APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the _____ day of _________________, 202__, by and between the City of Pleasant Hill ("City") and _NCE_____, ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.
1. Scope of Services. The Consultant shall furnish the following services in a professional manner:
Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than September 30, 2024.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $102,900 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 2 implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant will not:
a. make a governmental decision whether to:
1. approve a rate, rule, or regulation;
2. adopt or enforce a law;
3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
5. grant City approval to a contract that requires agency approval and to which the City is a party, or to the specifications for such a contract;
6. grant City approval to a plan, design, report, study, or similar item;
7. adopt, or grant City approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
b. serve in a staff capacity with the City and in that capacity participate in making a governmental decision as defined in 2 California Code of Regulations (“C.C.R”) § 18704(a) and (b) or perform the same or substantially all the same duties for the City that
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 3 would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.)
8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnity. Consultant agrees to defend (except for professional liability claims), indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses in connection therein), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. To the extent that any portion of the following requirements are satisfied through excess or umbrella coverage, such coverage shall be maintained on the same terms as are required for the primary policies under this Agreement.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers and employees for losses arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 4 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than two million dollars ($2,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 5 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
f. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Pleasant Hill business license.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Contra Costa, Martinez, California.
14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 6 If to Consultant: NCE
1003 West Cutting Blvd., Suite 110
Richmond, CA 94804
15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
18. 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.
19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 7 be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
20. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement shall be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
22. Termination. This Agreement may be terminated immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By:
Ethan Bindernagel, City Manager
Title:
Business License #
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney City Clerk
Attachments: Exhibit A – Scope of Services and Schedule of Charges
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 8 Exhibit A – Scope of Services and Schedule of Charges
City of Pleasant Hill – Engineering Division
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) P a g e | 11
2.5 Detailed Scope of Work (Revised October 18, 2024)
The following section represents our key assumptions and scope of work to complete this project. Following discussions with the City on September 20 and October 15, 2024, it is assumed that the project will no longer consider placing a pathway on the north side of Taylor Boulevard and the design will instead focus on replacing the existing AC path on the south side of the street. The design is anticipated to include reducing the corner radius of the Lucille Lane and Taylor Boulevard southeastern corner to provide adequate space for ADA compliant ramps for the shared use path, and landscape and irrigation design is included to address changes to the existing irrigation and landscaping where they are impacted by the proposed path.
Key Assumptions
City’s Responsibilities
NCE has assumed that the City will be able to provide the following to the extent available:
1. Any information readily available regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), boundary and property limits, site features, and existing or planned construction.
2. Readily available aerial or topographic maps.
3. Project requirements including design objectives, budget, constraints, and criteria.
4. Existing City technical specifications as the basis for developing/modifying new technical specifications.
5. Front-end specifications, including General Provisions and Special Provisions.
6. City Standard Provisions and Standard Design Criteria or details.
Topographic Surveying and Base Map
1. A topographic survey will be completed for the project corridor to establish a base map sufficient for developing civil design plans. This will also include record data location of the existing right-of-way for the mapping corridor.
2. Assume all improvement work will be within the City right-of-way.
Utility Coordination and Location
1. NCE will prepare and distribute utility notification letters to collect facility maps and as-builts, confirm utility planned work, and notify utilities of the City’s utility cut moratorium on improved streets. NCE will prepare and distribute a second round of letters to solicit feedback and the need for utility relocation or adjustments.
2. Utility location with GPR or potholing is not included in the scope of work. Any adjustments to avoid underground utilities will be addressed during construction.
3. Utility covers will be inventoried and shown and/or quantified on plans to develop bid quantities for adjusting and/or protecting utility covers.
Pathway Design
1. Pathway pavement section design recommendations will be based on visual condition surveys and available record information. Subsurface pavement investigation is not included in this scope of work.
2. Roadway maintenance pavement or civil design is not included in this scope of work.
Traffic Striping
1. Any impacted traffic striping is assumed to match existing patterns and include adjustments to meet current California Manual of Uniform Traffic Control Devices (MUTCD) standards.
