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MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 24th of April 2023 by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and NCE (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires civil engineering, geotechnical engineering, pavement engineering, landscape architecture, biological resources, and water resources consultant services; 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 consistent with the professional skill and care ordinarily provided by engineers practicing in the same or similar locality under the same or similar circumstances. 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.
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.
ATTACHMENT 1
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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 a 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 CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT - 3 -
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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, P.E., its Deputy Director of Public Works, 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 J. Ryan Shafer P.E., GE, its Principal, 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.
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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 except as allowed by law pursuant to Civil Code section 2782.8. 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.
To the extent that CONSULTANT, is a design professional, as that term is defined in Civil Code section 2782.8(c)(3), the 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 (collectively “Claims”), defend, indemnify and hold harmless CITY, its officials, officers, employees and agents (“CITY Parties”) from those Claims that are caused by the negligence, recklessness, or willful misconduct of the Consultant. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
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 - 5 -
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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.
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 (cross- liability 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 - 6 -
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• 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 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: Kevin Woodhouse, City Manager
540 Crespi Drive
Pacifica, CA 94404
Phone: (650) 738-7409
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Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: J. Ryan Shafer, P.E., GE, Principal
501 Canal Boulevard, Suite I
Pt. Richmond, CA 94804
Phone: (510) 215-3620
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. 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.
7.2. 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.
7.3. 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.
7.4. 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.
7.5. 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.
7.6. 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.
7.7. 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. - 8 -
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7.8. 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.
7.9. 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.
7.10. 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.
7.11. 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.
[Signatures on Next Page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
By: Date
EXHIBIT A
TASK ORDER
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EXAMPLE OF
TASK ORDER NO. 1
CITY OF PACIFICA
AND
CONSULTANT
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct CONSULTANT 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 (“CONSULTANT”) hereto dated _____________, 20__ (“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 AMOUNT ($amount) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 45 days 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 ________ , 20___
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CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date
J. Ryan Shafer, P.E., GE, Principal
By: Date
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ATTACHMENT “A”
SCOPE OF SERVICES
ATTACHMENT “B”
COMPENSATION
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TASK ORDER NO. 1
CITY OF PACIFICA AND
NCE
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct NCE 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 NCE (“CONSULTANT”) hereto dated April 24, 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 Fifty Five Thousand Eight Hundred and no/100 ($155,800.00) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 365 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 24th day of April 2023.
CITY OF PACIFICA
By: Date: _________________
Kevin Woodhouse, City Manager
Approved As To Form
By: Date: __________________
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: NCE
By: Date: _______________________
J. Ryan Shafer, P.E., G.E. Principal
ATTACHMENT “A”
SCOPE OF SERVICES
City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
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PROJECT UNDERSTANDING AND APPROACH
NCE understandsthat the City of Pacifica (City) isseeking for professional services to provide engineering design and develop plans, specifications and estimate (PS&E) for City’s Sharp Park PDA Pedestrian Improvement Project. It will include the installation of new ADA compliant driveways and curb ramps, curb and gutter to improve storm water conveyance, concrete sidewalk to close existing sidewalk gaps and sidewalk widening, and bicycle striping along Paloma Avenue, Carmel Avenue and Santa Maria Avenue from Beach Boulevard to Francisco Boulevard (see project locations on the map). In addition, a surface seal treatment will be applied with remove and replace failed pavements on project sections with approximately $1.8 million construction costs. We understand that the City would like to begin design to complete construction documents for bidding in Spring 2024 and begin construction in Summer 2024.
Key Assumptions
In order to deliver the most cost‐effective design strategy, we have made the following key assumptions:
City’s Responsibilities
NCE has assumed that the City will be able to provide the following to the extent available:
1. Provide information regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), and existing construction as available.
