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AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
Contract No. 2025-019
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (“AGREEMENT”) is made and entered into effective as of the 14th day of January, 2026, by and between the CITY OF SAN MARINO, a California municipal corporation, located at 2200 Huntington Drive, San Marino, CA 91108 , (“CITY”) and Nichols Consulting Engineers, Chtd. located at 2300 E. Katella Ave., Suite 125, Anaheim, CA 92806 (“CONSULTANT”).
W I T N E S S E T H:
For and in consideration of the promises and of the mutual covenants and agreements herein contained, said parties hereby agree as follows:
1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts:
A. CITY requires professional engineering design services (“SERVICES”); and B. CONSULTANT is qualified to provide certain services to the CITY necessary for said SERVICES; and, therefore, the CITY has elected to engage the services of CONSULTANT upon the terms and conditions hereinafter set forth.
2. SCOPE OF SERVICES.
A. CONSULTANT shall furnish to the City all labor, materials, tools, equipment, services, and incidental customary work necessary to fully and adequately perform those services set forth in Exhibits “A” and hereby incorporated by reference. To the extent that Exhibit A is a proposal from CONSULTANT, such proposals are incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT.
B. Performance of the SERVICES specified herein is made an obligation of CONSULTANT under this AGREEMENT, subject to any changes made subsequently upon the mutual written agreement of the parties.
C. The scope of services to be performed by CONSULTANT under this AGREEMENT shall include, but not be limited to, those services specified in Paragraph 2A hereof.
D. If there is a conflict between any of the provisions of the AGREEMENT and Exhibit A, this AGREEMENT shall have priority in the interpretation of the Parties rights and obligations under this AGREEMENT.
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3. PERFORMANCE STANDARDS. While performing this AGREEMENT CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CONSULTANT shall cooperate with CITY if CITY opts to monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have thirty (30) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. FAMILIARITY WITH WORK.
A. By executing this AGREEMENT, CONSULTANT agrees that, to the best of CONSULTANT’s knowledge and belief, CONSULTANT has
(i) Carefully investigated and considered the scope of services to be performed;
(ii) Carefully considered how the services should be performed; and (iii) Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
5. CITY SUPERVISION. Upon 24-hour notice from City, CONSULTANT shall allow City or City’s agents or representatives to inspect at CONSULTANT’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained CONSULTANT in connection with this AGREEMENT. City’s rights under this Section 5 shall survive for two years following the expiration or earlier termination of this Agreement. Pursuant to Section 02.06.05 of the San Marino City Code, this AGREEMENT shall not be made without the prior approval of the City Council if it is for professional services of thirty thousand dollars ($30,000.00) or more and shall be executed only by the mayor or city manager. Payment for any services rendered under this AGREEMENT shall be executed and approved by the city manager so long as this AGREEMENT is for professional services between five thousand dollars ($5,000.00) and thirty thousand dollars ($30,000.00).
6. FEE. Compensation to CONSULTANT for the total services to be rendered pursuant to this AGREEMENT shall be in an amount not to exceed $209,745.
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7. EXTRA SERVICES. Notwithstanding any other provision herein, no extra services shall be rendered by CONSULTANT under this AGREEMENT unless such extra services first shall have been authorized in writing by the CITY. Any such services so authorized shall be paid by the CITY at rates approved of by the CITY.
8. PAYMENT BY CITY.
A. Compensation. Subject to any limitations provided in the Contract Documents, City agrees to pay CONSULTANT as full consideration for the faithful performance of all of the Work the total amount of two hundred nine thousand seven hundred forty five Dollars ($209,745.00) (“Compensation”).
Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of thirty thousand dollars ($30,000.00) or more.
B. Monthly Invoice. CONSULTANT must furnish City with an invoice for the Work performed in accordance with the Contract Documents.
CONSULTANT may not submit invoices more often than once every 30 days .Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period.
C. City Review of Invoices. City will review each invoice and determine whether the Work performed is in accordance with the Contract Documents.
The Director may require CONSULTANT to provide a release of all undisputed Contract amounts contained in the invoice.
D. Disputes on Invoices. If City disputes any item on an invoice, City will give CONSULTANT notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.
E. 30 Days to Pay Invoice. Except as to any charges for the Work performed that the City disputes, City will cause CONSULTANT to be paid within 30 days of the date of the invoice or the date that CONSULTANT furnishes City with a release of all undisputed Contract amounts, whichever occurs later.
F. Partial Invoices. In the event there is any claim specifically excluded by CONSULTANT from the operation of any release, City may retain an amount not to exceed the amount of the excluded claim.
