RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract In The Amount Of $190,000.00 With Crossroad Lab For On-Call Active Transportation Design Consultant Services For The Annual Street Rehabilitation And Preventive Maintenance Project, (CIP No. 17240005)
WHEREAS, on September 26, 2019, the Public Works Department issued a Request for Qualifications (RFQ) for submittals for “On-Call Active Transportation Design Consultant Services” to various civil engineering firms; and
WHEREAS, Crossroad Lab was one of the consultants selected in the RFQ process; and WHEREAS, a professional services contract was executed with Crossroad Lab on January 28, 2020 for design services for the FY19/20 Annual Street Rehabilitation and Preventive Maintenance Project which was completed on May 18, 2021; and WHEREAS, a new contract with Crossroad Lab was executed on September 7, 2021 to provide transportation design services for the FY21/22 Annual Street Rehabilitation and Preventive Maintenance Project which expired on June 30, 2022. Construction for this project was bid out in July 2022 and expected to be completed by January 2023; and WHEREAS, staff proposes to execute a new contract with Crossroad Lab in order to ensure that this consultant provides on-going construction support for the FY21/22 Annual Street Rehabilitation and Preventive Maintenance Project as the Engineer of Record for plans the consultant previously designed; and
WHEREAS, Staff also recommends that Crossroad Lab’s contract includes the FY 22/23 Annual Street Rehabilitation Project as the consultant has proven itself based on the quality of their work, problem solving ability, and unique solutions for Active Transportation designs.; and
WHEREAS, Staff has determined that Crossroad Lab has specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and
WHEREAS, since the City is still within a 3-year period since the issuance of the original RFQ in FY19/20, staff recommends that a contract with Crossroad Lab be entered into for one additional year until December 31, 2023; and
WHEREAS, the Consultant desires to provide such services and has proposed to provide these services for a total amount not to exceed $190,000.00; and WHEREAS, the public interest will be served by this Professional Services Contract; and WHEREAS, the contract shall be funded as follows:
DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B Resolution No. _____
PSC with Crossroad Lab (FY22/23 On-Call ATP Design)
City Council Meeting | November 1, 2022
Annual Street Rehabilitation &
Maintenance Project (Project
#17240005)
Fund 242
Measure BB
$190,000.00
; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a Professional Services Contract with Crossroad Lab in the form attached hereto as Attachment A, for a total contract amount not to exceed $190,000.00.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 1, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Professional Services Contract with Crossroad Lab DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV09/2022 | N:\City_Clerk\Public\Contracts & Agreements\Professional Services Contract THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and CROSSROAD LAB (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City desires to engage Contractor for On-Call Active Transportation Design Consultant Services; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.
1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern.
1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on DECEMBER 31, 2023. The Parties may, by mutual, written consent, extend the term of this Contract.
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2. WORK CHANGES
2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.
2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.
2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.
3. COMPENSATION AND METHOD OF PAYMENT
3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.
3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ONE HUNDRED NINETY THOUSAND DOLLARS AND NO CENTS ($190,000.00), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
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4. COVENANTS OF CONTRACTOR
4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.
4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B City of Emeryville | Professional Services Contract
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employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.
4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
4.5 Records, Reports and Audits
4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.
4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.
4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.
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4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.
4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.
All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
4.10 Key Personnel
The Project Manager is necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
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4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.
4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.
4.13 City Labor Requirements
4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B City of Emeryville | Professional Services Contract
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compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $17.48 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4.14 California Labor Requirements
4.14.1 Prevailing Wage Requirements
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
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4.14.2 Registration
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
4.14.3 Labor Compliance Oversight
This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
4.14.4 Workers’ Compensation
Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California 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 will comply with such provisions before commencing the performance of the work of this contract.”
4.14.5 Event of Default
Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.
5. TERMINATION
A. The City shall have the right to terminate this Contract for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.
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B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.
C. Upon termination, City shall provide for payment to the Contractor for Services rendered and expenses incurred prior to the termination date.
D. Upon receipt of a termination notice the Contractor shall: (1) promptly discontinue all Services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Contract, whether completed or in process, in the form specified by the City.
