HomeMy WebLinkAboutAGENDA REPORT 2007 0919 CC REG ITEM 09E rrEM 9 . E.
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MOORPARK CITY COUNCIL AC*nON-
AGENDA REPORT
BY:—
TO: Honorable City Council
FROM: Mary K. Lindley, Parks, Recreation, & Community Services Director '
BY: Jennifer Mellon, Senior Management Analyse
DATE: September 4, 2007 (Meeting of September 19, 2007)
SUBJECT: Consider Approval of Arts Commission Recommendation to Proceed
with Community Works Design Group for the Design of the Moorpark
Veteran's Memorial Project
BACKGROUND
With the adoption of the FY 2006/07 budget, the City Council allocated $400,000 for the
design and construction of the Veteran's Memorial. The funds were carried over to the
FY 2007/08 budget.
On April 18, 2007, Council approved execution of agreements with Community Works
Design Group (CWDG) and Campbell and Campbell (C&C) for the preparation of
conceptual design proposals for the Veteran's Memorial Project. The two consultants
were selected as semi-finalists and were awarded $1,000 to prepare draft conceptual
designs and to make presentations to the City's Arts Commission. Both consultants are
landscape architect firms with experience designing public memorials.
DISCUSSION
A special meeting of the Arts Commission was held on July 17, 2007, at which time
each consultant independently presented their conceptual design as well as discussed
their approach to the project and philosophy on how they would make the project a
unique Moorpark Memorial. Each consultant was asked a set of questions to answer
during their presentations regarding related experience, the public input process, project
timelines, and ability to work within the project budget. Under separate cover, the
Council has been provided with the presentation packets presented by the consultants
containing their draft conceptual plans.
The Arts Commission was charged with recommending selection of the consultant
whom they felt would be the best fit for the Veteran's Memorial Project. Commissioners
were specifically instructed not to focus solely on the design, but rather to evaluate
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Honorable City Council
September 19, 2007
Page 2
relevant work experience, philosophy, and unique vision of the elements contained in
the conceptual designs. The Commissioners were also requested to factor in each
consultants consistency with the parameters provided by the City. The Commissioners
were informed they would be given an opportunity to recommend design changes,
along with the Council, staff and the public, once the project finalist was approved. After
discussing the presentations and sharing their individual views and comments, the Arts
Commission voted 3-2 in favor of recommending Community Works Design Group
(CWDG) as the finalist for the design of the Veteran's Memorial Project. Attachment A
is the conceptual plan submitted by CWDG. Please keep in mind that the conceptual
design will undergo changes as it proceeds through the public input phase.
CWDG, has designed three park projects for the City: Arroyo Vista Community Park
(AVCP) Phase I, AVCP Phase II, and Poindexter Park. Staff's working relationship with
CWDG is a positive one. CWDG submitted a proposal for Veteran's Memorial design
services at a cost not to exceed $53,450. The scope of work includes: public input
process in the form of a workshop; development of a conceptual plan; identification of
plant and hardscape materials; construction design and specifications; assistance with
the bid process and proposal review; and construction management assistance
(Attachment B).
Pending the Council's approval, staff plans to set a special meeting of the Arts
Commission to solicit design input. Staff's intent is to heavily publicize the meeting,
inviting local veterans as well as the general public. The Commission meeting will be
set in an informal setting to better facilitate discussion and input. Based on the
recommendation of the Commission and input from the public and staff, the architect
will be asked to revise the conceptual design for a final presentation to the Arts
Commission. The Commission's final conceptual design recommendation will then be
presented to the City Council for consideration.
STAFF RECOMMENDATION
Award an agreement to Community Works Design Group for the design of the Veteran's
Memorial Project subject to final language approval by City Manager and City Attorney,
authorize the City Manager to execute an agreement at a cost not to exceed $53,450.
Attachment A — Draft Conceptual Plan
Attachment B — CWDG Design Proposal
Attachment C — Draft Agreement
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ATTACHMENT B
SCOPE OF SERVICES
ARCHITECT'S PROPOSAL
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VETERAN'S MEMORIAL July 24, 2007
SCOPE OF WORK
Services provided by the CWDG design team for the project will reflect City and community expectations.