City of Pleasant Hill – Engineering Division
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) P a g e | 12
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.
Traffic Control Plans
1. Traffic control plans are not included in the scope of work. It is assumed the City’s contractor will prepare traffic control plans in accordance with project technical specifications and requirements and submit them to the City for review.
Curb Ramps and Crosswalks
1. It is assumed that non-compliant curb ramps impacted by the project will be replaced or retrofitted in accordance with Caltrans standards. Curb ramps will be replaced or retrofitted based on guidance from the DOJ/DOT Joint Technical Assistance on Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing dated July 8, 2013. Further clarification on curb ramp replacement included in this scope of work is as follows:
a. Utility relocations (e.g., utility poles, utility boxes, and drainage inlets) required to construct curb ramps are not included in this scope of work.
b. All ramp construction shall be within the City right-of-way. c. 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.
2. Crosswalks and implied walkways between curb ramps will be designed in accordance with the latest Public Right-of-Way Accessibility Guidelines and Caltrans Design Information Bulletin 82-06 accessibility guidance for both running slope and cross-slope. This guidance will be reviewed with the City to confirm the design approach.
3. Site-specific curb ramp details will be provided and will use collected topographic survey information.
Stormwater Drainage and Compliance
1. No major drainage improvements are assumed for this project requiring significant stormwater drain and pipe alteration and/or reconstruction.
2. This project will be designed in accordance with the recent third reissuance of the San Francisco Bay MRP 3.0 and the new regulated project thresholds in Provision C.3 of the CCCWP. It is assumed that the contiguous 5,000 square feet of added sidewalk threshold will be exceeded, and any required green stormwater infrastructure will be addressed by draining the path to existing “self-retaining” landscaping.
Landscape Architecture and Irrigation Design
1. Proposed plant materials located between the new pathway and back of curb are recommended to include drought tolerant low maintenance plant materials, such as groundcovers.
2. Based on visual observations there appear to be multiple conflicts between the proposed alignment of the path and existing trees. NCE will evaluate the existing conditions and make recommendations for tree preservation, protection and removal if necessary. NCE has included time within the scope of work to coordinate with an Arborist to provide recommendations for tree preservation and protection.
3. Based on visual observations there appear to be several areas where proposed slopes may exceed 2:1. NCE will propose options to reduce the percentage of slopes which may include low dry stacked boulder walls to match existing.
4. Scope will include Irrigation Design. NCE will conduct a site investigation to document existing irrigation system and its condition. Upon completion of the site investigation NCE’s irrigation design sub-consultant will make City of Pleasant Hill – Engineering Division
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) P a g e | 13
recommendations for the modification/renovation of the existing system to conform to proposed pathways and planting areas. The irrigation design assumes that all plant materials on the south side of the path shall remain, and the existing irrigation system will be modified to provide 100% coverage of the existing plantings. Scope of Irrigation Design will include plans and specifications for the irrigation system.
5. The planting plans will include plant materials to match existing plantings along the southern side of the proposed path.
Scope of Work
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.
Task 1 – Project Management and Meetings
NCE’s Project Manager will arrange a kick-off meeting with the City to initiate work on the project. The objectives will be:
• Review of the Scope of Work
• Establish Lines of Communication
• Establish Project Schedule and Milestones
• Define Design and Operation Criteria
It is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery of a high-quality project within budget and on schedule. In addition to City staff (Engineering, Maintenance, etc.), NCE will research and coordinate, as needed, with other agencies such as PG&E, telecommunication, Contra Costa Water District, Central Contra Costa Sanitary District, stormwater, schools, etc., to identify any potential conflicts, requirements, or design issues early to help minimize delays (and costs) later in the design process or during construction. At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City needs.