G. No Additional Compensation. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the contract documents, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered Design Professional Services contract -4-
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in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
9. TERM. The term of this AGREEMENT shall commence as of the Effective Date and shall continue through December 31, 2026. The CITY may extend said time of completion for delays caused by circumstances beyond the control of either party to this AGREEMENT. Should the consulting contract extend beyond the estimated time for completion of said services, CITY hereby reserves the right to continue CONSULTANT’s services hereunder with any and all fees for such additional services to be compensated by the CITY at rates approved by the CITY.
10. DISPUTES AND REMEDIES.
A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this AGREEMENT or the breach thereof, must be resolved by the following procedure:
(i) CITY and CONSULTANT will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by CITY or CONSULTANT at any time for the purpose of resolving a dispute. A determination by CITY’S Director of the Department of Public Works will be made within two (2) weeks after a meeting to resolve the dispute;
(ii) If unresolved within thirty (30) days, then City Manager, or his designee, will make a final determination;
(iii) Following the City Manager’s final determination, the Parties may submit any unresolved matters to non-binding mediation. The parties may, but are not required to be, represented by counsel in mediation;
(iv) If the Parties do not agree to mediation, or if mediation does not resolve the Parties’ dispute, the matter may be pursued in Los Angeles County Superior Court, or the United States District Court, Central District of California, if federal jurisdiction exists.
B. The Parties’ rights and remedies under this Agreement are in addition to any other rights and remedies provided by law.
11. PREVAILING WAGE. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the SERVICES are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. The CITY shall provide CONSULTANT with a Design Professional Services contract -5-
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copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the SERVICES available to interested parties upon request, and shall post copies at the CONSULTANT’s principal place of business and at the project site. CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
12. TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT upon giving a thirty (30) day advance written notice of such termination to CONSULTANT.
In that event, the City Manager, or his designee, based upon work accomplished by CONSULTANT prior to notice of such termination, shall determine the amount of fees to be paid to CONSULTANT for such services based upon accepted accounting practices.
CONSULTANT may terminate this AGREEMENT for cause in the event CITY fails to cure a default under this AGREEMENT within thirty (30) days after CONSULTANT has given CITY notice of such default. Upon termination of this AGREEMENT, CONSULTANT shall cease all work under this AGREEMENT and deliver to CITY all materials, reports, documents, notes or other written materials compiled through the last working day this AGREEMENT is in effect.
13. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in CONSULTANT’s own manner and method and in no respect shall CONSULTANT be considered an agent or employee of the CITY.
14. OWNERSHIP OF DOCUMENTS. All financial documents, data, studies, and reports prepared by CONSULTANT under this AGREEMENT are CITY’s property.
CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written noticeand/or upon the expiration or termination of this AGREEMENT.
15. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this AGREEMENT, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
16. NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in part by CONSULTANT without the written consent of CITY. Any purported assignment without such consent shall be void and without effect.
17. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a valid Taxpayer Identification Number.
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18. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this AGREEMENT, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
19. INDEMNIFICATION.
A. CONSULTANT hereby agrees to the following:
(i) Indemnification for Professional Services. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT will save harmless and indemnify CITY and, at CITY’s request, reimburse proportionate defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries, including death or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or
representatives, in the performance of this Agreement.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, and representatives.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. CITY does not, and shall not, waive any rights against CONSULTANT which it may have by reason of the aforesaid hold-harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by CONSULTANT, of any of the insurance policies hereinafter described in this AGREEMENT.
E. The aforesaid hold-harmless AGREEMENT by CONSULTANT shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONSULTANT, or any subcontractor of CONSULTANT, regardless of whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
F. Notwithstanding any provision of this Agreement to the contrary, design professionals shall be required to defend and indemnify the City only to the extent allowed by Civil Code Section 2782.8, namely for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional" includes licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business Design Professional Services contract -7-
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entities which offer such services in accordance with the applicable provisions of the Business and Professions Code.
G. The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions.
20. INSURANCE. Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of work and/or services under this AGREEMENT, CONSULTANT shall obtain, provide, and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
A. General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
B. Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, nonowned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
C. Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
D. Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
E. CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
F. Should CONSULTANT obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording Design Professional Services contract -8-
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that the excess liability policy follows the terms and conditions of the underlying policies.
G. Proof of insurance. CONSULTANT shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
H. Duration of coverage. CITY shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, their agents, representatives, employees, or subconsultants.
I. Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’S own insurance or self- insurance shall be called upon to protect it as a named insured.
J. CITY’S rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.
K. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY.
L. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Design Professional Services contract -9-
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CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT’S or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.
M. Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
N. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
O. Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the CONSULTANT’S insurers are unwilling to provide such notice, then CONSULTANT shall have the responsibility of notifying the CITY immediately in the event of CONSULTANT’S failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
P. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Q. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
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separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
S. Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by CONSULTANT (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of CONSULTANT under this AGREEMENT.
CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event CONSULTANT’S Subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, CONSULTANT may still be able to utilize the Subcontractor provided CONSULTANT shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the CONSULTANT, but in all other terms consistent with the CONSULTANT’S requirements under this AGREEMENT. This provision does not relieve the CONSULTANT of its contractual obligations under the AGREEMENT and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide CONSULTANT with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONSULTANT under this AGREEMENT given the limited scope of work or services provided by the subcontractor. CONSULTANT agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to CITY for review.
T. CITY’S right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’S compensation.
U. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
V. Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from Design Professional Services contract -11-
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CONSULTANT’S performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
W. Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
21. CITY’s Right to Revise Requirements. The CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving the CONSULTANT a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
22. NON-DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order.
23. UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONSULTANT so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
24. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
25. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition or covenant hereof.
26. ATTORNEY’S FEES. If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorney’s fees, in addition to any other relief to which it may be entitled.
27. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
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28. PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to CITY.
29. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this AGREEMENT have been negotiated and discussed between the parties and their attorneys, and this AGREEMENT reflects their mutual AGREEMENT regarding the same. Because of the nature of such negotiations and discussions it would be inappropriate to deem any party to be the drafter of this AGREEMENT; and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter, shall be applicable in interpreting or enforcing this AGREEMENT.
30. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as follows:
A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this AGREEMENT, and all related documents; and,
B. That each party has lawfully authorized the execution of this AGREEMENT.
31. MODIFICATION. This AGREEMENT shall not be modified except by written agreement of the parties.
32. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California.
33. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other and shall be served by personal service as required in judicial proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows:
CITY:
CONSULTANT:
City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
Nichols Consulting Engineers
2300 E. Katella Ave. Suite 125
Anaheim, CA 92806
Attn: Vivek Jha
Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
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Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
34. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, explosion, war, terrorist attack, embargo, strike, lockout, riot, freight embargo, public regulated utility, or government statutes or regulations superimposed after the fact.
35. ELECTRONIC TRANSMISSION OF AGREEMENT AND SIGNATURE. The Parties agree that this AGREEMENT may be signed and transmitted by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7.
36. RECORD AUDIT. In accordance with Government Code section 8546.7, records of both the City and the CONSULTANT shall be subject to examination and audit by the City for a period of three (3) years after final payment. [signatures on following page]
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized on their behalf.
OF SAN MARINO, a California municipal
corporation
ATTEST:
By ______________________________
Philippe Eskandar, City Manager
_______________________________
Alison Walker, City Clerk
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By _____________________________________
“CONSULTANT”
NICHOLS CONSULTING ENGINEERS,
CHTD.
TAXPAYER ID # ___________________
By ______________________________
Print Name: ______________________
Title: _______________________
By ______________________________
Print Name: ______________________
Title: _______________________
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Exhibit A
Scope of Services
City of San Marino
PS&E for FY2025-26 Street Rehabilitation Project
November 19, 2025
Page | 29
Proposed Approach
Based on the City’s RFP and our preliminary site visit, NCE understands the City is seeking a consultant to provide professional civil engineering and pavement engineering services for the FY 2025-26 Street Rehabilitation Project. Based on the City-provided map and street list, this project includes up to 22 street segments covering approximately 2.58 miles. The pavement is generally in “Poor” condition and many of the sections appear suitable for pavement rehabilitation including mill and thick overlays with base repairs or surface reconstructions.
During the Preliminary Design Stage NCE’s pavement engineers will perform a detailed visual pavement condition survey of each street section based on visible distresses and holistic condition of the roadway that goes beyond the typical PCI evaluation and focuses on underlying causes for pavement deterioration. The visual pavement investigation will be summarized in tabular form for the City’s review and approval prior to beginning work on the detailed PS&E. This will be used, in collaboration with the City, to optimize the crucial maintenance resources to provide the most cost-effective pavement treatments.
Based on our experience working with the City of San Marino and other local agencies, the streets often have thin pavement sections without aggregate base and are constructed as either AC directly on native subgrade or on Macadam base. Additionally, the thickness of the pavement structure is often inconsistent making generalized pavement design based on assumed structural capacity and needs challenging. Coring will be able to collect the needed pavement core samples and subgrade samples to properly characterize the existing structural sections and subgrade materials for design.
This will help provide more accurate pavement analysis and minimize costly change orders during construction without blindly overdesigning.
Prior to the development of the 60% plans, NCE will present the preliminary findings of our pavement investigation, including alternatives for the City’s input to guide the overall rehabilitation program. This will also allow our integrated pavement and civil design team to suggest revisions to our scope and approach, including possible revisions to the paving limits or, if necessary, the addition or removal of entire street segments to better meet the City’s budgetary constraints.
We’re able to provide this detailed cost analysis based on years of experience developing similar street preservation programs and understanding the associated cost implications of ADA curb ramp repairs and other roadway construction elements prior to the formal plans development. Providing this high-level summary before producing 60% plans allows us to avoid unnecessary revisions to the street list after development of the 60% plans, helping lead to smoother, more efficient, and cost-effective PS&E development.