E. Notwithstanding anything to the contrary, this Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.
F. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Contract or at law or in equity.
6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.
7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.
8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.
The prevailing party shall be entitled to reasonable attorney's fees in addition to any DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B City of Emeryville | Professional Services Contract
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other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.
11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.
12. NOTICES
12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Ryan O’Connell for the City and Vignesh Swaminathan for the Contractor:
CITY CONTRACTOR
Ryan O’Connell, Senior Civil Engineer
Phone No: 510-596-4346
E-Mail : [email protected]
Vignesh Swaminathan, Principal/CEO
Phone No: 408-930-3061
E-Mail : [email protected]
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:
CITY CONTRACTOR
Mohamed Alaoui, PW Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:
Ryan O’Connell, Senior Civil Engineer
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4346
E-Mail : [email protected]
Vignesh Swaminathan, Principal/CEO
10496 Byrne Avenue
Cupertino, CA 95014
Phone No: 408-930-3061
E-Mail : [email protected]
13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.
14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.
16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is required / not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.
SIGNATURES ON FOLLOWING PAGE
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: CROSSROAD LAB
(Signature)
Vignesh Swaminathan, Principal/CEO
Attach:
W-9 Form
Attach:
Business License Certificate
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CROSSROAD LAB
PROPOSAL FOR FY22/23 ONCALL ACTIVE
TRANSPORTATION DESIGN
CONSULTANT SERVICES
October 13, 2022
Proposal Prepared For
Ryan O’Connell PE
Senior Civil Engineer
City of Emeryville
1333 Park Avenue, Emeryville, CA 94608
510-596-4346
[email protected]
Proposal From
Vignesh Swaminathan PE
CEO and President
[email protected]
(408) 930-3061
Crossroad Lab
10496 Byrne Ave
Cupertino CA, 95014
www.CrossroadLab.com
October 06, 2019
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B 10496 Byrne Ave
Cupertino CA, 95014
(408) 930-3061
www.crossroadlab.com
October 13, 2022
Ryan O'Connell
City of Emeryville
1333 Park Ave.
Emeryville, CA 94608
(510) 596-4300
1) Subject: Proposal to Design and Implement Active Transportation Facilities Dear Mr. O’Connell,
Crossroad Lab (CL) is submitting this proposal to provide the City of Emeryville with Professional Services for the plan and implement policies and projects that lead to the development of a safe, efficient, multimodal and environmentally sensitive transportation system consistent with Emeryville’s General Plan. CL will meet the objective to develop engineering plans to implement Emeryville ‘s Multimodal Transportation network and Accessible facilities. Crossroad lab will design and deliver many multimodal and roadway facilities throughout the city. These facilities will stretch across different jurisdictions and required major communication with a wide variety of stakeholders. CL has put together a thorough team of industry leaders to ensure rapid implementation and long-term success of these projects.
Crossroad Lab’s founders recently provided similar services for San Jose, Mountain View, Union City, Fremont, and others. These Projects involved Bicycle and Rail Crossings with a variety of engineering solutions. The full Extend of our Qualifications is discussed in detail in our proposal.
We look forward to building on our successful relationships with regulatory agencies. We will use these connections to create useful, practical, constructible and utilized, bikeways and roadway connections.
Thank you for considering Crossroad Lab to develop these standard practices. We look forward in delivering highest quality work for you on this project. If you have any questions, clarifications or require additional information regarding our scope of work or proposed budget, please contact Vignesh Swaminathan at (408) 930-3061 or [email protected] Sincerely,
Vignesh Swaminathan, PE
Principal and CEO
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B B. COMPANY PROFILE
Crossroad Lab (CL) provides civil, feasibility and planning services for local agencies. The firm was founded to bridge the gap between planning and engineering. CL is recognized as an
industry leader in innovative bicycle solutions, evident by its founders possessing years of experience in planning, design, implementation, and operation of bicycle / pedestrian / parking
facilities. A Silicon Valley-based firm with
established ties to City and regional
agencies, our long-standing involvement in
issues affecting the community will serve
as a valuable asset in helping to move this
project forward. CL believes the
community should be involved throughout
the planning and engineering process,
ensuring all constituents with a variety of
opinions and perspectives have their say in the project at stake. The firm is comprised of three full-time and two part-time professionals who committed to working toward the successful completion of these active transportation projects.