Throughout the project, NCE staff will be available to attend monthly progress meetings with the City to maintain frequent communication and efficient decision-making with the City. Up to five (5) are assumed. Meeting summaries will be prepared and submitted to the City that include a completed activities summary, scheduled activities for next month, any issues identified from field review or data collection, updated project schedule, budget status, and other important project information identified in the kick-off meeting. The purpose of the progress meetings will be to identify and resolve any design or funding issues in a timely manner, present design alternatives and recommendations to City staff, and continue coordination with project stakeholders as necessary. Specific design submittal review meetings with City staff will be scheduled at each submittal milestone.
Task 1 Deliverables: Kick-off/Progress Meeting Agendas and Summaries Task 2 – CEQA Categorical Exemption
NCE has considered the proposed project and anticipates the pathway replacement activities can qualify for one of the 33 ‘classes’ of State CEQA Guidelines Categorical Exemptions (Sections 15301 through 15333). To assist the City in demonstrating and determining the proposed action falls within an exempt category, NCE will develop a ‘CatEx Package’ which includes the CEQA Administrative Record containing a detailed Project Description of project activities including demolition, grading, concrete pathway placement, electrical work, and irrigation; the results of database and field survey collected in Task 4.1; a CatEx Determination specifying the exemptions(s) under which the project activities fall; and a Notice of Exemption (NOE) form that summarizes the City’s determination with factual evidence.
City of Pleasant Hill – Engineering Division
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) P a g e | 14
If any of the exceptions to exemptions applies (Public Resources Code Section 21084(c), (d), and (e) and State CEQA Guidelines Section 15300.2) then the project no longer qualifies for a categorical exemption.
Although not required by CEQA Guidelines, NCE recommends the City file the NOE form with the County Clerk and the Office of Planning and Research. The benefit of filing an NOE is that it reduces the statute of limitations for filing a legal challenge to the project from 180 days after project approval to 35 days after filing of the NOE. Thus, filing a NOE reduces the timeframe within which a project is susceptible to legal challenge.
Assumptions:
• A CatEx is the appropriate level of CEQA documentation required. If ‘unusual circumstances’ occur, a Negative Declaration or Mitigated Negative Declaration may need to be prepared under a separate scope and fee. • Database search will not indicate a need for biological or cultural resources site surveys.
Task 2 Deliverables: CatEx Administrative Record with attached supporting documents; Notice of Exemption.
Task 3 – Stakeholder Coordination
3.1 Utility Coordination
As noted in the project Key Assumptions, NCE will share notification letters to applicable utility providers with a preliminary project schedule for street maintenance and rehabilitation, followed by planned treatment or excavation depth and approximate utility location information. This notification will occur at the time of project kick-off to allow utility providers to perform maintenance on their facilities prior to the utility cut moratorium on the street paving areas and evaluate the need for utility adjustments/lowering.
NCE will document all utility coordination notifications, conversations, and meetings with utility contacts and information in a matrix format with dates of correspondence. NCE will also keep the City informed of any project delays related to utilities.
Task 3.1 Deliverables: Utility notification letters and utility contact matrix.
3.2 Public Meetings
NCE will participate in and support the City in one (1) public outreach meeting to share and discuss the proposed design improvements with the community. The task shall include developing exhibits, figures, and other public outreach materials per the City’s requirements and needs.
Task 3.2 Deliverables: Public outreach exhibits, figures, and supporting materials for public outreach meeting.
Task 4 – Plans, Specifications, and Estimates (PS&E)
4.1 Design Data Gathering
NCE will review relevant available data and records from the City as listed in Task 1 and state Key Assumptions, and other sources that may be appropriate to support the preparation of project contract documents. These may include but are not limited to, as-built street improvement and infrastructure plans, 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.
Record data will be shown in their approximate location. Utility depths from available as-builts will be included in the base map. Based on our review we will identify any data gaps or missing information and provide this information to the City for review and discussion.
Task 4.1 Deliverables: Included in subsequent tasks.
