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AGREEMENT WITH BIGGS CARDOSA ASSOCIATES INC.FOR DESIGN PROFESSIONAL SERVICESFORGATEWAY PARK PEDESTRIAN PROJECT REPLACEMENTThis Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Biggs Cardosa Associates Inc., a corporation, (“CONSULTANT”), whose address is 1111 Broadway, Suite 1510 Oakland CA 94607:RECITALS:A. CITY desires certain professional engineering design services hereinafter described.B. CITY desires to engage CONSULTANT to provide these professional engineering design services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.NOW, THEREFORE, IT IS AGREED as follows:SECTION 1 - SCOPE OF SERVICESThe scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.SECTION 2 - DUTIES OF CONSULTANTCONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.CONSULTANT represents that it is qualified to furnish the services described under this Agreement.CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.SECTION 3 - DUTIES OF CITYCITY shall provide pertinent information regarding its requirements for the project.
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.SECTION 4 - TERMThe services to be performed under this Agreement shall commence upon execution of agreement and be completed by December 31, 2026. The term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of the CONSULTANT. SECTION 5 - PAYMENTPayment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee, on a time and expense reimbursement basis, in an amount not to exceed $228,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.SECTION 6 - TERMINATIONWithout limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.SECTION 7 - OWNERSHIP OF DOCUMENTSAll documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.SECTION 8 - CONFIDENTIALITYAll reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
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SECTION 9 - INTEREST OF CONSULTANTCONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.SECTION 10 - CONSULTANT'S STATUSIt is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.SECTION 11 - INDEMNITYCONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.SECTION 12 - INSURANCECONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.SECTION 13 - NONASSIGNABILITYBoth parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.SECTION 14 - RELIANCE UPON PROFESSIONALSKILL OF CONSULTANTIt is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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SECTION 15 - WAIVERSThe waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.SECTION 16 – SEVERABILITYIf any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.SECTION 17 - COSTS AND ATTORNEY FEESAttorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.SECTION 18 - NON-DISCRIMINATIONCONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.SECTION 19 - MEDIATIONShould any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 20 - LITIGATIONCONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.SECTION 21 - NOTICESAll notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:To CITY: City of San MateoAttn: Stephanie Piñon330 W 20th AvenueSan Mateo, CA 94403To CONSULTANT: Biggs Cardosa Associates Inc. Attn: Mahvash Harms1111 Broadway, Suite 1510Oakland, CA 94607SECTION 22 - AGREEMENT CONTAINS ALLUNDERSTANDINGS; AMENDMENTThis document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.This document may be amended only by written instrument, signed by both CITY and CONSULTANT.SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENTCONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.SECTION 24 - GOVERNING LAW AND VENUEThis Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.[SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: 0150B56F-AD86-45AA-8E12-C1F77686FC7C Signing In Process
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.CITY OF SAN MATEO CONTRACTORMatt FabryDirector of Public WorksDate Mahvash HarmsIts Authorized AgentVice PresidentIf a Corporation, can be either 1) President or 2) Vice President plus an additional corporate officer (i.e., Secretary, Treasurer) who shall sign below.DateAPPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER (if necessary per the above)Linh NguyenAssistant City AttorneyDate Daniel DevlinSecretaryDateAttachments:Exhibit A: Scope of ServicesExhibit B: Payment RatesExhibit C: Insurance Requirements DocuSign Envelope ID: 0150B56F-AD86-45AA-8E12-C1F77686FC7C 2/26/2024
2/26/2024
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EXHIBIT ASCOPE OF SERVICESSCOPE OF SERVICES1.Project Management & Coordination•Ensure an efficient and coordinated project development process, the delivery of a high-quality product, and the development of the Project components within budget and on schedule.•Be responsible for detailed management of the project, including any subconsultants, and keep the City appraised of the status of the project. Represent the City, with the City’s input and approval, in communications with other external agencies as needed to deliver the Project.•Provide the key personnel as described in the Proposer’s proposal and do not reassign key project personnel without prior approval of the City per the Standard Agreement for Professional Consultant Services.•Prepare and submit monthly progress reports including a summary of completed activities, proposed activities for next month, issues affecting project delivery, scope, schedule, or budget, consultant's actions to mitigate issues, a summary of project decisions, updated project schedule, budget status, percent of work complete and cost to complete remaining work, and other important project information.