Crossroad Lab focuses on engineering by starting there, so we can have the right conversation asking the right questions. It is important to have a foundation to start the dialog and it is important to be able to rework the solution at that level. Crossroad Lab involves modern design tools and design thinking to develop truly intuitive facilities. The product is always feasible, because the design is in the details.
C. Relevant Service Experience
1. Concept Exhibits
Crossroad Lab always
providesfeasible engineering
solutions. When doing any
project CL always ensures
that Curb to curbs is accurate
and design is conservative.
CL provides clear and
accurate concept design
alternatives for various
active and protected
facilities. The Design is in the Details, it doesn’t need to wait till the rubber hits the road. By vetting good designs early, not hiding constraints, and clear visual communication; ensures success when delivering projects.
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B
2. Design Plans
Crossroad Lab has experience
delivering Plans, Specs, and Estimate
(PS&E) Packages. Whether it is a
clean 35% for city staff to take on,
10% for a developer, or 100% to go
to construction Crossroad Lab is a
production shop for layout complex
active transpiration plans. Most of our projects are at a 20 or 10 scale. We go down to a 10 or 5 scale for intersections. Crossroad Lab’s a clear for any contractor or city staff to Ct-Track and install. CL designs to avoid drainage and complex grading. Most dimensions will be rounded and adjust for ease of conductibility and reduction of capital costs.
3. Research and Outreach
Crossroad Lab brings the best practices of the Industry to the City of Emeryville.
CL has done extensive, Research and development in the protected intersections space. CL did a collaborative project with the Knight Foundation and NACTO for the City of San Jose. The results were the Design-Build delivery of the largest protected bikeway network and a new design guideline titled “Don’t Give up at the Intersection” NACTO. This effort had 14 Community meetings where 6 where for the public and 8 were directly with cultural and community-based organizations. CL has success in communicating complex
construction/engineering concepts to concerned residents.
4. Special Services
Crossroad Lab understand the big picture and constructability. When doing all our work for Emeryville and others we have a thorough handle on where the work fits into the phasing and how the work fits into the big picture. Crossroad Lab has experience developing standard details and solutions that can be fit into multiple scenarios, these details can be adopted and applied throughout the city to have consistency for all users.
CL assist with stakeholder outreach, custom exhibits, engineering memos and studies and construction support. CL also conduct development review and Qa/Qc.
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B 541340
NAICS CODE
541330 Engineering Services
Drafting Services, Aerial geophysical
surveying services
Crossroad Lab is a transportation engineering company that provides a broad spectrum of services for transportation and public works projects.
We focus on implementation and project delivery strategies for active transportation infrastructure. Our experience in CIP Project Delivery and expertise on Urban Complete streets, helps us deliver complex projects with extensive stakeholder communication. We provide Industry expertise to protected bikeways and protected intersection design. The firm was founded to bridge the gap between planning and engineering these types of facilities. A Silicon Valley-based firm with established ties to City and regional agencies, our long-standing involvement in issues affecting the community will serve as a valuable asset in helping to move this project forward.
