The URL can be used to link to this page

Home My WebLink AboutRDA Agenda Packet 082407CAD CITY OFATASCADERO COMMUNITY REDEVELOPMENT AGENCY AGENDA Tuesday, July 24, 2007 6:30 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REGULAR SESSION: 6:30 P.M. ROLL CALL: Chairperson O'Malley Vice Chairperson Beraud Board Member Brennler Board Member Clay Board Member Luna APPROVAL OF AGENDA: Roll Call COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Board.) BOARD ANNOUNCEMENTS AND REPORTS: (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities. Board Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Board may take action on items listed on the Agenda.) A. CONSENT CALENDAR: 1. Community Redevelopment Agency Minutes — June 12, 2007 • Board Secretary Recommendation: Board approve the Community Redevelopment Agency minutes of June 12, 2007. [Board Secretary] 2. December 2006 Investment Report • Recommendation: Board approve the Agency's Treasurer's report for December 2006. [Treasurer] 3. March 2007 Investment Report • Recommendation: Board approve the Agency's Treasurer's report for March 2007. [Treasurer] B. MANAGEMENT REPORTS: 1. Request for Qualifications and Proposals for Affordable Housing Polic and Strategy Development Consultant • Fiscal Impact: Thirty thousand dollars ($30,000) has been budgeted for this project. • Recommendation: Board authorize the Executive Director to issue a Request for Qualifications and Proposals for an Affordable Housing Policy and Strategy Development Consultant. [Executive Director] C. ADJOURNMENT FA ITEM NUMBER: RA A-1 DATE: 07/24/07 'EVE—a e ■ CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY DRAFT MINUTES Tuesday, June 12, 2007, 6:30 P.M. REGULAR SESSION: 6:30 P.M. Chairperson O'Malley called the meeting to order at 6:30 p.m. ROLL CALL: Present: Board Members Brennler, Clay, Luna, Beraud, and Chairperson O'Malley Absent: None Others Present: Board Secretary Marcia McClure Torgerson, Recording Secretary Grace Pucci Staff Present: Executive Director Wade McKinney, Assistant Executive Director Jim Lewis, Board Treasurer Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, Fire Chief Kurt Stone, Police Chief John Couch, Community Services Director Brady Cherry, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Assistant Planner Callie Taylor and City Attorney Patrick Enright. APPROVAL OF AGENDA: MOTION: By Board Member Luna and seconded by Board Member Clay to approve the agenda. Motion passed 5:0 by a roll -call vote. RDA Draft Minutes 06/12/07 Page 1 of 4 3 COMMUNITY FORUM: Joan O'Keefe spoke about the difficulty she has had in gathering information regarding the Printery, and urged that when possible the content of a discussion item or Executive Directors Report be placed on the agenda with a staff report so the public is informed on the topic. Chairperson O'Malley closed the Community Forum period. Executive Director Wade McKinney commented that the Executive Director's report is typically an oral report updating something that the agency is doing and normally covers topics that had arisen in the few days prior to the meeting. There was Board consensus to direct staff to report back at the next meeting with a review of the Printery project. BOARD ANNOUNCEMENTS AND REPORTS: Board Member Clay commented that the more the public pushes the Printery issue the more the developer will push back and this could lead to nothing being done. He suggested the developer provide an update for the public. A. CONSENT CALENDAR: 1. Community Redevelopment Agency Minutes — April 24, 2007 • Board Secretary Recommendation: Board approve the Community Redevelopment Agency minutes of April 24, 2007. [Board Secretary] MOTION: By Board Member Luna and seconded by Vice Chairperson Beraud to approve Item #A-1. Motion passed 5:0 by a roll -call vote. B. MANAGEMENT REPORTS: 1. Operating Budget 2007 - 2009 • Fiscal Impact: Total expenditures for all funds in 2007-2008 are $3,723,660. Total expenditures for all funds in 2008-2009 are $10,952,270. • Recommendation: Board approve Draft Resolution adopting budgets for the 2007-2008 and 2008-2009 fiscal years and delegating to the Executive Director authority to implement same. [Executive Director] RDA Draft Minutes 06/12/07 4 Page 2 of 4 Board Treasurer Rachelle Rickard gave the staff report and answered questions of the Board. PUBLIC COMMENT Eric Greening spoke of the tax increment and increasing property values and asked what the scenario is if valuation sinks. Regarding the bulb outs, he recommended consultation with the bicycling segments of the community before implementation, and regarding the Del Rio visioning process, asked what is the purpose of the community visioning and what is the format, who would be doing it, and to what end. Steve Martin, Executive Director Atascadero Main Street, thanked the RDA and City Council for the investments they have made in the downtown, and reviewed those improvements. Mr. Martin spoke about the progress Main Street has made in becoming a professional organization, the Council's #1 priority of increasing economic growth in Atascadero, and urged a continuing investment in the Main Street Program to protect what has already been invested. He asked that the $25,000 increase in funding requested by the Main Street Board be put back in the RDA budget. Chairperson O'Malley closed the Public Comment period. There was Board consensus for the following. n Staff to consider the questions raised by Mr. Greening, put the response in the form of a report, and have that update at the next meeting. �i Consider the Main Street request under the City Council. Changes within the . proposed budget. 