and CONSULTANT shall perform such services and will be paid for such additional services in accordance with CONSULTANT’S Standard Schedule of Hourly Rates.

ARTICLE 3 INDEMNIFICATION AND INSURANCE

3.1 Indemnifi cation CONSULTANT will defend, indemnify and hold harmless CITY, its Boards and its offi cers, em-

ployees and agents (collectively “CITY”), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of CONSULTANT, its agents, offi cers, directors or employees, in performing any of the services under this Agreement.

3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full

force and eff ect, a policy or policies of Commercial General Liability Insurance, with minimum limits of two Million ($2,000,000.00) Dollars for each occurrence and in the aggregate, combined single limit, against any

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City of Rancho Palos Verdes Professional Services Agreement • 187

personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best’s Insurance Guide with a rating of A VII or better.

3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in

full force and eff ect a policy or policies of professional liability insurance with a minimum limit of two million ($2,000,000.00) dollars. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best’s Insurance Guide with a rating of A VII or better.

3.4 Worker’s Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under

this Agreement worker’s compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees.

3.5 Notice of Cancellation A. All insurance policies shall provide that the insurance coverage shall not be canceled by the insur-

ance carrier without thirty-(30) day’s prior written notice to CITY. CONSULTANT agrees that it will not cancel or reduce said insurance coverage.

B. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and eff ect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.

3.6 Certifi cate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on fi le with the CITY

Clerk certifi cates of insurance showing that the aforesaid policies are in eff ect in the required amounts. Th e commercial general liability and professional liability policy or policies shall contain endorsements naming the CITY, its offi cers, agents and employees as additional insured.

3.7 Primary Coverage Th e insurance provided by CONSULTANT shall be primary to any coverage available to city. Th e

insurance policies (other than workers’ compensation and professional liability) shall include provisions for waiver of subrogation.

ARTICLE 4 TERMINATION

4.1 Termination of Agreement (a) Th is Agreement may be terminated at any time, with or without cause, by either party upon

sixty-(60) day’s prior written notice. Notice shall be deemed served upon deposit in the United States Mail of a certifi ed or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article 6.12.

(b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work done in

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accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the eff ective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in Article 2.1.

ARTICLE 5 OWNERSHIP OF DOCUMENTS

5.1 Ownership of Documents and Work Product All plans, specifi cations, reports and other design documents prepared by CONSULTANT pursuant

to this Agreement are instruments of service, which shall be deemed the property of the CITY. CITY acknowl- edges and agrees that all plans, specifi cations, reports and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this Project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the reuse or other use of the plans, specifi cations, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such reuse or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifi cations, reports and other design documents. If a document is prepared by CONSULTANT on a computer, CONSULTANT shall prepare such document in a Microsoft® Word 97 SR-2 or lower format; in addition, CONSULTANT shall provide CITY with said document both in a printed format and on a three and one-half inch (3 1/2”) fl oppy diskette.

ARTICLE 6 GENERAL PROVISIONS

6.1 Representation A CITY representative shall be designated by the City Manager and a CONSULTANT representative

shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement.

6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions

of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. § 11200, et seq.).

6.3 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to

perform CONSULTANT’s services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable eff orts to maintain the continuity of CONSULTANT’s staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ

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City of Rancho Palos Verdes Professional Services Agreement • 189

associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services.

6.4 Confl icts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this

Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT “fi nancially interested” (as provided in California Government Code Section 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement.

6.5 Legal Action (a) Should either party to this Agreement bring legal action against the other, the case shall be brought

in a court of competent jurisdiction in Los Angeles County, California, and the party prevailing in such action shall be entitled to recover its costs of litigation, including reasonable attorneys’ fee which shall be fi xed by the judge hearing the case and such fee shall be included in the judgment.

(b) Should any legal action about the Project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in eff ect at the time of such testimony.