2. Provide project requirements, including design objectives, budget, constraints, and criteria.
3. Provide existing technical specifications as the basis for developing new technical specifications.
4. Provide City Standard Provisions and Standard Design Criteria.
5. Provide electronic files of City’s cover sheet template, if preferred.
6. Provide Front End specifications.
7. Provide bike path and pedestrian master plan as the reference.
8. Provide funding information.
Pavement Design
1. Pavement design will be based on observed field conditions and City’s maintenance and rehabilitation strategies utilized in City’s annual resurfacing and rehabilitation projects. Assume only surface seal (slurry seal, double slurry seal, cape seal, etc.) will be applied on selected sections in this project. No rehabilitation or reconstruction will be involved.
2. Since only surface seal with base repairs will be applied on pavement, no pavement coring or deflection testing will be conducted in this project.
3. Base repairs will be measured in length and width to estimate base repair bid quantities and shown on plan view for all street sections. It is the intent that base repair quantities will be for bidding quantity purposes only and that actual locations will be re‐marked by NCE with the City’s inspectors prior to construction as City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 2
an optional task. Assume same criteria of marking base repairs form City’s annual resurfacing and rehabilitation projects will be utilized in this project. Base repair depths will be assumed based on street functional classification, unless otherwise directed by City staff.
Topographic Surveying, Base Maps, and Right‐of‐Way
1. A topographic survey will be completed for the street sections identified in this project from the existing back‐of walk to the opposite back‐of‐walk to establish a base map sufficient for developing civil design plans for the proposed driveway improvements and sidewalk gap closure sections. The survey limit will extend to approximately 10’ behind the back of walk in those locations identified for new driveway replacement or sidewalk installation in City’s preliminary improvement plan. This will also include record data location of the existing right‐of‐way for the mapping corridor. Right‐of‐way take and easements are currently not included in this scope of work, but if necessary, it can be added for additional scope and fee
2. A critical assumption is that all street resurfacing and improvement work will be within City right‐of‐way, as this has impacts to the level of effort required to completion of design.
Utility Coordination and Location
1. Assumes no significant roadway reconstruction requiring lowering or relocation of utilities.
2. NCE will prepare and distribute utility notification lettersto collect facility maps and as‐builts, confirm utility planned work, and notify utilities of the City’s utility cut moratorium on improved streets.
3. The subject street sections are expected to be candidates for preventive maintenance (surface seal) only, utility location is currently not included in our scope of work. If significant roadway reconstruction is required, we will discuss with the City utility location options (e.g., GPR) and can provide for additional scope and fee.
Traffic Striping
1. Traffic striping is assumed to match existing striping.
2. No significant traffic striping changes or design requiring traffic studies or assessment of traffic impacts is planned or included as a part of this scope.
3. Striping plans will be developed with new installation of shared roadway bike markings on Paloma Avenue between Beach Boulevard and Francisco Boulevard.
Traffic Control Plans
1. Traffic control plans are not included in scope of work. We have assumed as is typical to have contractor prepare traffic control plans in accordance with project technical specifications and requirements and submit to the City traffic engineering group for review.
Curb Ramps
1. It is assumed that non‐compliant curb ramps will be replaced or retrofitted (e.g., detectable warning surface embedded in concrete) in accordance with Caltrans standards, which we have identified total 4 locations.
Curb ramps will be replaced or retrofitted based on guidance from the Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are altered through Resurfacing dated July 8, 2013. For the purposes of developing this scope of work, we have assumed that surface seal streets that will receive slurry seal or double slurry seal applications and will not require further assessment and/or replacement of curb ramps City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 3
aside from the four locations identified in City’s preliminary improvement plan. . Further clarification on curb ramp replacement included in this scope of work is as follows:
a. Replaced/retrofitted/added curb ramps are assumed to be readily constructed with only minor grade adjustments.
b. Utility relocations (e.g. utility poles, utility boxes, and drainage inlets, for example) required to
construct curb ramps are not included in this
scope of work.
c. All ramp construction shall be within City ROW.
d. For curb ramps within hills or steepened grades,
curb ramp design shall only extend up to 15 feet in
the uphill direction, beyond which is considering
chasing the grade.
Curb ramps will be field verified to determine the appropriate standard case ramp and NCE will develop a curb ramp detail for those that will require a custom curb ramp.
Curb and Gutter and Sidewalk
1. New sidewalk will be installed on locations identified by the City to close existing sidewalk gaps. Other existing sidewalk replacement is not included in this scope of work, but can be added if required for additional scope and fee.