1) strike the word "Del Rio" under Economic Options and Analysis for Fire Station Site No. 1, combine that $70,000 in Redevelopment Agency Funds and just label it "Economic Development Strategy" to match the wording in the City. MOTION: By Board Member Luna and seconded by Board Member Clay to approve Draft Resolution adopting budgets for the 2007- 2008 and 2008-2009 fiscal years and delegating to the Executive Director authority to implement same. Motion passed 5:0 by a roll -call vote. (Resolution No. 2007-002) C. EXECUTIVE DIRECTOR REPORT: Wade McKinney, Executive Director Executive Director Wade McKinney reported on the implementation plan which must be updated by April 2008. He also announced that the community can fill out a form on the city's web site to indicate what they would like the agency to be looking at. RDA Draft Minutes 06/12/07 Page 3 of 4 5 Board Member Luna suggested the survey not be restricted to the RDA, but also include citywide items. M Board Member Clay expressed concern that this would only reach those with computers and would rather see a survey of the entire community. D. ADJOURNMENT Chairperson O'Malley adjourned the meeting at 7:02 p.m. MINUTES PREPARED BY: Grace Pucci, Recording Secretary rig RDA Draft Minutes 06/12/07 6 Page 4 of 4 ITEM NUMBER: u p A _ DATE: 07/24/07 City of Atascadero Community Redevelopment Agency Staff Report - Treasurer December 2006 Investment Report RECOMMENDATION: Board approve the Agency's Treasurer's report for December 2006 REPORT IN BRIEF: Cash and Investments City of Atascadero Investment Pool $ 6,766,690 LAIF 5,708,413 Cash with Fiscal Agents 1,499,345 Cash and Investments at December 31, 2006 $ 13,974,448 Redevelopment Agency Cash & Investments LAIF City of Atascadero Investment Pool 48% uasn wim Fiscal Agents 11% Page 1 of 2 7 L CITY OFATASCADERO COMMUNITYREDEVELOPMENT AGENCY TREASURER'S REPORT CASH & INVESTMENTS ACTIVITY SUMMARY FOR THE QUARTER OCTOBER -DECEMBER 2006 Certification: The Treasurer certifies that there is sufficient liquidity to meet the Redevelopment Agency's estimated future expenditures for a period of six months. Verified and Approved by: r)LiA1L( Treasurer Page 2 or 2 CITY INVESTMENT FISCAL POOL LAIF AGENT TOTALS Balance per Banks at October 1, 2006 $ 5,317,564 $ 6,654,899 $ 1,492,870 $ 13,465,333 Receipts 1,330,829 82,514 6,475 1,419,818 Disbursements (910,703) - - (910,703) Transfers In 1,029,000 1,029,000 Transfers Out - (1,029,000) - (1,029,000) Balance per Banks at December 31, 2006 $ 6,766,690 $ 5,708,413 $ 1,499,345 $ 13,974,448 Certification: The Treasurer certifies that there is sufficient liquidity to meet the Redevelopment Agency's estimated future expenditures for a period of six months. Verified and Approved by: r)LiA1L( Treasurer Page 2 or 2 Communi Staff Report - Treasurer ITEM NUMBER: RA A — 3 DATE: 07/24/07 City of Atascadero velopment Agency March 2007 Investment Report RECOMMENDATION: Board approve the Agency's Treasurer's report for March 2007 REPORT IN BRIEF: Cash and investments City of Atascadero Investment Pool LAIF -+ Cash with Fiscal Agents Cash and Investments at March 31, 2007 $ 6,291,547 5,756,356 1,237,195 $ 13,285,098 Redevelopment Agency Cash & Investments LAIF City of Atascaoero Investment Pool 48% t asn wtm Fiscal Agents 9% Page 1 of 2 9 CITY OFATASCADERO COMMUNITYREDEVELOPMENT AGENCY TREASURER'S REPORT CASH & INVESTMENTS ACTIVITY SUMMARY FOR THE QUARTER JANUARY- MARCH 2007 Balance per Banks at March 31, 2007 $ 6,291,547 $ 5,756,356 $ 1,237,195 $ 13,285,098 i"" Certification: The Treasurer certifies that there is sufficient liquidity to meet the Redevelopment Agency's estimated future expenditures for a period of six months. L ,-. Verified and Approved by: 1 rte^ ,+.c �� ,Treasurer Q 10 Page 2 of 2 CITY INVESTMENT FISCAL POOL LAIF AGENT TOTALS Balance per Banks at January 1, 2007 $ 6,766,690 $ 5,708,413 $ 1,499,345 $ 13,974,448 Receipts 411,572 78,943 24,871 515,386 Disbursements (917,715) - - (917,715) Transfers In 31,000 (287,021) (256,021) Transfers Out - (31,000) (31,000) Balance per Banks at March 31, 2007 $ 6,291,547 $ 5,756,356 $ 1,237,195 $ 13,285,098 i"" Certification: The Treasurer certifies that there is sufficient liquidity to meet the Redevelopment Agency's estimated future expenditures for a period of six months. L ,-. Verified and Approved by: 1 rte^ ,+.c �� ,Treasurer Q 10 Page 2 of 2 ITEM NUMBER: RA B-1 DATE: 07/24/07 Community Redevelopment Agency of Atascadero Staff Report - Executive Director Request for Qualifications and Proposals for Affordable Housing Policy and Strategy Development Consultant RECOMMENDATION: Board authorize the Executive Director to issue a Request for Qualifications and Proposals for an Affordable Housing Policy and Strategy Development Consultant. DISCUSSION: The Redevelopment Agency and City would like to create an Affordable Housing Policy to guide project development and to guide the use of the housing set aside and affordable housing in -lieu funds. This proactive policy would guide Agency and City decisions and is key to effectively working with project proponents, and fulfilling the Agency's and City's affordable housing requirements under the law. In an effort to initiate the process to achieve these