•Prepare and submit a baseline schedule and monthly progress schedules including identifying key permits and agency approvals with associated processes required to facilitate the design and construction of the Project.•Attend both virtual and in-person meetings with the City including but not limited to a kick-off meeting, bi-weekly progress review, design submittal presentation, and review meetings at each submittal milestone, and as described elsewhere in this scope of services.Deliverables:•Baseline schedule•Monthly project progress report and schedule submitted with invoice•Meeting agendas and minutes2.Site Investigations including Survey & Abutment Review•Perform field reconnaissance and prepare a record of site conditions.•Obtain and review available information relevant to this project from the City including utility base maps pertinent to the project and adjacent areas and as-built plans •Conduct land surveying as needed to prepare accurate plans, including topographic data, survey control points, and confirmation of right of way limits. Use of various public agency topographic information sources may be acceptable – proposer to include a description of the source and quality control/assurance of data in the proposal.•City right of way lines and property line boundaries will be shown based on record map information and best fit to the site or otherwise based on prior projects completed in the area.•Research underground and overhead utilities, contact utility owners to request available record information, and prepare a detailed survey of all known underground and overhead utilities within the project area to incorporate utility information in the plan set. (Potholing and utility location are excluded)•Determine if there are any necessary site improvements required for ADA accessibility to/from the bridge and seismic stability. Review existing City ADA compliance survey and field-verify conditions using smart-level. •Inspect and analyze existing abutments and determine reusability.Deliverables:
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•Topographic base map including utility information3.Environmental Compliance•Prepare Project Description based on the 30% plans. •Confirm what CEQA document and/or environmental (regulatory) permits (if any) are required for the Project. •Prepare Technical Studies to support the CEQA Document. Based on our prior experience with similar projects, we anticipate that a Biological Resources Assessment Report, summarizing the results of reconnaissance survey and including a list of recommended avoidance and minimization measures, is the only technical study required. •Prepare CEQA document. Based on our prior experience with similar projects, we believe the project will be categorically exempt from CEQA under Class 2 Replacement or Reconstruction, and a CEQA Notice of Exemption will be prepared. •Obtain all necessary environmental (regulatory) permits necessary for the construction of the project. The following regulatory permits may be required:oCalifornia Department of Fish and Wildlife (CDFW) – Section 1602 Notification of Lake or Streambed Alteration (LSA)oRegional Water Quality Control Board (RWQCB) – Application for Waste Discharge RequirementsoUS Army Corps of Engineers (USACE) – not required as no fill or exaction below ordinary high-water mark is anticipated •We assume federal funds will not be used for the project. Additional scope for NEPA clearance can be added if required.•We assume bridge abutments will not be replaced or significantly modified, no work will be required below top of bank, no vegetation of special-status species will be impacted and there will no compensatory mitigation required by permits. 4.Preliminary Engineering•Identify potential existing utility conflicts and any suggested utility relocation scope highlighting where a third-party utility may be required to perform utility relocation in accordance with existing franchise agreements and identify potential schedule impacts. The City will lead coordination with the impacted third-party utility but the Consultant will be responsible for preparing exhibits, and work summaries, and participate in meetings with the affected third-party utilities. We assume no utility relocations are required.•Prepare 30% design-level drawings identifying the proposed improvements and limits of work. Drawings will be:oAccessibility improvementsoStructure general planoStructure general notes and specifications•Prepare a list of Caltrans standard special provisions (SSP’s) and non-standard special provisions (NSSP’s) •Prepare preliminary bid item list and cost estimate•Prepare the Basis of Design (BOD) report including abutment evaluation Deliverables:•30% design submittal including plans, specifications outline, and cost estimate•Basis of Design (BOD) report DocuSign Envelope ID: 0150B56F-AD86-45AA-8E12-C1F77686FC7C Signing In Process