We will review the existing site conditions and other information with the City staff and the Veterans
Committee prior to beginning our work. It will be our policy to stay in close communication with the City
and encourage participation. We feel that much information is to be gained by this interaction and that many
problems can be eliminated by doing so.
PHASE I-PREPARATION OF WORK PLAN/MATERIAL COLLECTION/CONCEPTUAL PLANNING:
1. We will conduct a pre-design conference meeting with the City's Project Team and various
groups and committees as requested by the City to discuss project objectives, project
schedule, parameters and budget factors.
2. We will conduct a thorough physical inspection of the project site and collect all data
regarding existing improvements,facilities,and utilities. We will coordinate a topographic
map and geologic soils test of the project site.
3. At the City's request we will hold a minimum of two publicized public design workshops
to solicit input regarding the design of the memorial. We will review the existing conditions
and review the concept prepared as a starting point. We will solicit input regarding the
design and review suggestions and recommendations for additions, deletions and
modifications. Included in the design development will be design and placement of the
entry features, plant materials, hardscape features, lighting, water features, etc.
4. After the public input,the design will be refined and presented to the City staff,Committees,
Council and community for final approval. The design will be high quality and within
budget based on the approved concept, which utilizes a combination of durable materials,
design,drought and frost tolerant plant material and hardscape requiring minimal water and
low maintenance.
5. We will prepare a preliminary construction cost estimate for review and any cost estimates
for alternatives the City may wish to pursue.
6. Upon staff and community approval of the conceptual design and with all base and site
information compiled, we will prepare base maps at the required scale with reductions
provided.
PHASE II AND PHASE III-DESIGN AND FINAL DESIGN:
1. There will be two phases of the Construction Document Phase. The first phase will include
the Design Development, in which we will bring the drawings to approximately 50%
completion. Plans at this stage will outline all hardscape elements,layout irrigation heads,
lighting and indicate major planting concepts. These plans will be turned over to the City
of Moorpark for review in order to determine any final adjustments prior to working out
details and beginning specifications. Once approved, our office will continue on the
Construction Documents until 100% complete, where they will be turned over to the City
as required for final reviews.
a. CONSTRUCTION DRAWINGS: Construction Drawings will include the
construction layout plan including hardscape treatments,decorative walls,sculptur
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VETERAN'S MEMORIAL July 24,2007
pieces, art work, fine grading plans and miscellaneous construction items/details,
(will locate by dimensioning all project elements as approved in the Master Plan).
b. IRRIGATION PLANS: We will prepare complete irrigation plans.Meter,main line
lateral lines and all other elements of the system will be designed to carry optimum
amounts of water to irrigate the sites. Full detailing of all equipment will be
included. Vandal resistance, durability, serviceability, reliability, water
conservation and efficiency will be our primary concerns.
C. ELECTRICAL PLANS: Donn C. Gilmore & Associates will prepare complete
Electrical Plans with all necessary details for the lighting of the memorial and to
provide pump power and controls (if required).
d. PLANTING PLANS: Complete Planting Plans with all necessary details will be
provided. Plant suitability, maintainability, drought and frost resistance and
consistency with the existing theme will be primary concerns.
e. SPECIFICATIONS: Specifications detailing materials and workmanship for all of
the above items will be provided in the required format.
f. COST ESTIMATES: Final estimates of probable costs will be prepared for review.
g. DOCUMENT PROCESSING: We will submit the documents for City approvals.
We will review documents and make all necessary corrections.
h. APPROVALS: We will submit plans to the City for routing and approval by all
concerned departments in the required format.
2. We will ensure that all plans and specifications are in compliance with all applicable local
requirements and guidelines.
PHASE IV -BID ASSISTANCE:
1. We will apply for and obtain all required approvals for the project.
2. CWDG will be available to assist bidders during the bidding process as required and will
attend the pre-construction meeting. We will provide bid phase services to include
answering questions from prospective bidders,preparation of addenda,pre-bid conference,
participation in bid opening, bid analysis to determine lowest responsible bidder and pre-
construction meeting.
PHASE V -CONSTRUCTION ASSISTANCE:
1. CONTRACT ADMINISTRATION: Community Works Design Group will attend the pre-
bid meeting and respond to bid questions. CWDG will review submittals, prepare design
details for field changes,review shop drawings,material samples,and change orders as well
as provide regular consultation to assist in the resolution of field problems.