requirements, staff is recommending the hiring of a qualified consultant. Staff has developed a proposed Scope of Work that will be refined as the project unfolds. The Scope of Work includes: ❑ Review of the General Plan Housing Element and Redevelopment Agency Implementation Plan, ❑ Confer with local affordable housing agencies, ❑ Assess community affordable housing needs, ❑ Conduct public workshops. This work is geared to result in the development of a comprehensive affordable housing policy and strategy for implementation. As staff works through the Request for Proposal process the Scope of Work will be refined to insure it reflects community needs and best professional practices. FISCAL IMPACT: Thirty thousand dollars ($30,000) has been budgeted for this project. ATTACHMENTS: 1. Draft Request for Qualifications and Proposals. 12 Draft REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR AFFORDABLE HOUSING POLICY AND STRATEGY DEVELOPMENT FOR THE CITY OF ATASCADERO RESPONSE DUE: 13 REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR AFFORDABLE HOUSING POLICY AND STRATEGY.DEVELOPMENT SERVICES SECTION 1. Prolect Description The City of Atascadero ("City") seeks Qualifications and Proposals from consulting firms or individuals qualified to provide affordable housing policy and implementation strategy development services. The chosen firm will engage in a process to develop housing goals and policy for the City and the Atascadero Redevelopment Agency ("Agency"), as well as an implementation plan based upon the goals and policy using the low and moderate set aside fund and the affordable housing in -lieu fee. SECTION 2. The Communit Atascadero, population approximately 28,000, is a community growing in affluence located halfway between Los Angeles and San Francisco on Highway 101, about 225 miles from each city. Atascadero is 20 miles north of San Luis Obispo and 10 miles south of Paso Robles. (� Nearby CA Highways 41 and 46 provide easy access to the Pacific Coast and the Central Valley of California. Atascadero is home to one of the County's largest employers, the Atascadero State Hospital, and is a growing center of commerce and employment in Northern San Luis Obispo County. Atascadero is a scenic bedroom community that offers abundant recreation, interesting history and shopping opportunities. The City of Atascadero covers nearly 25 square miles with a Redevelopment Project Area that encompasses approximately 1100 Acres or 1.72 square miles in the City. The Project Area primarily overlies the two main commercial corridors of EI Camino Real, Morro Road, Downtown District, Civic Center Area and the Traffic Way corridor and adjoining industrial: and residential areas. The general boundaries of the area are: Santa Cruz Road to the North, Separado Avenue and Traffic Way to the East, Curbaril Avenue to the West and Palomar to the South. See Attachment 1: Redevelopment Project Area. SECTION 3. Scope of Work The Scope of Work includes but is not limited to: Consultant to review our existing inclusionary program and inventory of existing units to include an analysis of existing redevelopment housing goals and policies. 2 14 2. Consultant to review housing element and redevelopment agency housing implementation plan and evaluate the internal consistency among City/Agency plans, (� programs and policies. 3. Consultant shall confer with the Housing Authority of San Luis Obispo (HASLO), Peoples', SLO Nonprofit, private affordable housing developers, and the San Luis Obispo County Housing Trust Fund. 4. Consultant shall identify the legal requirements associated with affordable housing policy and program development to include the Redevelopment Agency and the housing element, inclusionary program, and their inter -relationships. 5. Consultant to assess community affordable housing needs and what will be required to fulfill that need. 6. Consultant to review current staffing allocations, and make.staffing recommendations consistent with a proposed housing policy and strategy to implement the policy taking into account the current size of City and RDA staffing and scale of the city, to include alternatives that may aid the City to achieve acceptable levels of production and success. 7. Consultant to recommend a process for the City to adopt its own affordable housing numbers. 8. Consultant to recommend a process to manage affordable rental units to include monitoring all restricted affordable units. The process should aid the production of the HCD annual reports on both the RDA numbers and housing element progress. 9. Consultant shall conduct public workshop(s): The public participation process should include multiple community workshops and at least one joint Planning Commission and Council meeting covering the following: a) History of public participation in affordable housing/local housing needs to include an overview of state housing requirements for local governments, redevelopment agencies, and their relationships to each other. b) State Regional Housing Needs Allocation (RHNA) discussion: ➢ target income groups (including adjustments for households size and annual updates); ➢ what is affordable for renters and owners (pmt ratios, presumed occupancy by bedroom size and equating pmts to sales prices); and, ➢ annual reporting requirements. c) Agency housing requirements to include: ➢ 20% set-aside; ➢ 15% inclusionary requirement (6% VLI and 9% Mod within project area — 2 for one outside project area); 3 15 ➢ application of affordability standards to any units that receive housing set-aside funds; ➢ 45 and 55 year affordability for RDA assisted housing and replacement of lost units; ➢ ability to use set-aside for admin and planning; and; ➢ overview of the lifecycle of a project and conditions for extending projects. d) Purpose of a housing implementation plan. e) Opportunities/projects and possible funding. f) Memorialize public comment regarding affordable housing. 