CAPBILITIES AND EXPERTISE:
Aerial Geophysical Surveying
Services
Geographic information system (GIS)
base mapping services
541430 Graphic Design Services
Management, Scientific, and
Technical Consulting Services
541820 Public relations consulting services
541990 Construction estimation services
Professional and Management
Development Training
Construction management, highway,
road, street and bridge
Crossroad Lab has capabilities and
multi-project/year project experience in
areas including, but not limited to:
Preliminary Engineering
Comprehensive Design, Bid, Build
Services
Construction Estimating
Construction Engineering and
Inspection Services
Project Contract/ Construction
Management
Project Records Management
Intersection and Interchange
D`esign
Civil 3D 2020 Corridor Design
Custom Civil 3D Coding from
Standard Detail to Assembly
Augmented Staff
Crossroad Lab has experienced and
professional staff in disciplines
including, but not limited to:
Civil-Site and Land Development
Engineering
Transportation Road and Bridge
Facilities
Transportation Planning
Public Utilities Engineering
Storm Drainage, Management and
Water Quality Engineering
Construction Engineering-Project
Management- Field Inspection
Boundary, Topographic Surveying
and Mapping
Construction Stakeout, and
Construction Support Engineering
Design-Bid and Design-Build Project
Engineering and Management
DIFFERENTIATORS:
Active Transportation Design
Protected Bikeway Design
Protected Intersection Design
ADA and Pedestrian Crossing
Design
Transit and Complete Street
Design
Civil 3D Design and Visualization
MUTCD, NACTO, AASHTO, Best
practices
Phasing and Implementation
Strategies
Feasibility Memo and Alternatives
Analysis
Tactical Urban Design and Phased
multi/year Implementation Plan
Design, Installation, and
Observation of Community
Outreach Pop-Up Bikeways
Stake holder Outreach and web/app
based engagement strategies
DESIGN IS IN THE DETAILS
CrossroadLab.com (408) 827-8449
[email protected]
5416
541360
541370
611430
237310
CURRENT CLIENTS MEMBERSHIPS AND
AFFLIATIONS
Toole Design Groups ASCE
Alta Planning SVBC
Kimley Horn ENVISION
City of Cupertino SBTOA
City of San Jose ITE
Facebook NACTO
AMG APWA
CERTIFICATIONS
MBE DBE SBE
17000303 44474 2006239
Insurance $2M General Liability
DUNS # 080695020
Licenses PE(Civil): 90037
Primary Contact
Vignesh Swaminathan, PE
CEO and President
[email protected]
(408) 930-3061
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B
FEASIBILITY AND
ALTERNATIVES ANALYSIS
Engineering feasibility studies help bridge the gap
between planning and engineering. Crossroad
Lab’s experience in delivering a wide range of
projects gives a thorough perspective on
implementation and constructability. Crossroad
Lab approaches all tasks from a final design
perspective. With the use of Civil 3D 2020 coupled
with Infraworks 360, we are capable of visualizing
the design and impacts, within days of project
initiation. This paves the way for transparent
communication with different stakeholders and
agencies. Crossroad Lab permits necessary
flexibility in cost estimation, especially in situations involving major uncertainties.
MASTER PLANNING AND
PRIORITIZATION
Planning documents are a productive exercise for
any agency or city to do. They dictate
infrastructure needs, future developments, and
current land use, all of which work together to build
a city. Crossroad Lab focuses on what impacts are
needed to existing infrastructure. Providing
feasible solutions with achievable milestones,
Agencies can be assured smooth implementation.
Crossroad Lab starts all master plans by using
historical, public, and big data to prioritize
destinations, routes, and corridors. These can then
be studied for width, constraints, and intersection
modifications. By producing CAD drawings, it
allows for businesses, residents, and politicians, to
vet impacts and facilities.
ACTIVE TRANSPORTATION
AND ADA REVIEW
Many cities implement ADA ramps without
following the best practices. Directional ramps to
guild the visually impaired to ramps on the far side.
Many cities continue to have ADA standards that
go against modern ADA standards, we use
COMMUNITY OUTREACH AND
ENGAGEMENT
In recent decades, community input has become
the center of all project delivery. We now see
extensive outreach not only to landowners, but
residents, users, and neighboring communities as
well. This is due to the new understanding that our
infrastructure affects everybody. Crossroad Lab
now offers web-based comments; GIS web APPS,
and social media marketing. We understand what
is needed to get the community on board. By
holding social media campaigns, Town hall
meetings, Signage, and Stakeholder meetings, we
play a huge part in the delivery of infrastructure
projects. By getting feedback throughout the
process, from the community there will be fewer
political changes down the road.