2. FIELD OBSERVATION:CWDG will provide field observation services with our staff and
our consultants as requested. Site visits shall be performed at the current hourly rates listed
in Attachment 1. We understand that the City will provide regular construction inspections.
We have included six site visits in our proposal.
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VETERAN'S MEMORIAL July 24,2007
PROJECT TIMING
CWDG will proceed with the project immediately upon receiving approval from the City. The project will
be a primary concern during its course and will be a high priority. We will be able to devote proper attention
to your project. We are large enough to complete the project on schedule,yet small enough that it will not
become lost in the shuffle. CWDG will be available to the City during all phases of the contract,from design
through construction.
We have outlined our proposed schedule for completion of the,project below:
TASK I: Initial Review/Mapping/Conceptual Planning . . . . . . . . . . . . . . . . . . . . . 8 weeks
TASK II& III: Construction Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 weeks
TASK IV: Bidding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 weeks
TASK V: Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 weeks
Our reputation is built on our timely completion of contractual obligations and our ability to meet our clients'
needs. We take this very seriously and work to maintain promised schedules and obligations.
FEE PROPOSAL
The following is our proposed fee to provide all work mentioned in the Scope of Work outline for the
Veteran's Memorial Project.
Consultant Services Fee
TASK I Mapping, Geotechnical Services and
Conceptual Planning $ 19,790.00
TASK II Design Development $ 11,225.00
TASK III Construction Documents $ 13,455.00
TASK IV Bidding Assistance $ 2,130.00
TASK V Construction Assistance $ 3,350.00
Reimbursables ALLOW $ 3,500.00
$ 53,450.00
A. Provisions of Attachment 1 are an integral part of this proposal as if herein written in full.
B. This proposal expires after 90 days if an agreement for professional services is not fully executed.
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VETERAN'S MEMORIAL July 24,2007
ATTACHMENT - 1
NORMAL HOURLY RATES
Principal Landscape Architect's
time at the fixed rate of: $115.00 per Hour
Landscape Architect's
time at the fixed rate o£ $ 95.00 per Hour
Designer's
time at the fixed rate of: $ 75.00 per Hour
Professional Staffs
time at the fixed rate of: $ 55.00 per Hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15%of the actual cost of
their services for coordination.
REIMBURSABLE ITEMS
Reimbursable items, such as the cost of plotting, graphic reproduction and shipping, at our direct cost plus
15%. Auto travel shall be charged at 45 cents per mile. We have included an estimate of reimbursables in
our fee proposal.
TERMS AND CONDITIONS OF PAYMENT
We will bill in proportion to the percentage of work complete at the time of billing.
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ATTACHMENT C
DRAFT AGREEMENT
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of
2007 by and between the CITY of Moorpark, a municipal
corporation located in the County of Ventura, State of California, hereinafter referred to
as "City" and Community Works Design Group, herein referred to as "Architect".
WITNESSETH
Whereas, City requires certain services to be performed for the preparation of
design plans specifications for the construction of the Moorpark Veteran's Memorial
Project; and
Whereas, Community Works Design Group is experienced in providing such
services and has submitted a Proposal relating thereto; and
Whereas, City wishes to retain Community Works Design Group for the
performance of those services set forth in said Scope of Services set forth below.
NOW, THEREFORE, in consideration of the mutual convents, benefits and
premises herein stated, the parties hereto agree as follows:
CITY does hereby appoint Community Works Design Group in a contractual
capacity to perform certain technical services as set forth herein.
I. Scope of Work
The services to be rendered by Architect shall include the design and plan
specifications for park improvements outlined in the Architect's Proposal, that
serves as the Scope of Service (Exhibit 'A'), attached hereto and made a part of
this Agreement.
II. Compensation
The cost for service supplied pursuant to this Agreement shall be compensated at
a cost not to exceed $53,450.00 (Fifty Three Thousand Four Hundred Fifty
Dollars). Services shall be billed by the Architect to the City for work completed.
The Architect shall not be paid any additional compensation for services unless
approved by the City in writing.
Ill. Termination
This agreement may be terminated with or without cause by City at any time with
no less than 5 days written notice of such termination. In the event of such
termination, Architect shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
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percentage of progress completed at the date of termination.