While our pavement team is investigating the roadway pavement needs, our civil design team will prepare the project basemap beginning with available aerial imagery and confirmation of concrete flatwork repair or replacement needs during our data collection site walk. The PCC flatwork inspections will encompass the entire corridor including identification of severely damaged and uplifted curb and gutter causing drainage problems and the development of corner curb ramp improvements and driveway aprons per Caltrans Standards or City standards. During our proposal review we noted up to 48 curb corner ramp locations likely requiring ADA upgrades. These 48 locations will be designed utilizing field-collected measurements to determine standard plan curb ramps following City standards. NCE will also develop detailed 1” = 5’ scale or similar curb ramp layout details and annotation for up to 5 locations that may be nonstandard plan curb ramps due to existing conditions.
Once we’ve confirmed the required pavement rehabilitation treatments, paving limits, ADA upgrades, and concrete repairs, NCE will continue with the Preliminary Design to develop the various 60% and 90% roadway improvement plan sheets and striping improvement sheets. We will also develop relevant cost estimation for bid items and technical specifications utilizing the City’s boilerplate specifications as a template. After working with the City through each milestone, we’ll ultimately provide the City with the Final Plans in the Final Design Stage.
Despite well-thought-out PS&Es, there may always exist unknown field conditions and questions that arise during construction. NCE stands by our pavement engineering designs and will be available to the City to provide design services during bidding and construction. One such service is helping City staff re-mark base repairs with the Contractor to avoid potential misunderstanding and costly overruns during the construction of base repairs.
City of San Marino
PS&E for FY2025-26 Street Rehabilitation Project
November 19, 2025
Page | 30
Assumptions: As the project focuses primarily on pavement rehabilitation, we assume:
City to provide all available utility data, as-builts, and relevant design standards. Road rehabilitation, including curb ramps, can be designed within the existing City right-of-way (ROW). No major re-grading and drainage re-design or drainage analysis is required, which will require topographic surveying.
No permits are anticipated beyond a no-fee City encroachment permit for optional coring work. No anticipated geometric alterations to intersections or lane reconfigurations. Striping and markings will be replaced in “like-kind”. No signage plans are required. No utility relocation design.
Scope of Services
Task 1: Project Management and Meetings
NCE’s Project Manager, Jim Bui, PE, will serve as the City’s single point of contact and will have primary responsibility for coordinating the efforts of the project team. Specific project management tasks to be conducted by Jim include monthly budgeting, invoicing, scheduling, and general project administration. Jim will arrange a kick-off meeting with the City to initiate the work. The objectives of the kick-off meeting will be:
Review the scope of work.
Establish paths of communication.
Review project schedule and critical milestones.
Review project requirements, including design objectives, budget, constraints, and criteria. The City’s requirements will be further defined during the meeting. Review and discuss the pertinent City standards, provisions, and practices. Review City Standard Design Criteria and latest City-adopted formats. Request background information
Obtain electronic file of the City’s cover sheet template, title block, and CAD Standards.
Whether a simple preventative maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with, and coordination among, the various stakeholders from the start to deliver a high-quality project within budget and on schedule. At the kick-off meeting, key deliverables for each Task and the Project Schedule will be reviewed and adjusted accordingly to meet City needs.
The following meetings are included in the scope: kick-off/preliminary meeting (1 hour) and 4 monthly virtual progress meetings (1 hour). The purpose of these meetings will be to identify and resolve design issues that may surface, present design alternatives and recommendations, and continue coordination with project stakeholders, as necessary.
Deliverables
Kick-Off meeting and monthly progress meeting agendas and minutes.
Task 2: Utility Coordination
2.A: Utility “A” Letters
NCE will coordinate with utility agencies early in the design process of the street rehabilitation project to help avoid potential construction delays and unnecessary disruptions to public services. Utility coordination will be a critical item to keep utility providers informed about the project and schedule to allow for proper notification and planning should utility providers have planned maintenance projects within the subject street sections and/or need to lower/adjust their utilities to accommodate street rehabilitation. As this is a pavement rehabilitation project, we assume there will not be a need for utility relocations.
NCE will utilize a City-provided utility contact list and prepare a Utility “A Letter” on City letterhead for City distribution.
Working with other agencies, we have observed that utility letters receive more prompt attention when distributed by a City. This can also help avoid utility agencies assessing additional mapping and reproduction costs, thus resulting in cost- City of San Marino
PS&E for FY2025-26 Street Rehabilitation Project
November 19, 2025
Page | 31
effective utility coordination. NCE will then track the progress of inbound and outbound responses in a utility tracking matrix. NCE will coordinate with the City so that the early notification following our revised treatment recommendation list from Task 3 will allow utility providers to perform maintenance on their facilities prior to moratorium on the street paving area and/or assess their utilities and the possible need to lower/adjust their facilities, which can take up to a year or longer.
