OAK #4850-6023-1119 v1 - 1 -
MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 27th day of March, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and CSG CONSULTANTS, INC., (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires On-Call Construction Management and Inspection Services/Horizontal Construction in connection with Various City Projects; and WHEREAS, construction management/inspection services will be provided by CSG Consultants, Inc.; and
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement. CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
ATTACHMENT "B"
- 2 -
OAK #4850-6023-1119v1
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in the Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month.
CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in - 3 -
OAK #4850-6023-1119v1
CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2024 (the "Term"). Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Roland Yip, PE, its Deputy Director of Public Works/City Engineer, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Nourdin Khayata, its Vice President as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY. - 4 -
OAK #4850-6023-1119v1
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate.
Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
- 5 -
OAK #4850-6023-1119v1
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section 5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); • Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and
• Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it. • It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance. Furthermore, the requirements for coverage and limits shall be the greater of: (a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach.
Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium - 6 -
OAK #4850-6023-1119v1
costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
540 Crespi Drive
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Nourdin Khayata
Vice Prestident
550 Pilgrim Drive
Foster City, CA 94404
Phone: (650) 522-2500
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
- 7 -
OAK #4850-6023-1119v1
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the subsubcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section 7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document. - 8 -
OAK #4850-6023-1119v1
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT.
CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.
- 9 -
OAK #4850-6023-1119v1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By:
Kevin Woodhouse, City Manager
CONSULTANT: CSG CONSULTANTS, INC.,
Date
By:
Nourdin Khayata, Vice President
Date
By: Date
Attest:
By: ___________________________
Sarah Coffey, City Clerk
Approved As To Form:
By:
Michelle Marchetta Kenyon, City Attorney
EXHIBIT A
TASK ORDER
- 2 -
OAK #4850-6023-1119v1
TASK ORDER NO. ________
CITY OF PACIFICA
AND
__________________________
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and _______________ (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____________________ ($____________) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
[Signatures on Next Page]
CITY OF PACIFICA
- 3 -
OAK #4850-6023-1119v1
By:
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
______________________________
Date
By:
Date
By: Date
- 4 -
OAK #4850-6023-1119v1
ATTACHMENT “A”
SCOPE OF SERVICES
- 5 -
OAK #4850-6023-1119v1
ATTACHMENT “B”
COMPENSATION
TASK ORDER NO. 1
CITY OF PACIFICA AND
CSG CONSULTANTS, INC.
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct CSG Consultants, Inc. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and CSG Consultants, Inc., (“CONSULTANT”) hereto dated March 27, 2023 (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed One Hundred Forty-Nine Thousand Three Hundred Sixty and zero /100 ($149,360) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 180 working days or as extended in writing by the City Engineer.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this 27th day of March 2023.
CITY OF PACIFICA
By: Date: __________________
Kevin Woodhouse, City Manager
Approved As To Form:
By: Date: __________________
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: CSG CONSULTANTS, INC.
By: Date: __________________
Nourdin Khayata, Vice President
ATTACHMENT “A”
SCOPE OF SERVICES
550 Pilgrim Drive
Foster City, CA 94404
phone 650.522.2500
fax 650.522.2599
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | FRESNO | ORANGE March 8, 2023
Raymund Donguines, PE
Senior Civil Engineer
Engineering Division
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Re: Construction Management Services for FY 2023-24 Pavement Resurfacing Project Dear Mr. Donguines,
CSG Consultants, Inc. (CSG) is pleased to present our proposal to provide construction management services for the FY 2023-24 Pavement Resurfacing Project (project) to the City of Pacifica (City). Our firm brings specialized municipal expertise, proximity to the project, an existing successful working relationship with the City, and knowledgeable and experienced staff.
Scope of Work
CSG understands that the City of Pacifica is seeking construction management services for the FY 2023-24 Pavement Resurfacing Project. We have reviewed the plans and specifications and understand that the work includes crack sealing, polymer modified type II slurry seal, type III double slurry seal, rubber chip seal, type III micro surfacing spot repairs, 3” base repairs, cold planning, surface reconstruction, AC overlay, thermoplastic striping and marking.
• Construction Management Services – The CM shall be responsible for performing all tasks necessary to provide construction management and inspections services for the project.