10. Evaluate whether the City should claim inclusionary units as RDA production. 11. Detail the role of RDA in development review for projects in the project area. 12. Develop an affordable housing policy for City Council consideration/adoption. 13. Consultant to recommend appropriate uses for the affordable housing in -lieu fee and RDA housing set aside funds. 14. Identify state, federal and other funding sources, the competitiveness of projects in the City, what the City can do to improve its competitiveness, and recommend methods that will aid the City in deciding what projects and resources to pursue. 15. Develop a strategy to implement the affordable housing policy for City Council consideration/adoption. SECTION 5. Proposal Documents All proposal documents shall be typewritten in conformance with these instructions for submitting proposals. The proposal shall be signed by an authorized principle or agent of the proposer. Elaborate and/or glossy proposals are not expected. The emphasis of the proposal should be on responding to the requirements set forth in this Request for Qualifications and Proposals (RFQ/P). Provide 5 copies. The proposal shall include the following information and be presented in a clear and concise format to demonstrate the proposer's competence and professional qualifications to satisfactorily perform the services and tasks required: a. Provide an outline with detailed explanation describing how best to accomplish the Scope of Work to include a proposed time -line. b. Experience in providing the same or similar services set forth in the Scope of Work. Provide a list to include the name, address, and phone number of the contracting or responsible party. all 16 c. A list of proposer's principals, employees, agents, and subcontractors that proposer anticipates assigning to the project. The list must include a summary of qualifications, license, and experience of each individual. Under the terms of the. contemplated Professional Services Agreement (herein after referred to as the "Agreement",) the City will retain the right of approval of all persons performing work under the Agreement. d. Cost estimate and schedule of hourly fees to be charged for the services described in the Scope of Work.and other fees for supplemental services. e. A statement which discloses any past,.on-going, or, potential conflicts of interest that the proposer may have as a result of performing the work on this project. SECTION 6. Interpretations of the Request for Qualifications and Proposals If the proposer is in doubt of the true meaning of any part of.the Request for Qualifications or Proposals, finds discrepancies in or omissions from the RFQ/P, the proposer shall, submit to the City, a written request for an interpretation or correction. Such request shall be made before the time and date for submitting the proposals. It shall be the proposer's own responsibility for delivery of the request. The City shall not be responsible for any explanation or, interpretation of the RFQ/P other than by written addendum delivered to each holder of the RFQ/P. No oral interpretation of any provision in the RFQ/P shall be binding upon the City. SECTION 7. Review of Proposals After the proposals are received, the City shall review and evaluate all proposals for their responsiveness to the Request for Qualifications and Proposals. An evaluation will also be made to determine that the proposer possesses the professional qualifications to satisfactorily do the required services. Contacts with the proposer's previous clients of like projects will be made. It is anticipated that the review period will take approximately 30-45 days. The City will consider the following in its review of the proposals: a. The proposer's understanding of the Scope of Work based on the clarity of the proposal and responsiveness to these instructions for submitting proposals. b. Ability to perform the Scope of Work efficiently and in accordance with the requirements of City, State and Federal regulations. C. The proposers, its employees, agents, and subcontractors experience and past performance in completing projects of similar type, size, scope, and complexity. The proposer's time and accurate completion of like projects within budget. d. The feasibility of the project based on, but not limited to, the proposed performance and n payment schedule, and the methodology to be used by the proposer to complete the work. 5 17 e. Other section criteria may be included at the discretion of the selection committee. SECTION 8. Interview of Proposers After completion of the proposal review process, the City shall notify those proposers deemed responsive to the RFQ/P for further evaluation and negotiations. All proposers so notified may be required to make presentations and negotiate in good faith in accordance with'direction from the City. Any delay caused by a proposer's failure to respond to the direction from the City may lead to the rejection