In addition, it is assumed that all utility operators do not assess additional charges for working with a design consultant.
If utility operators assess any mapping or research charges for working with a design consultant, these utility operator charges will be included as additional expenses to the project.
Deliverables
Utility Notification “A Letters” and Utility Contact Matrix.
2.B: Utility “B” Letters
After completion of the 90% or 100% draft Plans, NCE will also prepare a final Utility “B” Letter informing local utility operators of impending construction and moratorium requirements. Letters will be prepared and tracked similar to the Utility “A” letters.
Deliverables
Utility Notification “B Letters” and Utility Contact Matrix.
2.C: Utility “C” Letters (Optional)
An Optional Utility “C Letter” may be prepared.
Deliverables
Utility Notification “C Letters” and Utility Contact Matrix.
Task 3: Pavement Design
3.A: Pavement Condition Surveys
NCE will perform a detailed pavement condition survey of the subject street segments based on visually observable distresses. This condition survey will go beyond the typical PCI inspections conducted as part of the Pavement Management Program. In addition to noting the presence of load-related and environmental distresses, such as alligator cracking, longitudinal and transverse cracking, rutting, patches and utility cuts, distortions, and depression, NCE pavement designers will focus on underlying pavement concerns. This will provide NCE’s pavement engineers with preliminary pavement design information to be further refined with the aid of a focused pavement coring and subgrade laboratory testing program.
In addition, potential base repairs will be identified in the field. At a minimum, the prevailing type of distress, approximate location, and approximate size of repairs will be recorded. If requested, a minor field marking in white paint may be made at each location for future site review. These base repair surveys will be used in the preparation of approximate bid quantities and repair data presented on the engineering plans.
The results of our inspection will be summarized in tabular form by street segment, including proposed treatments and costs. If the pavement treatments require adjustment to fit within the City’s target construction budget, we can make early adjustments to the treatments or paving limits, saving valuable design efforts.
NCE will document localized base repairs using GPS equipment with a typical accuracy up to 2-5 feet. The collected data will be processed in GIS and delivered as a KMZ file, detailing the street name, address, and dimensions of each repair.
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 repairs).
Deliverables
Pavement Treatment Recommendations Table
Base Repair Summary photo log (KMZ) with geotagged locations City of San Marino
PS&E for FY2025-26 Street Rehabilitation Project
November 19, 2025
Page | 32
3.B: Pavement Coring Program and Laboratory Testing
NCE will obtain pavement core samples to support the evaluation of potential subgrade deficiencies. Pavement coring will enable NCE to verify existing layer thicknesses, identify material types, and assess subgrade conditions. These findings are essential for developing accurate pavement designs and determining cost-effective and durable rehabilitation strategies. This information is critical for developing accurate pavement designs and selecting cost-effective and durable rehabilitation strategies. NCE will collect pavement cores at intervals of every 1,500 lane-feet, or a minimum of two cores per street segment, whichever is greater. In addition, NCE will collect at least one soil sample per street segment.
For the project we assume up to 27 core locations that we estimate will take up to 3 days to complete. Cores will be marked for utility clearance via DigAlert®. For each core sample, NCE will measure and record the thickness and material type of each layer encountered in the pavement structural section, including the presence of pavement reinforcing fabric or macadam base.
Bulk samples of subgrade will be obtained at locations in accordance with the stated key assumptions. For the project we assume up to 12 sets of lab tests. We will collect bulk samples of subgrade materials at the core locations for laboratory testing such as R-value, moisture content and Atterberg Limits determinations.
The core holes will penetrate through the pavement section and will then be backfilled with the excavated materials capped with asphalt concrete cold patch on asphalt streets. NCE will then compile the coring and laboratory data and append it to its pavement design memorandum. Each core sample will be logged and stored at NCE’s office and retained through the duration of the project including construction before they are disposed. Additionally, NCE will apply for and obtain a no-fee encroachment permit from the Client prior to starting the coring. In addition, NCE may conduct dynamic cone penetrometer (DCP) testing to estimate the thickness of the existing AB layer.
Temporary traffic control will be provided by a third-party vendor in accordance with the 2024 WATCH Manual. It is assumed that formal traffic control plans are not required, but may be provided for additional scope and fee if required.
Deliverables
Pavement Coring Summary Table including coring logs, photos, and maps Laboratory Testing Results
Executed No-Fee Encroachment Permit
3.C: Pavement Design Report
A brief pavement design report summarizing the results of the condition surveys as well as the coring and laboratory testing results will be prepared for the City to aid in the proper selection of pavement repairs. It is assumed the City will provide NCE with relevant traffic information for each street segment including traffic index (TI) values. Using the TI information provided by the City, NCE will provide recommended pavement repairs including structural need of each street segment and required overlay thickness and mill depth, as well as surface reconstruction recommendations as needed. Construction-specific information such as subgrade preparation or over-excavation will also be provided as needed. In the case of encountered paving fabric or Macadam road base, additional construction-specific handling information will be provided.