2. Curb and gutter sections will only be replaced to the extent that it affects pavement treatment (e.g., tree root uplift or settlement) or to improve drainage.
E‐76 for Construction
1. Federal funding will be provided for this project.
2. No federal funds are being used to prepare the PS&E or prepare the E‐76 for Construction.
3. The City will provide documentation that Air Quality Conformity Analysis has been completed.
4. This scope of work does not include developing legal plats and descriptions, reviewing franchise agreements, owner claim of liability title report and appraisal, and utility relocation plans.
5. NCE understands that the approximate right‐of‐way (ROW) will be established based on information provided by our surveyor.
6. Improvements will be constructed within the City’s ROW.
7. Utility adjustments will be limited to utility cover raising and lowering; no utility relocation is expected or included in this scope of work.
8. Utility adjustment costs will be covered by the utility owners and/or the City, and the City will only seek federal reimbursement for federally participating items.
9. NCE will request facility maps from each affected utility as early as possible.
10. NCE will notify utilities of potential conflicts in writing at least 6 months in advance of the construction start date.
City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Scope of Work
Date: April 5, 2023
Page | 4
11. City will provide and NCE will coordinate and assist the City with the following LAPM forms: Exhibit 6‐A Preliminary Environmental Study (PES), Exhibit 13‐B Right of Way Certification, and Exhibit 3‐A Project Authorization/Adjustment Request.
Construction excavation depths are expected to be within existing pavement and concrete sections and will not extend into native subgrade.
The purpose of our services will be to provide pavement and civil engineering design in support of the planned project by the City. To accomplish the stated purpose, we propose the following scope of services.
Project Scope
Task 1 – Project Management & Meetings
1A) Project Kick‐off Meeting/Progress Meetings:
NCE’s Project Manager will arrange a Kick‐Off Meeting with the City to initiate work on the project. The objectives of the Kick‐Off Meeting will be:
Review of the Scope of Work
Establish Lines of Communication
Confirm Deadlines
Establish Project Schedule and Milestones
Define Design and Operation Criteria
Whether a simple preventive maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery a high‐quality project within budget and on schedule.
In addition to City staff (Engineering, Maintenance, etc.), NCE will At the Kick‐Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City needs.
During the course of the project, NCE will be seeking to develop the most appropriate and cost‐effective pavement surface seal alternatives as we completed in FY 2020/21 to FY 2023/24 pavement resurfacing program to stay within the planned project budget and schedule.
Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the City to maintain good communication for this project to offer up efficiency and reduce the number of design review and coordination meetings. Therefore, we have assumed up to two (2) meetings for this project. The purpose of the progress meetings will be to identify and resolve any design or funding issues that may surface in a timely manner, present design alternatives and recommendationsto City staff, and continue coordination with projectstakeholders as necessary.
Deliverables: Kick‐off/Progress Meeting Agendas and Minutes Task 2 – Pavement Design
The scope of work we would perform under this task consists of the following:
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2A) Pavement and Curb & Gutter Condition Survey:
NCE will perform a pavement condition survey of each street section based on existing distresses. The surveys will generally cover the travel and parking lanes. Pavement condition surveys serve the purpose of further refining the appropriate pavement surface treatments.
This condition survey will generally note the presence of load related and environmental distresses,such as alligator cracking, longitudinal and transverse cracking, rutting, patches and utility cuts, distortions and depressions as they pertain to developing appropriate pavement treatments. In addition, potential base repairs will be identified in the condition survey. Our scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, or short‐term maintenance that should be performed (i.e. pothole that should be repaired).
A visual assessment of all curb and gutters will be included to identify areas where drainage or the adjacent pavement has been compromised. Our scope will limit repair recommendations to only those sections of curb and gutter that are damaged to the extent that they will affect pavement surface seals or cause ponding water or tripping hazard (i.e., tree root damage extending into pavement). If damaged curb and gutter areas are more extensive than anticipated, it may require additional time to complete, and we will notify the City if more time is required to complete these surveys.