This agreement may be terminated by Architect only by providing City with written
notice no less than 30 days in advance of such termination.
IV. General Conditions
A. City shall not be called upon to assume any liability for the direct payment of
any salary, wage or other compensation to any person employed by Architect
performing services hereunder for City.
B. Architect is and shall at all times remain as to the City a wholly independent
contractor. Neither the City nor any of its officers, employees, servants or
agents shall have control over the conduct of Architect or any of Architect's
employees or agents, except as herein set forth.
Architect shall not at any time or in any manner represent that it or any of its
officers, employees, servants or agents are in any manner employees of the
City.
C. At the time of 1) termination of this agreement or 2) conclusion of all work; all
original documents, reports, calculations, diskettes, computer files, notes, and
other related materials whether prepared by Architect or their subcontractor(s)
or obtained in the course of providing the services to be performed pursuant to
this agreement shall become the sole property of the City.
D. Architect shall hold harmless, indemnify and defend the City and its officers,
employees, servants and agents serving as independent contractors from any
claim, demand, damage, liability, loss, cost or expense, for any damage
whatsoever, including-but not limited to death or injury to any person and injury
to any property, resulting from misconduct, negligent acts, errors or omissions
of Architect or any of its officers, employees or agents in the performance of
this agreement, except such damage as is caused by the sole negligence of
the City or any of its officers, employees, servants or agents.
City does not, and shall not, waive any rights that it may possess against
Contractor by reason of paragraph F, because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to
this agreement. This hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are determined to be
applicable to the claim, demand, damage, liability, loss, cost or expense,
described in Paragraph F hereof.
E. Title to the Work shall pass to the City upon final acceptance. The Architect
hereby assigns the right to collect any royalty payment provided by Civil Code
section 986(a) to the City and to the City's assigns.
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Except as expressly provided below, the City shall not intentionally damage,
alter, modify, or change the Work without the prior written consent of the
Architect.
The Architect acknowledges and agrees that the City retains the right to
relocate or remove the Work from public display for any reason, at the sole
discretion of the City. Reasons for removing the Work from public display shall
include, but not be limited to: hazards to public health, safety or welfare;
unsightly or deteriorated conditions of the Work; or the need to access, repair
and maintain public facilities.
Except as provided above, the Architect expressly waives, for himself and his
successors in interest, to the greatest extent allowed by law, any rights he or
she may have under California Civil Code sections 986, 987, 988 and 989 or
any subsequent provisions or amendments thereof.
F. Copyright in the Work and related design, drawings, sketches, and models will
be owned by the Architect until acceptance of the Architect's Work by the City
pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Architect
agrees not to make use of such copyright in the Work for any purpose other
than the performance by the Architect of the Architect's obligations under this
Agreement, without the written consent of the City. Upon acceptance of the
Work pursuant to Section IV-G hereof, copyright in the Work will be owned
jointly by the City and the Architect and no further use of the copyright will be
made by the Architect or the City without the written consent of the other,which
consent will not be unreasonably withheld.
The Architect certifies that the Work is a unique work especially designed for
the City, and shall not duplicate or reproduce the Work nor shall the Architect
permit others to do so except with the written permission of the City.
G. The City has the right to reproduce and distribute in printed form or electronic
form and on commercial documents and or brochures or any other literature of
the City describing or dealing with its real estate holdings, photographs, realistic
renderings, videotapes, or films of the Work. Such reproductions and use of
the images of the Work for promotional purposes shall not constitute a breach
of copyright and no royalty shall be due and payable by the City to the Architect
for such use.
All reproductions of the Work by the City shall contain a credit to the Architect.
The Architect shall use his best effort to give a credit in any public showing
under the Architect's control of illustrations of the Work as follows: "An original
work owned and commissioned by the City of Moorpark, California."
H. Architect shall maintain prior to the beginning of and for the duration of the
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Agreement insurance coverage as specified in Exhibit B attached hereto and
made a part of this Agreement.
I. Architect shall provide workers' compensation insurance as required by the
California Labor Code. If any class of employees engaged by Architect in work
under this agreement is not protected by the workers' compensation law,
Architect shall provide adequate insurance for the protection of such
employees to the satisfaction of the City.
J. Architect shall not assign this agreement, or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that
Architect is uniquely qualified to perform the services provided for in this
agreement.