of the proposal. The City reserves the right to reject any or all. proposals, and to waive any irregularity. An award of contract, if made by the City, will be based on a total review and analysis of each proposal, SECTION 9. Award of Contract If the Agency determines, after evaluation and negotiations, to award a contract, the selected proposer will be sent a notice of contract terms. The selected firm or individual shall be required to enter a Professional Services Agreement with the Agency, which is subject to the approval of the City. A sample of the City's professional services agreement is provided as Attachment 3. Certificates of insurance for the coverage detailed in Attachment 2 must be provided before the City will approve the contract. The contract term will initially be for one year with consideration of additional extension periods in one-year increments. (� SECTION 10. Incurred Expenses The Agency will not be responsible for any costs incurred by proposers in the preparation and submittal of the proposal. SECTION 11. Public Information The City holds the names of the proposers and the contents of their proposals in confidence until after the proposal submission deadline has passed and the written report to the City recommending a selection or other action has been issued by the City Manager. At such time, all proposals become public records and will be available in the offices of the City for inspection, except for certain excluded materials, which are permanently confidential, These consist of personal financial statements, credit reports, and rating sheets and notes resulting from the evaluation process. Proposers are, therefore, requested to submit any required financial statements on separate sheets. SECTION 12. Contact Person (� The proposal coordinator, Marty Tracey, is the designated contact person for prospective proposers. Mr. Tracey may be reached by telephone at (805) 470-3460. Return five (5) copies of the proposal by 4:00 PM, to: City of Atascadero 6907 EI Camino Real Atascadero,CA 93422 Attn: Martin Tracey, Deputy Executive Director n n 7 19 ATTACHMENT CITY OF ATASCADERO Redevelopment Area v" .�RedevelopmenlArea ryo 101 5 un '' �<a City Limtts °'cwd i Colony Boundary s b v tl vo, <<v yOm � P1dWe Rn°d :.�v1 b�� e aNcS%r P Vdnte at H we w°s4� - . �Au 90d V°a4san°ae.P P�pd qb' F * �1xdd i dP - - a p 4mn°m ° ma a �OCara�e goy "R Y se"4�n°«° ,PN.e�eaa :'Spa �p /N� w eDate Printed: 5/29/2007 °dc, °aaae 00 �,g,,,wciwiak" Vc Printed by: City of Atasoadero-GIS ion "'� o�-a-e._ 20 w W n ATTACHMENT 2 INSURANCE REQUIREMENTS: Consultant Services The -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 the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. 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. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. 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 the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. 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 the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be n primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, 21 officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The 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. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL 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. 10 22 n CITY OF ATASCADERO CONTRACT FOR [Name of Consultant] for GENERAL TITLE OF SERVICES 23 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO [NAME OF CONSULTANT] THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and [Name of Consultant] ("Consultant'). City and Consultant agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Consultant for the performance of services pursuant to this Contract shall remain employees of Consultant, shall at all times be under the direction and control of Consultant, and shall not be considered employees of City. All persons employed by Consultant to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Consultant employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5/1/06 t 7921 19 3 24 City of Atascadero [Name�of Consal#an#] B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this. Contract shall terminate no later than [insert date], unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's express written authorization signed by the City Manager is given to Consultant for. the performance of said services. rev 5/1/06 2- 792119.3 25 City of Atascadero [Name~of..Consultanf] -.• _ 1 ._. , 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Consultant shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Consultant's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees. .,R C. APPROV,SL FOF�STAFF�;MEMBERS',. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Contract. Consultant -shall -notify City of any changes in Consultant's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Consultant shall be compensated for non -disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. rev 511/06 3 792119.3 M. 07 n City of Atascadero (Name of Consuttan] 7. CHANGES: The City or Consultant may, from time to time, request changes in the scope of the services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Consultant's compensation, and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS!PsREPAREQ !VZ --,,,PROPER . It is mutually agreed that all materials prepared by the Consultant under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Consultant shall have no property right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by the Consultant if used for purposes other than those expressly set forth in the Intended Use of Consultant's Products and Materials section of this Contract. Consultant shall not disseminate any information or reports gathered or created pursuant to nthis Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Consultant to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Consultant will be allowed to retain copies of all deliverables. n B. CONSULTANT TO DELIVER C1TY PROPERTY Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials, and property of the City as may have been prepared or accumulated to date by the Consultant in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: . A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Contract. Consultant further covenants that in the performance of this Contract, Consultant shall take reasonable care to ensure that no person having any such interest shall. be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 5/1/06 4 792119.3 27 City of Atascadero [Name of Consultant] 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its officers, employees,. or subcontractors does voluntarily provide information.in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non -releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Consultant shall promptly notify the other party should Consultant or City, its officers, employees, agents, or subcontractors be served .with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Consultant each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Consultant and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Consultant or City. However, City and Consultant's right to. review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract exceptas set forth m Extiblt,.. : m City acknowledges that all equipment and other tangible assets used by Consultant in providing these services are the property of Consultant and shall remain the property of Consultant upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or Similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. rev 511106 5 792119.3 9-1 n n City of Atascadero [Nameof Consultant] 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Consultant shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Consultant shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of consultant to comply with this section. B. PREVAILING WAGES. In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant. 14. ASSIGNABILITY: Consultant shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has. an interest in the Contract. rev 5/1/06 792119.3 0 29 City of Atascadero [Nameof:Consultant] 15. LIABILITY OF CONSULTANT: Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: Y�INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Consultant, willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With'respect to #he' design B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, . alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. rev 5/1/06 7 792119.3 30 n n r�) City of Atascadero Waronsu*ia 17. INSURANCE: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhfbrt :;'�rattached to and part of this agreement. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that n relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et sec.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose rev 5/1/06 8 792119.3 31 City of Atascadero [Name of Consultant] -- +S...j. H sanctions against the City for such use of unauthorized aliens, Consultant �1 hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 511/06 9 792119.3 32 City of Atascadero NamewG nsu]tant �Eit1Yl• G;�. J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6907 EI Camino Real Atascadero, CA 93422 Consultant fKAME-0-6vCQ SUiAhIT] L.... [G`OLyTACT °P�RrJI�j [Street'l�ddrEssj [C[ty statg aid zlP.211 ] Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. n K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. �i AGREED to this day of by the, parties as follows. Approyetl �s to form: Cptnsel for,cori`s"ulta it Approved as to form: jP1AME OF CONSIiL?�N By:. �nd;fitl�] CITY OF ATASCADERO �B By: Patnick`L,�ErTlght, Git�%'Attoj�aey [Name andn?Tit�e] rev 5/1/06 10 792119.3 33 City of Atascadero CNarne Df Co�s�ltait] CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) rev 5/1/06 792119.3 34 CONSULTANT [Ins`ert Consultant`Name and Title] 11 n M Scgpe of Work n n 658615.1 DRAFT 06141014:33 PM A-1 35 rev 5/1/06 792119.3 S OHM Campe'nsat�ona�d Method,of�Payment -M n m N n n rev 511106 792119.3 EXHIBIT C Items Provided by City W 37 rev 5/1/06 792119.3 m EXHIBIT D Location Schedule 13! n n n EXHIBIT E n n Insurance Requirements rev 5/1/06 B'5 792119.3 439 1. SCOPE AND STANDARDS:........................................................................................... 1 A. CONTRACT..........................................................................................................1 2. EMPLOYMENT STATUS OF PERSONNEL: ................................................................ 1 A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT ............ 1 B. INDEPENDENT INVESTIGATION.................................................................... 2 C. COMPLIANCE WITH EMPLOYMENT LAWS ................................................. 2 D. UNLAWFUL DISCRIMINATION PROHIBITED .............................................. 