For curb and gutter replacement, NCE will utilize the condition criteria for assessment and replacement developed from City’s annual resurfacing and rehabilitation projects. Based on the criteria established with the City, NCE will then determine what level of curb and gutter replacement will be pursued for design plans and documents. 2B) Pavement Design Recommendations:
Based on pavement condition and distresses observed in Task 2A, NCE will perform pavement analysis and design services, and develop pavement preventive maintenance recommendations for each street section. NCE will develop recommendations including, but not limited to, the following:
Slurry seals
Microsurfacing
Double slurry seals
Conventional or rubber cape seals
Multi‐layer surface seals
NCE will then summarize its recommendations in a pavement design tables to the City that, at a minimum, will include street inventory, pavement condition index (PCI), base repair percentage, and recommended treatments.
NCE will submit the draft pavement design tables to the City for initial review. Upon receipt of any comments from the City, NCE will then prepare its final pavement design tables and submit to the City.
Task Deliverables: Draft & Final Pavement Design Tables.
Task 3 – Plans, Specifications & Estimates (PS&E)
The work that will be performed during developing design PS&E are outlined in the subsequent Tasks. 3A) Design Data Gathering:
NCE will review relevant available data and recordsfrom the City aslisted in the previous section, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, the City drainage structure inventory maps, aerial City of Pacifica
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photographs of the City; as‐built street improvement and infrastructure plans, Bike and Ped Master Plan, as‐built plans from utility providers, including any preliminary plans for future work that may conflict with this project. The gathered information will be compiled and included in the base map used for design, if any this information is missing from the topographic survey. It shall be noted that available record data (e.g., utilities, right‐of‐way) used to supplement the survey for streets in this project will only be shown in their approximate location and that the depth of utilities will not be indicated.
3B) Topographic Surveys:
NCE’s Project Surveyor will complete monument/control recovery, field investigation and field surveys sufficient to prepare a topographic mapping product for the streets in this project. The mapping shall be compiled at an agreed upon scale with a 1’ contour interval and will be based on the City Datum.
The mapping area shall be a corridor along each of the streetsections between the existing back of walk to opposite back of walk, starting and stopping at the designated cross street locations and including through the returns of the terminating streets. In the absence of an existing sidewalk, the survey will extend to 5 feet behind the curb or edge of pavement, or up to the first substantial barrier (wall, fence, etc.), whichever occurs first. Lastly, the mapping will extend 25 feet beyond the curb return up each intersecting side street. In addition to the limits above, and in reference to the City of Pacific preliminary plan mentioned above, the survey limit will extend to approximately 10’ behind the back of walk in those cross‐hatched areas identified for driveway replacement or new sidewalk installation. The topographic data to be collected is more specifically defined as:
Cross‐sections at 50’ intervals along with detailed surface topography and/or additionalspot elevations as required defining the longitudinal slope/grade breaks. Typically, the cross section will include back of walk, top of curb, flowline and lip of gutter, a pavement elevation approx. 5’ from the lip of gutter, and the pavement centerline.
Surveyed locations for significant surface features, such as curbs, gutters, sidewalks, curb or sidewalk drain outlets, driveways, misc. concrete, pavement,striping, fences,surface utilities, trees, signs,street lights and signals will be included.
Location of all surfaces evident street monumentation within the mapping corridor (for preservation and Record R/W purposes).
ADA level survey of the four curb returns/ramps identified on the preliminary plan for upgrade. Provide a finish drafted topographic survey for each area of work, per NCE CAD drafting standards. Provide Triangular Irregular Network (TIN) surface for each street section.
Based upon a combination of record data and any monuments collected during topographic surveying, oursurveyor will calculate the record data location of the existing right‐of‐way for the mapping corridor. Additionally, our surveyor will calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation). It should be noted this property line data will not be based upon a field survey and should be considered approximate only.
Task Deliverables: Topographic survey results.