City of Pleasant Hill – Engineering Division
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) P a g e | 15
4.2 Topographic Survey
NCE’s topographic surveyor, Mountain Pacific Surveys, will complete monument/control recovery, field investigation, and field surveys sufficient to prepare a topographic mapping product for Taylor Boulevard, as stated under Key Assumptions. The mapping shall be compiled at an agreed-upon scale with a 1-foot contour interval and will be based on the City Datum.
The mapping area shall be a corridor along the street section between the City southern right-of-way boundary and adjacent roadway shoulder, starting and stopping at the Lucille/Norse and Civic Drive intersections and including through the returns of these terminating streets. Mapping will extend 25 feet beyond the curb and return up the Lucille Avenue side street. The topographic data to be collected is more specifically defined as:
• Cross-sections at 50-foot intervals along with detailed surface topography and/or additional spot elevations as required defining the longitudinal and cross-slope grade breaks. • Surveyed locations for significant surface features. A structure inventory for sanitary and storm drain facilities reflecting rim and invert elevations, pipe direction, and size will be provided for accessible structures. • As no work is planned within the center median; the survey in this area will be limited to utility structures only, and for the purpose of the digital surface will be assumed as flat from curb to curb. • Location of all surface evident street monumentation within the mapping corridor. • Provide a finished draft topographic survey and AutoCAD Civil3D DTM surface.
Our surveyor will calculate the record data location of the existing right-of-way for the mapping corridor and 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 that property line data will not be based upon a field survey and is considered approximate.
Task 4.2 Deliverables: Topographic survey results.
4.3 65% PS&E
Using data collected in previous tasks, NCE will develop 65% design documents for the project. The design drawings will be based on base maps prepared using information collected in previous tasks and as stated in Key Assumptions. The 65% plans will incorporate typical design elements including layout plans, sidewalk layout and necessary grading, landscape design, right-of-way parcel lines, curb ramp layouts, typical cross-sections and construction details, and limits of work. Plan sheets will generally include title, demolition, improvements, limited striping and signage, planting, and construction details. Drawings will be scaled at a scale of 1” = 20’.
The Engineer’s Cost Estimate will be prepared in MS Excel format and based on the most recent construction cost data available to NCE for projects of this type. The 65% plans will be prepared in AutoCAD format on 24” x 36” sheets.
During the development of the 65% PS&E, we will discuss and confirm the proposed pathway alignment, potential conflicts with utilities and trees, subgrade stabilization measures, sidewalk geometric constraints and cross-slopes, noncompliant curb ramps, drainage issues, and possible utility conflicts/concerns.
Any required relocation for pedestrian push button(s) will be coordinated with the City and Contra Costa County, as the City has a maintenance agreement with the County for traffic signal equipment. This is anticipated at the southeast corner of the Lucille Lane intersection. NCE will not design the push button relocation and may reference County relocation efforts and proposed positioning of poles and equipment on the plans to provide adequate information to the City’s contractor.
Traffic control plans are not included in this scope of work.
City of Pleasant Hill – Engineering Division
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) P a g e | 16
It is assumed that all non-compliant curb ramps will be replaced or retrofitted (e.g., detectable warning surface embedded in concrete) in accordance with the latest Caltrans standards. Curb ramps will be replaced or retrofitted based on guidance from the Department of Justice/Department of Transportation Joint Technical Assistance on Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are altered through Resurfacing dated July 8, 2013.
Curb ramps will be identified as either Caltrans standard case or custom on the plans. Custom ramps will be detailed in the construction drawings. Ramps that can be replaced using a Caltrans or City standard case layout will not be included as a detail in the construction drawings.
The project will, to the extent possible and within the context of proposed rehabilitation, address visible drainage issues.
No major drainage improvements are assumed for this project which requires significant stormwater drain and pipe alteration and/or reconstruction.
NCE will prepare the Technical Specifications in MS Word format and will follow the City’s formatting conventions. The Technical Specifications and details will reference the City’s standard provisions and the latest Caltrans Standards. NCE will, however, recommend deviating from Caltrans Standards where necessary, if such changes improve the likelihood of achieving a successful construction project without compromising the integrity of the design.