Proposed Personnel
For this project, CSG proposes Dave Bishop, PE, as the Construction Manager. He is a licensed Professional Civil Engineer and Principal Engineer for CSG and has over 24 years of experience in program management, geotechnical, civil and municipal engineering, and construction management. He has been providing Resident Engineering services to the City of Pacifica for the last five years on several projects. Mr. Bishop will oversee and manage the construction management team for the entire duration of the project. CSG also proposes Brian LaPaglia to provide construction inspection services.
Mr. LaPaglia has recently served as the inspector for the 2022 West Pavement Rehabilitation Project for the City of South San Francisco (SSF), which involved cold in place recycling, base repairs, crack sealing, and RHMA and HMA mill, and fill along various streets throughout the City. Mr. LaPaglia is currently working on the Hillside Blvd Rd Diet in SSF which includes, ADA ramps, drainage improvements, new signals at Hillside and Lincoln, type II slurry seal, striping and signage.
CSGPROPOSAL TO THE CITY OF PACIFICA
CONSTRUCTION MANAGEMENT SERVICES FOR FY2023-24PAVEMENT RESURFACING PROJECT 2 Fee Schedule
Based on discussions with the City, we understand the anticipated project duration will be 60 working days, beginning on July 1, 2023. Provided in the table below is CSG’s proposed fee. CSG is also allotting hours for preconstruction, project close out, and geotechnical testing services.
Services
Hourly
Rate
Working
Days
Hours
per Day
Preconstruction
& Closeout
Total
Hours
Fee
Resident
Engineer
$220 60 3 24 204 $44,880
Construction
Inspection
$165 60 8 32 512 $84,480
Testing $20,000
Total Fee $149,360
We look forward to continuing our working relationship with the City of Pacifica. If you have any questions, please contact me at (650) 522-2524 or by email at [email protected].
Sincerely,
Nourdin Khayata
Vice President, Construction Management
David
LICENSES &
CERTIFICATIONS
Professional Civil Engineer
State of California | C71287
Caltrans Resident Engineers Academy
ICBO Certified Special Inspector
Reinforced Concrete
NASSCO PACP Certified
CPR Certification
New Concepts for Improving Public Works
Construction Inspection Skills
EDUCATION
Bachelor of Science, Civil Engineering
San Jose State University
| San Jose, CA
PROFESSIONAL
AFFILIATIONS
Water and Environment Federation (WEF)
California Water Environment Association
(CWEA)
American Public Works Association (APWA)
Bishop PE
Resident Engineer
Mr. Bishop is a licensed Professional Civil Engineer and Principal Engineer for CSG Consultants, Inc. and has over 30 years of experience in program management, geotechnical, civil & municipal engineering, and construction management. With his experience as an Assistant City Engineer, project manager, CIP Manager, and Resident Engineer, in various cities throughout San Mateo County, he has the extensive experience necessary to successfully design, manage, and achieve compliance with contract plans and specifications.
During the last twenty-two years Mr. Bishop has been managing a variety of projects in San Mateo County. Most recently he has managed several street and infrastructure improvement projects in the Cities of Burlingame, South San Francisco, San Mateo, Foster City, Pacifica, County of San Mateo and the Town of Colma. His experience with capital improvements has allowed him to assist Public Works divisions to identify and remedy several emergency projects and regulatory compliance efforts including sewer overflows, water main breaks, landslides, and storm drain flooding. He is familiar with the area and has managed several projects in conjunction with and adjacent to the City of Pacifica in the past.
R E L E V A N T E X P E R I E N C E
FY 2020 & 21 Pavement Rehabilitation Project, Project No. ST 2104 | South San Francisco, CA Mr. Bishop served as the construction manager for this pavement rehabilitation project. The project scope included concrete curb and gutters, ADA curb ramps, PCC valley gutters, base repairs, crack sealing, cold milling, remove surfacing and base, utility adjustments, storm drain pipes and manholes, HMA mill and fill, thermoplastic striping and markings, red curb painting, signage and HMA speed humps on 13 streets throughout the City of South San Francisco.
FY 2020-21 & FY 2021-22 Pavement Resurfacing Project | City of Pacifica, CA Mr. Bishop served as the construction manager for this pavement resurfacing project. The scope included approximately 40,000 SF of HMA base repair, crack sealing, polymer modified slurry seal, double slurry seal, chip seal, micro surfacing (cape seal), and pavement marking, signage and striping of local roads in the Fassler and Linda Mar area neighborhoods.