The report may include recommendations including, but not limited to the following:
Conventional HMA pavement overlays or mill and overlays. Asphalt Rubber Hot Mix (ARHM) overlays or mill and overlays. Surface Pavement Reconstruction.
Full-width milling, micro-milling, and wedge grinding requirements. Quantities and treatments of failed pavement sections (base repairs).
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 repairs).
Deliverables
Draft & Final Pavement Design Report including budgetary costs.
City of San Marino
PS&E for FY2025-26 Street Rehabilitation Project
November 19, 2025
Page | 33
Task 4: Plans, Specifications, and Cost Estimates (PS&E)
4.A: Design Data Gathering
Starting with the data collected under Task 3 for pavement design, additional relevant roadway geometric information will be collected for the development of pavement maintenance, rehabilitation and reconstruction plans. NCE’s field staff will utilize mobile data collectors to inventory relevant roadway design data such as street widths, pavement cross slopes, utility locations, concrete flatwork repairs, ADA curb ramp evaluation at intersection corners, and alley intersection evaluations.
NCE’s field staff will inventory required curb & gutter (C&G) repairs to address obvious drainage issues or shattered concrete, including marking repair locations in white paint for easy identification. Attributes may include the type and width of curb and gutter (as they vary across project streets), major distress, presence of existing failed repairs, tree-root related damage, and repair length. C&G repairs may include driveway aprons.
Intersection corners with sidewalk and no curb ramp or a curb ramp missing a detectable warning surface will be evaluated for key curb ramp layout information. As part of our preliminary proposal reconnaissance, we identified 48 non-complaint curb ramps. We assume that the curb ramps do not require detailed topographic surveying or field evaluation, no utility work beyond minor adjustment of frames and covers to grade and no larger intersection geometric design or analysis is required.
For each curb ramp corner NCE staff will collect key curb ramp layout information including the curb height on both sides of the proposed ramp location, existing sidewalk widths, prevailing sidewalk slope, and representative photographs. The presence of major utilities such as catch basins, traffic signals, and utility vaults or pull boxes will also be noted during our field evaluation. This basic inventory will be utilized by NCE to provide the City with curb ramp details including critical dimensions and the selection of possible types of ADA curb ramp replacement and quantity.
Surface visible utilities including manhole lids, pull boxes, valve boxes, traffic signal detector loops, and catch basins within the paving limits will be approximately located in the field using GIS methods through a combination of handheld GPS devices and aerial imagery. The collected data will be sufficient for the development of basic roadway layout plans.
Underground utility mapping such as utility potholing or ground penetrating radar (GPR) is not included.
4.B: 60% PS&E
Basemap P5reparation
NCE will utilize the field data collected under Task 4.A in conjunction with publicly available aerial imagery to develop a suitable project basemap for pavement preservation design, including ancillary concrete repairs and ADA curb ramp upgrades. The basemap will also depict surface visible utility features such as manholes and utility valves sufficient to call out for protection or adjustment during paving operations.
NCE will utilize a combination of publicly available Los Angeles County GIS parcel limits and GIS City limits to depict necessary ROW information for collaboration with stakeholders and aid in depicting paving limits. Based on our understanding of the pavement rehabilitation scope, no additional ROW is required for the design of the project. 60% PS&E
The 60% draft PS&E will incorporate the various data collection efforts and pavement design compiled as part of previous tasks. The 60% roadway plans will incorporate typical design elements including layout plans, striping plans, pavement treatments, base repairs (digouts), approximate GIS right-of-way parcel lines, wedge grinds, conform grind locations at intersecting side streets, concrete flatwork repairs, curb ramp layouts, driveway apron repairs, and limits of paving work.
Surface visible utility structures will be identified on the Plans for either adjustment or protection.
In general, concrete flatwork such as curb and gutter, sidewalk, and driveway aprons will only be depicted schematically based on approximate outlines utilizing publicly available aerial imagery. These layouts will be of sufficient accuracy to conduct concrete flatwork repairs.
City of San Marino
PS&E for FY2025-26 Street Rehabilitation Project
November 19, 2025
Page | 34
Curb ramps will be designed per Caltrans Standard Plans or similar City Standards only the approximate shape and relative size will be drawn on the Plans, with a callout for the relevant Standard Plan installation. For curb ramps that may be non-standard or have potential issues due to existing conditions, we have assumed 10% or up to 5 locations may require detailed plan layouts at a 1” = 5’ scale or similar.