K. The Proposal submitted by Architect (Exhibit "A") is hereby incorporated into
this agreement. Where said exhibits are modified by the agreement, the
language contained in the agreement shall take precedence.
L. Payment to Architect shall be made by City within thirty-five(35)days of receipt
of invoice, except for those which are contested or questioned and returned by
City, with written explanation within 30 days of receipt of invoice. Architect shall
provide to City a written response to any invoice contested or questioned and
further, upon request of City, provide City with any and all documents related to
any invoice.
M. Any notice to be given pursuant to this agreement shall be in writing, and all
such notices and any other documents to be delivered shall be delivered by
personal service or by deposit in the United States mail and addressed to the
party for whom intended as follows:
To: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Steven Kueny, City Manager
To: Community Works Design Group
4649 Brockton Avenue
Riverside, CA 92506
Attn: Tim Maloney
Either party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or upon deposit in the United States mail.
N. Nothing contained in this agreement shall be deemed, construed or
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represented by the City or Architect or by any third person to create the
relationship of principal or agent, or of a partnership, or of a joint venture, or of
any other association of any kind or nature between the City and Architect.
O. This agreement constitutes the entire agreement of the parties concerning the
subject matter hereof and all prior agreements or understandings, oral or
written, are hereby merged herein. This agreement shall not be amended in
any way except by a writing expressly purporting to be such an amendment,
signed and acknowledged by both of the parties hereto.
P. Should interpretation of this agreement, or any portion thereof, be necessary, it
is deemed that this agreement was prepared by the parties jointly and equally,
and shall not be interpreted against either party on the ground that the party
prepared the agreement or caused it to be prepared.
Q. No waiver of any provision of this agreement shall be deemed, or shall
constitute, a waiver of any other provision,whether or not similar, nor shall any
such waiver constitute a continuing or subsequent waiver of the same
provision. No waiver shall be binding, unless executed in writing by the party
making the waiver.
R. In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this agreement or as a
result of any alleged breach of any provision of this agreement, the prevailing
party shall be entitled to recover its costs and expenses, including reasonable
attorney's fees, from the losing party, and any judgment or decree rendered in
such a proceeding shall include an award thereof.
S. Cases involving a dispute between the City and Architect may be decided by
an arbitrator if both sides agree in writing, with costs proportional to the
judgment of the arbitrator.
T. This agreement is made, entered into, executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to
herein shall be filed in the applicable court in Ventura County, California.
U. The captions and headings of the various Articles and Paragraphs of this
agreement are for convenience and identification only and shall not be deemed
to limit or define the content of the respective Articles and Paragraphs hereof.
V. RESPONSIBLE INDIVIDUAL
The individual directly responsible for Architect's overall performance of the
contract provisions herein above set forth and to serve as principal liaison
between City and Architect shall be Timothy Maloney.
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Upon mutual written agreement of the parties, other individuals may be
substituted in the above capacity.
VI. IMPLEMENTATION
The City shall provide Architect with written notice in advance of the date at
which these services are to be implemented if different than the date of the
agreement.
City of Moorpark: Community Works Design Group:
Steven Kueny, City Manager Tim Maloney
ATTEST:
Deborah S. Traffenstedt, City Clerk
EXHIBIT B
INSURANCE REQUIREMENTS —ARCHITECT AGREEMENTS
Prior to the beginning of and throughout the duration of Work, Architect will
maintain insurance in conformance with the requirements set forth below.
Architect will use existing coverage to comply with these requirements. If that
existing coverage does not meet requirements set forth here, Architect agrees to
amend, supplement or endorse the existing .coverage to do so. Architect
acknowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required. Any insurance
proceeds available to the City in excess of the limits and coverage required in
this Agreement and which is applicable to a given loss, will be available to the
City.
Architect shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Using Insurance Services Office
(ISO) "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. Limits
are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage. Using ISO Business Auto Coverage form CA 00 01
including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to
review, but in no event to be less than $300,000 per accident. If Architect owns
no vehicles, this requirement may be satisfied by a non-owned auto endorsement
to the general liability policy described above. If Architect or Architect's
employees will use personal autos in any way on this project, Architect shall
provide evidence of personal auto liability for each such person.