2 3. TIME OF PERFORMANCE: ............................................................................................ 2 4. COMPENSATION: ........................................................................................................... 2 A. TERMS.................................................................................................................. 2 B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING .................... 2 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: .................................... 3 A. CONSULTANT SUPERVISES PERSONNEL ............ :....................................... 3 B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS ........ 3 C. APPROVAL OF STAFF MEMBERS................................................................... 3 6. TERMINATION................................................................................................................3 A. 30 DAYS NOTICE................................................................................................ 3 B. OBLIGATIONS SURVIVE TERMINATION...................................................... 3 7. CHANGES:........................................................................................................................4 8. PROPERTY OF CITY: ...................................................................................................... 4 A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY ...................... 4 B. CONSULTANT TO DELIVER CITY PROPERTY ............................................. 4 9. CONFLICTS OF INTEREST: ........................................................................................... 4 A. CONSULTANT.....................................................................................................4 10. CONFIDENTIAL INFORMATION: ................................................................................ 5 A. ALL INFORMATION KEPT IN CONFIDENCE ................................................ 5 B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE ................................. 5 C. COOPERATION................................................................................................... 5 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: ........................................... 5 A. CONSULTANT PROPERTY............................................................................... 5 ` B. SPECIAL SUPPLIES............................................................................................ 5 rev 5/1/06 792119.3 . m 12. COMPLIANCE WITH LAW: ........................................................................................... 6 A. COMPLIANCE REQUIRED................................................................................ 6 B. PREVAILING WAGES........................................................................................ 6 13. SUBCONTRACTING: ...................................................................................................... 6 14. ASSIGNABILITY: ............................................................................................................ 6 15. LIABILITY OF CONSULTANT: ..................................................................................... 7 16. INDEMNIFICATION: ...................................................................................................... 7 A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY ................................ 7 B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY........ 7 C. GENERAL INDEMNIFICATION PROVISIONS ............................................... 7 D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION................................................................................................. 8 17. INSURANCE: ..................................................................................................................... 8 18. RECORDS:........................................................................................................................8 19. MISCELLANEOUS PROVISIONS: ................................................................................ 8 A. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT ^ ................................................................................................................................ 8 B. UNAUTHORIZED ALIENS................................................................................. 8 C. GOVERNING LAW.............................................................................................. 9 D. ASSIGNMENT OR SUBSTITUTION.................................................................. 9 E. ENTIRE CONTRACT........................................................................................... 9 F. AMENDMENTS................................................................................................... 9. G. CONSTRUCTION AND INTERPRETATION.................................................... 9 H. WAIVER................................................................................................................9 I. SEVERABILITY...................................................................................................9 J. NOTICES.............................................................................................................10 K. AUTHORITY TO EXECUTE.................................................................................... 10 n rev 511/06 7921193 Im 41