because it is too costly to design. With the changes
INTERSECTION AND ROADWAY
DESIGN
of bicycle facilities, it is even more important to
design with core ADA principles in mind. Crossroad
Lab provides QA/QC services from concepts to
plans. By accurately checking all grades, widths,
CIVIL 3 D ASSEMBLY
CUSTOMIZATION
Civil Engineering and technology have so much
lengths, cross slopes, and fixtures; Crossroad Lab potential today. AutoCAD is programed with LISP; Engineering using Civil 3D allows for easy
communication. It allows for design optimization,
automatic labeling, and custom QC alerts. These
accurately show how curbside modifications
interact with utilities and businesses. Crossroad
Lab uses Civil 3D to automate much of the plan
production process. Crossroad Lab bridges the
gap between plans and construction by designing
within the model. Crossroad Lab provides industry
expertise in protected intersection and separated
bikeways. The concept of the protected
intersection has been talked about for a few years,
now we are implementing them. Crossroad Lab
has experience in grading and drainage of complex
and innovative intersections. There are certain
modifications that can be made to intersections
with low cost, tactile solutions. We focus on the
how to implement protected networks in a phased
approach. Crossroad Lab has been an industry
leader in the implementation of complex
intersections using the best practices of our time.
This helps us to create safe intersections across
all modes of transport
maintains feasible ADA Compliance with Tactical
urban materials such as, edgelines with posts and
truncated domes on the asphalt. These are
compliant with Caltrans DIB 82.
AUGMENTED STAFF/ PROGRAM
MANAGEMENT
For small cities looking to implement projects,
Crossroad Lab provides energized, expert, efficient
staff to revamp programs. Crossroad Lab that
building a strong team with the right qualifications
is an integral part of a project’s success. We have
highly trained, experienced staff, offering
immediate, short-term, and long-term technical
support to cities, counties, utilities, and projects.
Staffing positions range from plan drafting, expert
witness, professional engineers, CAD
Customization, project managers, and more.
one of the oldest programming languages, and
Auto LISP gives freedom for customization in CAD.
Crossroad Lab has developed tools that help with
checking and designing facilities. These allow for
automation on many civil day-to-day tasks. We are
Civil 3D and Program subassemblies. These
subassemblies are associated with city standards,
specs, and costs. All the assemblies are then built
into intersections with the 3D intersection tool. A
lot of customization is needed throughout this
process. Crossroad Lab has invested in the
development of automated grading and drainage
at intersections.
GIS ANALYSIS
Spatial Analysis and mapping are one of the most
up and coming aspects of Transportation
planning. From interpreting Lidar Data to analyzing
field data against existing databases, to making
sense of Anonymous GPS Data, Crossroad Lab
does all the work in the right coordinates.
Crossroad Lab has invested in a local 3D mesh
scanner that allows for quick Ada turn around and
design. Crossroad Lab uses Esri GIS and Civil 3D
with Map 3D. Map 3D is the best interface for
working with point clouds and GIS. It accurately
aligns many different types of data, such as field
and point cloud data, to help avoid as well as
understand constraints.
Vignesh Swaminathan, PE
CEO and President
[email protected]
(408) 930-3061
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B
PRINCIPAL IN CHARGE AND PROJECT MANAGER
I. EDUCATION
M.S. Civil Engineer
Minor: Transportation
San Jose State
(May, 2017)
B.S. Civil Engineer,
Minor: Transportation
San Jose State
(May, 2014)
II. AFFLIATION
EXECUTIVE PROFILE
Vignesh Swaminathan has over 8 years in municipal and transportation engineering.
He has worked with municipalities, resource agencies and Caltrans to plan, design, and deliver much needed bridge, roadway and infrastructure improvements throughout California. Vignesh is the president of the firm and specializes in all aspects of transportation projects ranging from transportation studies to construction documents. He has formed a reputation in the industry for developing complex intersection geometrics to solve difficult transportation challenges.
Vignesh's career focuses on designing transportation projects such as bike paths, protected intersections, bridges, corridors and interchanges. He maintains a thorough understanding of the transportation project delivery process, planning and capital improvement projects.
III. CAREER ACHIEVEMENTS
Planned and designed the largest protected intersection corridor in the Bay Area. Project extend from the Google Mountain View Campus to the Caltrain Station.
Master planned 6' miles of Class I bike path along the Guadalupe River Riparian Corridor. Negotiated with all relevant agencies including the Army Core of 〉 Commission Chair
〉 Cupertino Sustainability
Commission
〉 Cupertino, 1/2016 to
12/2019.