Workers' Compensation Coverage. Workers compensation on a state-
approved policy form providing statutory benefits as required by law with
employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance. (Over Primary) If used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverages. Any such coverage provided under an umbrella liability
policy shall include a drop down provision providing primary coverage above a
maximum of $1,000,000 self-insured retention for liability not covered by primary
but covered by umbrella. Coverage shall be provided on a "pay on behalf" basis,
with defense costs payable in addition to policy limits. Policy shall contain a
provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability
exclusion precluding coverage for claims or suits by one insured against another.
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Coverage shall be applicable to the City for injury to employees of Consultant,
subcontractors or others involved in the Work. The scope of coverage provided
is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance. Required as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, error or omissions of the Architect and "Covered
Professional Services" as designated in the policy must specifically include work
performed under this Agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating
of A- or better and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Architect.
Architect and the City agree to the following with respect to insurance provided
by Architect:
1. Architect agrees to have its insurer endorse the third party general liability
coverage required herein to include as additionally insured the City, its
officials, employees and agents, using standard ISO endorsement CG
2010 with an edition prior to 1992. Architect also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Architect, or Architect's employees, or agents, from waiving
the right to subrogation prior to a loss. Architect agrees to waive
subrogation rights against the City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to
do likewise.
3. All insurance coverage and limits provided by Architect and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operation limits the application of such insurance
coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not
been first submitted to the City and approved in writing.
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5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any
exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Architect
shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect the
City's protection without the City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Architect's general 'liability policy, shall
be delivered to city at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement
coverage is provided, the City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any
other Agreement and to pay the premium. Any premium so paid by the
City shall be charged to and promptly paid by Architect or deducted from
sums due Architect, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
the City of any cancellation of coverage. Architect agrees to require its
insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance
coverage required to be provided by Architect or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation
to any other insurance or self insurance available to the City.
10. Architect agrees to ensure that subcontractors, and any other party
involved with the Work who is brought onto or involved in the Work by
Architect, provide the same minimum insurance required of Architect.
Architect agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. Architect agrees that upon request,
all agreements with subcontractors and others engaged in the Work will
be submitted to the City for review.
000098
11. Architect agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer, or other entity or person in any way involved in the performance
of Work contemplated by this Agreement to self-insure its obligations to
the City. If Architect's existing coverage includes a deductible or self-
insured retention, the deductible or self-insured retention must be declared
to the City. At that time, the City shall review options with the Architect,
which may include reduction or elimination of the deductible or self-
insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the
Architect 90 days advance written notice of such change. If such change
results in substantial additional cost to the Architect, the City will negotiate
additional compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Architect acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Architect of non-compliance with an
insurance requirement in no way imposes any additional obligations to the
City nor does it waive any rights hereunder in this or any other regard.
15. Architect will renew the required coverage annually as long as the City, or
its employees or agents face an exposure from operations of any type
pursuant to this Agreement. This obligation applies whether or not the
Agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until the City executes a written statement to that
effect.
16. Architect shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. As
coverage binder or letter from Architect's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications is applicable to the
renewing or new coverage must be provided to the City within five days of
the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit
the obligations of Architect under this Agreement. Architect expressly
000 099
agrees not to use any statutory immunity defenses under such laws with
respect to the City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this Agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or
provision conflicts or impairs the provisions of this section.
21. Architect agrees to be responsible for ensuring that no contract used by
any party involved in any way with the Work reserves the right to charge
the City or Architect for the cost of additional insurance coverage required
by this Agreement. Any such provisions are to be deleted with reference
to the City. It is not the intent of the City to reimburse any third party for
the cost of complying with these requirements. There shall be no
recourse against the City for payment of premiums or other amounts with
respect thereto.
22. Architect agrees to provide immediate notice to City of any claim or loss
against Architect arising out of the work performed under this Agreement.
The City assumes no obligation or liability by such notice, but has the right
(but not the duty) to monitor the handling of any such claim or claims if
they are likely to involve the City.
0 001
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VETERANS'
ARCHITECTS LANDSCAPE ARCHITECTS PLANNERS
Moorpark,California
1425 Fifth St 905 Via Tranquila
July 2007 Santa Monica,CA 90401 Santa Barbara,CA 93110
310.458.1011 805.563.2518
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