Ray Donguines, Contract value $1.7 Million
2019-2020 Street Rehabilitation Project | City of Pacifica, CA Mr. Bishop served as the construction manager for this pavement rehabilitation project. The scope included replacement of curb, gutter, sidewalk, ADA ramps, retaining walls, paving, striping and signage along Monterey Rd. The work also included a new bulb out adjacent to Ocean Shore school where new RRFB flashing beacons were installed.
Taylor Safe Routes to School and Green Infrastructure Project | City of Millbrae, CA 2019 Mr. Bishop served as the construction manager for this Safe Routes to School and Green Infrastructure Project in the City of Millbrae. The project also includes the first three bioretention basin installations in the City of Millbrae. Along with the new green infrastructure bioretention basins, project improvements also included paving, new pedestrian crossings curb extensions, upgraded sidewalks, ADA curb ramps, storm drain infrastructure, planting, irrigation, signs, street lights, and conduit. 2019 Pavement Repair Project | City of Millbrae, CA
Mr. Bishop served as the Resident Engineer for this pavement repair project. The scope of work includes the removal and replacement of curb & gutters, sidewalks, curb ramps and driveways, cold planning of asphalt concrete, cold-in-place recycling, placing asphalt concrete, utility adjustment, signage and striping. and associated work, including traffic control, stormwater pollution prevention. The project included pavement rehabilitation, ADA curb ramp upgrades, traffic signal repair, traffic handling plans, and traffic detours.
Brian
EDUCATION
Foothill College
| Los Altos, CA
LaPaglia
Construction Inspector
Mr. LaPaglia brings over 17 years of construction industry experience, with extensive background in pavement rehabilitation, general construction, plumbing, electrical, and structural work.
R E L E V A N T E X P E R I E N C E
2022 Hillside Blvd Road Diet Improvements Project – TR1906 | South San Francisco, CA Mr. Lapaglia is currently serving as the construction inspector for this road diet, resurfacing and signal enhancement project. The project scope includes concrete curb and gutters, ADA curb ramps, PCC valley gutters, trench drains, crack sealing, slurry sealing, utility adjustments, storm drain inlet replacement, traffic detector loops, thermoplastic striping and markings on Hillside Blvd in the City of South San Francisco. Contract value $900K 2022 West Pavement Rehabilitation Project -ST2204 | South San Francisco, CA Mr. Lapaglia served as a lead construction inspector for this pavement rehabilitation project.
The project scope included the installation of concrete curb and gutters, 90+ ADA curb ramps, PCC valley gutters, base repairs, crack sealing, cold milling, CIR (Cold in Place Recycling), remove surfacing and base, utility adjustments, storm drain inlet replacement, RHMA and HMA mill and fill, traffic detector loops, thermoplastic striping and markings, red curb painting on various streets to the West of JSB Blvd in the City of South San Francisco. Contract value $9.5 Million
El Camino Real Sewer Main Improvements & Adeline Drive Water Main Improvements | Burlingame, CA
Mr. Lapaglia served as the construction inspector for the sewer and water main improvements in the City of Burlingame. The sewer main improvement work consisted of replacing existing sewer mains along El Camino Real, Broadway, Sherman, Ray Drive and Trousdale.
Approximately 670 linear feet of new 12-inch, 925 linear feet of new 10-inch, and 2,063 linear feet of new 8-inch High-Density Polyethylene (HDPE) sewer mains were installed via pipe bursting and open trench methods. The Adeline Drive water main improvements work consisted of replacing and installing a new 6-inch Ductile Iron Pipe (DIP) water main along El Camino Real with tie-ins on Adeline Dr and El Camino Real.
Real Estate & Facilities | Oracle Corporation, Redwood Shores, CA Mr. LaPaglia provided daily support to the headquarter office employees, working closely with facility site managers, building operating engineers, employee service specialists ensuring requests were handled on a timely basis, completing requests within the assigned service level agreement. He was responsible for communicating effectively with customers for assigned work and special requests. He also assisted the EHS with monthly inspections of all campuses, ensuring compliance with state fire codes.
General Construction | US Real Estate Investments, Foster City, CA Mr. LaPaglia oversaw the tenant improvements, including plumbing, flooring, electrical, and finish work for 24-unit buildings.
Arash
EDUCATION
Bachelor of Science,
Environmental Engineering
San Diego State University
| San Diego, CA
Associates of Mathematics and
Physics,
Miramar College
| San Diego, CA
Kimia
Construction Inspector
Mr. Kimia provides clients with experience in engineering design, plan review, and construction inspection. This includes a variety of projects including grading, public improvements, and storm water. Prior to joining CSG, Mr. Kimi served as an Engineer in Training for a private consultant in San Diego where he assisted in the design and inspection of projects.