3C) 60% PS&E:
NCE will prepare the 60% PS&E for the planned surface seal street sections with driveway and sidewalk improvements. The 60% plans for subject street sections will incorporate typical design elements including layout plans for street sections, pavement treatments, right‐of‐way parcel lines, wedge grinds, conform grind locations at intersecting side streets, typical cross‐sections, curb and gutter repairs, gutter flow line for drainage repairs, curb ramp replacement and details and limits of work. Additionally, a table summarizing major work items (e.g. surface seal area, base repair area, etc.) and their estimated quantities will be developed and included on the respective plan sheets. We find that this information is particularly useful to contractors when assembling construction bids City of Pacifica
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and schedules, thus resulting in more competitive bids, and to the City for verifying pay quantities during construction.
NCE understands that the City will provide the “Front End” documents and Special Provisions. The technical specifications will be prepared in MS Word format and will follow the City’s formatting conventions. The technical specifications and details will reference Greenbook Standards, the City’s standard provisions and Caltrans 2018 Standards (including subsequent updates). NCE will, however, recommend deviating from Caltrans standards where, from our experience, such changes will improve the likelihood of achieving a successful construction project without compromising the integrity of the design. NCE recognizes the value of incorporating Caltrans Standard Specifications in projects such as these, both because these specifications have been developed by an agency that designs and builds a vast amount of highway work, and because most contractors performing public works construction in Northern California are familiar with them. Caltrans, however, has the resources to administer projects quite differently than most local agencies,so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities, needs, and budgets of municipal agencies.
NCE also believes that an efficient yet thorough Quality Control/Quality Assurance program is essential for getting the maximum value out of every dollarspent on construction. Projects designed by NCE therefore, contain technical specificationsthat attempt to optimize the balance between using rigid, but time‐tested,specifications and meeting local agency needs, with the ultimate goal of obtaining the very best value for its clients.
The Engineer’s Cost Estimate will be prepared in MS Excel format and will be based on the most recent construction cost data available to NCE for projects of this type. Because of NCE’s involvement in the design and construction of numerous similar projects throughout California, we are confident in our ability to estimate the construction cost of the City’s project. This initial estimate will then be updated and refined as the design effort progresses.
It is assumed that the City will require a 5 to 10‐day review/comment period once the 60% PS&E package is submitted.
Deliverables: One reproducible copy of 60% plans, technical specifications, and engineer’s estimate. 3D) 90% PS&E:
The 60% PS&E will be revised to incorporate commentsreceived from the City. NCE will meet with the City to review these comments, from which the 90% PS&E will be prepared. NCE will provide a response to each comment that is included in a comment table provided by the City. The 90% PS&E will include additional design information and details typically expected at this stage of completion. The 90% PS&E will then be packaged and submitted similar to the 60% PS&E unless directed otherwise.
The technical specifications will be further refined and at this stage of the design. We will review and comment on the City’s Front End documents (bid and contract forms, General Provisions, Special Provisions, etc.), which the City will prepare and provide. The Engineer’s Cost Estimate will also be updated to reflect the revised quantities of work depicted on the plans.
It is assumed that the City will require a 5‐day review/comment period once the 90% PS&E package is submitted.
Deliverables: One reproducible copy of 90% plans, technical specifications, and engineer’s estimate. 3E) Final (100%) PS&E:
The 90% PS&E will be revised to incorporate comments received from the City. NCE will again meet with the City to review these comments, from which the final (100%) PS&E will be prepared. NCE will provide a response to each comment that is included in a comment table provided by the City. The final (100%) PS&E will include all notes and details necessary for construction. One reproducible copy of the final (100%) PS&E will then be packaged and City of Pacifica
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submitted similar to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 5‐day review/comment period once the final (100%) PS&E package is submitted.
Upon receipt of the City’s final review comments, the project documents will be finalized for bidding purposes.
A final quantity calculation will be tabulated, and this will be entered into the final Engineer’s Cost Estimate for the project. All final documents will be reviewed, stamped and signed by NCE’s registered civil engineer, and the final PS&E will be delivered to the City in both hard copy and electronic formats.
Deliverables: One wet‐signed and one electronic file of the final plans, technical specifications, and engineer’s estimate. The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD, Microsoft Word, and Microsoft Excel, respectively.