The Plans will be prepared in AutoCAD Civil 3D 2024 format, or similar on 24” x 36” sheets, utilizing the City’s Title Block and CAD Template as agreed upon during Task 1 and drawn at a scale of 1” = 40” for improvement plans and striping plans. We assume the existing striping and signage present is currently adequate. We do not anticipate significant revisions to striping and will only design existing striping in like-kind according to the CA MUTCD with minor adjustment for the new curb ramp layouts.
Anticipated 60% Street Improvement Plan List
(1) – Title Sheet with Location Map and Vicinity Map
(1) – Notes, Legend, and Abbreviations Sheet
(13) – Roadway Improvement Plans (1” = 40’)
(13) – Striping Plans (1” = 40’)
(1) – Curb Ramp Detail Layout Sheet for up to 5 locations (1” = 5’) (1) – Construction Details
The Engineer’s Estimate of Probable Construction Cost will be prepared in MS Excel format using a Bid Item 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 in Southern California as well as the City’s previous Street Rehabilitation Project, we are confident in our ability to estimate the construction cost of the City’s project.
NCE assumes the city will provide boilerplate specifications suitable for the development of the roadway rehabilitation project in MS Word Format. NCE will provide revisions to the Special Provisions related to the specifications for materials or construction related to our bid items using the 2024 APWA Greenbook Specifications with select 2025 Caltrans Standard Specifications. NCE assumes the City will develop the “front-end” specifications including bid book and we will only be responsible for adding project-specific modifications and information.
Deliverables
Electronic Deliverables - 60% draft plans (PDF), 60% draft Engineer’s Estimate of Probable Construction Cost (PDF), 60% Special Provisions (MS Word), and 60% draft General Provisions (MS Word)
4.C: 90% PS&E
The 60% PS&E will be revised to incorporate design review comments received from the City. NCE will meet with the City to review these comments, from which the Draft 90% PS&E will be prepared. NCE will further refine the design to a 90% level of design at this stage. This will include fine-tuning of improvement plans for the pavement rehabilitation of streets and additional detail development. The draft 90% PS&E will then be packaged and submitted similarly to the 60% PS&E, unless directed otherwise.
Deliverables
Electronic Deliverables - 90% draft plans (PDF), 90% draft Engineer’s Estimate of Probable Construction Cost (PDF), 90% Special Provisions (MS Word), 90% draft General Provisions (MS Word), 60% Comment Resolution Matrix
4.D: Final PS&E
The 90% PS&E will be prepared to incorporate final design review comments received from the City. NCE will meet with the City to review these comments, from which the Final PS&E will be prepared. The Final PS&E will be finalized and sent to the City as a digital check set prior to printing. The final package will be stamped and signed by a registered professional engineer and packaged in a bid-ready format.
City of San Marino
PS&E for FY2025-26 Street Rehabilitation Project
November 19, 2025
Page | 35
Deliverables
Electronic Deliverables - Final plans (PDF), Final Engineer’s Estimate of Probable Construction Cost (PDF), Final Special Provisions (MS Word), and Final General Provisions (MS Word) Task 5: Bidding and Construction Support
5.A: Bidding Support
NCE will be available to provide assistance during the advertisement and bidding period of the project. This will include attendance at the pre-bid meeting, preparation of verbal and written responses to questions received about the project design, and preparation of clarifications and exhibits to the PS&E that are deemed necessary. NCE can also assist the City in determining the responsiveness of bids received and with checking and tabulating bid results. We have included up to 12 hours of staff time for bidding support, and any effort beyond that will be on a time-and materials basis at an additional cost.
Deliverables
Attend pre-bid meeting
Prepare responses to questions received regarding project design Prepare one (1) bid addendum as necessary
Provide assistance with bid responsiveness (as needed)
5.B: Construction Support
We assume the project construction phase will be professionally managed by the City’s Construction Manager (CM) including the required inspection staff. At a minimum, the construction support services are anticipated to include attendance at the construction kick-off meeting, responding to contractor requests for information (assume up to 3 RFI’s) and providing recommendations for necessary changes to the construction documents due to unforeseen field conditions. Construction support will also include material submittal review for conformance with the NCE-developed Special Provisions.
For a typical roadway rehabilitation project, we anticipate the following material submittals to be reviewed by NCE:
Tack Coat Submittal.
Permanent and Temporary Paving Asphalt Concrete Mix Design. PCC Slab Replacement Mix Design and Jointing Plan.
C&G, Cross Gutter, Spandrel, Driveway Apron, and Curb Ramp PCC Mix Design. ADA Detectable Warning Surface Submittal.
Utility Frame and Cover or Manhole Adjustment PCC Mix Design. Aggregate Base for Base Repairs.
Permanent and Temporary Pavement Striping and Markings Submittal.
The limited number of hours (40 Total) to provide construction support services in the Fee Estimate is an estimate only.