R E L E V A N T E X P E R I E N C E
2022 West Pavement Rehabilitation Project -ST2204 | South San Francisco, CA Mr. Kimia served as one of three inspectors for this pavement rehabilitation project. The project scope included concrete curb and gutters, ADA curb ramps, PCC valley gutters, base repairs, crack sealing, cold milling, CIR (Cold in Place Recycling), base repairs, utility adjustments, storm drain inlet replacement, RHMA and HMA mill and fill, traffic detector loops, thermoplastic striping and markings, red curb painting on various streets to the West of JSB Blvd in the City of South San Francisco. Contract value $9.5 Million
2022 Hillside Blvd Road Diet Improvements Project – TR1906 | South San Francisco, CA Mr. Kimia is currently serving as the construction inspector for this road diet, resurfacing and signal enhancement project. The project scope included concrete curb and gutters, ADA curb ramps, PCC valley gutters, trench drains, crack sealing, slurry sealing, utility adjustments, storm drain inlet replacement, traffic detector loops, thermoplastic striping and markings, red curb painting on Hillside Blvd in the City of South San Francisco. Contract value $900K FY 2020 & 21 Pavement Rehabilitation Project, Project No. ST 2104 | South San Francisco, CA Mr. Kimia served as the construction inspector for this pavement rehabilitation project. The project scope included concrete curb and gutters, ADA curb ramps, PCC valley gutters, base repairs, crack sealing, cold milling, remove surfacing and base, utility adjustments, storm drain pipes and manholes, HMA mill and fill, thermoplastic striping and markings, red curb painting, signage and HMA speed humps on 13 streets throughout the City of South San Francisco. Contract value $2.5 Million Mission Road Bicycle and Pedestrian Improvements | Town of Colma, CA Mr. Kimia served as the construction inspector for this federally funded roadway and pedestrian improvement project. The improvements included upgrades to the existing sidewalks and driveways, three bioretention basins and one flow through planter were installed. The biggest impact to overcome was maintaining access to the critical businesses along Mission Road. Many of the access points were completed by only removing half of the driveway at a time and others were completed by altering the work hours. Other challenges included pedestrian detours, temporary pathways, custom drainage improvements and working with the cemeteries to minimize traffic and noise impact to funeral precessions and ceremonies during the COVID-19 pandemic. 2019-2020 Street Rehabilitation Project | City of Pacifica, CA Mr. Kimia served as the construction inspector for this pavement rehabilitation project. The scope included replacement of curb, gutter, sidewalk, ADA ramps, retaining walls, AC paving, striping and signage along Monterey Rd. The work also included a new bulb out adjacent to Ocean Shore school where new RRFB flashing beacons were installed.
Taylor Middle School Safe Routes to School Project | City Of Millbrae, CA Mr. Kimia served as the construction inspector for this Safe Routes to School and Green Infrastructure Project in the City of Millbrae. The project also includes the first three bioretention basin installations in the City of Millbrae. Along with the new green infrastructure bioretention basins, project improvements also included paving, new pedestrian crossings curb extensions, upgraded sidewalks, ADA curb ramps, storm drain infrastructure, planting, irrigation, signs, street lights, and conduit.
ATTACHMENT “B”
COMPENSATION
CSGPROPOSAL TO THE CITY OF PACIFICA
CONSTRUCTION MANAGEMENT SERVICES FOR FY2023-24PAVEMENT RESURFACING PROJECT 2 Fee Schedule
Based on discussions with the City, we understand the anticipated project duration will be 60 working days, beginning on July 1, 2023. Provided in the table below is CSG’s proposed fee. CSG is also allotting hours for preconstruction, project close out, and geotechnical testing services.
Services
Hourly
Rate
Working
Days
Hours
per Day
Preconstruction
& Closeout
Total
Hours
Fee
Resident
Engineer
$220 60 3 24 204 $44,880
Construction
Inspection
$165 60 8 32 512 $84,480
Testing $20,000
Total Fee $149,360
We look forward to continuing our working relationship with the City of Pacifica. If you have any questions, please contact me at (650) 522-2524 or by email at [email protected].
Sincerely,
Nourdin Khayata
Vice President, Construction Management