〉 Chair working directly with
Mayor and Council on
Sustainable Policy and
Improvements.
〉 Vetting vendors, negotiating
with businesses,
communicating with
State/Federal agencies and
pushing forward best
practices.
Engineers, Santa Clara Valley Water District, City of San Jose, and Private Developers.
Developed best practices for implementing phased infrastructure improvements while within annual budgets.
Automatedmuch of the PS&E process in Civil 3D 2017 to be able to go from0% to 65% in about half the usual time.
IV. PROFESSIONAL BACKGROUND
• CEO AND PRESIDENT - CROSSROAD
LAB
MAY, 2017 - PRESENT, CUPERTINO, CA
Crossroad Lab was founded on the principle that engineering is needed at all levels of project implementation. From Concepts to Construction, design is in the details.
Our team incorporates all aspects of design thinking to keep innovating complete solutions within constrained environments. This ability to go from 0 to 100% efficiently has proved to help with community outreach and alternative vetting, especially before major CIP Cycles. Crossroad Lab uses Civil 3D 2020 throughout all levels of planning and engineering. This allows for transparent BIM Engineering and Estimating.
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B • TRANSPORTATION ENGINEER- MARK THOMAS AND COMPANY
JAN, 2014 - MAY, 2017, CUPERTINO, CA
Vignesh has designed and delivered multiple PS&E and Planning Projects. Involved in the design process of all bike infrastructure improvements. Worked on pursuing new work and innovating the engineering process. Managed multiple aspects of projects with multiple stake holders. His responsibilities include conducting planning studies, transportation design and analysis, preparation of exhibits and production of plans. He excels at the planning and implementation of bicycle and pedestrian facilities. As an avid cyclist, Vignesh understands how roadways are used and how to plan treatments that improve safety and usage. He has experience working with various design standards such OSHA, AISC, ADA and ASCE. His technical skills include the use of software including AutoCAD, ArcGIS and MicroStation.
• ENGINEERING TECHNICIAN - CITY OF SAN JOSE
MAY, 2011 - DEC, 2013, SAN JOSE, CA
Technician responsible for the traffic operations of festivals and events. Managed the Cities inventory of traffic control facilities and rented it out to different event organizers. Produced traffic control plans to reroute traffic around event. Managed police, traffic control officers, and volunteers during events. Designed and managed the striping, grading, and surfacing of multiple Parking Lots and Downtown streets. • PROJECT COORDINATOR - COPPERCONE
MAR, 2009 - DEC, 2010, CUPERTINO, CA
Managed the migration of projects, clients, and accounts to a CRM. Communicated business processes to IT professionals to ensure the smooth transition. Understood how Civil and Construction industries can migrate to automated systems.
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B Roomin Parikh
Urban Planner/Designer
Roomin has over 5 years of local experience working on
different urban planning, engineering, feasibility and
permitting processes pertaining to community design, land-use, and transportation infrastructure for different municipalities, cities, resource agencies, and private technology companies within and outside California. Apart from that, Roomin also brings in his previous 10 years of international AEC experience working for few renowned firms in India and U.A.E. that has always complimented the process-based tasks while working on any project. Roomin holds a master’s degree in urban planning and in his efforts to progress further in the transportation industry, he is also pursuing another graduate degree course in Transportation Management to get educated about new interventions and take more control over complex transportation projects to bring apt inclusive solutions. Roomin is an expert in assessing/analyzing existing infrastructure and transitioning the story into a graphical representation. With his wide range of expertise, Roomin has always provided assistance in more than just urban planning/engineering tasks, which includes GIS, construction and project management tasks whenever required and has so far highly succeeded in those tasks. He has gained a thorough knowledge of MUTCDs and other local/federal transportation regulations, standards, plans and upcoming local Capital Improvement Projects (CIP) within the region.
Apart from that, Roomin has obtain thorough understanding of California based transportation funding pools being a part of the transportation management chapter with SJSU-MTI Institute. Being a planner, Roomin has always been able to provide apt content to justify the project/report for either grant purposes or public review.