The actual cost will be dependent on the City and Contractor and will be billed on a time and materials basis.
Deliverables
Attend Construction Kickoff Meeting
As-needed RFI responses (up to 3) and submittal review during construction.
5.C: As-Built Plans (Optional)
We assume the City’s CM will provide legible, consolidated as-built plan redlines for NCE to develop as a digital as-built of the project Plans. NCE will submit an electronic copy of the as-builts to the City in PDF format. We assume up to 14 hours to prepare as-built drawings. The actual cost will be dependent on the City and Contractor and will be billed on a time and materials basis.
Deliverables
Digital as-built of the Plans (PDF) and CAD E-Transmittal Design Professional Services contract -16-
Revised-7.2025
Exhibit B
Cost Proposal
Task Description
Project
Manager
Principal
Eng
QC/QA
Manager
Project
Eng I
Staff
Eng II
Staff
Eng I
Senior Field
Tech
Tech
Editor
Labor
Expenses Coring
Pavement
Lab Testing
Traffic
Control
Reimburseable
Expenses Total Cost
Rate $220 $300 $300 $180 $170 $160 $130 $110
1. Project Management and Meetings
A. Project Management and Meetings 16 4 48 4 $ 7,240 $ 200 $ 7,440 Sub-Total 16 4 0 4 8 0 0 4 $ - 7,240 $ - $ - $ 200 $ 7,440 $
2. Utility Coordination
A. Utility "A" Letter 2 8 24 2 $ 100 5,860 $ $ 5,960
B. Utility "B" Letter 2 6 16 1 $ 100 4,130 $ $ 4,230
C. Utility "C" Letter (Optional) 1 4 12 1 $ 50 2,930 $ $ 2,980 Sub-Total Without Optional 4 0 0 0 14 40 0 3 $ - 9,990 $ - $ - $ 200 $ 10,190 $ Sub-Total With Optional 5 0 0 0 18 52 0 4 $ - 12,920 $ - $ - $ 250 $ 13,170 $
3. Pavement Design
A. Pavement Condition Surveys 22 28 16 1 $ 300 8,750 $ $ 9,050 B. Pavement Coring and Laboratory Testing 22 6 8 32 1 $ 16,500 7,670 $ 10,824 $ 7,590 $ 500 $ $ 43,084 C. Pavement Design Report 2 2 12 41 $ 100 3,950 $ $ 4,050 D. Additional 1 Day Coring (Optional) 41 $ 5,500 630 $ 2,300 $ - $ $ 8,430 Sub-Total Without Optional 6 0 6 46 0 28 32 3 20,370 $ 16,500 $ 10,824 $ 7,590 $ 900 $ 56,184 $ Sub-Total With Optional 6 0 6 46 0 28 36 4 21,000 $ 22,000 $ 10,824 $ 9,890 $ 900 $ 64,614 $
4. Plans, Specifications & Estimates
A. Design Data Gathering 4 12 40 2 $ 500 9,540 $ $ 10,040 B. 60% Draft PS&E 40 4 16 24 120 160 6 $ 500 65,780 $ $ 66,280 C. 90% Draft PS&E 24 2 12 16 60 60 4 $ 250 32,600 $ $ 32,850 D. 100% PS&E 16 1 6 8 24 32 2 $ 200 16,480 $ $ 16,680 Sub-Total 84 7 34 48 216 292 0 14 124,400 $ - $ - $ - $ 1,450 $ 125,850 $
5. Design Services During Bidding and Construction
A. Bidding Support 44 40 $ 100 2,280 $ $ 2,380
B. Construction Support 14 12 12 2 $ 200 7,500 $ $ 7,700 C. As-Built Plans (Optional) 4 12 2 $ 100 3,140 $ $ 3,240 Sub-Total Without Optional 18 0 0 16 16 0 0 2 9,780 $ - $ - $ - $ 300 $ 10,080 $ Sub-Total With Optional 22 0 0 16 28 0 0 4 12,920 $ - $ - $ - $ 400 $ 13,320 $ I. Total (Without Optional) 128 11 40 114 254 360 36 27 172,410 $ 22,000 $ 10,824 $ 9,890 $ 3,050 $ 209,744 $ II. Total (With Optional) 133 11 40 114 270 372 36 30 178,480 $ 22,000 $ 10,824 $ 9,890 $ 3,200 $ 224,394 $
1. For Task 2 contacting non-responsive utilities multiple times is not included. Mapping, reproduction, and shipping fees charged by utility operators are not included.2. Task 3.B assumes up to two (3) days of pavement coring with temporary traffic control services.3. Task 5 are estimated hours only. Actual hours are subject to bidding and construction requests and will be charged on a time and materials basis.
City of San Marino
PS&E For FY 2025-26 Street Rehabilitation Project
Cost Proposal
November 19, 2025
Labor Hours