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5.Preparation of Detailed Plans, Specifications, & Cost Estimates (PS&E) for Construction•Communicate with various agencies and utility companies as necessary to obtain information and permits, and coordinate any other activities required to complete the scope of services and implement project construction. We assume no utility relocations are required.•Present in-progress plans at the biweekly progress meetings with the City.•Prepare and submit plans, specifications, and cost estimates for 90% and 100% design development milestones. Drawings will be:oCover sheetoAccessibility improvementsoStructure general planoStructure general notes and specificationsoAbutment details•Prepare for and facilitate a design review workshop with City staff.•Prepare and submit final construction contract documents incorporating all comments from previous reviews.•Prepare plans using AutoCAD and plot at appropriate scales on 22-inch x 34-inch sheets.•Write specifications in the format of Caltrans standard specifications 2023 version. The City will provide standard City general conditions for the consultant’s use. Prepare all special provisions and technical specifications required for construction in a manner that integrates clearly with City and Caltrans specifications. Review general conditions and coordinate any proposed changes with the City. This project may utilize federal funds for construction; write specifications accordingly. •Develop a schedule of bid items to address all required contract work and prepare clear specifications for measurement and payment. Provisions for alternate items may be considered as an approach to keep the project within budget. Identify any physical work required for project implementation outside of the construction contract and provide recommendations for procurement methods.Deliverables:•Progress plans as required (pdf)•90% and 100% PS&E submittals in electronic format (MS Word, Excel, and pdf)•Technical review workshop agenda and minutes•Final bid documents: submit original stamped drawings and complete contract book including bid documents, general conditions, and special provisions in electronic format (MS Word and pdf, plans in AutoCAD and pdf)•Final quantity estimates, quantity calculation sheets, and final construction cost estimate submitted in the format of the schedule of bid items in electronic format (MS Word and pdf), including detailed construction cost estimate documentation•Other documentation as needed to clarify the design and contract approach6.Bid Phase Support•Attend a pre-bid meeting and respond to questions concerning the plans, specifications, and other bid documents before bid opening and prepare contract addenda, if needed.Deliverables:•Contract addenda, if needed, for distribution by the City•Written responses to bidder’s questions for distribution by the City during the bid phase DocuSign Envelope ID: 0150B56F-AD86-45AA-8E12-C1F77686FC7C Signing In Process
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7.Engineering Services During Construction•Provide professional engineering services during the project construction phase to support the administration of the construction contract, including but not limited to tasks such as responding to requests for information, reviewing contractor submittals, and preparing design change documents.8.General Consulting Services (Option Services)Provide limited general consulting services to additional support the City during preliminary engineering, design, bid, or construction phases. Consultant shall request City’s written authorization prior to commencing with any services as outlined in Task 8. Optional services under this Task may include but are not limited to: oEvaluation of alternative bridge materials and coatings: review alternative materials and coatings, including aluminum, weathering steel, epoxy coatings, galvanizing, and powder coat, and prepare a technical memorandum.
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Design Professional Services 2024 Page 11 of 13Rev 1/24 EXHIBIT BPAYMENT RATESCHARGE RATE SCHEDULESenior Principal $325.00Principal $280.00Associate $257.00Engineering Manager $225.00Senior Engineer $205.00Project Engineer $190.00Staff Engineer $175.00Assistant Engineer $160.00Junior Engineer $145.00Senior Computer Drafter $165.00Computer Drafter $145.00Junior Computer Drafter $130.00BIM/Visualization Specialist $165.00Project Administrator $190.00Project Coordinator $155.00Secretarial Administrative Services $125.00Construction Manager $280.00Senior Structural Representative $240.00Structural Representative $215.00Assistant Structures Representative $170.00Senior Bridge Inspector $215.00Subconsultants Cost Plus 10%Expenses Cost Plus 15%Charge Rates Applicable October 1, 2023 through September 30, 2024Anticipated escalation is between 5% and 8% per year starting Oct 1, 2024 DocuSign Envelope ID: 0150B56F-AD86-45AA-8E12-C1F77686FC7C Signing In Process
Design Professional Services 2024 Page 12 of 13Rev 1/24 EXHIBIT CINSURANCE REQUIREMENTSMINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as:1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregateIf 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.Other Insurance ProvisionsThe insurance policies are to contain, or be endorsed to contain, the following provisions:Additional Insured StatusThe City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).Primary CoverageFor any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.Notice of CancellationEach insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of DocuSign Envelope ID: 0150B56F-AD86-45AA-8E12-C1F77686FC7C Signing In Process
Design Professional Services 2024 Page 13 of 13Rev 1/24 Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C. Waiver of SubrogationCONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement 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. Deductibles and Self-Insured RetentionsAny deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of InsurersInsurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.Verification of CoverageCONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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