Crossroad Lab Experience includes not limiting to:
• $1.4 million Street Improvement Project 2021-2022, City of Emeryville, CA • Main St. Traffic calming and Placemaking Project, City of Delta, CO • Doyle St Improvement Project, City of Emeryville, CA
• Kaiser Dr., Dumbarton Cr. And Campus Dr Traffic Calming Project, City of Fremont, CA
• High School Bike Route Project - Country Rd, City of Fremont, CA • School Zone RRFB and Minor Improvement Project – 10th St, City of Gilroy, CA
• City-Caltrans Property Bike Crossing Project – Francisco Blvd., City of San Rafael, CA
• Intersection Improvement Project – Parrot Dr, City of San Mateo, CA Education:
MS - Transportation Management, San Jose State University – In Progress MUP – Urban Planning, San Jose State University
B.Arch. (ID) – Architecture (Minor: Interior Design), Gujarat University, India Professional Organizations:
APA – American Planning Association
*AICP – On track to get AICP certified
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B 10496 Byrne Ave
Cupertino Ca, 95014
Fee Schedule Principal/Project Manager Project Engineer Design EngineerEng/Survey/CADD Tech
$220 $165 $125 $80
A
20 0 0 80 100
1 Davenport Mini Park
5 25 30
2 62nd Street between Hollis Street and Vallejo
5 25 30
3 63rd between Hollis Street and Vallejo Street
5 25 30
4 Replacing the rubber humps on 48th Street
with asphalt version as attached.
5 25 30
5 FY21/22 Field &Submittal Reviews
25 200 225
45 0 0 300 345
1 Frontage Road
10 40 120 160 330
2 Powell St
10 40 140 150 340
3 Bay Trail Crossing and Constraints
20 80 120 160 380
40 160 380 470 1050
D
20 0 80 120 220
125 160 460 970 1270
Travel
$27,500 $26,400 $57,500 $77,600 Total
$10,800
$33,900
FY21/22 Annual Rehab Project (Design Services)
FY21/22 Annual Rehab Project (Design Services
During Construction / Field & Submittal Reviews)
Total
Hours
TOTAL
COST
$3,100
$3,100
$3,100
$3,100
$189,000
$190,000
$1000
$21,500
B
OTHER DIRECT COSTS
C
FY22/23 Annual Rehab Project (Design Services)
FY22/23 Annual Rehab Project (Design Services
During Construction / Field & Submittal Reviews)
Subtotal Order
$120,300
$24,000
$36,600
$45,400
$38,300
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B SCOPE OF SERVICES – EXHIBIT A
D. FY21/22 Annual Rehab Project (Design Services)
I. Design Services to Add Concrete Curbs and Curb Ramps • Develop Additional Sheets for Demotion and Improvements • Standards for Curb Types and Chose Locations for Ramps E. FY21/22 Annual Rehab Project (Design Services During Construction / Field & Submittal Reviews)
I. RFI Responses
II. Field & Submittal Reviews
III. Designs During Construction
• New Locations for Speed Bumps
1) Davenport Mini Park
2) 62nd Street between Hollis Street and Vallejo
3) 63rd between Hollis Street and Vallejo Street
4) Replacing the rubber humps on 48th Street with asphalt version as attached
F. FY22/23 Annual Rehab Project (Design Services)
I. Design Services for Additional Corridors
• Striping, Signage, Minor Civil at
Intersections
1) Frontage Road
◊ Potential Caltrans Coordination
2) Powell St
◊ Parking Lots and Potential Outreach
3) Bay Trail Crossings
◊ Regulatory Agencies for Construction in sensitive Areas G. FY22/23 Annual Rehab Project (Design Services During Construction / Field & Submittal Reviews)
I. RFI Responses
II. Field & Submittal Reviews
III. Designs During Construction
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B
C A L I F O R N I A
REV 08/2020 Page 1 of 5
E X H I B I T B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to CROSSROAD LAB.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, 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 or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy. Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage. Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements
DocuSign Envelope ID: C2D00398-80E4-49ED-A369-D333F44E7820 DocuSign Envelope ID: 6046B720-AAB0-4495-A05D-7BA0E051F64B