Task 4 – E‐76 for Construction
4A) Environmental (NEPA) Clearance and Field Review
NCE will prepare and submit the request for a Field Review by Caltrans District 4. Following the field review, Caltrans determines the environmental studies required to achieve NEPA clearance. Based on our experience and preliminary review of the environment and resources near the proposed project area, we have included in this scope and fee the technical studies which we anticipate will be required by Caltrans. However should Caltrans require a NEPA document other than a categorical exclusion, or additional technical studies other than those listed in the deliverables below, NCE can provide these services for an additional scope and fee. To complete Environmental (NEPA) Clearance and Field Review NCE will complete the below deliverables.
Deliverables:
1. Meeting Summary of Field Review meeting lasting up to two (2) hours
2. Preliminary Environmental Study (PES) Section A (Exhibit 6‐A in the Local Assistance Procedures Manual)‐NCE will coordinate with City
3. Field Review Form (Exhibit 7‐B)
4. Roadway Data Sheets (Exhibit 7‐C)
5. Federal Emergency Management Agency (FEMA) Floodplain Maps (i.e., Firmettes)
6. U.S. Fish and Wildlife Service (USFWS) Species List by Quad
7. A Visual Resource Assessment Questionnaire
8. Geotracker Hazardous Waste Information
9. Equipment Staging Technical Memo
10. Water Quality Technical Memo
11. Hazardous Materials Technical Memo
12. Right of Way Information Technical Memo
13. Traffic Technical Memo
14. Location Hydraulic Study and Summary Floodplain Encroachment Report Technical Memo
15. Summary Floodplain Encroachment Report
16. Location Hydraulic Study
4B) Right‐of‐Way Certification
NCE will complete the right‐of‐way (ROW) Long Form (Exhibit 13‐B) and submit to Caltrans for their review and ROW Certification number. Based on NCE’s understanding of the proposed project, tasks that relate to ROW certification include utility cover adjustments. NCE also anticipates that the project will be completed within the City’s ROW and will not require a permission to construct from property owner(s), or easements or ROW acquisition.
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If in fact easements or ROW acquisition will be necessary, NCE can provide these services for an additional scope and fee. NCE will complete the below exhibits for the City to provide to utility owners and to Caltrans to facilitate ROW Certification:
Deliverables:
1. Right of Way Certification (Exhibit 13‐B)‐NCE will coordinate with City
2. FHWA Specific Authorization/Approval of Utility Agreement (Exhibit 14‐C)
3. Notice to Owner(s) for all affected Utilities (Exhibit 14‐D)
4. Local Agency/Utility Owner Special Agreement (Exhibit 14‐I) 4C) Request for Authorization to Proceed with Construction NCE will prepare the Request for Authorization to Proceed with Construction (Caltrans E‐76 package) forsubmission to Caltrans. NEPA and ROW Clearance from Caltrans are required before submitting the final Request for Authorization to Proceed with Construction. NCE will complete the following documents for the E‐76 package to be submitted to Caltrans:
Deliverables:
1. Copy of FTIP/FSTIP Project Detail Report
2. Request for Authorization to Proceed with Construction (Exhibit 3‐A)‐NCE will coordinate with City
3. Completed Finance Letter (Exhibit 3‐O)‐NCE will coordinate with City
4. Finalized PES Form (Exhibit 6‐A)
5. Civil Rights and Disadvantaged Business Enterprise Agreements (Exhibit 9A‐9D)
6. Preliminary Estimate of Cost (Exhibit 12‐A) or equivalent
7. PS&E Checklist (Exhibit 12‐D)
8. Local Agency Construction Contract Checklist (Exhibit 15‐A) Task 5 – As Needed Professional Services (Optional)
NCE will assist the City with as needed professional services that may include surveying additional curb ramps if needed, marking base repairs with the contractor during construction, advising the City during construction regarding pavement treatments, and other items that may come up during the course of design and construction.
SCHEDULE
NCE will provide a detailed design schedule to achieve delivery of construction documents for bidding in Spring 2024 once we have a notice to proceed and agreement on the revised scope of work. We will discuss further the level of effort and time to complete construction documents given the scope of work.