NCE will prepare the Engineer’s Cost Estimate in MS Excel format based on the most recent construction cost data available to NCE. This estimate will be updated and refined as the design effort progresses.
It is assumed that the City will require a 15-day review/comment period once the 65% PS&E package is submitted.
Task 4.3 Deliverables: Electronic copy (PDF and MS Word) of 65% PS&E.
4.4 95% PS&E
The 65% PS&E will be revised to incorporate comments received from the City. NCE will meet with the City to review these comments, from which the 95% 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 95% PS&E will include additional design information and details typically expected at this stage of completion, such as refined curb ramp design, greater detail on drainage improvements, grading and retaining, and draft irrigation design. The 95% PS&E will then be packaged and submitted similarly to the 65% PS&E unless directed otherwise.
The Technical Specifications will be further refined 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 15-day review/comment period once the 95% PS&E package is submitted.
Task 4.4 Deliverables: Electronic copy (PDF and MS Word) of 95% PS&E.
4.5 Final (Bid Set) PS&E
The 95% 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 (Bid Set) 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 (Bid Set) PS&E will include all notes and details necessary for construction.
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 Engineer, and the final PS&E will be delivered to the City in both hard copy and electronic formats.
City of Pleasant Hill – Engineering Division
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) P a g e | 17
Task 4.5 Deliverables: Electronic copy (PDF and MS Word) of Bid Set PS&E. Hard copies of full size and 11”x17” size plans.
The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2024, MS Word, and MS Excel, respectively.
City of Pleasant Hill
Taylor Boulevard Sidewalk Installation Project (Lucille Lane/Norse Drive to Civic Drive) Fee Estimate (Revised)
October 15, 2024
NCE Labor Hours
Task Description
Project
Manager
Principal
QA/QC
and
Planner
Project
Engineer/
Scientist
Staff
Engineer/
Landscape
CADD
Designer Clerical
NCE
Labor
Hours
Labor
Expenses
Surveying
(MPS)
Irrigation
Design
(RMA) Arborist
Reimbursable
Expenses Total Cost
Rate $265 $335 $205 $165 $160 $115
1. Project Management and Meetings 21 4 0 9 0 4 38 $ 8,850 $ - $ - $ - $ 200 $ 9,100
2. CEQA Categorical Exemption 0 2 8 4 0 0 14 $ 2,970 $ - $ - $ - $ 600 $ 3,600
3. Stakeholder Coordination
3.1 Utility Coordination 1 8 9 $ 1,585 $ 100 $ 1,700
3.2 Public Meetings 8 4 20 2 34 $ 6,990 $ 200 $ 7,200
Sub-Totals 9 4 0 28 0 2 43 $ 8,575 $ - $ - $ - $ 300 $ 8,900
4. Plans, Specifications & Estimates (PS&E)
4.1 Design Data Gathering 1 12 13 $ 2,245 $ 1,650 $ 100 $ 4,000
4.2 Topographic Survey 1 1 $ 265 $ 10,296 $ - $ 10,600
4.3 65% PS&E 14 8 0 80 50 152 $ 27,590 $ 1,100 $ 100 $ 28,800
4.4 95% PS&E 14 8 0 70 36 128 $ 23,700 $ 2,750 $ 100 $ 26,600
4.5 Final (Bid Set) PS&E 6 4 0 16 16 2 44 $ 8,360 $ 2,750 $ 200 $ 11,300 Sub-Totals 36 20 0 178 102 2 338 $ 62,160 $ 10,296 $ 7,150 $ 1,100 $ 500 $ 81,300 Total 66 30 8 219 102 8 433 $ 82,555 $ 10,296 $ 7,150 $ 1,100 $ 1,600 $ 102,900
APPENDIX C - SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES 9 CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California.
Executed on this _____ day of _________________, 20__, at _________________, California. _______________________________________________________ [Add Consultant's name and title]