FEE ESTIMATE
NCE will provide the defined scope of work for a not to exceed fee of $120,700 and $128,200 with optional Task 4 in accordance with the attached schedule of charges. Further cost detail is provided in the attached fee estimate.
SHARP PARK IMPROVEMENTS PROJECT STREET LIST
City of Pacifica
Sharp Park Improvement Project Street List
Street ID
Section
ID
Street Name From To Ln
F
C
Length
(ft)
Widt
h
(ft)
Area
(sf)
2022
PCI
Treatment
PALOMA 2425A Paloma Avenue - 2425 PALMETTO AVE BEACH BLVD 2 R 592 30 17,760 34 Surface Seal PALOMA 2425B Paloma Avenue - 2425 PALMETTO AVE FRANCISCO BLVD 2 R 565 33 18,645 58 Surface Seal CARMEL 2110A Carmel Avenue - 2110 BEACH BLVD PALMETTO AVE 2 R 577 29 16,733 70 Surface Seal CARMEL 2110B Carmel Avenue - 2110 PALMETTO AVE FRANCISCO BLVD 2 R 518 24 12,432 15 Surface Seal SANTAM 2490A Santa Maria Avenue - 2490 PALMETTO AVE BEACH BLVD 2 R 583 29 16,907 63 Surface Seal SANTAM 2490B Santa Maria Avenue - 2490 FRANCISCO BLVD PALMETTO AVE 2 R 519 25 12,975 12 Surface Seal 1 April 2023
ATTACHMENT “B”
COMPENSATION
FEE ESTIMATE
Task Description Principal
Project
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer Clerical
Labor
Expenses
Topographic
Surveying
Reimbursable
Expenses Total Cost
Rate $310 $245 $205 $180 $155 $105
1. Project Management & Meetings
1A. Project Kick-off and Progress Meetings 2 8 8 4 2 5,050 $ 5,100 $ Sub-Total 2 8 8 0 4 2 5,050 $ - $ - $ 5,100 $
2. Pavement Design
2A. Pavement and C&G Condition Survey 2 10 8 1 3,635 $ 600 $ 4,200 $ 2C. Pavement Design Recommendation 4 4 2 8 1 4,175 $ 100 $ 4,300 $ Sub-Total 4 6 2 18 8 2 7,810 $ - $ 700 $ 8,500 $
3. Plans, Specifications & Estimates (PS&E)
3A. Design Data Gathering 2 4 16 1 3,795 $ 200 $ 4,000 $ 3B. Topographic Surveying 2 4 1 1,415 $ 28,710 $ 100 $ 30,200 $ 3C. 60% PS&E 8 12 50 140 1 37,475 $ 100 $ 37,600 $ 3D. 90% PS&E 4 6 24 80 1 20,135 $ 100 $ 20,200 $
3E. Final (100%) PS&E 4 4 12 64 2 14,810 $ 300 $ 15,100 $ Sub-Total 16 26 90 4 300 6 77,630 $ 28,710 $ 800 $ 107,100 $
4. E-76 for Construction
4A. Environmental (NEPA) Clearance and Field Review 1 4 50 1 $ 10,170 $ 200 $ 10,400 4B. Right-of-Way Certification 1 3 32 1 $ 6,725 $ 200 $ 6,900 4C. Request for Authorization to Proceed with Construction 2 3 50 1 $ 10,210 $ 100 $ 10,300 Sub-Total 0 4 10 132 0 3 27,105 $ - $ 500 $ 27,600 $
Total 22 44 110 154 312 13 117,595 $ 28,710 $ 2,000 $ 148,300 $
4. Optional Task
4. As Needed Professional Services 2 8 16 16 7,490 $ - $ 7,500 $ Sub-Total 0 2 8 16 16 0 7,490 $ - $ - $ 7,500 $
Total with Optional Task 22 46 118 170 328 13 125,085 $ 28,710 $ 2,000 $ 155,800 $ City of Pacifica
Sharp Park PDA Pedestrian Improvement Project
Fee Estimate
April 5, 2023
Labor Hours